Constitution Books
University of British Columbia Press Governing from the Bench
Book SynopsisDespite the Supreme Court of Canada's crucial role in the country's legal system, many Canadians are in the dark about the inner workings of this institution. In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, former law clerks, and other staff members of the court to shed light on the institution's internal environment and decision-making processes. Challenging dominant theoretical and methodological approaches that fail to examine individual or structural forces that affect the court's decisions, he explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices' behaviour; and situates the court in its wider governmental and societal context. At once enlightening and engaging, Governing from the Bench is a much-needed and comprehensive exploration of an institution that touches the lives of all Canadians.Trade ReviewMacfarlane describes the aim of his book as being to “open the black box”; suffice it to say that he has done so masterfully by synthesizing earlier research and supplementing it with his own extensive work. He has produced not a meditation on how Supreme Court judging should work, but an empirical examination of how it does work, with important contributions from the point of view of the participants themselves ... Governing from the Bench is a gem of a book for anyone seeking to understand how power is exercised by the judiciary — an audience that should include everyone. -- Bob Tarantino * Literary Review of Canada, January-February 2014 *Macfarlane has made an original foray into the intricacies of Supreme Court decision making. Governing from the Bench has gone to considerable lengths towards opening the Supreme Court’s “black box,” and in doing so has brought historical institutionalism into the mainstream of the study of Canadian law and politics. I highly recommend it. -- Dave Snow, University of Calgary * Canadian Journal of Political Science *Table of ContentsIntroduction1 Studying Judicial Behaviour2 The Evolution of the Court and Its Justices3 Setting the Stage: Exploring Court Processes Leading to Decisions4 The Decision: Collegiality, Conflict, and Consensus5 A Question of Competence: Examining Judicial Policy Making6 The Court in Government and Society: Dialogue, Public Opinion, and the MediaConclusionNotesBibliographyIndex
£69.70
University of British Columbia Press Aboriginal Justice and the Charter
Book SynopsisAboriginal Justice and the Charter explores the tension between Aboriginal justice methods and the Canadian Charter of Rights and Freedoms, seeking practical ways to implement Aboriginal justice. David Milward examines nine legal rights guaranteed by the Charter and undertakes a thorough search for interpretations sensitive to Aboriginal culture.Much of the previous literature in this area has dealt with idealized notions of what Aboriginal justice might be. Here, David Milward strikes out into new territory to examine why Indigenous communities seek to explore different paths in this area, and to identify some of the applicable constitutional constraints. This book considers a number of specific areas of the criminal justice process in which Indigenous communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. Milward grapples with the difTable of ContentsForeword / Bruce Granville MillerAcknowledgments1 Introduction2 Aboriginal Aspirations for Justice3 The Current Situation in Canada4 Addressing the Tension5 Realizing the Culturally Sensitive Interpretation of Legal Rights6 The Sentencing Process7 The Trial Phase8 The Investigative Stage9 The Final Resolution10 ConclusionNotesBibliographyIndex
£26.99
University of British Columbia Press The Strategic Constitution Understanding
Book SynopsisBridging the solitudes of constitutional law and international relations, this book offers a brand new interpretation of Canada’s Constitution.Table of ContentsPrefaceIntroductionPart 1: The Conceptual Framework for Assessing Canadian Strategic Power in Constitutional Terms1 Framing Some Key Concepts2 Diplomacy3 The Military4 Government, or Pure Executive Potency5 Natural Resources (and Food)6 National Economic Might7 Communications8 Population9 The Strategic Constitution as Conceptual and Analytical FrameworkPart 2: Applying the Conceptual Framework: Four Policy Case StudiesCase Study A: Canadian Strategic Leadership in the AmericasCase Study B: Bona Fide WarCase Study C: Arctic SovereigntyCase Study D: National Security-CounterterrorismConclusionBibliographyIndex
£25.19
University of British Columbia Press Patriation and Its Consequences
Book SynopsisPatriation and Its Consequences examines the political events and struggles that resulted in the 1981 agreement to patriate the Canadian constitution and sheds light on the political consequences of this key moment in Canadian history.Table of ContentsPart 1: Introduction: The Significance of Constitution Making1 Looking Back on Patriation and Its Consequences / Lois Harder and Steve Patten2 Constituting Constitutions: The Patriation Moment / Janine BrodiePart 2: Tracing the Long Road to Patriation3 Constitutional Nationalism: Politics, Law, and Culture on the Road to Patriation / Eric M. Adams4 The Evolution of the Charter / Barry L. Strayer5 The Rise of Spectator Constitutionalism, 1967-81 / P.E. BrydenPart 3: Shaping Patriation: Law, Political Vision, Political Actors, and Political Struggle6 Law, Politics, and the Patriation Reference of 1981 / Philip Girard7 The Judiciary in Trudeau’s Constitutional Vision: Intellectual Trajectory and Origins of the Charter / David Schneiderman8 More Distress than Enchantment: The Constitutional Negotiations of November 1981 Seen from Quebec / Guy Laforest and Rosalie Readman9 Tracking Justice: The Constitution Express to Section 35 and Beyond / Louise Mandell and Leslie Hall Pinder10 “28 – Helluva Lot to Lose in 27 Days”: The Ad Hoc Committee and Women’s Constitutional Activism in the Era of Patriation / Marilou McPhedran, Judith Erola, and Loren BraulPart 4: The Political and Constitutional Consequences of Patriation11 Patriation and the Law of Unintended Consequences / Peter Russell12 Canadian Federalism since Patriation: Advancing a Federalism of Empowerment / Alain-G. Gagnon and Alex Schwartz13 An Indigenous Constitutional Paradox: Both Monumental Achievement and Monumental Defeat / Kiera Ladner14 The Sad but True Story of a Shrinking Equality Opportunity Structure / Alexandra DobrowolskyList of Contributors; Index
£69.70
University of British Columbia Press Patriation and Its Consequences
Book SynopsisPatriation and Its Consequences examines the political events and struggles that resulted in the 1981 agreement to patriate the Canadian constitution and sheds light on the political consequences of this key moment in Canadian history.Table of ContentsPart 1: Introduction: The Significance of Constitution Making1 Looking Back on Patriation and Its Consequences / Lois Harder and Steve Patten2 Constituting Constitutions: The Patriation Moment / Janine BrodiePart 2: Tracing the Long Road to Patriation3 Constitutional Nationalism: Politics, Law, and Culture on the Road to Patriation / Eric M. Adams4 The Evolution of the Charter / Barry L. Strayer5 The Rise of Spectator Constitutionalism, 1967-81 / P.E. BrydenPart 3: Shaping Patriation: Law, Political Vision, Political Actors, and Political Struggle6 Law, Politics, and the Patriation Reference of 1981 / Philip Girard7 The Judiciary in Trudeau’s Constitutional Vision: Intellectual Trajectory and Origins of the Charter / David Schneiderman8 More Distress than Enchantment: The Constitutional Negotiations of November 1981 Seen from Quebec / Guy Laforest and Rosalie Readman9 Tracking Justice: The Constitution Express to Section 35 and Beyond / Louise Mandell and Leslie Hall Pinder10 “28 – Helluva Lot to Lose in 27 Days”: The Ad Hoc Committee and Women’s Constitutional Activism in the Era of Patriation / Marilou McPhedran, Judith Erola, and Loren BraulPart 4: The Political and Constitutional Consequences of Patriation11 Patriation and the Law of Unintended Consequences / Peter Russell12 Canadian Federalism since Patriation: Advancing a Federalism of Empowerment / Alain-G. Gagnon and Alex Schwartz13 An Indigenous Constitutional Paradox: Both Monumental Achievement and Monumental Defeat / Kiera Ladner14 The Sad but True Story of a Shrinking Equality Opportunity Structure / Alexandra DobrowolskyList of Contributors; Index
£26.99
University of British Columbia Press Uncertain Accommodation
Book SynopsisIn 1982, after decades of determined mobilization by Aboriginal groups and their allies, the government of Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use constitutionally enshrined group rights to protect and accommodate subnational groups within their borders. Decades later, however, almost no one is happy with the current state of Aboriginal rights in Canada, nor is there a consensus on what is wrong with these rights or how they can be fixed. Uncertain Accommodation tells the story of what went wrong.Dimitrios Panagos argues that the failure of Canada's Aboriginal rights jurisprudence is ultimately rooted in our inability to agree on what aboriginality means. Through incisive analysis of judicial decisions, legal submissions, and academic debates, he reveals the plurality of conceptions of aboriginality put forth over the past three decades and shows how the vision of AboriginalTrade ReviewThis book is highly recommended for professionals, scholars, and graduate students or simply for those interested in understanding how the state handles identity and group-related rights. -- E. Acevedo, California State University, Los Angeles * CHOICE *…Panagos succeeds in giving the intricate and controversial topic of aboriginality thorough treatment in a concise manner. Uncertain Accommodation generates interesting discussion that accommodates all readers, regardless of legal expertise … [This book] adds to the literature by providing a balanced and sophisticated analysis of where Canadian jurisprudence went wrong regarding the definition of Aboriginal rights, and what can be done to improve the situation. -- Braeden Pivnick * Saskatchewan Law Review *Table of ContentsIntroduction1 The Historical and Legal Framework for Section 352 Competing Approaches and Conceptualizations of Aboriginality 3 The Case for a Relational Approach4 The Nation-to-Nation, Colonial, and Citizen-State Approaches5 Submissions to the Court6 What the Justices Said7 Aboriginal Rights Jurisprudence and Identity Contestation8 A Problematic Conception of RightsConclusionNotesReferencesIndex
£66.30
University of British Columbia Press Uncertain Accommodation
Book SynopsisIn 1982, after decades of determined mobilization by Aboriginal groups and their allies, the government of Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use constitutionally enshrined group rights to protect and accommodate subnational groups within their borders. Decades later, however, almost no one is happy with the current state of Aboriginal rights in Canada, nor is there a consensus on what is wrong with these rights or how they can be fixed. Uncertain Accommodation tells the story of what went wrong.Dimitrios Panagos argues that the failure of Canada's Aboriginal rights jurisprudence is ultimately rooted in our inability to agree on what aboriginality means. Through incisive analysis of judicial decisions, legal submissions, and academic debates, he reveals the plurality of conceptions of aboriginality put forth over the past three decades and shows how the vision of AboriginalTrade ReviewThis book is highly recommended for professionals, scholars, and graduate students or simply for those interested in understanding how the state handles identity and group-related rights. -- E. Acevedo, California State University, Los Angeles * CHOICE *…Panagos succeeds in giving the intricate and controversial topic of aboriginality thorough treatment in a concise manner. Uncertain Accommodation generates interesting discussion that accommodates all readers, regardless of legal expertise … [This book] adds to the literature by providing a balanced and sophisticated analysis of where Canadian jurisprudence went wrong regarding the definition of Aboriginal rights, and what can be done to improve the situation. -- Braeden Pivnick * Saskatchewan Law Review *Table of ContentsIntroduction1 The Historical and Legal Framework for Section 352 Competing Approaches and Conceptualizations of Aboriginality 3 The Case for a Relational Approach4 The Nation-to-Nation, Colonial, and Citizen-State Approaches5 Submissions to the Court6 What the Justices Said7 Aboriginal Rights Jurisprudence and Identity Contestation8 A Problematic Conception of RightsConclusionNotesReferencesIndex
£21.59
University of British Columbia Press Unions in Court
Book SynopsisSince the turn of the twenty-first century, Canadian unions have scored a number of important Supreme Court victories, securing constitutional rights to picket, bargain collectively, and strike. But how did the labour movement, historically hostile to judicial intervention in labour relations, come to embrace legal activism as a first line of defense as opposed to a last resort? Unions in Court documents the evolution of the Canadian labour movement's engagement with the Charter, demonstrating how and why labour has adopted a controversial, Charter-based legal strategy to challenge and change legislation that restricts union rights. This book's in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields. Trade Review"Larry Savage and Charles Smith in Unions in Court: Organized Labour and the Charter of Rights and Freedoms provide a lively and illuminating account of the evolution of Canadian labour law[…]" -- Braham Dabscheck * Industrial Relations / Relations industrielles *Unions in Court is a key account of a vital piece of Canadian history and is a must-read for anyone involved in labour law. It should find its way into public, academic, courthouse, and government libraries, and, of course, the collection of any private firm with a labour department. -- Ken Fox, Reference Librarian, Law Society of Saskatchewan Library * Canadian Law Library Review *Table of ContentsIntroduction: Law, Workers, and Courts1 Labour Rights in the Pre-Charter Era2 Disorganized Labour and the Charter of Rights3 Canadian Labour and the First Era of Charter Challenges4 A Legal Response to Neoliberalism5 The Possibilities and Limitations of Constitutional Labour Rights6 A New Era of Constitutional Labour RightsConclusion: Which Way Forward?Notes; References; Index
£59.50
University of British Columbia Press Unions in Court
Book SynopsisSince the turn of the twenty-first century, Canadian unions have scored a number of important Supreme Court victories, securing constitutional rights to picket, bargain collectively, and strike. But how did the labour movement, historically hostile to judicial intervention in labour relations, come to embrace legal activism as a first line of defense as opposed to a last resort? Unions in Court documents the evolution of the Canadian labour movement's engagement with the Charter, demonstrating how and why labour has adopted a controversial, Charter-based legal strategy to challenge and change legislation that restricts union rights. This book's in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields. Trade Review"Larry Savage and Charles Smith in Unions in Court: Organized Labour and the Charter of Rights and Freedoms provide a lively and illuminating account of the evolution of Canadian labour law[…]" -- Braham Dabscheck * Industrial Relations / Relations industrielles *Unions in Court is a key account of a vital piece of Canadian history and is a must-read for anyone involved in labour law. It should find its way into public, academic, courthouse, and government libraries, and, of course, the collection of any private firm with a labour department. -- Ken Fox, Reference Librarian, Law Society of Saskatchewan Library * Canadian Law Library Review *Table of ContentsIntroduction: Law, Workers, and Courts1 Labour Rights in the Pre-Charter Era2 Disorganized Labour and the Charter of Rights3 Canadian Labour and the First Era of Charter Challenges4 A Legal Response to Neoliberalism5 The Possibilities and Limitations of Constitutional Labour Rights6 A New Era of Constitutional Labour RightsConclusion: Which Way Forward?Notes; References; Index
£25.19
University of British Columbia Press Religious Diversity in Canadian Public Schools
Book SynopsisCanadian public schools have long been entrusted with the mandate of socializing children. Yet this duty can rest uneasily alongside religious diversity questions.Grounding its analysis in three seminal Supreme Court cases involving religion in schools, Religious Diversity in Canadian Public Schools reveals legal processes that are unduly linear, compressing multidimensional conversations into an oppositional format and stripping away the voices of children themselves. Dia Dabby contends that schools are in fact microsystems worthy of their own consideration, and with the power to construct their own rules and relationships.This compelling work connects many of the themes that have animated public discourse since multiculturalism was officially enacted in Canada. Situating its analysis in relation to concepts of nation, education, and diversity, Religious Diversity in Canadian Public Schools encourages a deeper conversation about how religion is mediaTable of ContentsIntroduction1 Everyday Law in Schools2 Litigation about Religion and Education: On (Un)Heard Voices3 Mediating Religious Diversity in Public Schools4 The Administrative Governance of Public Schools5 Relations of Belonging in Education to Mediate DiversityConclusionNotes; Bibliography; Index
£62.90
University of British Columbia Press Privacy in Peril
Book SynopsisThis book, the second in the Landmark Cases in Canadian Law series, argues that in subsequent, post-Hunter v Southam decisions, the Supreme Court of Canada has strayed from the principles set out in that case, which were intended to protect the privacy of citizens from encroaching state power.Trade Review…it provides a thoughtful, critical counterpoint to those more practical texts. Academic and judicial libraries as well as prosecution departments and criminal law firms will find it to be a useful addition to their collections. -- Melanie Bueckert, Legal Research Counsel, Manitoba Court of Appeal * Canadian Law Library Review *Table of ContentsIntroduction1 Dickson’s Decision: The Supreme Court as Guardian of the Constitution2 The Threshold Test: A Reasonable Expectation of Privacy3 Lowering the Bar: The Supreme Court’s Failure to Maintain the Hunter Standard4 Expanding Search Powers: Search Incident to Arrest and Exigent CircumstancesConclusionAppendix: A Note on the EvidenceNotes; Bibliography; Index of Cases; Index
£58.65
University of British Columbia Press Privacy in Peril
Book SynopsisThis book, the second in the Landmark Cases in Canadian Law series, argues that in subsequent, post-Hunter v Southam decisions, the Supreme Court of Canada has strayed from the principles set out in that case, which were intended to protect the privacy of citizens from encroaching state power.Trade Review…it provides a thoughtful, critical counterpoint to those more practical texts. Academic and judicial libraries as well as prosecution departments and criminal law firms will find it to be a useful addition to their collections. -- Melanie Bueckert, Legal Research Counsel, Manitoba Court of Appeal * Canadian Law Library Review *Table of ContentsIntroduction1 Dickson’s Decision: The Supreme Court as Guardian of the Constitution2 The Threshold Test: A Reasonable Expectation of Privacy3 Lowering the Bar: The Supreme Court’s Failure to Maintain the Hunter Standard4 Expanding Search Powers: Search Incident to Arrest and Exigent CircumstancesConclusionAppendix: A Note on the EvidenceNotes; Bibliography; Index of Cases; Index
£22.79
University of British Columbia Press Religious Diversity in Canadian Public Schools
Book SynopsisThis comprehensive analysis of the legally complex relationship between religion and public schools will compel readers to reconsider the role of law in education.Table of ContentsIntroduction1 Everyday Law in Schools2 Litigation about Religion and Education: On (Un)Heard Voices3 Mediating Religious Diversity in Public Schools4 The Administrative Governance of Public Schools5 Relations of Belonging in Education to Mediate DiversityConclusionNotes; Bibliography; Index
£25.19
University of British Columbia Press Constitutionalizing Criminal Law
Book SynopsisConstitutionalizing Criminal Law explains why the Supreme Court of Canada's jurisprudence considering the constitutionality of criminal laws fails to strike a principled balance between the need to increase the coherency of the criminal law while maintaining the legitimacy of judicial review.Table of Contents1 Choosing among Rights2 Principles of Criminal Law Theory3 Principles of Instrumental Rationality4 Enumerated Principles of Criminal Justice5 A Normative Approach to Constitutionalizing Criminal Law6 Lessons from the Canadian ExperienceNotes; Bibliography; Index
£26.99
University of British Columbia Press Constitutional Crossroads
Book SynopsisFour decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change.This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada's constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, CoTable of ContentsIntroduction: Complex Legacies: The Promise, Challenges, and Impact of the Constitution Act, 1982 / Emmett Macfarlane and Kate Puddister Part 1: Institutional Relationships 1 The Political Purposes of the Charter: Four Decades Later / Mark S. Harding 2 Revisiting Judicial Activism / Emmett Macfarlane 3 Revisiting the Charter Centralization Thesis / Gerald Baier 4 Autochthony and Influence: The Charter’s Place in Transnational Constitutional Discourse / Mark Tushnet 5 It Works in Practice, but Does It Work in Theory? Accepting the Canadian Charter of Rights and Freedoms as a National Symbol / Andrew McDougall 6 Charter Talk: How Canadian Media Cover Rights and Politics / Erin Crandall, Andrea Lawlor, and Kate Puddister 7 Notwithstanding the Media: Section 33 of the Charter after Toronto v Ontario / Dave Snow and Eleni Nicolaides Part 2: Charter Rights 8 Policing Partisan Self-Interest? The Charter and Election Law in Canada / Tamara A. Small 9 The Most Important Charter Right? The Rise and Future of Section 7 / Matthew Hennigar 10 Sex Work, Abjection, and the Constitution / Brenda Cossman 11 Carter Compliance: Litigating for Access to Medical Assistance in Dying in Canada / Eleni Nicolaides 12 The Charter and the RCMP / Kent Roach 13 The Charter of Whites: Systemic Racism and Critical Race Equality in Canada / Joshua Sealy-Harrington 14 Canada’s Sex Problem: Section 15 and Women’s Rights / Kerri A. Froc 15 Quebec and the “Sign Law” Thirty Years after Ford and Devine: Ford Construit Solide / James B. Kelly 16 Language Rights and the Charter: Forging the Next Forty Years / Stéphanie Chouinard 17 The Provincial Courts of Appeal and Section 24(2) of the Charter / Lori Hausegger, Danielle McNabb, and Troy Riddell Part 3: Reconciliation 18 Canadians’ Homeland Has Changed since Patriation Brought the Constitution Home / Peter H. Russell 19 Indigenous Rights and the Constitution Act, 1982: Forty Years On and Still Fishing for Rights / Jeremy Patzer and Kiera Ladner 20 Using the Master’s Institutional Instruments to Dismantle the Master’s Goal of Indigenous-Rights Certainty / Rebecca Major and Cynthia Stirbys 21 Beyond Consultation: A Research Agenda to Investigate Partnerships and Comanagement in Land Governance / Minh Do 22 Indigenous Sovereignty, Canadian Constitutionalism, and Citizens Plus: The Unended Quest of Canada’s Original Hedgefox / Samuel V. LaSelva Part 4: Constitutional Change 23 The Invisible Transformation of Canada’s Constitutional Amendment Rules / Richard Albert 24 Still Not Cheering: Understanding Quebec’s Perspective on 1982 / Félix Mathieu and Dave Guénette 25 Cracks in the Foundation: The Crown and Canada’s Constitutional Architecture / Philippe Lagassé 26 The Urban Gap / Ran Hirschl Index
£69.70
University of British Columbia Press Judging Sex Work
Book SynopsisJudging Sex Work argues that a decision widely considered to be a victory for social justice weakened sex workers' rights far more than it strengthened them.
£55.80
University of British Columbia Press Judging Sex Work
Book SynopsisJudging Sex Work argues that a decision widely considered to be a victory for social justice weakened sex workers' rights far more than it strengthened them.
£25.19
Cornell University Press Constitutional Originalism
Book SynopsisProblems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called originalism. The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a living Constitution that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appelTrade ReviewIn their new book, Lawrence Solum and Robert Bennett build state-of-the-art cases for the two main schools of constitutional interpretation. Each contributes a generous essay presenting the merits of his own approach and offering a thoughtful rebuttal to the other's argument. If you’ve been seeking a concise introduction to the central debate in American constitutional theory, this is the book for you. -- Gerald J. Russello * City Journal *Solum and Bennett have produced a valuable book, particularly for students unfamiliar with the originalism versus 'living Constitution' debate and the literature it has spawned.... Rather than rehash their theoretical differences, the debaters thoughtfully weigh each other's arguments and acknowledge common ground, particularly regarding the limits of originalism in times of political or moral crisis and, more generally, the use of precedent in judicial interpretation.... This is an excellent resource; it includes an outstanding bibliography, and the authors discuss most of the true classics and key scholars in the field of constitutional interpretation. Summing up: Highly recommended. * Choice *Table of ContentsPrefaceWe Are All Originalists Now Lawrence B. Solum What Is Originalism? Should We Be Originalists? Originalism and Living ConstitutionalismOriginalism and the Living American Constitution Robert W. Bennett Originalism and Living Constitutionalism Wrestling with the Troubles of Originalism Implications for Living Constitutionalism Living with a Living Constitution The Failure of Originalism as RestraintLiving with Originalism A Response by Lawrence B. Solum Can Original Meaning Constrain? The Levels-of-Generality Pseudoproblem The Role of Values in Constitutional Construction Dead Hands Transitions and Precedent Original Intent Revisited Originalism and PoliticsAre We All Living Constitutionalists Now? A Response by Robert W. Bennett The Interpretive Role of Nonoriginalism in Solum's Scheme Extent of Liveliness in Solum's Constitutional Law and Bennett’s Normative Choices in Interpretation Ordinary or Technical Meaning The Limits of Constraint Based on LanguageNotes Suggested Readings Index
£25.19
University of Nebraska Press The White Earth Nation Ratification of a Native
Book SynopsisThe White Earth Nation of Anishinaabeg Natives ratified in 2009 a new constitution, the first indigenous democratic constitution, on a reservation in Minnesota. This volume includes the text of the Constitution of the White Earth Nation; an introduction by David E. Wilkins; an essay by Gerald Vizenor; and articles first published in Anishinaabeg Today by Jill Doerfler.Trade Review"[The White Earth Nation provides] a compelling behind-the-scenes perspective on the creation of the White Earth constitution that will be instructive to anyone who is interested in the perplexing but always stimulating topic of indigenous self-government. Few issues are more significant to residents of the Great Plains and the American West."—Mark R. Scherer, Annals of IowaTable of Contents1. Sovereignty, Democracy, Constitution: An Introduction David E. Wilkins2. Constitutional Consent: Native Traditions and Parchment Rights Gerald Vizenor3. The Constitution of the White Earth Nation 4. A Citizen's Guide to the White Earth Constitution: Highlights and Reflections Jill DoerflerBibliography List of Contributors
£12.34
Stanford University Press A Constitution for the Living
Book SynopsisWhat would America's Constitutions have looked like if each generation wrote its own?Trade Review"A fascinating work of counterfactual history. Breslin offers consistently fruitful insights that are not only stimulating, but also edifying about the political controversies that have raised deep questions about the adequacy of the existing Constitution."—Sanford Levinson, coauthor of Fault Lines in the Constitution"This remarkably creative and daring book is a work of deep scholarship and imagination. The result is an illuminating and thought-provoking survey of American constitutional history and ideas. A pleasure to read, and a rewarding exploration of the constitutional words that have been and that might have been."—Keith E. Whittington, Princeton University"A lively, riveting act of political imagination. In telling of an alternative American constitution-making process, one in which sequential constitutional conventions had addressed national disputes over issues such as slavery, suffrage, and labor rights, Breslin ably contends that the current reverence for – coupled with a near-total disengagement from – the founding document has it all wrong. And in bringing to life two centuries of constitutional actors and debates, he boldly invites us to step in and reclaim a process and core values that are anything but imaginary."—Dahlia Lithwick, Senior Legal Correspondent, Slate"Beau Breslin takes readers on a fascinating, richly informed, and highly instructive thought experiment. What if Americans had rewritten their constitution every generation, as Jefferson suggested they should? Imagining what might have been can help all to see more clearly what might yet be today."—Rogers M. Smith, University of Pennsylvania"Entertaining, instructive, and learned, Breslin's creative narratives brim with analytical and historical detail that explain the workings of the U.S. Constitution and Constitutional framing. His work will educate and excite readers at every level who are interested in the Constitution's force, function, and future." -- Thomas J. Davis * Library Journal starred review *Table of Contents1. 1787: An Introduction 2. 1825 3. 1863 4. 1903 5. 1953 6. 2022
£21.59
Stanford University Press The Street Politics of Abortion
Book SynopsisThe Street Politics of Abortion uses three Supreme Court cases to consider the rise and fall of clinic-front anti-abortion protests in the 1980s and 1990s, and illustrates how these conflicts influenced the contemporary form of reproductive politics and the greater New Christian Right.Trade Review"The Street Politics of Abortion adds much to our understanding of dissent, abortion, politics, and the evolution of new Christian conservative leaders, institutions, and tactics." -- Laura R. Woliver * Tulsa Law Review *"[The events of the American anti-abortion movement] are the subject of Joshua C. Wilson's book, The Street Politics of Abortion, and involve the intersection of four topics: political movements that involve litigation; anti-abortion activism; First Amendment doctrine and judicial decision making; and legal consciousnes, in particular the evolving view of law of various elite and non-elite actors. This combination makes for rich and fascinating subject of study and promises Wilson's book a wide audience . . . Wilson lets the various actors speak for themselves. As a result, the reader gets a good sense of the motivation and thinking of the activists on both sides." -- James Daniel Fisher * The Law and Politics Book Review *"Beautifully written and tremendously accessible, The Street Politics of Abortion offers new insight into how lawyers—especially those assigned to cases rather than taking them as part of their political commitments—understand their role as trial lawyers and social movement actors. This excellent book is analytically important, methodologically innovative, and breaks new ground in the study of social movements, legal consciousness, and the first amendment." -- Laura Beth Nielsen * Northwestern University, American Bar Foundation, author of License to Harass: Law, Hierarchy, and Offensive Public Speech *"On about as hot a subject as a scholar can take on, Joshua Wilson has sensitively and exhaustively shown how activists' 'stories' about the law shape the everyday politics of abortion. Blending political science and sociology, this is modern legal scholarship at its very best." -- Steven Teles * Johns Hopkins University, author of The Rise of the Conservative Legal Movement *"Joshua Wilson shows how the interactions of protesters at abortion clinics and their legal defeats actually helped to institutionalize the anti-abortion movement. This important new work on abortion politics greatly advances our understanding of movement/countermovement dynamics and the power of law." -- Suzanne Staggenborg * University of Pittsburgh *
£77.35
Stanford University Press The Street Politics of Abortion
Book SynopsisThe Street Politics of Abortion uses three Supreme Court cases to consider the rise and fall of clinic-front anti-abortion protests in the 1980s and 1990s, and illustrates how these conflicts influenced the contemporary form of reproductive politics and the greater New Christian Right.Trade Review"The Street Politics of Abortion adds much to our understanding of dissent, abortion, politics, and the evolution of new Christian conservative leaders, institutions, and tactics." -- Laura R. Woliver * Tulsa Law Review *"[The events of the American anti-abortion movement] are the subject of Joshua C. Wilson's book, The Street Politics of Abortion, and involve the intersection of four topics: political movements that involve litigation; anti-abortion activism; First Amendment doctrine and judicial decision making; and legal consciousnes, in particular the evolving view of law of various elite and non-elite actors. This combination makes for rich and fascinating subject of study and promises Wilson's book a wide audience . . . Wilson lets the various actors speak for themselves. As a result, the reader gets a good sense of the motivation and thinking of the activists on both sides." -- James Daniel Fisher * The Law and Politics Book Review *"Beautifully written and tremendously accessible, The Street Politics of Abortion offers new insight into how lawyers—especially those assigned to cases rather than taking them as part of their political commitments—understand their role as trial lawyers and social movement actors. This excellent book is analytically important, methodologically innovative, and breaks new ground in the study of social movements, legal consciousness, and the first amendment." -- Laura Beth Nielsen * Northwestern University, American Bar Foundation, author of License to Harass: Law, Hierarchy, and Offensive Public Speech *"On about as hot a subject as a scholar can take on, Joshua Wilson has sensitively and exhaustively shown how activists' 'stories' about the law shape the everyday politics of abortion. Blending political science and sociology, this is modern legal scholarship at its very best." -- Steven Teles * Johns Hopkins University, author of The Rise of the Conservative Legal Movement *"Joshua Wilson shows how the interactions of protesters at abortion clinics and their legal defeats actually helped to institutionalize the anti-abortion movement. This important new work on abortion politics greatly advances our understanding of movement/countermovement dynamics and the power of law." -- Suzanne Staggenborg * University of Pittsburgh *
£19.79
Stanford University Press Your Rugged Constitution
Book SynopsisWhen Your Rugged Constitution was first published, Harry S Truman was President. It quickly became a go-to resource for generations of young Americans (and some older ones too) who wanted to understand the guiding principles of our nation. Now in reissue, this truly rugged and much-admired classic is sure to inform, and also delight readers with its retro 1950s ethos. Your Rugged Constitution proceeds through the text of the Constitution with descriptions that are put in clear, easy-to-understand language, accompanied by commentary and lively drawings so you can easily grasp all the ideas and concepts. Under each section and clause, you (yes, you, fellow American!) learn which powers you give to the federal government, and what you get in return. Your Rugged Constitution helps readers understand that the Constitution is no mere historical document, but an important contract between you and your government.Trade Review"First published in 1950 and last revised in 1969, if offers a thoroughly irresistible introduction to the United States constitution . . . The republication of Your Rugged Constitution presents an opportunity for current generations to familiarize themselves with our nation's founding document in a clear and engaging fashion . . . This is a welcoming, accessible, and, at times, profound book . . . Your Rugged Constitution is a valuable guide to the brilliance and complexity of our constitutional design."—Tara Helfman, The Weekly Standard". . . a real contribution to the current discussion of national life."—Herbert Hoover, 31st President of the United States"Make[s] easy . . . grasp of the essential features of our Constitution."—Chester William Nimitz, Fleet Admiral and Commander of the United States Pacific Fleet during WWII"No comparable book to aid teacher, parent, or librarian in explaining our blueprint of freedom."—Ralph Adams Brown, The New York Times
£15.19
Stanford University Press Our NonChristian Nation
Book SynopsisIn recent years, members of minority religions and atheists have rightly taken advantage of Supreme Court decisions that open up government funding, institutions, and property to participate in public life alongside the Christian majority. Jay Wexler argues for the importance of this movement and travels around the country to meet some of the people on its front line.Trade Review"Timely, trenchant, and tremendously engaging, Our Non-Christian Nation is essential reading for anyone interested in understanding the contemporary battles over religion's role in our national politics and culture." -- Phil Zuckerman * author of Living the Secular Life *"In this brilliantly erudite and hugely entertaining romp through recent religious and legal history, Jay Wexler shows why, as our country becomes more religiously diverse, non-Christians need to get their voices heard and Christians need to help repair the wall between church and state. A marvelous read." -- Michael Shermer * Skeptic magazine *"What would it mean to take seriously the idea of religious diversity in the public sphere? Jay Wexler tells the stories of Wiccans, Muslims, and other religious and non-religious groups outside the mainstream who show what existing constitutional doctrine means in practice. The picture he paints provokes us to think differently about what that doctrine should be." -- Mark Tushnet * Harvard Law School *"In this fine book, Jay Wexler urges humanists, atheists, Satanists, and members of minority religious traditions to take advantage of a fascinating new phenomenon: the opening of public space to a variety of beliefs and institutions. His compelling account of 'belief' in public life will be of interest to the deeply religious as well as those who cringe at the very thought of religion. I highly recommend it." -- Anthony B. Pinn * author of Humanism: Essays on Race, Religion and Cultural Production *"A zesty, opinionated assessment of how non-Christians should actually behave....With curiosity and openness, Wexler performs the action that he advocates: that is, making heard a 'cacophony' of voices in public life so that different viewpoints get brought to the fore." -- Dan Friedman * Los Angeles Review of Books *"A fascinating read, and a wonderfully hopeful one...For anyone who feels marginalized as a pagan, nonbeliever, or just not a Christian, it's a manifesto for effective and often hilarious resistance." -- Houston Chronicle"Wexler...has made a timely, at times funny, and compelling piece of reportage looking at a variety of religious groups, as well as a strong argument for the importance of a pluralistic society." -- The Boston Globe"[T]his book was written for the general public, which often struggles to understand the jurisprudence surrounding religious freedom. Even professors of religious studies often need help in this area....Wexler's writing makes this book ideal for getting undergraduates interested in these issues." -- Joseph Laycock * Journal of the American Academy of Religion *"[An] artfully presented, quite accessible, guide to major legal issues faced by minority faiths in America...recommended for all interested in such topics." -- James T. Richardson * Nova Religio *"Wexler's greatest strength is his ability to describe current case law in readily digestible terms, making his work an ideal resource for undergraduates interested in religion and American politics. . .[T]his work can serve as an ideal entry point into important classroom conversations regarding the place of religions, especially minorities, in American law, as well as how both public and legal discourses have shaped the role of religion in American life." -- Savannah Finver * Religious Studies Review *Table of ContentsContents and AbstractsIntroduction chapter abstractThis chapter presents the main themes, issues, and arguments of the book. After an opening vignette describing the efforts of the Satanic Temple to erect a veterans monument in a small Minnesota town, the chapter introduces the First Amendment, particularly the Establishment Clause and the concept of separation of church and state as set out by the Supreme Court. It traces demographic changes in the country's religious makeup that have rendered the nation far less Christian and more secular than at previous times in its history. After a discussion of the issue of defining religion, the chapter sets forth the book's primary argument—namely, that a religiously diverse public square is preferable to one dominated by Christianity. One: Mummies, Monuments, and Monotheism: Religious Displays as Government Speech chapter abstractThis chapter discusses the constitutional doctrine of government speech under the First Amendment as it relates to the erection of religious monuments on public property. It does so, first, by describing and evaluating cases concerning the constitutionality of various Ten Commandments monuments under the Establishment Clause, and particularly the case of Van Orden v. Perry, which upheld such a monument on the grounds of the Texas Capitol. The chapter goes on to discuss the ultimately unsuccessful efforts of the small religious group known as the Summum, located in Salt Lake City, to have a Utah town erect a monument to its "Seven Aphorisms" in a park next to the community's Ten Commandments monument. The author's trip to visit the Summum and understand its mummification practices is described. Two: Pagans, Pentacles, and Pluralism: Religious Displays in the Public Forum chapter abstractThis chapter contrasts the government speech doctrine discussed in chapter 1 with the more minority-friendly First Amendment free speech doctrine known as the designated public forum. Under this doctrine, if the government designates a part of its property for private speech, including religious speech, it may not exclude speech on the basis of the viewpoint that is expressed by that speech. After explaining the doctrine, the chapter describes the successful efforts of Pagans and Wiccans, under the leadership of Wiccan priestess Selena Fox and through litigation brought by Americans United for Separation of Church and State, to get the Department of Veterans Affairs to allow Pagans buried in national cemeteries to have pentacles displayed on their headstones. The chapter also describes the author's visit to Fox's Circle Sanctuary in Wisconsin to participate in a Veterans Day event. Three: Secularism, Statehouses, and School Boards: Prayers and Invocations before Government Bodies chapter abstractThis chapter investigates the historical practice of prayer-giving before legislatures and other government bodies, as well as the Supreme Court's treatment of the practice in, most recently, the case of Town of Greece v. Galloway. Under the Establishment Clause of the First Amendment, the Court has held that legislative prayer and other religious invocations before government bodies are constitutional so long as the government has a policy of antidiscrimination—i.e., it will not discriminate on the basis of religion when inviting or allowing people to pray before meetings. The chapter investigates specifically the invocation given before the monthly town meeting of the Town of Greece (New York) by an Atheist who had previously sued the town unsuccessfully. The author's trip to witness this invocation is described. Four: The Satanic Temple: Taking It to a Whole 'Nother Level chapter abstractThis chapter takes an in-depth look at the key player in the phenomenon described in the book, namely the Satanic Temple. The chapter provides a brief history of Satanism, including a discussion of the Romantic Satanists, a literary movement in the eighteenth century that was the first to recover the symbol of Satan as a positive figure. The chapter also discusses the rise of the Church of Satan in the Bay Area in the 1960s, as well as the so-called Satanic Panic of the 1980s, in which people were wrongly accused of crimes committed in the name of Satan. The chapter then relates the history and doctrine of the Satanic Temple and describes its efforts to give legislative invocations and place monuments on public property (including its nine-foot-tall bronze monument to Baphomet). Five: Muslims, Money, and Middle Schools: Government Funding of Religion chapter abstractThis chapter investigates the issue of government funding of religion. After a brief foray into the Establishment Clause in this area, including a discussion of the important voucher school case Zelman v. Simmons-Harris, the chapter describes how some minority religious groups such as the Unification Church and the Church of Scientology have received public funding for their programs. The chapter also relates how Christian legislators in several states have objected to the inclusion of Islamic schools in their proposed voucher programs and then investigates these Islamic schools through the author's trip to the Al-Iman School in North Carolina. Six: Atheists, the Antichrist, and After-School Clubs: Religious Activities in the Public Schools chapter abstractThis chapter concerns the activities of religious groups in the public schools, one of the most controversial issues in church-state law, given the importance of these schools to the formation of future citizens. At the outset, the chapter explains the First Amendment law governing this area, including cases about teaching alternatives to evolution in the biology curriculum. Next, the chapter examines a series of cases in which the Supreme Court has held that if public schools open their facilities to after-school clubs, they may not exclude religious clubs, such as Good News Clubs, from using those facilities. After laying out the law, the chapter then examines efforts by Atheists, the Satanic Temple, and others to distribute religious literature and to start their own after-school clubs in the public schools. Conclusion: Conclusion chapter abstractThe concluding chapter begins with a brief recap of the four key descriptive points that the book has advanced and then proceeds to argue that the movement to increase minority participation in American public life is one that should be celebrated and continued. Specifically, the chapter argues that a religiously cacophonous public square is preferable to an entirely Christian one because it is more consistent with American ideals of free expression and diversity of ideas as enshrined in the First Amendment, because it may promote a more educated citizenry with regard to religion, and because this improved education may result in greater social peace. The chapter also considers potential counter-arguments and pitfalls of encouraging an increased role for religion in the public square, including the possibility that anti-liberal or parody organizations will seek to participate in public life.
£18.99
University of Pennsylvania Press A Nation Dedicated to Religious Liberty
Book SynopsisTable of ContentsForeword by Warren E. Burger Acknowledgments Introduction Chapter One. The Historical Roots of American Religious Liberty Chapter Two. The Founders on Religious Liberty Chapter Three. The Supreme Court and Religious Liberty Chapter Four. The Animating Principles of the Religion Clauses Chapter Five. Religious Liberty in Contemporary America Conclusion Appendices One. Historical Documents on American Religious Liberty Two. Early Declarations sand Constitutional Previsions on Religion Three. Leading Supreme Court Decisions on Religious Liberty Notes Bibliography Index
£17.99
University of Pennsylvania Press Human Rights Under African Constitutions
Book SynopsisSome of the most massive and persistent violations of human rights occur in African nations. In Human Rights Under African Constitutions: Realizing the Promise for Ourselves, scholars from a wide range of fields present a sober, systematic assessment of the prospects for legal protection of human rights in Africa. In a series of detailed and highly contextual studies of Ethiopia, Ghana, Guinea, Morocco, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Sudan, and Uganda, experts seek to balance the socioeconomic and political diversity of these nations while using the same theoretical framework of legal analysis for each case study.Standards for human rights protection can be realized only through direct and strong support from a nation''s legal and political institutions. The contributors to this volume uniformly conclude that a well-informed and motivated citizenry is the most powerful force for creating the political will necessary to effect change at the national Trade Review"The contributors maintain that a well-informed citizenry is the most powerful (and likely only) force for creating the political will necessary to effect change at the national level. There is no sitting on the fence. . . . The fundamental belief here is that human rights will only be realized once the African people claim their rights, make them their own, and demand their respect." * Netherlands Quarterly of Human Rights *
£62.90
University of Pennsylvania Press American Justice 2015
Book SynopsisAmerican Justice 2015 is the indispensable guide to the fourteen most controversial and divisive cases decided by the Supreme Court in the 2014-15 term, touching on issues such as as free speech, race and equality, religious freedom, privacy, the fate of Obamacare, and gay marriage.Trade Review"Steven Mazie is one of the most acute observers of the Supreme Court around. He writes clearly, concisely, and is a pleasure to read." * John Prideaux, The Economist *"The Supreme Court term that ended in June 2015 will go down in the history books-and Steven Mazie has written the first draft. In this balanced, detailed, yet accessible book he tells you what you need to know about the court's momentous health care and gay rights decisions, as well as about many more of great importance. Required reading for anyone who wants to understand the court's year from beginning to end." * Noah Feldman, Harvard Law School *"American Justice 2015 is a 'can't miss' for anyone interested in the Supreme Court. Steven Mazie deftly weaves the major decisions of the 2014-15 term into an eminently readable narrative that looks beyond the 'liberal/conservative' stereotypes to focus on how the court operates as an institution." * Amy Howe, SCOTUSblog *"Critical yet not cynical, aware of its many flaws but not blind to its considerable virtues, Steven Mazie describes a Supreme Court that seeks to be and often is an 'exemplar of public reason.' Written with clarity and insight by a gifted teacher, scholar, and journalist, American Justice 2015 should be of great interest to citizens and specialists alike." * Stephen Macedo, author of Just Married: Same-Sex Couples, Monogamy, and the Future of Marriage *
£21.59
University of Pennsylvania Press American Justice 2017
Book SynopsisTrade Review"This is a wonderful, engaging account of an unusual year in Supreme Court history. Kimberly Robinson does a masterful job of explaining the Court's decisions and puts them in a broader context of what they mean for the law and for the country. Those who watch the Court closely and those who watch it only casually will benefit from reading Robinson's account of October Term 2016." * Erwin Chemerinsky, University of California, Berkeley, School of Law *"Robinson's account of this unusual term is thorough, fair-minded, and fascinating. With an eye to surprising details and historical ironies, she astutely explains the ad hoc compromises and unexpected dodges that the short-staffed court used to avoid gridlock and indecision. The result is a compelling and entertaining portrait of the justices navigating a slow-burning crisis, then adjusting to the controversial appointment of a new colleague. Robinson's fusion of sophisticated legal analysis and fine-grained reporting will delight veteran court-watchers and casual observers alike." * Mark Joseph Stern, legal analyst and Supreme Court correspondent, Slate *"Kimberly Robinson is an indispensable chronicler of today's Supreme Court, and this book is a thoughtful account of one of the most memorable stretches in the Court's recent history-if not in the cases decided, in the transformation it featured in the political dynamics of vacancy, nomination, and confirmation. Robinson draws out the impact of those dynamics on the Court-both the cases decided during an important period of transition, and the institution more broadly." * Kate Shaw, Benjamin N. Cardozo School of Law *"Kimberly Robinson is one of the best journalists covering the Supreme Court, and her American Justice 2017 is a riveting, revealing account of the most difficult and unusual term in years. With the reporter's eye for detail and balance, Robinson shows how the Court, shorthanded after the loss of influential Justice Antonin Scalia and caught in a political firestorm over his replacement, fought to preserve the integrity of the institution while finessing divisive and controversial cases on religion, free speech, and the right to vote." * Adam Winkler, UCLA School of Law *Table of ContentsPreface 1. Trench Warfare 2. The Stolen Seat 3. Stand Idly By 4. Quarter-Loaf Outcomes 5. Courting Politics 6. The Priceless Value of Citizenship 7. Macabre Challenges 8. Calm before the Storm Appendix: Biographies of Current Justices of the Supreme Court Acknowledgments
£21.59
University of Pennsylvania Press The Changing Terrain of Religious Freedom
Book SynopsisThe Changing Terrain of Religious Freedom offers theoretical, historical, and legal perspectives on religious freedom, while examining its meaning as an experience, value, and right. The volume starts from the premise that the terrain of religious freedom has never been easy and smooth. Across societies and throughout history, defending or contesting principles of religious freedom has required compromise among multiple interests, balancing values, and wrangling with the law. Drawing on examples from the United States and around the world, and approaching the subject from the disciplines of history, law, sociology, philosophy, religious studies, and political science, the essays in this volume illustrate these challenges. They sketch the contours of contemporary debates while showing how the landscape of religious freedom has shifted over time. They consider various stakeholders that have asserted competing claims, among them individuals and groups; members of minority and majority cTable of ContentsIntroduction: The Landscape of Religious Freedom Heather J. Sharkey and Jeffrey Edward Green Part I. Ethical Arguments Chapter 1. A Right of Its Own: A Case for the Human Right of Religious Freedom Daniel Philpott Chapter 2. Can Freedom of Religion or Belief (FoRB) Be Universal? Heiner Bielefeldt Part II. The Social Contingency of Religious Freedom Disputes Chapter 3. Microclimates of Religious Freedom: Global Norms Meet Local Conditions in Territorial Hawai'i and Occupied Japan Jolyon Baraka Thomas Chapter 4. The Protection of Religion as "Culture" and "History": Three Case Studies Lori G. Beaman Chapter 5. "Baptism of Ire": Atheist Plaintiffs and Irreligious Freedom in Postwar America Leigh E. Schmidt Chapter 6. The Heads or Tails of Cow Protection in India: Religious Freedom and Secular Agriculture Cassie Adcock Chapter 7. Bad Faith: Religious Fraud and Religious Freedom in the "Mighty I AM" Case William Schultz Part III. The (Mis)application of Religious Freedom Chapter 8. The Historian's Pickaxe: Uncovering the Racist Origins of the Religious Right Randall Balmer Chapter 9. Female Genital Cutting in Michigan: How Advocates of the Dawoodi Bohra Distorted Religious Freedom to Control Women's Sexual Conduct Kristina Arriaga Chapter 10. The U.S. Supreme Court and the Future of Religious Freedom in the United States Joshua Matz Notes List of Contributors Index Acknowledgments
£40.50
New York University Press Thomas Jefferson and the Wall of Separation
Book SynopsisThomas Jefferson and the Wall of Separation Between Church and State offers an in-depth examination of the origins, controversial uses, and competing interpretations of this powerful metaphor in law and public policy.Trade ReviewIn the opinion of this reviewer, Dreisbach is undeniably correct. His research is thorough, and his analysis comports with the history of the period. Dreisbachs study of Jefferson's likely meaning when he utilized the phrase wall of separation makes a valuable contribution to an important area of the constitutional law, an area of great consequence to Christians. The fact that it is written by a law professor at a "top twenty" law school increases its significance and credibility in the scholar world. The book has a minimum of legal jargon and can easily be understood. Daniel Dreisbachs book is highly recommended. * Faith and Mission *Daniel Dreisbachs book is a welcome and much needed addition to the scholarship on the First Amendment. Dreisbach analysis of Jefferson's metaphor, its political context, and consequences for church-state jurisprudence, provide an intellectual perspective as the Court and nation reconsider issues of accomodations of religion in the public square. * Journal of Interdisciplinary Studies *On an evaluative note, the book is helpful for gaining an understanding of the historical context of Jeffersons metaphor. * Journal of Church and State *This book is vintage Dreisbach. . . . Anyone studying Jefferson's views of separation would be wise to use Dreisbachs primary texts and to ponder his sage interpretation of them. This is a book that can be read in an evening, but pondered for a career. -- John Witte Jr.,Michigan Law ReviewExcellent introduction to the thorny interpretive issues that continue to grow around Jefferson's wall. * The Journal of Southern History *Table of Contents1 Introduction2 The President, a Mammoth Cheese, and the "Wall of Separation": Jeffersonian Politics and the New England Baptists 3 "Sowing Useful Truths and Principles"4 "What the Wall Separates" 5 Early References to a "Wall of Separation"6 Creating "Effectual Barriers"7 "Useful Truths and Principles ... Germinate and Become Rooted" in the American Mind: Jefferson's Metaphor Enters Political and Juridical Discourse 8 ConclusionAppendices1 Proclamation Appointing a Day of Fasting, Humiliation, and Prayer, May 17742 Address to the Inhabitants of the Parish of St. Anne, 1774 3 Bills Reported by the Committee of Revisors Appointed by the General Assembly of Virginia in 1776, 18 June 1779 4 Proclamation Appointing a Day of Publick and Solemn Thanksgiving and Prayer, November 1779 1375 Draft of "The Kentucky Resolutions of 1798," November 1798 (excerpt) 6 Correspondence with the Danbury Baptist Association, 1801-1802 1427 Correspondence with the Citizens of Chesire, Massachusetts, January 1802 1498 Second Inaugural Address, 4 March 1805 (excerpts) 9 Letter from Jefferson to the Reverend Samuel Miller, 23 January 1808 Notes Selected BibliographyAcknowledgmentsIndexAbout the Author
£23.74
New York University Press Why Jury Duty Matters
Book SynopsisUrges people to re-examine the jury experience and act on constitutional principles before, during, and after jury serviceTrade Review"Ferguson, a veteran lawyer and law professor, outlines the importance of the jury in the legal system, how the right to trial by jury helped push the American Revolution forward, and how civil rights advances that created a more balanced jury pool have resulted in fairer trials for all...the dedicated and wonk-minded will learn a great deal about our legal system." * Publishers Weekly *"An investigation and celebration of what we so often rue: jury duty. Former public defender Ferguson (Law/Univ. of the District of Columbia) takes jury duty seriously but not in an admonitory, finger-wagging sense. He wants readers to appreciate the brilliance of the jury process as civic engagement, an act of public virtue, due process and accountability. Ferguson witnesses the process daily, and he serves it forth here to readers with enthusiasm: I watch as constitutional ideals such as civic participation, deliberation, fairness, equality, liberty, accountability, freedom of conscience, and the common good come alive through the practice of ordinary citizens. In each chapter, the author takes a constitutionally grounded principal and shows how it applies to jury duty. Jury participation teaches the skills required for democratic self-governance, it acquaints jurors with the rule of law and it promotes the equality of ideas. Ferguson is an artful booster for community involvement and social connection and an advocate for the ability to challenge any perceived infringement of rights; a copy of the Constitution is always ready at his hand. This is a book that makes you feel good about a system that requires this type of participation, in which we must reflect with clarity on the guilt or innocence of an individual. A genuine encouragement that speaks to the role juries play in our constitutional structure." * Kirkus Reviews *"Andrew Guthrie Ferguson reminds us that whether we like it or not, we are all constitutional actors. Jury duty provides an opportunity to reflect on that constitutional responsibility." * LA Daily Journal *"Former public defender Ferguson (law, Univ. of the District of Columbia; coauthor, Youth Justice in America) offers an inspiring perspective on jury duty. Using a combination of personal narrative, political science, and American history, he moves beyond the simple argument that jury duty is a civic responsibility and something to be endured for the good of the justice system. Instead, Ferguson situates jury duty as an opportunity for citizens to exercise foundational American values such as fairness, equality, participation, deliberation, and liberty. Jury duty brings together people from different races and different classes on equal footing. He explains that through service on a jury, a person can practice skills that are valuable for citizenship. VERDICT: Ferguson presents a new kind of handbook for potential jurors. Accessible and easy to read, the book is written for the average citizen who might be called to serve on a jury.Rachel Bridgewater, Portland Community Coll. Lib., OR." * Library Journal *"Summoned for jury duty? This is the book for you!-Greta Van Susteren" * Fox News *"Every year thousands of American citizens are summoned for the important civic duty of serving on a jury. What is their role, why is it a duty, and why is it so important? This unique and highly readable book is addressed to a lay audience. It will be useful for those citizens who have served on juries, for those who will someday be called to serve, and, indeed, for anyone who has an inquisitive mind about a crucial part of our legal system. Author Andrew Guthrie Ferguson lucidly describes the history of the jury and explains why juries play such a critical role in the contemporary American system of justice. Copies should be placed in the jury assembly rooms of every courthouse. The book can also be a useful supplement for high school civics courses." -- Neil Vidmar,Russell M. Robinson II Professor of Law, Duke University School of Law"Ferguson seeks to capture the attention of a broader audience, and does so through a personal and scholarly approach that is adequate to understanding the judicial, and more broadly, constitutional system of self-governance. Summing Up: Recommended." -- J. Michael Bitzer * CHOICE *"Professor Andrew Guthrie Ferguson's Why Jury Duty Matters: A Citizen's Guide to Constitutional Actionshould be read by every adult in this nation and by every youth before reaching 18 years of age, not only for its historical content, but for its message that jury service by every eligible person is critical to protecting the life and liberty of every person living in the United States and protects the individual from the tyranny of government." -- Judge Arthur L. Burnett Sr. * Criminal Justice *"Serving on a jury is at the heart of what it means to be American....And juries are the embodiment of democracy--12 citizens each have a vote, with the results deciding a citizen's fate." -- Andrew Guthrie Ferguson * Bottom Line-Personal *"This book will help us all move beyond feeling jury service is solely a duty. These well-written pages clearly demonstrate jury service is a privilege and that a jury summons is an admission ticket to very special higher learning. The book should inspire important citizen reflections both at the courthouse and at our kitchen tables." -- Judge Gregory E. Mize,Judicial Fellow, National Center for State Courts"This is a brilliant and motivating plea to please serve when summoned." -- Ralph Nader"what might be the most earnest book that's come across my desk in years" -- Dan Rodricks"Where would we find a large and regularly available group of citizens with time to discuss the importance of citizenship with aspiring citizens? Perhaps, we need look no further than jury waiting rooms all across the country. In those rooms, millions of Americans wait for the opportunity to serve on a jury." -- Andrew Guthrie Ferguson * American Constitution Society *""Andrew Ferguson has written an inspiring bookaddressed to every Americanto explain why serving as a juror is vital to our democracy. He masterfully weaves the jury process with constitutional principles showing how the jury puts these principles into everyday practice. Fergusons book will transform readers from reluctant citizens into responsible jurors. Every court should give prospective jurors a copy of this book so that they will understand the jurys integral role in our democracy. " -- Nancy S. Marder,Professor of Law and Director of the Jury Center, Chicago-Kent College of Law"[I]f citizenship matters for jury duty eligibility we need to ask ourselves why it matters. It's not an easy question to resolve, but like jury service, it is a job that only 'we the people' can do." -- Andrew Guthrie Ferguson * The Atlantic *"In any event, kudos to Andrew for his important work and great example in making legal scholarship more relevant." * Prawf's Blawg *"[A]n insightful and beautifully written account of jury service that speaks to the prospective juror in all of us, while at the same time offering lessons in the history and constitutional significance of the jury that will be enlightening for lawyers and lay readers alike...Ferguson provides an inspiration primer for jury service. Beyond his deep insight into every aspect of juror's service, [his] overriding optimism and palpable reverence for the jury as an institution are powerful enough to make even the most skeptical reader view their next jury summons in an entirely new light." * The Champion *"As attorneys we learned the constitutional basis for jury trails in law school. Those of us who work in litigation know and understand the importance of juries to our court system, but probably few of us have considered the importance of jury duty to us as citizens. Now a law professor at the University of the District of Columbia, Ferguson wrote Why Jury Duty Matters, for those called to serve as jurors. It is an explanation of the importance of jury duty to us as citizens, how it enables us to participate in democratic government." * The Daily Journal *Table of Contents1 An Invitation to Participation2 Selecting Fairness3 Choosing Equality4 Connecting to the Common Good5 Living Liberty6 Deciding Through Deliberation 7 Protecting a Dissenting Voice 8 Judging Accountability
£18.99
New York University Press The State of Play Law Games and Virtual Worlds
Book SynopsisPresents an essential first step in understanding how new digital worlds will change the future of our universe. This book considers questions such as: What rules should govern virtual communities? Should the law step in to protect property rights when virtual items are destroyed or stolen?Trade ReviewThe State of Play is an extremely comprehensive look into digital worlds and how those worlds are evolving cultures, changing lives, reshaping the way we think and communicate. If you want to understand where modern culture is headed and learn more about incredibly fascinating experiences taking place in virtual worlds, pick up and read this book now. -- Richard Garriott,a.k.a. Lord British, Creator of Ultima Online and Executive Producer, NCsoftThese essays, by the best thinkers in their fields, will be read, debated, taught, and cited in court cases as we struggle to figure out how to live in a world which is part digital and part social, part real and part imaginary. -- Henry Jenkins,author of onvergence Culture: Where Old and New Media CollideThis is a spectacular collection of essays on the present and future of virtual worlds. It's a perfect introduction for those who have yet to experience them, and more important, a thoughtful companion for those who do. -- Jonathan Zittrain,Oxford UniversityIs useful and interesting for students of surveillance. * Surveillance & Society *With diverse essays from game designers, social scientists and legal scholars, The State of Play is a provocative consideration of virtual jurisprudence. * Paste Magazine *Table of ContentsPart I: Introduction1. Introduction 2. Virtual Worlds: A PrimerPart II: Game Gods and Game Players3. Virtual Worldliness 4. Declaring the Rights of Players5. The Right to Play 6. Law and Liberty in Virtual Worlds Part III: Property and Creativity in Virtual Worlds7. Virtual Crime 8. Owned! Intellectual Property in the Age of eBayers, Gold Farmers, and Other Enemies of the Virtual State9. Virtual Power Politics 10. Escaping the Gilded Cage: User-Created Content and Building the Metaverse11. There Is No Spoon Part IV: Privacy and Identity in Virtual Worlds12. Who Killed Miss Norway? 13. Who's in Charge of Who I Am? Identity and Law Online14. Privacy and Data Collection in Virtual Worlds Part V: Virtual Worlds and Real-World Power15. Virtual Worlds, Real Rules: Using Virtual Worlds to Test Legal Rules16. The New Visual Literacy: How the Screen A?ects the Law17. Democracy-The Video Game: Virtual Worlds and the Future of Collective ActionAbout the Contributors Acknowledgments Case List Index
£23.74
University of Minnesota Press Deadliest Enemies
Book Synopsis
£17.99
Duke University Press Popular Sovereignty and the Crisis of German
Book SynopsisA historical analysis of doctrines of constitutional law during the Weimar Republic. This book reveals the various facets of the constitutional struggles that permeated German legal and political culture during the Weimar Republic. This book will be useful for all those interested in the continuing problems of democracy and constitutionalism.Trade Review“A searching examination and critical analysis of the debates in Germany over the meaning and interpretation of the constitution during the Weimar years. No other book in English, so far as I know, treats Weimar constitutionalism with the depth and analytical power of this study. What an admirable study of intellectual history this book is!”—Donald P. Kommers, University of Notre Dame“An outstanding contribution to the literature on 20th-century Germany and its political/legal theory.”—Ellen Kennedy, University of Pennsylvania
£25.19
Duke University Press Reconstructing Reconstruction
Book SynopsisExamines the post-Civil War struggle between competing political and legal interpretations of slavery and reconstruction to reveal how accepted historical truth was established. Offering a fresh approach to the subject of original intent, this book is useful for legal historians and scholars of constitutional law, and American history.Trade Review“Brandwein’s impressive study adds a new dimension to the understanding of Reconstruction ideology and its legacy for future civil rights jurisprudence. . . . Highly recommended.” - Choice“[A] welcomed . . . critique. . . . Professor Brandwein develops her thesis using an able study of how Americans from Reconstruction to the present have understood the events responsible for the passage of the post-Civil War Amendments.” - Mark A. Graber, The Law and Politics Book Review“[W]ell-formulated, insightful, and timely. . . . Any sociologist interested in the origins, reproduction, and transformation of social hierarchies must come to terms with this crucial insight about law and patterns of social organization.” - Nicholas Pedriana, American Journal of Sociology“Reconstructing Reconstruction is one of the finest meditations on history and law in recent years.” - Bryan H. Wildenthal, H-Net Reviews“[A] good read. . . . Reconstructing Reconstruction is a fascinating journey that leads inexorably to [Brandwein’s] closing argument that constitutional law is a ‘culture of argument.’ . . . [H]er examination of the sociology of constitutional law is good reading for judges, lawyers, and students of constitutional law.” - Howard Ball, Journal of American History“An exciting theoretical examination. . . . Legal scholars will have to acknowledge the challenge Brandwein poses by treating ‘original intent’ as a social and historical construction.”—Mark Tushnet, Georgetown University Law Center“An important call for the development of a ‘sociology of constitutional law.’ Brandwein forces us to pay more attention to the ways in which the reconstruction of history (in this case, the history of Reconstruction) becomes a vital resource in contemporary constitutional politics.”—Howard Gillman, University of Southern California“Reconstructing Reconstruction is one of the finest meditations on history and law in recent years.” -- Bryan H. Wildenthal * H-Net Reviews *“[A] good read. . . . Reconstructing Reconstruction is a fascinating journey that leads inexorably to [Brandwein’s] closing argument that constitutional law is a ‘culture of argument.’ . . . [H]er examination of the sociology of constitutional law is good reading for judges, lawyers, and students of constitutional law.” -- Howard Ball * Journal of American History *“[A] welcomed . . . critique. . . . Professor Brandwein develops her thesis using an able study of how Americans from Reconstruction to the present have understood the events responsible for the passage of the post-Civil War Amendments.” -- Mark A. Graber * Law and Politics Book Review *“[W]ell-formulated, insightful, and timely. . . . Any sociologist interested in the origins, reproduction, and transformation of social hierarchies must come to terms with this crucial insight about law and patterns of social organization.” -- Nicholas Pedriana * American Journal of Sociology *“Brandwein’s impressive study adds a new dimension to the understanding of Reconstruction ideology and its legacy for future civil rights jurisprudence. . . . Highly recommended.” * Choice *Table of ContentsAcknowledgments 1. Introduction 2. Slavery as an Interpretive Issue in the 39th Reconstruction Congress: The Northern Democrats 3. Republican Slavery Criticism 4. The Supreme Court’s Official History 5. Dueling Histories: Charles Fairman and William Crosskey Reconstruct “Original Understanding” 6. Recipes for “Acceptable” History 7. History as an Institutional Resource: Warren Court Debates over Legislative Apportionment 8. Constitutional Law as a “Culture of Argument”: Toward a Sociology of Constitutional Law 9. Conclusion Notes Bibliography Index
£25.19
Duke University Press Foreign in a Domestic Sense
Book SynopsisMore than four million United States citizens live in five "unincorporated" US territories. The inhabitants of these vestiges of an American empire are denied representation in Congress and cannot vote in presidential elections. This book addresses the problem of the US territories.Trade Review“I can hardly contain my enthusiasm for this project, which brings together an array of authoritative scholars in the field. “Foreign in a Domestic Sense” is the most important work of its kind of our generation, a book that advances the scholarship while having a material impact on current and future debates about Puerto Rico’s self-determination.”—Francisco A. Scarano, author of Puerto Rico: Cinco Siglos de HistoriaTable of ContentsPreface Between the Foreign and the Domestic: The Doctrine of Territorial Incorporation, Invented and Reinvented / Christina Duffy Burnett and Burke Marshall I. History and Expansion Some Common Ground / José A. Cabranes Teutonic Constitutionalism: The Role of Ethno-Juridical Discourse in the Spanish-American War / Mark S. Weiner A Constitution Led by the Flag: The Insular Cases and the Metaphor of Incorporation / Brook Thomas Deconstructing Colonialism: The “Unincorporated Territory” as a Category of Domination / Efrén Rivera Ramos II. Expansion and Constitution Installing the Insular Cases into the Canon of Constitutional Law / Sanford Levinson Fulfilling Manifest Destiny: Conquest, Race, and the Insular Cases / Juan F. Perea U.S. Territorial Expansion: Extended Republicanism versus Hyperextended Expansionism / E. Robert Statham Jr. Constitutionalism and Individual Rights in the Territories / Gerald L. Neuman III. Constitution and Membership Partial Membership and Liberal Political Theory / Mark Tushnet Injustice According to Law: The Insular Cases and other Oddities / José Trías Monge One Hundred Years of Solitude: Puerto Rico’s American Century / Juan R. Torreulla A Tale of Distorting Mirrors: One Hundred Years of Puerto Rico’s Sovereignty Imbroglio / Roberto Aponte Toro IV. Membership and Recognition Law, Language, and Statehood: The Role of English in the Great State of Puerto Rico / José Julián Alvarez González Puerto Rican National Identity and United States Pluralism / Angel Ricardo Oquendo Puerto Rican Separatism and United States Federalism / Richard Thornburgh The Bitter Roots of Puerto Rican Citizenship / Rogers M. Smith A Note on the Insular Cases / Christina Duffy Burnett Notes on Contributors Index
£27.90
Duke University Press Congress and the Constitution
Book SynopsisEssays contest the notion of the absolute preeminence of judicial review in constitutional interpretation, analyzing the role of Congress as a constitutional interpreter and responsible constitutional agentTrade Review“Congress and the Constitution is a timely and provocative book on whether, when, and how Congress thinks about the meaning of the Constitution. The excellent scholarship in this volume raises deep questions about the relationship between Congress and the courts in interpreting the Constitution and sets an agenda for further work in this important area. In so doing, the book makes a significant contribution.”—Elena Kagan, Dean of Harvard Law School“The subject of this collection—the treatment of the Constitution by legislators in Congress—is both extremely interesting and important, and I do not believe that there is any other single book that is so effective in bringing together a wide range of relevant materials.”—Sanford Levinson, author of Wrestling with DiversityTable of ContentsAcknowledgments vii Introduction / Neal Devins and Keith E. Whittington 1 Prolegomena for a Sampler: Extrajudicial Interpretation of the Constitution, 1789–1861 / David P. Currie 18 Congressional Attitudes toward Constitutional Interpretation / Bruce G. Peabody 39 Constitutional Analysis by Congressional Staff Agencies / Louis Fisher 64 Hearing about the Constitution in Congressional Committees / Keith E. Whittington 87 The Federal Appointments Process as Constitutional Interpretation / Michael J. Gerhardt 110 Lawyers in Congress / John C. Yoo 131 Congressional Responses to Judicial Review / J. Mitchell Pickerill 151 Court, Congress, and Civil Rights / Michael J. Klarman 173 Quasi-Constitutional Law: The Rise of Super-Statutes / William N. Eskridge Jr. and John Ferejohn 198 Congressional Fact Finding and the Scope of Judicial Review / Neal Devins 220 Institutional Design of a Thayerian Congress / Elizabeth Garrett and Adrian Vermeule 242 Evaluating Congressional Constitutional Interpretation: Some Criteria and Two Informal Case Studies / Mark Tushnet 269 Can Congress Be Trusted with the Constitution? The Effects of Incentives and Procedures / Barbara Sinclair 293 About the Contributors 313 Index 315
£25.19
Fordham University Press The TwentyFifth Amendment
Book SynopsisThis new edition of The Twenty-Fifth Amendment: Its Complete History and Applications updates John Feerick's landmark study with the Amendment's uses in the past twenty years and how those uses (along with new legal scholarship) have changed the Amendment and perceptions of presidential disability.Trade Review"The Twenty-Fifth Amendment was an instant classic when it appeared in 1976; this a revised and expanded third edition will prove equally indispensable. It is a learned and accessible examination of vital issues afflicting the presidency; a model history of how we amend the Constitution to respond to those issues; and a spur for reflection on the perennial challenges of constitutional government. The capstone to John Feerick's labors as a constitutional scholar, historian, and public-spirited citizen, this book deserves the widest possible audience." -- -R. B. Bernstein New York Law School and City College of New York, and author of Amending America and The Founding Fathers Reconsidered "Feerick, author of this book, has been an active participant observer of the process of providing for presidential disability, presidential succession, and vice-presidential replacement. This work remains the definitive account of the adoption and implementation of the Twenty-Fifth Amendment." -ChoiceTable of ContentsIntroduction by Joel K. Goldstein Preface to the Third Edition Acknowledgments from the 1992 Edition Foreword to the 1976 Edition Preface to the 1976 Edition I The Problems 1. Presidential Inability 2. Vice-Presidential Vacancy 3. Succession Beyond the Vice Presidency II The Solution 4. Early Steps to Solve the Inability Problem 5. Senate Passage of S. J. Res. 139 6. Congress Acts 7. Ratification 8. An Analysis of Sections 1, 2, 3, and 4 of the Amendment III Implementations of the Solution 9. The Resignation of Spiro T. Agnew 10. The Substitution of Gerald R. Ford 11. The Resignation of Richard M. Nixon and Succession of Gerald R. Ford 12. The Installation of Nelson A. Rockefeller 13. The Uses and Non-Uses of Section 3 IV Continued Interest and Efforts to Change 14. Congressional Action 15. Symposia, Scholarship, and Commissions 16. Representation of the Twenty-Fifth Amendment in Popular Culture V An Evaluation 17. Appraisal 18. Recommendations Appendixes A. Section-by-Section Development of the Twenty-Fifth Amendment B. Constitutional Provisions on Succession C. Statutory Succession Laws D. Presidential and Vice-Presidential Vacancies E. Times During Which the Speaker, the President pro tempore, or Both Were from a Party Different from the President's F. Rule Number 9 of the Republican Party 317 G. Selected Sections of the Charter and Bylaws of the Democratic Party H. Letter from President Lyndon B. Johnson to House Speaker John W. McCormack I. Schedule of Gerald Ford for August 9, 1974 J. Twenty-Fifth Amendment Memo Prepared for President Gerald R. Ford Notes Bibliography Index
£96.90
Fordham University Press Law and Revolution in South Africa
Book SynopsisThe relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue.Trade Review"Partly focusing on South Africa as a case study, Cornell considers the challenge of reconstructing a government after the revolutionary overthrow of past dictatorships." - Law & Social Inquiry, Journal of the American Bar Foundation "This book is a rare one-the reflections on philosophy, law, and political theory are profound and moving. Rather than reproduce the multiple stages of debate surrounding transitional justice - reconciliation vs. forgiveness, memory vs. forgetting- the author shifts the question toward what she calls 'substantive revolution.' This marks an advance in discussions of reconciliation and political life after massive, sustained spasms of violence. When one adds to that a significant dose of philosophy and critical theory - from Heidegger through contemporary political philosophers - the book takes on a new thread in theorizing transition and gives it real complexity. Substantive revolution is deepened by critical theory, critical theory is deepened by engagement with the concrete work of substantive revolution." -- -John Drabinski Amherst College "Law & Revolution in South Africa continues Drucilla Cornell's path breaking work on indigenous law formation in post-apartheid South Africa. The essays collected here add to her evolving approach to fundamental ideas of law, politics, and ethics as informing uBuntu, living customary law, and dignity jurisprudence in South Africa. This book bears directly on the vibrant ongoing debate in South Africa about how to restore societal respect for law in light of its gross misappropriation during the many decades of abuse by colonialist and racist control of the country and the accompanying gruesome suppression of the native population. This is a fascinating debate that should be of interest to all those concerned with achieving legitimacy for the institutions and procedures of legality following a transition to constitutional democracy, and especially the extent to which values embedded in customary legal traditions can be used by courts in wrestling with sensitive legal disputes from morally reconstructive perspectives." -- -Richard Falk Princeton UniversityTable of ContentsPreface 1. Introduction: Transitional Justice Versus Substantive Revolution Should Critical Theory Remain Revolutionary? 2. Is Technology a Fatal Destiny? The Relevance of Heidegger for South Africa and for All "Developing" Countries 3. Socialism or Radical Democratic Politics? On Laclau and Mouffe The Legal Challenge of uBuntu 4. Dignity Violated: Rethinking AZAPO Through uBuntu 5. Which Law, Whose Humanity? The Significance of Policulturalism in the Global South 6. The Significance of the Living Customary Law for an Understanding of Law: Does Custom Allow for a Woman to Be Hosi? The Struggle over uBuntu 7. uBuntu, Pluralism, and the Responsibility of Legal Academics to the New South Africa 8. Rethinking Ethical Feminism Through uBuntu 9. Is There a Difference that Makes a Difference Between Dignity and uBuntu? 10. Where Dignity Ends and uBuntu Begins - A Response by Yvonne Mokgoro and Stu Woolman Conclusion: uBuntu and Subaltern Legality Notes Index
£17.09
Wisconsin Historical Society Press The Documentary History of the Ratification of
Book Synopsis
£90.25
Wisconsin Historical Society Press The Documentary History of the Ratification of
Book Synopsis
£90.25
Wisconsin Historical Society Press The Documentary History of the Ratification of
Book Synopsis
£90.25
Wisconsin Historical Society Press The Documentary History of the Ratification of
Book Synopsis
£90.25
Wisconsin Historical Society Press The Documentary History of the Ratification of
Book Synopsis
£90.25
Wisconsin Historical Society Press The Documentary History of the Ratification of
Book Synopsis
£90.25
University of Alberta Press Canadas Constitutional Revolution
Book SynopsisThe Honourable Barry L. Strayerâs political memoir on Canadian constitutional reform, 1960â1982.Trade Review"The Hon. Barry L. Strayer was instrumental in designing Canada's Charter of Rights and Freedoms and the 1982 repatriation of the Constitution. In Canada's Constitutional Revolution, the retired federal court judge recalls his involvement as a legal adviser during the period of constitutional reform from 1960 to '82." Quill & Quire"[On April 27, 1982, Queen Elizabeth signed the Constitution Act on Parliament Hill.] For nearly 15 years [Barry Strayer] had toiled mightily in the labyrinthine structures of federal constitutional planning and in the chambers of federal-provincial negotiations to get to just this moment. In Ottawa that day Canada's sovereignty was formalized; it gained untrammelled authority over its own constitution and it declared its subscription to human rights. Strayer was crucial to the federal government's constitutional endeavours, from policy consulting with the prime minister to reassuring parliamentarians, to preparing court cases, to organizing strategic planning and the writing of constitutional drafts. He was at the very centre of Canada's modern constitutional moment." John D. Whyte, Literary Review of Canada, May 2013"...a cogent, thorough, and diverting narrative of his time as a top-level constitutional advisor to the Lester B. Pearson and Pierre Trudeau Liberal governments.... In broad terms, the book is a meditation on the intellectual and political complexity of the transition, in a federal system, from a regime of legislative supremacy to one of constitutional supremacy..... The tone of the book is principally serious and scholarly, and provides a detailed and technical first-hand analysis of the development of the Charter and the Canada Act 1982." -- Tom O'Hara * Saskatchewan Law Review *"Barry L. Strayer's book about the formation of Canada's present constitutional order, and his own role in it, joins a short and distinctive shelf of similarly erudite yet also entertaining legal memoirs.... What could easily have been an unrelievedly ponderous exposition of constitutional law and history is leavened by Strayer's disarmingly informal and witty recollections of the leading personalities in Canadian politics from the 1950s to the 1980s.... Canada's constitutional revolution has worked overwhelmingly positive changes for that country, advancing the dignity and stature of a great nation and providing a globally relevant model for protecting human rights and individual freedom. For that and other reasons, Judge Strayer can look back with pride on his life's work." [Full review at https://www.h-net.org/reviews/showrev.php?id=39911] -- Bryan H. Wildenthal * H-Net Reviews *
£26.99
Sea Raven Press The Constitution of the Confederate States of America Explained A ClauseByClause Study of the Souths Magna Carta
£13.29
Legare Street Press Derecho Constitucional De Las Repúblicas
Book Synopsis
£28.45
