University of Chicago Law Review Volume 81 Number 3 Summer 2014

University of Chicago Law Review  Volume 81  Number 3   Summer 2014

See Michael Stokes Paulsen, Does the Constitution Prescribe Rules for Its Own Interpretation ?, 103 Nw U L Rev 857, 858 (2009). 2 Akhil Reed Amar, America's Constitution: A Biography (Random House 2005). 3 I have had the pleasure of ...

Author: University of Chicago Law Review

Publisher: Quid Pro Books

ISBN: 9781610278508

Category: Law

Page: 598

View: 928

The third issue of 2014 features three articles from recognized legal scholars, as well as extensive student research. Contents include: Articles: • Following Lower-Court Precedent, by Aaron-Andrew P. Bruhl • Constitutional Outliers, by Justin Driver • Intellectual Property versus Prizes: Reframing the Debate, by Benjamin N. Roin Review: • The Text, the Whole Text, and Nothing but the Text, So Help Me God: Un-Writing Amar's Unwritten Constitution, by Michael Stokes Paulsen Comments: • Standing on Ceremony: Can Lead Plaintiffs Claim Injury from Securities That They Did Not Purchase?, by Corey K. Brady • FISA's Fuzzy Line between Domestic and International Terrorism, by Nick Harper • The Perceived Intrusiveness of Searching Electronic Devices at the Border: An Empirical Study, by Matthew B. Kugler • Comcast Corp v Behrend and Chaos on the Ground, by Alex Parkinson • Maybe Once, Maybe Twice: Using the Rule of Lenity to Determine Whether 18 USC 924(c) Defines One Crime or Two, by F. Italia Patti • Let's Be Reasonable: Controlling Self-Help Discovery in False Claims Act Suits, by Stephen M. Payne • A Dispute Over Bona Fide Disputes in Involuntary Bankruptcy Proceedings, by Steven J. Winkelman The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School students, who serve as its editors and contribute Comments and other research. Principal articles and essays are authored by accomplished legal and economics scholars. Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.
Categories: Law

America s Constitution

America s Constitution

A Biography Akhil Reed Amar. But how to define this range? From one perspective it might be said that virtually all laws discriminate, treating some persons differently from others. Thus, most criminal codes treat a l'-St mists ...

Author: Akhil Reed Amar

Publisher: Random House

ISBN: 9781588364876

Category: History

Page: 672

View: 544

In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
Categories: History

Eminent Victorians on American Democracy

Eminent Victorians on American Democracy

One of the best 19th-cent. studies is George Ticknor Curtis, Constitutional History of the United States from their ... For a recent comprehensive treatment see Akhil Reed Amar, America's Constitution: A Biography (New York, 2005).

Author: Frank Prochaska

Publisher: Oxford University Press

ISBN: 9780191624445

Category: History

Page:

View: 455

Eminent Victorians on American Democracy surveys a wide range of British opinion on the United States in the nineteenth century and highlights the views of John Stuart Mill, Walter Bagehot, Sir Henry Maine, and James Bryce, who wrote extensively on American government and society. America was significant to them not only because it was the world's most advanced democracy, but also because it was a political experiment that was seen to anticipate the future of Britain. The Victorians made a memorable contribution to the continuing debate over the character and origins of democracy through their perceptive examination of issues ranging from the US Constitution to its practical application, from the Supreme Court to the party system. Their trenchant commentary punctures several popular American assumptions, not least the idea of 'exceptionalism'. To Victorian commentators, the bonds of kinship, law, and language were of great significance; and while they did not see the United States as having a unique destiny, they rallied to an 'Anglo-American exceptionalism', which reflected their sense of a shared transatlantic history. What distinguishes the Victorian writers was their willingness to examine the US Constitution dispassionately at a time when Americans treated it as a sacred document. Although the United States has changed dramatically since they wrote, much of their commentary remains remarkably prescient, if only because the American government retains so much of its eighteenth-century character. Today, when rival American priesthoods see the Constitution in the light of their particular altars, it is worth revisiting what leading Victorians had to say about it. It may come as a shock to American readers.
Categories: History

America s Forgotten Constitutions

America s Forgotten Constitutions

Works that exemplify the single tradition approach include Akhil R. Amar, America's Constitution: A Biography (New York, 2006); Edward S. Corwin, The “Higher Law” Background ofAmerican Constitutional Law (Ithaca, NY, 1967); Larry D.

Author: Robert L. Tsai

Publisher: Harvard University Press

ISBN: 9780674369436

Category: Law

Page: 366

View: 635

Robert Tsai's history invites readers into the circle of defiant groups who refused to accept the Constitution's definition of who "We the People" are and how their authority should be exercised. It is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists.
Categories: Law

Race and Ethnicity in America From Pre contact to the Present 4 volumes

Race and Ethnicity in America  From Pre contact to the Present  4 volumes

America's Constitution: A Biography. New York: Random House. Bond, James E. 1997. No Easy Walk to Freedom: Reconstruction and the Ratification of the Fourteenth Amendment. Westport, CT: Praeger. Foner, Eric. 1988.

Author: Russell M. Lawson

Publisher: ABC-CLIO

ISBN: 9781440850974

Category: History

Page: 1360

View: 486

Divided into four volumes, Race and Ethnicity in America provides a complete overview of the history of racial and ethnic relations in America, from pre-contact to the present. Contextualizes the political experiences and contributions of minorities within American politics, society, and culture Includes people of color (e.g., African Americans, Latinos, Asians, and American Indians), those of mixed races, and ethnic groups that experienced minority status in politics, particularly in the 19th century (e.g., Irish, Jewish, Italian) Features chronological organization as well as a historical overview and timeline for contextual understanding and ease of reference Comprises A–Z entries that detail the political, social, and cultural histories of racial and ethnic minority groups, and concludes with a curated selection of key primary source documents Provides cross-disciplinary information that explores the experiences of racial and ethnic minorities in America over a period of five hundred years through history and social studies, political science, and ethnic studies
Categories: History

The Oxford Handbook of the U S Constitution

The Oxford Handbook of the U S  Constitution

Amar, A, America's Constitution: A Biography (2005). _____ . America's Unwritten Constitution: The Precedents and Principles We Live By (2012). Bailyn, B, The Ideological Origins of the American Revolution (1967). _____ .

Author: Mark V. Tushnet

Publisher: Oxford University Press, USA

ISBN: 9780190245757

Category: Constitutional law

Page: 1095

View: 362

The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Categories: Constitutional law

America s Unwritten Constitution

America s Unwritten Constitution

Consider, for example, America's preeminent right, the freedom of speech. ... Alongside my book America's Constitution: A Biography, which mapped the written Constitution in considerable detail, the current volume aims to offer readers ...

Author: Akhil Reed Amar

Publisher: Hachette UK

ISBN: 9780465033096

Category: Law

Page: 640

View: 566

Despite its venerated place atop American law and politics, our written Constitution does not enumerate all of the rules and rights, principles and procedures that actually govern modern America. The document makes no explicit mention of cherished concepts like the separation of powers and the rule of law. On some issues, the plain meaning of the text misleads. For example, the text seems to say that the vice president presides over his own impeachment trial -- but surely this cannot be right. As esteemed legal scholar Akhil Reed Amar explains in America's Unwritten Constitution, the solution to many constitutional puzzles lies not solely within the written document, but beyond it -- in the vast trove of values, precedents, and practices that complement and complete the terse text. In this sequel to America's Constitution: A Biography, Amar takes readers on a tour of our nation's unwritten Constitution, showing how America's foundational document cannot be understood in textual isolation. Proper constitutional interpretation depends on a variety of factors, such as the precedents set by early presidents and Congresses; common practices of modern American citizens; venerable judicial decisions; and particularly privileged sources of inspiration and guidance, including the Federalist papers, William Blackstone's Commentaries on the Laws of England, the Northwest Ordinance of 1787, Lincoln's Gettysburg Address, and Martin Luther King, Jr.'s "I Have a Dream" speech. These diverse supplements are indispensible instruments for making sense of the written Constitution. When used correctly, these extra-textual aids support and enrich the written document without supplanting it. An authoritative work by one of America's preeminent legal scholars, America's Unwritten Constitution presents a bold new vision of the American constitutional system, showing how the complementary relationship between the Constitution's written and unwritten components is one of America's greatest and most enduring strengths.
Categories: Law

Persuasion and Compulsion in Democracy

Persuasion and Compulsion in Democracy

America's Constitution:A Biography. New York: Random House, Inc., 2005. Bailyn, B. The Debates on the Constitution, Part One: September 1787 to February 1788. New York: The Library of America, 1995. Berkin, Carol.

Author: Jacquelyn Kegley

Publisher: Lexington Books

ISBN: 9780739178799

Category: Philosophy

Page: 290

View: 867

The book presents a variety of philosophical and socio-political perspectives related to the relationship between persuasion and compulsion in democracy. It meets the need of the present time, in America and in Europe, to re-read and discuss the basic assumptions of democracy and the role of individual within it in the context of institutional persuasions that can become factual compulsions for other institution and, first of all, individuals.
Categories: Philosophy

A Look at the Thirteenth and Fourteenth Amendments

A Look at the Thirteenth and Fourteenth Amendments

Life During Wartime 1. Bruce Catton , American Heritage History of the Civil War ( New York : Random House , 1998 ) , pp . 230-241 . 2. Akhil Reed Amar , America's Constitution , A Biography ( New York : Random House , 2006 ) , pp .

Author: John Richard Conway

Publisher: Enslow Publishers, Inc.

ISBN: 1598450700

Category: Juvenile Nonfiction

Page: 132

View: 772

Looks at the reasons for the adoption of the 13th and 14th Amendments, describes the laws it sets forth, and discusses challenges to and violations of the amendments.
Categories: Juvenile Nonfiction

Laboratories of Autocracy

Laboratories of Autocracy

America's Constitution: A Biography, 1st Edition. (New York, New York: Random House, 2006), 16. 673 Madison, James. Federalist No. 39 and 55. 674 Madison, James. Federalist No. 39. 675 “Samuel Johnson's 1766 dictionary dened ...

Author: David Pepper

Publisher: St. Helena Press

ISBN: 9781662919589

Category: Political Science

Page: 452

View: 776

“It’s the statehouses, stupid.” Laboratories of Autocracy shows that far more than the high-profile antics of politicians like Marjorie Taylor Greene or Jim Jordan—and yes, even bigger than Donald Trump’s "Big Lie”—it’s anonymous, often corrupt politicians in statehouses across the country who pose the greatest dangers to American democracy. Because these statehouses no longer operate as functioning democracies, these unknown politicians have all the incentive to keep doing greater damage, and can not be held accountable however extreme they get. This has driven steep declines in states like Ohio and others across the country. And collectively, it’s placed American democracy in its greatest peril since the dawn of the Jim Crow era. But Pepper doesn’t stop there. He lays out a robust pro-democracy agenda outlining how everyone from elected officials to business leaders to everyday citizens can fight back.
Categories: Political Science