03919nam 2200661 450 991045334480332120200520144314.00-674-72736-30-674-72626-X10.4159/harvard.9780674726260(CKB)2550000001140820(EBL)3301343(SSID)ssj0000941165(PQKBManifestationID)12451176(PQKBTitleCode)TC0000941165(PQKBWorkID)10956178(PQKB)11261778(MiAaPQ)EBC3301343(DE-B1597)209629(OCoLC)861200180(OCoLC)979622399(DE-B1597)9780674726260(Au-PeEL)EBL3301343(CaPaEBR)ebr10782448(EXLCZ)99255000000114082020130225d2013 uy| 0engur|n|---|||||txtccrOriginalism and the good constitution /John O. McGinnis, Michael B. RappaportCambridge, Massachusetts :Harvard University Press,2013.1 online resource (312 p.)Description based upon print version of record.0-674-72507-7 Includes bibliographical references and index.Originalism : Its Discontents and the Supermajoritarian Solution -- The Nature of the Argument -- The Supermajoritarian Theory of Constitutionalism -- The Compliance of the US Constitution with Desirable Supermajority Rules -- The Continuing Desirability of an Old Supermajoritarian Constitution -- Supermajoritarian Failure, Including the Exclusion of African Americans and Women -- Original Methods Originalism -- Original Methods versus Constitutional Construction -- Precedent, Originalism, and the Constitution -- The Normative Theory of Precedent -- Imagining an Originalist Future.Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.Constitutional lawUnited StatesConstitutional lawPhilosophyOrigin (Philosophy)Judicial reviewUnited StatesElectronic books.Constitutional lawConstitutional lawPhilosophy.Origin (Philosophy)Judicial review342.73/0011McGinnis John O.1957-1029588Rappaport Michael B.1960-1043512MiAaPQMiAaPQMiAaPQBOOK9910453344803321Originalism and the good constitution2468533UNINA03878nam 2200745z- 450 991055774700332120231214133652.0(CKB)5400000000045872(oapen)https://directory.doabooks.org/handle/20.500.12854/76824(EXLCZ)99540000000004587220202201d2021 |y 0engurmn|---annantxtrdacontentcrdamediacrrdacarrierNatural and Artificial Unsaturated Soil SlopesBasel, SwitzerlandMDPI - Multidisciplinary Digital Publishing Institute20211 electronic resource (122 p.)3-0365-1876-2 3-0365-1875-4 Mechanical and hydraulic soil properties are strongly affected by the degree of saturation, with important consequences for earthen embankments, soil–vegetation–atmosphere interactions, geoenvironmental applications, and risk mitigation. The presence of sloping ground surfaces is common. In slightly inclined natural slopes, susceptible to deep landslides, the unsaturated condition of shallow soil horizons affects deep pore water pressures and, therefore, global stability. The stability of steep mountains covered by shallow deposits is often guaranteed by a shear strength contribution related to the unsaturated condition. In this case, the degree of saturation plays a key role in determining which rainfall events can act as landslide triggers, consequently controlling the post-failure evolution. Partial saturation is the basic characteristic of soils used as construction materials of geo-structures such as levees, dikes, and dams. It governs the structure behavior during construction phases, in serviceability, and in extreme scenarios. Hoping to provide a bridge between theoretical research and practical applications, this Special Issue collects quality contributions related to natural and artificial slopes under unsaturated conditions, focusing on aspects such as: water retention and transport properties, mechanical behavior, advances in experimental methods, laboratory and in situ characterization, field monitoring, geotechnical and geophysical field tests, landslide investigation and prevention, the design and maintenance of engineered slopes, and the constitutive and numerical modeling of hydro-mechanical behavior.Technology: general issuesbicssclandslidesoil slideLAMPsoil water contentsoil moisturemonitoringcalibrationinstallationrainfalldebris flowin situ characterizationtriaxial testsunsaturated conditionsunsaturated slopeRuedlingen field experimentlateral resistancelimit equilibrium solutionriverbankunsaturated soilswater retention curveunsaturated permeability curvetransient seepageslope stabilitypyroclastic soilsinfiltrationcapillary barriersstability analysiswater retentionsuctionsilty sandscommercial experimental techniquesTechnology: general issuesVassallo Robertoedt1324796Comegna LucaedtValentino RobertoedtVassallo RobertoothComegna LucaothValentino RobertoothBOOK9910557747003321Natural and Artificial Unsaturated Soil Slopes3036311UNINA