American Constitutional Law

Essays, Cases, and Comparative Notes

Author: Donald P. Kommers,John E. Finn,Gary J. Jacobsohn

Publisher: Rowman & Littlefield Publishers

ISBN: 0742599833

Category: Law

Page: 350

View: 3202

American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics, including gerrymandering and campaign finance, the death penalty, privacy, affirmative action, and school segregation. The new edition offers: _ Updated and expanded treatment of key cases on gerrymandering and campaign finance _ Expanded discussion of the Court's work federalism and the commerce clause _ Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law _ An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages _ An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence _ Full coverage of new developments and cases concerning affirmative action and school desegregation
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American Constitutional Law

Essays, Cases, and Comparative Notes

Author: Donald P. Kommers,John E. Finn,Gary J. Jacobsohn

Publisher: Rowman & Littlefield Publishers

ISBN: 9780742563681

Category: Law

Page: 1149

View: 2056

American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics including, the death penalty, privacy, affirmative action, and school segregation. Volume 2 of this text focuses on civil rights and basic freedoms and includes separate chapters on race and gender.
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The Alchemists

Questioning our Faith in Courts as Democracy-Builders

Author: Tom Gerald Daly

Publisher: Cambridge University Press

ISBN: 1108285031

Category: Law

Page: N.A

View: 2041

Can courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.
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American Constitutional Law: Sources of Power and Restraint

Author: Otis Stephens, Jr.,John Scheb, II

Publisher: Cengage Learning

ISBN: 0495914894

Category: Political Science

Page: 448

View: 4722

AMERICAN CONSTITUTIONAL LAW, Volumes I and II, combines cases, decisions, and authorial commentary to make the texts a perfect instructional choice. These comprehensive volumes cover the entire range of topics in constitutional law. Each of the chapters includes an extended essay providing the legal, historical, political, and cultural contexts for the set of edited decisions from the United States Supreme Court case that follows. In selecting, editing, and updating the materials, the authors emphasize recent trends in major areas of constitutional interpretation. At the same time, the authors include many landmark decisions, some of which retain importance as precedents while others illustrate the transient nature of constitutional interpretation. Because the book provides a good balance of decisions and authorial commentary, this text appeals to instructors of law as well as instructors of political science. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
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American Constitutional Law

Essays, Cases, and Comparative Notes

Author: Donald P. Kommers,John E. Finn,Gary J. Jacobsohn

Publisher: Rowman & Littlefield

ISBN: 9780742526938

Category: Law

Page: 1095

View: 2424

Discusses the history of the ongoing conflict between Israel and Palestine, the involvement of the United States in the peace process, and the changing face of terrorism in the twenty-first century.
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Reconsidering the Insular Cases

The Past and Future of the American Empire

Author: Gerald L. Neuman,Tomiko Brown-Nagin

Publisher: Harvard University Press

ISBN: 0979639573

Category: History

Page: 216

View: 7841

Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.
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Assessing Constitutional Performance

Author: Tom Ginsburg,Aziz Huq

Publisher: Cambridge University Press

ISBN: 1316712575

Category: Law

Page: N.A

View: 5836

From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.
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Promises to Keep

African-Americans and the Constitutional Order, 1776 to the Present

Author: Donald G. Nieman

Publisher: Oxford University Press, USA

ISBN: 9780195055610

Category: Law

Page: 275

View: 3117

African-Americans have had an ambivalent relationship with the Constitution for more than two hundred years. Throughout most of American history, racist interpretations of the Constitution have sanctioned a legal system supportive of slavery, marked blacks as inferiors, rendered them politically powerless, and denied them justice and access to society's resources. Yet both black and white opponents of slavery and racial subordination--from antebellum abolitionists to twentieth-century civil rights leaders--have found principles in the Constitution that support their demands for freedom, citizenship, and equality. In Promises to Keep, Donald G. Nieman tells the story of this paradoxical relationship, tracing it from the birth of the Republic to current battles over school segregation, voting rights, and affirmative action. While Nieman examines the devastating effects of constitutionally sanctioned racism on the lives of African-Americans, he also shows how blacks and their white allies have been active agents of constitutional change since the early nineteenth century, forging an egalitarian constitutionalism and using it to press a reluctant nation to honor its long-deferred promise of equality. Compact, lively, and readable, Promises to Keep illuminates the past and offers a fresh perspective on the current debate over civil rights, showing how it too often ignores the tragic history of law and race in America. This is the first volume of Bicentennial Essays on the Bill of Rights, an important series co-sponsored by the Organization of American Historians and Oxford University Press, under the general editorship of Kermit L. Hall.
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American Constitutional Law

Governmental Powers and Democracy

Author: Donald Kommers,John Finn,Gary Jacobsohn,George Thomas,Justin Dyer

Publisher: West Academic Publishing

ISBN: 9781683289036

Category:

Page: 993

View: 3625

American Constitutional Law, Volume 1: Government Powers and Democracy is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as in invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics that have been addressed by the Supreme Court in recent years.
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Processes of Constitutional Decisionmaking

Cases and Materials

Author: Paul Brest,Sanford Levinson,Jack M. Balkin,Akhil Reed Amar,Reva B. Siegel

Publisher: Wolters Kluwer Law & Business

ISBN: 1454887494

Category: Law

Page: 1856

View: 7548

In Processes of Constitutional Decisionmaking, an extraordinary team of authors traces the historical, political, and social development of constitutional law. Students will consider constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. This book has been updated to include all new developments in the field, and delivers strong chapters on the constitutional treatment of sex equality, race, civil rights, separation of powers, and federalism. Key Features: Coverage of recent cases and materials including: Obergefell v. Hodges - Same-Sex Marriage Whole Woman’s Health v. Hellerstedt – Abortion Regulation Zivotofsky v. Kerry – Presidential Power Fisher v. University of Texas – Affirmative Action New Discussion of Cooperative Federalism Sessions v. Morales–Santana – Sex Equality
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Progressive Constitutionalism

Reconstructing the Fourteenth Amendment

Author: Robin West

Publisher: Duke University Press

ISBN: 9780822315254

Category: Political Science

Page: 359

View: 7242

The Fourteenth Amendment guarantees all citizens equal protection under the law as well as immunity from laws that deprive them of life, liberty, or property without due process of law. In Progressive Constitutionalism, Robin West develops an interpretation of this amendment that contrasts with the views, conservative and liberal, of the Rehnquist, Burger, and Warren Courts, and with the radical "antisubordinationist" account provided by the critical legal studies movement and many prominent feminist and critical race theorists. Her interpretation consists of a "substantive" argument regarding the Amendment's core meaning, and a jurisprudential argument regarding the role of the courts and Congress in fulfilling the Amendment's progressive promise. West shows how the "equal protection" clause, far from insulating the private spheres of culture, market, and home life, as is commonly held, directly targets abuses of power within those spheres. She develops a number of arguments for the modern relevance of this understanding, from the failure of the state to provide equal protection against private domestic violence, permitting a "private sovereignty" of patriarchal power within the home, to the the state's failure to provide equal protection against material deprivation, allowing "private sovereignty" between economically privileged and desperate people in private markets. West's argument extends to the "liberty" prong of the due process clause, seen here as a protection of the positive, not negative, liberty of citizens, covering rights in such typically controversial areas as welfare, education, and domestic safety. This interpretation recasts a number of contemporary constitutional issues, such as affirmative action and hate speech, and points to very different problems—notably private, unchecked criminal violence and extreme economic deprivation—as the central constitutional dilemmas of our day. Progressive Constitutionalism urges a substantive, institutional, and jurisprudential reorientation of our understanding of the Fourteenth Amendment, one that would necessarily be pursued through Congressional rather than judicial channels. In doing so, with attention to history and both feminist and critical race scholarship, it should reinvigorate our politics and our constitutional conversations—and, perhaps, point us toward a more just society.
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Comparative Constitutional Design

Author: Tom Ginsburg

Publisher: Cambridge University Press

ISBN: 1107020565

Category: Law

Page: 393

View: 4449

This volume brings together essays by leading scholars of comparative constitutional design from myriad disciplinary perspectives. The authors collectively assess what we know - and don't know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes, and many other issues. Bringing together positive and normative analysis, it provides the state of the art in a field of growing theoretical and practical importance.
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The Method and Culture of Comparative Law

Essays in Honour of Mark Van Hoecke

Author: Maurice Adams,Dirk Heirbaut

Publisher: Bloomsbury Publishing

ISBN: 1782254927

Category: Law

Page: 328

View: 8520

Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That however does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law. With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.
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The Oxford Companion to the Supreme Court of the United States

Author: Kermit L. Hall,James W. Ely,Joel B. Grossman

Publisher: Oxford University Press on Demand

ISBN: 0195176618

Category: Law

Page: 1239

View: 6489

The second edition of this authoritative guide on the impact of the Supreme Court's decisions on American society includes updated entries on key cases over the past thirteen years, as well as a fully revised treatment of areas of constitutional law.
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The Oxford Handbook of Comparative Constitutional Law

Author: Michel Rosenfeld,András Sajó

Publisher: OUP Oxford

ISBN: 0191640174

Category: Law

Page: 1416

View: 6180

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the Oxford Handbook of Comparative Constitutional Law will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
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The Migration of Constitutional Ideas

Author: Sujit Choudhry

Publisher: Cambridge University Press

ISBN: 9781139460774

Category: Law

Page: N.A

View: 3784

The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is discussed from a variety of methodological perspectives - comparative law, comparative politics, and cultural studies of law - and contributors draw on case-studies from a wide variety of jurisdictions: Australia, Hungary, India, South Africa, the United Kingdom, the United States, and Canada.
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