James A Gardner – författare

Election campaigns ought to be serious occasions in the life of a democratic polity. For citizens of a democracy, an election is a time to take stock-to reexamine our beliefs; to review our understanding of our own interests; to ponder the place of those interests in the larger social order; and to contemplate, and if necessary to revise, our understanding of how our commitments are best translated into governmental policy-or so we profess to believe. Americans, however, are haunted by the fear that our election campaigns fall far short of the ideal to which we aspire. The typical modern American election campaign seems crass, shallow, and unengaging. The arena of our democratic politics seems to lie in an uncomfortable chasm between our political ideals and everyday reality. What Are Campaigns For? is a multidisciplinary work of legal scholarship that examines the role of legal institutions in constituting the disjunction between political ideal and reality. The book explores the contemporary American ideal of democratic citizenship in election campaigns by tracing it to its historical sources, documenting its thorough infiltration of legal norms, evaluating its feasibility in light of the findings of empirical social science, and testing it against the requirements of democratic theory.

New Frontiers of State Constitutional Law: Dual Enforcement of Norms, edited by James A. Gardner and Jim Rossi, projects a new vision for state constitutional law through a collection of essays that reflect a shift in legal thinking about the relationship between national and subnational systems of constitutional law. This work charts a new course that gives voice to a recent, rising chorus of dissent among scholars and judges, namely that national and subnational systems of constitutional law cannot be adequately understood in isolation from one another. To the contrary, they are linked in a web of jurisprudential, social, and pragmatic connections structured by the American system of federalism. Here, multiple layers of constitutional law function together in a complex, interdependent process in which constitutional norms are developed, articulated, and enforced. The essays illuminate the role that state constitutions must play in any theory of federalism, and exemplify a fresh approach to state constitutionalism by discussing a range of issues, including recent debates regarding state constitutional protections for same-sex marriage.The entire work embraces the struggle between state and national power for dominance in American law and places both on equal ground. It contends that constitutional meaning in a federal system is never static and that it evolves over time. In addition to covering methods of judicial review, it discusses the handling of constitutional claims by courts at the state and national level and closely examines the way that courts and constitutions protect individual rights in a federal system.

Election campaigns ought to be serious occasions in the life of a democratic polity. For citizens of a democracy, an election is a time to take stock-to reexamine our beliefs; to review our understanding of our own interests; to ponder the place of those interests in the larger social order; and to contemplate, and if necessary to revise, our understanding of how our commitments are best translated into governmental policy-or so we profess to believe. Americans, however, are haunted by the fear that our election campaigns fall far short of the ideal to which we aspire. The typical modern American election campaign seems crass, shallow, and unengaging. The arena of our democratic politics seems to lie in an uncomfortable chasm between our political ideals and everyday reality. What Are Campaigns For? is a multidisciplinary work of legal scholarship that examines the role of legal institutions in constituting the disjunction between political ideal and reality. The book explores the contemporary American ideal of democratic citizenship in election campaigns by tracing it to its historical sources, documenting its thorough infiltration of legal norms, evaluating its feasibility in light of the findings of empirical social science, and testing it against the requirements of democratic theory.

New Frontiers of State Constitutional Law: Dual Enforcement of Norms projects a new vision for state constitutional law through a collection of essays that reflect a shift in legal thinking about the relationship between national and subnational systems of constitutional law. This book shatters the old image of American federalism as creating distinct systems of constitutional law. Instead, it shows how national and state constitutions and constitutional law are permanently and intimately linked.

Election campaigns ought to be serious occasions in the life of a democratic polity. For citizens of a democracy, an election is a time to take stock-to reexamine our beliefs; to review our understanding of our own interests; to ponder the place of those interests in the larger social order; and to contemplate, and if necessary to revise, our understanding of how our commitments are best translated into governmental policy-or so we profess to believe. Americans, however, are haunted by the fear that our election campaigns fall far short of the ideal to which we aspire. The typical modern American election campaign seems crass, shallow, and unengaging. The arena of our democratic politics seems to lie in an uncomfortable chasm between our political ideals and everyday reality. What Are Campaigns For? is a multidisciplinary work of legal scholarship that examines the role of legal institutions in constituting the disjunction between political ideal and reality. The book explores the contemporary American ideal of democratic citizenship in election campaigns by tracing it to its historical sources, documenting its thorough infiltration of legal norms, evaluating its feasibility in light of the findings of empirical social science, and testing it against the requirements of democratic theory.

Interpreting State Constitutions examines and proposes a solution to a problem central to contemporary debates over the enforcement of civil liberties: how courts, government officials, and lawyers should go about interpreting the constitutions of the American states. With the Supreme Court's retreat from the aggressive protection of individual rights, state courts have begun to interpret state constitutions to provide broader protection of liberties. This development has reversed the polarity of constitutional politics, as liberals advocate unimpeded state power while conservatives lobby for state subordination to a constitutional law controlled centrally by the Supreme Court. James A. Gardner here lays out the first fully developed theory of subnational constitutional interpretation. He argues that states are integral components of a national system of overlapping and mutually checking authority and that the purpose of this system is to protect liberty and defend against federal domination.The resulting account provides valuable prescriptive advice to state courts, showing them how to fulfill their responsibilities to the federal system in a way that strengthens American constitutional discourse.

Innovation, the conversion of the new to business as usual, is a very special business process. It is the business process able to reprogram all others. Creating the practices that make this process work is a key challenge for all in financial services that are worried about responding to the future. When an institution can identify things that are outside its present practices and convert them, production line style, into products, processes, cultural changes, or new markets, it will never be outpaced by internal or external change again. The institution becomes "FutureProof".

This is a book about those practices in banks. It explains, using examples from institutions around the world, what it takes to create an innovation culture that consistently introduces new things into undifferentiated markets and internal cultures. It shows how banks can leverage the power of the new to establish unexpected revenue lines, or make old ones grow. And it provides advice on the social and political factors that either help or hinder the germination of the new in banks. Moreover, though, this is a book about the science of innovation in a banking context. Drawing from practices already highly developed in financial services—managing portfolios of assets to mitigate risk—it explains how practitioners can run their innovations groups like any other business line in the bank one that delivers a return on investment predictably and at high multiples of internal cost of capital.

For leaders, Innovation and the Future Proof Bank provides the diagnostic tools to guide benchmarking and investment decisions for the innovation function. And for innovation practitioners, the book lays out everything needed to make sure that converting the new to business as usual is predictable, measurable, and profitable.

Innovation, the conversion of the new to business as usual, is a very special business process. It is the business process able to reprogram all others. Creating the practices that make this process work is a key challenge for all in financial services that are worried about responding to the future. When an institution can identify things that are outside its present practices and convert them, production line style, into products, processes, cultural changes, or new markets, it will never be outpaced by internal or external change again. The institution becomes "FutureProof".

This is a book about those practices in banks. It explains, using examples from institutions around the world, what it takes to create an innovation culture that consistently introduces new things into undifferentiated markets and internal cultures. It shows how banks can leverage the power of the new to establish unexpected revenue lines, or make old ones grow. And it provides advice on the social and political factors that either help or hinder the germination of the new in banks. Moreover, though, this is a book about the science of innovation in a banking context. Drawing from practices already highly developed in financial services—managing portfolios of assets to mitigate risk—it explains how practitioners can run their innovations groups like any other business line in the bank one that delivers a return on investment predictably and at high multiples of internal cost of capital.

For leaders, Innovation and the Future Proof Bank provides the diagnostic tools to guide benchmarking and investment decisions for the innovation function. And for innovation practitioners, the book lays out everything needed to make sure that converting the new to business as usual is predictable, measurable, and profitable.

This timely Research Handbook offers a systematic and comprehensive examination of the election laws of democratic nations. Through a study of a range of different regimes of election law, it illuminates the disparate choices that societies have made concerning the benefits they wish their democratic institutions to provide, the means by which such benefits are to be delivered, and the underlying values, commitments, and conceptions of democratic self-rule that inform these choices. Comparative Election Law features a wide scope of coverage, from distribution of the franchise, to candidate qualifications, to campaign speech and finance, to election administration, and more. Contributions from a range of expert scholars in the field are brought together to tackle difficult problems surrounding the definition of the democratic demos, as well as to lay bare important disjunctions between democratic ideals and feasible democratic regimes in practice. Furthermore, a comparative approach is also taken to examine democratic regimes at a theoretical as well as a descriptive level.Featuring key research in a vitally important area, this Research Handbook will be crucial reading for academics and students in a range of fields including comparative law, legal theory, political science, political theory and democracy. It will also be useful to politicians and government officials engaged in election regulation, due to its excellent perspective on the range of regulatory options and how to evaluate them.