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Many hoped or feared that Antonin Scalia's appointment to the Supreme Court in 1986 would guarantee a conservative counter-revolution that would reverse the liberal jurisprudence of the Supreme Court under Chief Justice Earl Warren and which was continued to some extent under the Burger Court though the influence of Justice ...
The Conservative Revolution of Antonin Scalia
Many hoped or feared that Antonin Scalia's appointment to the Supreme Court in 1986 would guarantee a conservative counter-revolution that would reverse the liberal jurisprudence of the Supreme Court under Chief Justice Earl Warren and which was continued to some extent under the Burger Court though the influence of Justice William Brennan. In addition, President Reagan described Scalia's nomination as part of a project to remake the role of the Court, promote an interpretive approach of originalism, and shift authority and discretion to the States. Yet by the time of his death in 2016 it was unclear to what extent Scalia had effected the legal, institutional, or political revolutions that had been anticipated. While the Court did move to the right doctrinally, and reversed or modified many Vinson-Warren-Burger precedents, Scalia's influence on constitutional jurisprudence turned out to be far less than it could have been, and his ability to persuade other Justices to adopt his legal views-both substantively and methodologically-was less than many mainstream media accounts recognize. Scalia's institutional and political legacies are similarly complex: he was neither as transformative a figure as some of his allies might have hoped nor so unimportant as some of his detractors might have wished. The fact that his death and the controversy surrounding his replacement is so intense speaks to the fragile legacy that Scalia really has had on the Supreme Court after 30 years. This book will assess Scalia's legacy in an edited volume that assembles leading legal and political science scholars who will evaluate his impact across a range of jurisprudential, institutional, and political issues.
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126.000000 USD
Hardback
Book cover image
The First Amendment rights of lawyers are ethereal. Most lawyers fail to realize that courts may deny them access to the First Amendment's protective shield in many regulatory and disciplinary contexts. Overall, attorneys cannot and should not assume that they can obtain First Amendment protection - especially when acting as ...
Voice of Justice: Reclaiming the First Amendment Rights of Lawyers
The First Amendment rights of lawyers are ethereal. Most lawyers fail to realize that courts may deny them access to the First Amendment's protective shield in many regulatory and disciplinary contexts. Overall, attorneys cannot and should not assume that they can obtain First Amendment protection - especially when acting as an attorney in their role as an 'officer of the court'. Yet, it is precisely in the lawyering context - where attorneys engage in speech, association, and petitioning for the very purpose of securing client rights, invoking law, enabling the judicial power, and obtaining justice - that the need for First Amendment protection is the most acute. If regulators silence that voice, they silence justice. From overarching theory to specific real-world contexts, this illuminating book provides a critical resource for lawyers, judges, and scholars to understand the relationship between the First Amendment rights of lawyers and the integrity of the justice system.
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41.990000 USD

Voice of Justice: Reclaiming the First Amendment Rights of Lawyers

by Margaret Tarkington
Paperback / softback
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I don't think there is anyone in the academy these days capable of more patient and attentive reading of the constitutional text than Akhil Amar. --Jeremy Waldron, New York Review of Books In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested ...
The Constitution Today: Timeless Lessons for the Issues of Our Era
I don't think there is anyone in the academy these days capable of more patient and attentive reading of the constitutional text than Akhil Amar. --Jeremy Waldron, New York Review of Books In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades and provides a passionate handbook for thinking constitutionally about today's headlines. Amar shows how the Constitution's text, history, and structure are crucial repositories of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic. Prioritizing sound constitutional reasoning over partisan preferences, Amar makes the case for diversity-based affirmative action and a right to have a gun in one's home for self-defense, and the case against spending caps on independent political advertising and bans on same-sex marriage. He explains what's wrong with presidential dynasties, advocates a nuclear option to restore majority rule in the Senate, and suggests ways to reform the Supreme Court. And he revisits three dramatic constitutional conflicts--the impeachment of Bill Clinton, the contested election of George W. Bush, and the fight over Barack Obama's Affordable Care Act. Leading readers through the questions at stake in each episode while outlining his abiding views regarding the Constitution's letter, its spirit, and the direction constitutional law must go, Amar offers an essential guide for anyone seeking to understand America's Constitution and its relevance today.
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19.940000 USD

The Constitution Today: Timeless Lessons for the Issues of Our Era

by Akhil Reed Amar
Paperback / softback
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The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law ...
Self-Determination, International Law and Post-Conflict Reconstruction: A Right in Abeyance
The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.
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196.22 USD

Self-Determination, International Law and Post-Conflict Reconstruction: A Right in Abeyance

by Manuela Melandri
Hardback
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The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that ...
Equality under the Constitution: Reclaiming the Fourteenth Amendment
The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled-that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution's Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment's ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.
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10.450000 USD

Equality under the Constitution: Reclaiming the Fourteenth Amendment

by Judith A. Baer
Paperback / softback
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This book charts the writing of the English constitution through the work of four of the most influential jurists in the history of English constitutional thought-Edmund Burke, Thomas Babington Macaulay, Walter Bagehot and Albert Venn Dicey. Stretching from the French Revolution to the death of Queen Victoria, their writing is ...
Writing the Victorian Constitution
This book charts the writing of the English constitution through the work of four of the most influential jurists in the history of English constitutional thought-Edmund Burke, Thomas Babington Macaulay, Walter Bagehot and Albert Venn Dicey. Stretching from the French Revolution to the death of Queen Victoria, their writing is both representative of and formative to the Victorian constitution. Ian Ward traces how constitutional writing changed over the course of the long nineteenth century, from the poetics of Burke and the romance of Macaulay, to the pragmatism of Bagehot and the jurisprudence of Dicey. A century on, our perception of the English constitution is still shaped by this contested history.
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78.740000 USD

Writing the Victorian Constitution

by Ian Ward
Hardback
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Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights. Judicial review of legislation can ...
Comparative Constitutional Law and Policy: Judicial Review in Norway : A Bicentennial Debate
Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights. Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.
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115.500000 USD

Comparative Constitutional Law and Policy: Judicial Review in Norway : A Bicentennial Debate

by Anine Kierulf
Hardback
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For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation's history. Now a veteran team of talented historians-including the editors of the acclaimed Landmark Law Cases and American Society series-have updated the most readable, astute single-volume history of this ...
The Supreme Court: An Essential History
For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation's history. Now a veteran team of talented historians-including the editors of the acclaimed Landmark Law Cases and American Society series-have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court. The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded-or failed to respond-to the plight of the underdog. Each chapter covers the Court's years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how-in times of war, class strife, or moral revolution-the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court's opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them. Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court's role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.
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63.000000 USD

The Supreme Court: An Essential History

by N.E.H. Hull, Williamjames Hull Hoffer, Peter Charles Hoffer
Hardback
Book cover image
The First Amendment rights of lawyers are ethereal. Most lawyers fail to realize that courts may deny them access to the First Amendment's protective shield in many regulatory and disciplinary contexts. Overall, attorneys cannot and should not assume that they can obtain First Amendment protection - especially when acting as ...
Voice of Justice: Reclaiming the First Amendment Rights of Lawyers
The First Amendment rights of lawyers are ethereal. Most lawyers fail to realize that courts may deny them access to the First Amendment's protective shield in many regulatory and disciplinary contexts. Overall, attorneys cannot and should not assume that they can obtain First Amendment protection - especially when acting as an attorney in their role as an 'officer of the court'. Yet, it is precisely in the lawyering context - where attorneys engage in speech, association, and petitioning for the very purpose of securing client rights, invoking law, enabling the judicial power, and obtaining justice - that the need for First Amendment protection is the most acute. If regulators silence that voice, they silence justice. From overarching theory to specific real-world contexts, this illuminating book provides a critical resource for lawyers, judges, and scholars to understand the relationship between the First Amendment rights of lawyers and the integrity of the justice system.
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104.990000 USD

Voice of Justice: Reclaiming the First Amendment Rights of Lawyers

by Margaret Tarkington
Hardback
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Constitutional and administrative law (public law) is an essential element of all law degrees. Unlocking Constitutional and Administrative Law will ensure that you grasp the main concepts with ease, while giving you an indispensable foundation in the subject. This revised fourth edition is fully up to date with the latest ...
Unlocking Constitutional and Administrative Law
Constitutional and administrative law (public law) is an essential element of all law degrees. Unlocking Constitutional and Administrative Law will ensure that you grasp the main concepts with ease, while giving you an indispensable foundation in the subject. This revised fourth edition is fully up to date with the latest key changes in the law and constitutional developments. The UNLOCKING THE LAW series is designed specifically to make the law accessible. Each chapter contains: aims and objectives; activities such as self-test questions; charts of key facts to consolidate your knowledge; diagrams to aid memory and understanding; prominently displayed cases and judgments; chapter summaries; a glossary of legal terminology; essay questions with answer plans. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units.
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54.59 USD

Unlocking Constitutional and Administrative Law

by Steve Foster, Mark Ryan
Paperback / softback
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Can the president launch a nuclear attack without congressional approval? Is it ever a crime to criticize the president? Can states legally resist a president's executive order? In today's fraught political climate, it often seems as if we must become constitutional law scholars just to understand the news from Washington, ...
The Oath and the Office: A Guide to the Constitution for Future Presidents
Can the president launch a nuclear attack without congressional approval? Is it ever a crime to criticize the president? Can states legally resist a president's executive order? In today's fraught political climate, it often seems as if we must become constitutional law scholars just to understand the news from Washington, let alone make a responsible decision at the polls. The Oath and the Office is the book we need, right now and into the future, whether we are voting for or running to become president of the United States. Constitutional law scholar and political science professor Corey Brettschneider guides us through the Constitution and explains the powers-and limits-that it places on the presidency. From the document itself and from American history's most famous court cases, we learn why certain powers were granted to the presidency, how the Bill of Rights limits those powers, and what we the people can do to influence the nation's highest public office-including, if need be, removing the person in it. In these brief yet deeply researched chapters, we meet founding fathers such as James Madison and Alexander Hamilton, as well as key figures from historic cases such as Brown v. Board of Education and Korematsu v. United States. Brettschneider breathes new life into the articles and amendments that we once read about in high school civics class, but that have real impact on our lives today. The Oath and the Office offers a compact, comprehensive tour of the Constitution, and empowers all readers, voters, and future presidents with the knowledge and confidence to read and understand one of our nation's most important founding documents.
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24.100000 USD

The Oath and the Office: A Guide to the Constitution for Future Presidents

by Corey Brettschneider
Hardback
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A new interpretation of the Holy Roman Empire that reveals why it was not a failed state as many historians believe The Holy Roman Empire emerged in the Middle Ages as a loosely integrated union of German states and city-states under the supreme rule of an emperor. Around 1500, it ...
The Holy Roman Empire: A Short History
A new interpretation of the Holy Roman Empire that reveals why it was not a failed state as many historians believe The Holy Roman Empire emerged in the Middle Ages as a loosely integrated union of German states and city-states under the supreme rule of an emperor. Around 1500, it took on a more formal structure with the establishment of powerful institutions--such as the Reichstag and Imperial Chamber Court--that would endure more or less intact until the empire's dissolution by Napoleon in 1806. Barbara Stollberg-Rilinger provides a concise history of the Holy Roman Empire, presenting an entirely new interpretation of the empire's political culture and remarkably durable institutions. Rather than comparing the empire to modern states or associations like the European Union, Stollberg-Rilinger shows how it was a political body unlike any other--it had no standing army, no clear boundaries, no general taxation or bureaucracy. She describes a heterogeneous association based on tradition and shared purpose, bound together by personal loyalty and reciprocity, and constantly reenacted by solemn rituals. In a narrative spanning three turbulent centuries, she takes readers from the reform era at the dawn of the sixteenth century to the crisis of the Reformation, from the consolidation of the Peace of Augsburg to the destructive fury of the Thirty Years' War, from the conflict between Austria and Prussia to the empire's downfall in the age of the French Revolution. Authoritative and accessible, The Holy Roman Empire is an incomparable introduction to this momentous period in the history of Europe.
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34.12 USD

The Holy Roman Empire: A Short History

by Barbara Stollberg-Rilinger
Hardback
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This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from ...
Religious Freedom and the Law: Emerging Contexts for Freedom for and from Religion
This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.
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196.22 USD

Religious Freedom and the Law: Emerging Contexts for Freedom for and from Religion

Hardback
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On the 11th of March 2011, an earthquake registering 9.0 on the Richter scale (the most powerful to ever strike Japan) hit the Tohoku region in northern Japan. The earthquake produced a devastating tsunami that wiped out coastal cities and towns, leaving 18,561 people dead or registered as missing. Due ...
Law and Disaster: Earthquake, Tsunami and Nuclear Meltdown in Japan
On the 11th of March 2011, an earthquake registering 9.0 on the Richter scale (the most powerful to ever strike Japan) hit the Tohoku region in northern Japan. The earthquake produced a devastating tsunami that wiped out coastal cities and towns, leaving 18,561 people dead or registered as missing. Due to the disaster, the capability of the Fukushima Nuclear Power Plant, operated by Tokyo Electric Power Company (TEPCO), was compromised, causing nuclear meltdown. The hydrogen blast destroyed the facilities, resulting in a spread of radioactive materials, and, subsequently, serious nuclear contamination. This combined event - earthquake, tsunami, and nuclear meltdown - became known as the Great East Japan Earthquake Disaster. This book examines the response of the Japanese government to the disaster, and its attempts to answer the legal questions posed by the combination of earthquake, tsunami, and nuclear meltdown. Japanese law, policy, and infrastructure were insufficiently prepared for these disasters, and the country's weaknesses were brutally exposed. This book analyses these failings, and discusses what Japan, and other countries, can learn from these events.
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196.22 USD

Law and Disaster: Earthquake, Tsunami and Nuclear Meltdown in Japan

by Shigenori Matsui
Hardback
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How was the vast ancient Chinese empire brought together and effectively ruled? What are the historical origins of the resilience of contemporary China's political system? In The Constitution of Ancient China, Su Li, China's most influential legal theorist, examines the ways in which a series of fundamental institutions, rather than ...
The Constitution of Ancient China
How was the vast ancient Chinese empire brought together and effectively ruled? What are the historical origins of the resilience of contemporary China's political system? In The Constitution of Ancient China, Su Li, China's most influential legal theorist, examines the ways in which a series of fundamental institutions, rather than a supreme legal code upholding the laws of the land, evolved and coalesced into an effective constitution. Arguing that a constitution is an institutional response to a set of issues particular to a specific society, Su Li demonstrates how China unified a vast territory, diverse cultures, and elites from different backgrounds into a whole. He delves into such areas as uniform weights and measurements, the standardization of Chinese characters, and the building of the Great Wall. The book includes commentaries by four leading Chinese scholars in law, philosophy, and intellectual history--Wang Hui, Liu Han, Wu Fei, and Zhao Xiaoli--who share Su Li's ambition to explain the resilience of ancient China's political system but who contend that he overstates functionalist dimensions while downplaying the symbolic. Exploring why China has endured as one political entity for over two thousand years, The Constitution of Ancient China will be essential reading for anyone interested in understanding the institutional legacy of the Chinese empire.
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51.19 USD

The Constitution of Ancient China

by Su Su Li
Hardback
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On the campaign trail, Barack Obama spoke often about his constitutional principles. In particular, he objected to George W. Bush's claim to certain inherent presidential powers that could not be checked by Congress or the judiciary. After his inauguration, how did President Obama's constitutional principles fare? That is the question ...
President Obama: Constitutional Aspirations and Executive Actions
On the campaign trail, Barack Obama spoke often about his constitutional principles. In particular, he objected to George W. Bush's claim to certain inherent presidential powers that could not be checked by Congress or the judiciary. After his inauguration, how did President Obama's constitutional principles fare? That is the question Louis Fisher explores in this book, a disturbing and timely study of the tension between constitutional aspirations and executive actions in the American presidency. A constitutional scholar, Fisher views Obama's two terms within the context of other presidencies, and in light of the principles set forth by the Framers. His work reveals how the basic system of checks and balances has been substantially altered by Supreme Court decisions, military initiatives, and scholarship promoting the power of the president-and by presidents progressively more inclined to wield that power. In this analysis we see the steps by which Obama, himself an expert on the Constitution, came to press his agenda more and more aggressively through executive actions: on climate change, renewable energy, the auto industry bail-out, education initiatives, and financial reform. Rather than focus on policy, Fisher examines the politics and practical concerns that drive executive overreach, as well as the impact of such expanded powers on bipartisan support, public understanding, and finally, the functioning of government. A fair but critical assessment of Obama's executive performance and legacy, this sobering book documents the erosion of constitutional principles that prepared the way for the presidency of Donald Trump.
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26.200000 USD

President Obama: Constitutional Aspirations and Executive Actions

by Louis Fisher
Paperback / softback
Book cover image
For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation's history. Now a veteran team of talented historians-including the editors of the acclaimed Landmark Law Cases and American Society series-have updated the most readable, astute single-volume history of this ...
The Supreme Court: An Essential History
For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation's history. Now a veteran team of talented historians-including the editors of the acclaimed Landmark Law Cases and American Society series-have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court. The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded-or failed to respond-to the plight of the underdog. Each chapter covers the Court's years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how-in times of war, class strife, or moral revolution-the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court's opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them. Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court's role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.
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31.450000 USD

The Supreme Court: An Essential History

by N.E.H. Hull, Williamjames Hull Hoffer, Peter Charles Hoffer
Paperback / softback
Book cover image
The third edition of Contemporary Regulatory Policy brings this classic text completely up to date - reflecting more than a decade of policy changes and including an entirely new chapter on food safety regulation. Beyond their focus on seven key policy arenas, the authors confront the broad problems of partisan ...
Contemporary Regulatory Policy
The third edition of Contemporary Regulatory Policy brings this classic text completely up to date - reflecting more than a decade of policy changes and including an entirely new chapter on food safety regulation. Beyond their focus on seven key policy arenas, the authors confront the broad problems of partisan polarization and congressional gridlock. They also consider the significance of unilateral policy actions by President Obama and how these initiatives may be vulnerable to change under President Trump. Recognizing that no single theory can sufficiently explain regulatory politics, they offer a comprehensive set of tools for understanding the world of regulatory policy today.
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65.69 USD

Contemporary Regulatory Policy

by Franchesca Nestor, Evan J. Ringquist, Jeff Worsham, Marc Allen Eisner
Paperback / softback
Book cover image
Lauded for bringing a bracing and much-needed dose of reality about the Founders' views of sexuality (New York Review of Books), Geoffrey R. Stone's Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America's earliest days to today's fractious political climate. ...
Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century
Lauded for bringing a bracing and much-needed dose of reality about the Founders' views of sexuality (New York Review of Books), Geoffrey R. Stone's Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America's earliest days to today's fractious political climate. This fascinating and maddening (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this commanding synthesis of scholarship (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.
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23.050000 USD

Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century

by Geoffrey R. Stone
Paperback / softback
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The fourth edition of the casebook, which is suitable either for a one- or two-semester course, strives to make constitutional law easily teachable and readily accessible for students. The authors have selected the cases very carefully and provided extensive excerpts of the opinions so that students get a good sense ...
Constitutional Law: A Contemporary Approach
The fourth edition of the casebook, which is suitable either for a one- or two-semester course, strives to make constitutional law easily teachable and readily accessible for students. The authors have selected the cases very carefully and provided extensive excerpts of the opinions so that students get a good sense of the Court's reasoning. Text boxes call the students' attention to important aspects of each opinion, and the book is filled with introductions, points for discussion, hypotheticals, and executive summaries. The authors present a diversity of views on every subject, and, reflecting some of their own disagreements, the authors have written point-counterpoint discussions on many disputed questions.
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447.30 USD

Constitutional Law: A Contemporary Approach

by Peter Smith, Gregory Maggs
Hardback
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This book presents a comprehensive investigation of the notion of obligation in Bentham's thought. For Bentham, obligation is a fictitious - namely linguistic - entity, whose import and truth lie in empirical perceptions of pain and pleasure, `real' entities. This work explores Bentham's fictionalism, and aims to identify the general ...
Philosophy, Obligation and the Law: Bentham's Ontology of Normativity
This book presents a comprehensive investigation of the notion of obligation in Bentham's thought. For Bentham, obligation is a fictitious - namely linguistic - entity, whose import and truth lie in empirical perceptions of pain and pleasure, `real' entities. This work explores Bentham's fictionalism, and aims to identify the general features that ethical fictitious entities (including obligation) share with other kinds of fictitious entities. The book is divided into two parts: the first examines the ontological and epistemological foundations of Bentham's distinction between real and fictitious entities; the second part addresses the normative and motivational aspects of moral and legal notions. This book reveals the centrality of the following issues to Bentham's legal reform: logic, theory of language, physics, metaphysics, metaethics, axiology, moral psychology, the structure of practical reasoning and action with reference to the law.
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196.22 USD

Philosophy, Obligation and the Law: Bentham's Ontology of Normativity

by Piero Tarantino
Hardback
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This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of States Parties under the CRPD and other international ...
International Disability Law: A Practical Approach to the United Nations Convention on the Rights of Persons with Disabilities
This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of States Parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted. The author also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decisionmakers, academics, legal practitioners, law students, persons with disabilities and their representative organisations, human rights activists and general readers.
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51.18 USD

International Disability Law: A Practical Approach to the United Nations Convention on the Rights of Persons with Disabilities

by Coomara Pyaneandee
Paperback / softback
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This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law ...
The Chinese Road of the Rule of Law
This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author's strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.
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187.950000 USD

The Chinese Road of the Rule of Law

by Lin Li
Hardback
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When judges disagree, those in the minority write a dissenting opinion. This book considers the great dissents in Australian law. Their worth may derive from numerous factors, including their rhetorical force as a piece of legal reasoning or emotive power as a judicial lament for the 'error' into which the ...
Great Australian Dissents
When judges disagree, those in the minority write a dissenting opinion. This book considers the great dissents in Australian law. Their worth may derive from numerous factors, including their rhetorical force as a piece of legal reasoning or emotive power as a judicial lament for the 'error' into which the majority has fallen; the general importance of the issue at stake; as a challenge to the orthodoxy; and, sometimes, the subsequent recognition of a dissenting opinion's correctness and its ultimate vindication. On some occasions, all these features may be strongly present, on others only some. Through a diverse selection of memorable dissenting opinions, this book illuminates the topic of judicial disagreement more generally - not only through examples of instances when minority opinions have been distinctly valuable, but by drawing out a richer understanding of the attributes and circumstances which lead some dissents to become iconic, while so many lie forgotten.
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41.990000 USD

Great Australian Dissents

Paperback / softback
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This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress (ANC) government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. ...
Cambridge Studies in Constitutional Law: Series Number 16: Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa
This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress (ANC) government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.
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44.090000 USD

Cambridge Studies in Constitutional Law: Series Number 16: Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa

by James Fowkes
Paperback / softback
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This open access book can be downloaded from link.springer.com Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional ...
Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution
This open access book can be downloaded from link.springer.com Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be `believed' by the subjects and the political elites. Such a communicative orientation of constitutional processes became palpable in the `religious' affinities of the constitutional preambles. They were held as `creeds' of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents' big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the `renaissance' of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cadiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu)
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62.990000 USD

Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution

Paperback / softback
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This book uses primary sources to closely examine the Equal Protection Clause of the Fourteenth Amendment and to show how legal interpretations of it have had a profound impact on American life as we know it. * Illuminates the significance of formative primary documents through annotations * Includes primary documents ...
Equal Protection: Documents Decoded
This book uses primary sources to closely examine the Equal Protection Clause of the Fourteenth Amendment and to show how legal interpretations of it have had a profound impact on American life as we know it. * Illuminates the significance of formative primary documents through annotations * Includes primary documents ranging from Supreme Court decisions to presidential speeches * Chronologically organizes important events in the history and development of the Equal Protection Clause in a timeline * Provides a bibliography of valuable resources for further study of the Fourteenth Amendment and the Equal Protection Clause
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85.050000 USD

Equal Protection: Documents Decoded

by David L. Hudson
Hardback
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This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal ...
Reconsidering Constitutional Formation II Decisive Constitutional Normativity: From Old Liberties to New Precedence
This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this `new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien regime. In fact, while the shift to constitutions as a hierarchically `higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyes' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the `constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)
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62.990000 USD

Reconsidering Constitutional Formation II Decisive Constitutional Normativity: From Old Liberties to New Precedence

Hardback
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In every era of communications technology - whether print, radio, television, or Internet - some form of government censorship follows to regulate the medium and its messages. Today we are seeing the phenomenon of 'machine speech' enhanced by the development of sophisticated artificial intelligence. Ronald K. L. Collins and David ...
Robotica: Speech Rights and Artificial Intelligence
In every era of communications technology - whether print, radio, television, or Internet - some form of government censorship follows to regulate the medium and its messages. Today we are seeing the phenomenon of 'machine speech' enhanced by the development of sophisticated artificial intelligence. Ronald K. L. Collins and David M. Skover argue that the First Amendment must provide defenses and justifications for covering and protecting robotic expression. It is irrelevant that a robot is not human and cannot have intentions; what matters is that a human experiences robotic speech as meaningful. This is the constitutional recognition of 'intentionless free speech' at the interface of the robot and receiver. Robotica is the first book to develop the legal arguments for these purposes. Aimed at law and communication scholars, lawyers, and free speech activists, this work explores important new problems and solutions at the interface of law and technology.
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110.89 USD

Robotica: Speech Rights and Artificial Intelligence

by David M Skover, Ronald K. L. Collins
Hardback
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This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime ...
Religious Rules, State Law, and Normative Pluralism - A Comparative Overview
This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.
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167.990000 USD

Religious Rules, State Law, and Normative Pluralism - A Comparative Overview

Paperback / softback
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