Constitution Books
Taylor & Francis Ltd Global Pandemic Security and Human Rights
Book SynopsisThis book presents an international and comparative exploration of how the COVID-19 global pandemic has affected and impacted on issues of human rights, security, and law. Throughout the world, the COVID-19 global pandemic has fundamentally impacted and altered our way of life. As this book sets out, all states have had to contend with similar challenges as well as competing interests and obligations affecting human rights and security. These challenges present very few simple choices but nonetheless carry enormous consequences. Organised into two thematic and distinct yet interrelated parts, first on theoretical and practical challenges for human rights and second on threats to personal, collective, and global security, the book examines how the ability of states to safeguard our fundamental rights and security, broadly defined, has been challenged. Questions about the legality and legal impact of recent responses to COVID-19 will persist for some time. It is often saidTable of ContentsIntroduction1. Human rights and security in the COVID-19 eraPart 1 - Theoretical and Practical Challenges for Human Rights2. COVID-19 and constitutional tensions: Conflicts between the state and the governed3. Human rights in times of emergency: COVID-19 taking the United Kingdom into uncharted territory4. 2020: Human rights in Spain or the end of a legal guarantee? A constitutional crisis5. Managing a pandemic: The securitisation of health and the challenge for fundamental freedoms6. Guaranteeing migrants’ rights in a time of pandemics: The Portuguese exceptionPart 2 - Threats to Personal, Collective and Global Security7. Tax in reverse: Financial support and social security during COVID-198. Subjects of surveillance: Human security and law in the wake of COVID-199. The future of the European Strategy for Data: Impact analysis from the COVID-19 pandemic10. Analysing the use of technology in the fight against COVID-19: A look at China, Taiwan, South Korea, Iceland and Israel from the perspective of ‘Technologies for Freedom’ 11. Virus-laden ships: International rights and obligations of coastal states regarding foreign cruise ships feared to be carrying an infectious disease12. The New Cold War and the (uneven) implications of COVID-19 for international security: The cases of Italy and the UK
£37.99
Taylor & Francis Ltd Decolonizing Constitutionalism
Book SynopsisThe modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law capitalism, colonialism, and heteropatriarchy alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the exTrade ReviewThis is an important edited volume framed by the groundbreaking theoretical work of Professor Boaventura de Sousa Santos. This scholarship has set aside a singular focus on the Eurocentric view of the law and developed in its place an 'epistemology of the South,' based upon the knowledges of those excluded, appropriated, and subject to the violence of the state. The goal of this project is to expand our political imagination to allow for the emergence of alternative forms of politics in oppressed communities. The book makes available the important findings of a collaborative research project on struggles for social justice in the global South. It is based upon a cutting-edge theoretical framework which explores the potential for constitutional change outside of a state-centric approach. The volume provides essential reading for those working in the area of comparative constitutionalism and will stimulate new research and thinking for the next generation of scholars in the field. – Kristin Bumiller, Amherst CollegeThis is an important and very useful contribution to the connected subjects of democracies, social justice and political activism, human rights, law and legal orders, and power and economies across societies. It moves beyond the surface of introduction and explanation of abyssal thinking to a range of post-abyssal possibilities and applications across multiple geographies and peoples with different questions. All the authors take up the challenges of decolonization, decommodification, and ‘depatriarchalization’, and all of the authors ground their writing in the experiences and realities of peoples around the globe. Abyssal thinking proves to be a critical lens in the subject instances of each chapter, and the reader will be able to see how abyssal thinking may be extrapolated to other issues and circumstances. I think this is an outstanding book and I am excited by its publication and availability. – Val Napoleon, University of British ColumbiaStudying constitutions (and other topics) from the perspective of the global South is important and the Epistemologies of the South have been ignored for too long. Its discussion of indigenous voices, especially indigenous women, and indigenous justice is one of the most important contributions of the book. This book adds a vitally important, yet often ignored, dimension to scholarship. It is not only timely but long overdue. – Sumudu Atapattu, University of WisconsinTable of ContentsTable of Contents: Boaventura de Sousa Santos; Sara Araújo; Orlando Aragón Andrade Preface Boaventura de Sousa Santos; Sara Araújo; Orlando Aragón Andrade Introduction Part 1. The vast landscape of constitutionalisms 1. Issa G. Shivji Do Constitutions Matter? The dilemma of a radical lawyer 2. Asifa Quraishi-Landes Healing a wounded Islamic constitutionalism: Sharia, legal pluralism, and unlearning the nation-State paradigm 3. Upendra Baxi Nihilisms, contradictions and anomie in new constitutionalisms: a view from India 4. Rosalva Aída Hernandez Towards a New Transformative Constitutionalism Arising from Indigenous Women? 5. Sara Araújo Modern Constitutionalism, Legal Pluralism and the Waste of Experience Part 2. Post-colonial Transitions: the case of South Africa 6. Heinz Klug Legacies and Latitudes: Past, present and future in South Africa’s post-colonial legal order 7. Albie Sachs Superior courts and the need of transformative jurisprudence. Shared experiences from a South African judge 8. Tshepo Madlingozi On Settler Colonialism and Post-Conquest Constitutionness: The Decolonising Constitutional Vision of African Nationalists of Azania/South Africa Part 3. The return of the abyssally excluded?: The indigenous constitutional struggles in Latin America 9. Salvador Schavelzon Can silence be a constituent? A reading on the indigenous-communitarian constitutionalism of Bolivia 10. Raúl Llasag Fernández Plurinational Constitutionalism: Plurinationality from Above and Plurinationality from Below 11. Nina Pacari Transformational constitutionalism, interculturality and the reform of the state: looking through the eyes of the originary peoples 12. Agustin Grijalva Participation and Presidentialism in the Ecuadorian Constitution of 2008 13. Orlando Aragón Andrade Transforming Transformative Constitutionalism. Lessons from the Political-Legal Experience of Cherán, Mexico 14. Boaventura de Sousa Santos The Law of the Excluded: Indigenous Justice, Plurinationality, and Interculturality in Bolivia and Ecuador Boaventura de Sousa Santos; Sara Araújo, Orlando Aragón Andrade Conclusion
£128.25
CQ Press Constitutional Law for a Changing America
Book Synopsis
£152.00
Picador USA The Three Lives of James Madison
Book SynopsisA sweeping reexamination of the Founding Father who transformed the United States in each of his political livesas a revolutionary thinker, as a partisan political strategist, and as a presidentIn order to understand America and its Constitution, it is necessary to understand James Madison.Walter Isaacson, #1 New York Times bestselling author of Leonardo da VinciOver the course of his life, James Madison changed the United States three times: First, he designed the Constitution, led the struggle for its adoption and ratification, then drafted the Bill of Rights. As an older, cannier politician he co-founded the original Republican party, setting the course of American political partisanship. Finally, having pioneered a foreign policy based on economic sanctions, he took the United States into a high-risk conflict, becoming the first wartime president and, despite the odds, winning.Now Noah Feldman offers an intriguing portrait of t
£27.20
Johns Hopkins University Press Constitutional Calculus
Book SynopsisWhether you are fascinated by history, math, social justice, or government, your interest will be piqued and satisfied by the convincing case Suzuki makes.Trade ReviewA breath of fresh air. It was a reaffirmation that mathematics should be used more often to make general public policy. -- Charles Ashbacher MAA ReviewsTable of ContentsAcknowledgmentsProloguePart I1.21. Stand Up and Be Estimated1.22. (Nearly) Equal Representation1.23. Weighting for a Fair Vote1.24. The Impossibility of Democracy1.4. Dragons and Dummymanders2.1. The Worst Way to Elect a President, Except for All the RestPart IIA4.1. Stop and FriskA4.2. Reverend Thomas Bayes and the LawA5. "The Man of Statistics"A6.1. Despair over DisparityA6.2. Once Is an Accident...A6.3. 12 6 5 10 n-Angry MenA8.1. The Peril and Promise of Social Network AnalysisA8.2. Three Strikes for Three StrikesA8.3. The Price of PunishmentEpilogueSelect Topical BibliographyIndex
£27.45
Johns Hopkins University Press The Alien and Sedition Acts of 1798
Book SynopsisTouching on the major sedition trials while expanding the discussion beyond the usual focus on freedom of speech and the press to include the treatment of immigrants, Halperin's book provides a window through which readers can explore the meaning of freedom of speech, immigration, citizenship, the public sphere, the Constitution, and the Union.Trade ReviewThe book is well researched and extremely well written. And it is teachable-one of the best short texts this reviewer knows of for undergraduate courses in early US history. Highly recommended. Choice an important and intriguing book ForbesTable of ContentsPrologue1. Governing a Republic2. Extreme Revolution, Vexing Immigration3. Partisan Solutions4. Self-Inflicted Wounds5. Equal and Opposite ReactionEpilogueAcknowledgmentsNotesSuggested Further ReadingIndex
£43.00
Johns Hopkins University Press The Alien and Sedition Acts of 1798
Book SynopsisTouching on the major sedition trials while expanding the discussion beyond the usual focus on freedom of speech and the press to include the treatment of immigrants, Halperin's book provides a window through which readers can explore the meaning of freedom of speech, immigration, citizenship, the public sphere, the Constitution, and the Union.Trade ReviewThe book is well researched and extremely well written. And it is teachable-one of the best short texts this reviewer knows of for undergraduate courses in early US history. Highly recommended. Choice an important and intriguing book ForbesTable of ContentsPrologue1. Governing a Republic2. Extreme Revolution, Vexing Immigration3. Partisan Solutions4. Self-Inflicted Wounds5. Equal and Opposite ReactionEpilogueAcknowledgmentsNotesSuggested Further ReadingIndex
£16.65
Simon & Schuster The Burger Court and the Rise of the Judicial
Book Synopsis
£23.71
New York University Press The Fight for Free Speech
Book SynopsisA user's guide to understanding contemporary free speech issues in the United StatesAmericans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user's guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech questionfrom student walkouts for gun safety to Samantha Bee's expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels and then identifies, unpacks, and explains the key Supreme Court Trade Review"A deep dive into 10 precedent-setting legal actions that helped define the scope—and limits—of the First Amendment.... Essential reading for journalists, political activists, and ordinary citizens alike." * Kirkus Reviews (starred) *"Anyone who reads this book will come away with a solid understanding of the dilemmas of free speech law. Readers with no legal training will gain a huge and valuable insight into the complexities of free speech law. This book ought to be required reading for all political leaders..." * Los Angeles Review of Books *"Rosenberg presents challenging, provocative material in an engaging manner.... Anyone interested in the history of free speech and the Supreme Court will enjoy this extensively researched book." * Library Journal *"This book should be required reading for all engaged citizens. My colleague Ian Rosenberg puts vital information about the law in crisp, comprehensible language. You get a tour through history and a primer on your rights in this eminently useful and readable book." -- Dan Harris, co-anchor of the weekend edition of Good Morning America and #1 New York Times bestselling author of 10% Happier"The Fight for Free speech is a must read for anyone, of any age, to understand the stakes for the amendment America’s founders chose to put first, because without it representative democracy dies aborning. The magic of this book is that it is written with the clarity, concision and dynamism vital to make its lessons stick. It is simply a great read, and a powerful one." -- Brooke Gladstone, co-host of WNYC's On the Media"The Fight for Free Speech is a wonderful guide to our free speech rights, serving as an engaging introduction for all readers, and as an illuminating source of insights even for those with expertise in First Amendment law." -- Nadine Strossen, Former President, American Civil Liberties Union, and author of HATE: Why We Should Resist it With Free Speech, Not Censorship"Ian Rosenberg’s riveting portrayal of ten of the Supreme Court’s leading free speech cases is a page-turner! The Fight for Free Speech tells the gripping, behind-the-scenes stories of those whose visions and passion paved the way for their causes to be heard before our country’s High Court." -- Hon. Frederic Block, United States District Judge, and author of Crime & Punishments: Entering the Mind of a Sentencing Judge"The Fight For Free Speech is as clear as its title. In choosing ten areas of enormous conflict with respect to the scope of free expression and describing cases as to each in a manner that the widest range of readers can both understand and enjoy, Ian Rosenberg has done us all a great service. That this book should be released at a time when the First Amendment is under sustained attack makes it all the more valuable." -- Floyd Abrams, Senior Counsel, Cahill Gordon & Reindel, and author of The Soul of the First Amendment"The past greets the present in Ian Rosenberg’s captivating free speech stories. These true-to-life accounts invite readers to reflect on the value of liberty and the price of freedom. Rosenberg’s revealing narratives, based on ten seminal cases, are crafted with the finesse of a gifted writer combined with the acumen of a learned lawyer. Forceful yet thoughtful, credible yet concise, historical yet modern, engaging yet erudite -- they all tumble together in The Fight for Free Speech, a mind-opening book aptly fit for our times." -- Ronald K.L. Collins, editor of First Amendment News & co-author of We Must Not be Afraid to be Free."With verve and aplomb,The Fight for Free Speech reveals actual free speech conflicts on the ground along with the basic First Amendment law they engendered. It is a gift for citizenship." -- Donald A. Downs, Alexander Meiklejohn Professor of Political Science Emeritus, UW-Madison, and author of Free Speech and Liberal Education"Using recent controversies about free expression as his starting point, Ian Rosenberg introduces general readers to classic problems that have defined the constitutional contours of freedom of expression. You don’t need a legal background to learn a great deal from The Fight for Free Speech." -- Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School"The Fight for Free Speech is an accessible but learned survey of the concepts upon which the Constitutional right to free speech rests. Its 10 chapters weave fascinating narratives about the people who stood up for free speech and the Supreme Court Justices who have struggled to understand how and where to delineate the lines that separate this precious freedom from behavior and language that can be prohibited. Rosenberg explores and contextualizes the signature tropes of free speech discourse including the market place of ideas, shouting fire in a crowded theater, rights that don’t stop at the schoolhouse door, prior restraint, the right to parody and hate speech in order to make our ongoing discourse more careful and accurate. The book is a perfect text for college courses in a variety of fields, including history, government, communication, and politics. It is also a challenging book for AP high school classes. Rosenberg beautifully combines the legal discussions with stories of contemporary examples, and leaves plenty of space to add new examples that will surely present themselves on a regular basis. It is guaranteed to start a discussion!" -- Randall Iden, Faculty Director, Master of Science in Communication Program, Northwestern University
£33.25
New York University Press The Presidents and the Constitution Volume One
Book SynopsisShines a light on the constitutional issues that confronted and shaped each presidency from George Washington to the Progressive EraDrawing from the monumental The Presidents and the Constitution: A Living History, published in 2016, the nation's foremost experts in the American presidency and the US Constitution join together to tell the intertwined stories of how the first twenty-seven distinctive American presidents have confronted and shaped the Constitution and thus defined the most powerful office in human history. From George Washington to William Howard Taft, The Presidents and the Constitution, Volume 1 illuminates the evolving American presidency in a unique waythrough the lens of the Constitution itself. Arranged chronologically by president, the book examines the constitutional issues confronting each president in the context of the personalities driving historical events.The contributors illustrate the extensive powers of the American presidency in domestic and foreign aTrade Review"Ken Gormley has connected the Constitutional dots brilliantly, demonstrating the immense concentration of power in the chief executive and the different, often contradictory, ways it has been used or misused. The book is a class in Constitutional Law all by itself. In several crucial ways this is what the 2016 race for the White House was about—who has precisely what power, who shares it, how is it going to be exercised, and what, if any, are its limits." -- Bob Woodward, Associate Editor, the Washington Post"Gormley and his impressive roster of collaborators have abundantly delivered on the promise of this book’s title. The balance between presidential power and presidential accountability is indeed a living history . . . Puts present-day controversies in context and shows how living history isn't about legal abstractions—it is about ambition, conflict, and the consequences and limits of presidential power." -- John Harris, Politico"Everything you ever wanted to know about the Supreme Court and the Presidency but were afraid to ask." -- Nina Totenberg, correspondent for NPR
£16.14
New York University Press Free Speech Beyond Words
Book SynopsisA look at First Amendment coverage of music, non-representational art, and nonsenseThe Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schöenberg's music, and Lewis Carroll's poem Jabberwocky are unquestionably shielded by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting the freedom of speech, even though none involves what we typically think of as speechthe use of words to convey meaning. As a legal matter, the Court's conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as speech for constitutional purposes? What does the difficulty of that question suTrade Review"For someone who does have a deep and abiding interest in [the subject of free speech], or even an interest in the First Amendment in general, this very detailed, well-reasoned work would be an invaluable resource." * Journal of Intellectual and Freedom Privacy *"Free Speech Beyond Words is a deep dive into the First Amendments reach. [It] is rewarding in its meticulous method of analysis. First Amendment scholars will want it as a valuable resource." * Journalism and Mass Communication Quarterly *"This is a valuable introduction to a field that will become only more significant with the development of new media, such as virtual reality and digital mapping, that could merit First Amendment protection." * Publishers Weekly *"The authors of Free Speech Beyond Words turn to other forms of expression that are not literally speech in order to discern some stopping point to prevent tagging everything as speech. [One] lesson to be gleaned from this fine book is that a vibrant First Amendment culture requires a demanding degree of open-mindedness." * Political Science Quarterly *""This thoughtful book takes on the topic of First Amendment coverage of three under-theorized kinds of content: music, non-representational art and nonsense. Even though most everyone assumes these kinds of content are covered by the First Amendment, why should that be so? The book's authors, in the course of addressing many interesting examples, persuasively articulate their doctrinal, philosophical, aesthetic and linguistic approaches to justify such coverage. They thus make important contributions to First Amendment jurisprudence. I confess I am personally very interested in their important project: it has been thirty years since my Wisconsin Law Review article--which they are kind enough to cite--explored the First Amendment and aesthetic justifications for covering non-representational art. I recommend this well-written book not only to First Amendment scholars but to everyone interested in the First Amendment." " -- Sheldon Nahmod,University Distinguished Professor, IIT Chicago-Kent College of Law"Free Speech Beyond Words is a genuine intellectual feast. By its serious consideration of topics at the periphery of most analyses of the First Amendment, such as abstract art or nonsensical speech, it provides deeply illuminating analyses of the wherefores and whys of protecting expression against governmental regulation. In addition, perhaps because of the topics, the essays are simply fun to read as well." -- Sanford Levinson,author of An Argument Open to All: Reading the Federalist in the 21st Century"Most people assume that the First Amendment protects art and music even when they have nothing to do with politics or public issues, and even when they don't use words. Explaining why is another matter. This gem of a book takes us deep into theories of free expression to answer a question that is far more difficult than it first appears." -- Jack Balkin,Yale Law School
£17.09
New York University Press States of Confusion
Book SynopsisShows the maddening difficulties that voter ID requirements create for participants in US democracy and offers concrete solutions for every person's vote and voice to countOver the past decade, and throughout the COVID-19 pandemic, the number of voter ID laws has skyrocketed, limiting the ability of nearly twenty-five million eligible voters from exercising their constitutional right to cast a vote. In States of Confusion, Don Waisanen, Sonia Jarvis, and Nicole Gordon explore this crisis and the difficulties it has created for American voters, offering practical solutions for this increasingly important problem. Focusing on ten states with the strictest voter documentation requirements, the authors show how people face major barriers to exercising their fundamental democratic right to vote and are therefore slipping through the cracks of our electoral system. They explore voter experiences by drawing on hundreds of online surveys, audits of 150 election offices, community focus groups,Trade Review""A detailed study of the many ways in which voter documentation requirements discriminate against voters likely to join the blue column. Essential for voting rights advocates and policymakers."" * Kirkus Reviews *
£22.79
New York University Press Virtual Searches Regulating the Covert World of
Book SynopsisTrade ReviewWell-written, encyclopedic, and persuasive, Virtual Searches offers a fully-formed theory on the Fourth Amendment’s future in the face of new technologies. The rigor and depth of Slobogin’s analysis is rock solid and he offers a clear approach to regulating the hardest questions emerging around new policing technologies. -- Andrew Guthrie Ferguson, author of The Rise of Big Data Policing: Surveillance, Race, and the Future of Law EnforcementCutting-edge and well-written, this is an important book on a critical issue in policing and surveillance, and it presents a number of original ideas that will assist academics and policymakers in navigating these issues. I have never seen any other scholar offer such a comprehensive typology for different types of digital surveillance. -- Ric Simmons, Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz College of Law, The Ohio State UniversityIn a world of pervasive cameras and sensors, data harvesting, and artificial intelligence, what will become of privacy? Steering a middle course between outright bans and hands-off complacency, Christopher Slobogin argues persuasively that different investigative strategies pose different levels of risks and deserve different kinds of oversight. He offers an invaluable road map to new forms of surveillance and a thoughtful set of proposals for how they can and should be regulated in a democratic society. This is essential reading for anyone interested in balancing the interests of privacy and crime control as technology changes the nature of law enforcement. -- David Alan Sklansky, author of A Pattern of Violence: How the Law Classifies Crimes and What It Means for Justice"A leading scholar of the security and privacy implications of digital policing, Slobogin points out that Virtual Searches is not actually about searches—at least not within the legal meaning of the term. And that is exactly the book’s point (as its clever double-entendre of a title suggests): the Supreme Court’s narrow interpretation of a Fourth Amendment 'search' allows police to adopt a vast swath of investigative tactics without having to get a warrant based on probable cause. At the same time, Slobogin recognizes that not all 'virtual searches' are created equal, and he provides a reasonable framework for thinking about how to regulate the different kinds of investigations enabled by existing surveillance technology." -- Emily Berman * Boston Review *
£23.74
New York University Press The Law of Presidential Impeachment
Book SynopsisA clear and comprehensive overview of presidential impeachment from a leading expert in the fieldAs a result of Donald Trump's presidency, impeachment was once again thrust into the spotlight of American political discussion. However, its history goes back to the very founding of the nation, when American colonists, remembering their grievances against their former king, entrenched the process in their new Constitution.The Law of Presidential Impeachment breaks down both the law and politics of this process, providing a comprehensive, nonpartisan, and up-to-date explanation of the Constitution's various mechanisms for holding presidents accountable for their misdeeds. Based on a lifetime of scholarly research, as well as unique experience as a witness and consultant in the impeachment trials of Bill Clinton and Donald Trump, Michael J. Gerhardt's new book takes the reader back to the basics of presidential impeachments. Rather than provide reasons for or ag
£18.99
New York University Press Animus
Book SynopsisAn introduction to the legal concept of unconstitutional bias. If a town council denies a zoning permit for a group home for intellectually disabled persons because residents don't want those kinds of people in the neighborhood, the town's decision is motivated by the public's dislike of a particular group. Constitutional law calls this rationale animus.Over the last two decades, the Supreme Court has increasingly turned to the concept of animus to explain why some instances of discrimination are unconstitutional. However, the Court's condemnation of animus fails to address some serious questions. How can animus on the part of people and institutions be uncovered? Does mere opposition to a particular group's equality claims constitute animus? Does the concept of animus have roots in the Constitution?Animus engages these important questions, offering an original and provocative introduction to this type of unconstitutional bias. William Araiza analyzes some of the modern Supreme CourtTrade Review"By applying historical context to modern issues such as marriage equality, his discussion illuminates why understanding the concept of animus is important for judges and lawyers handling constitutional issues...Learning more about animus and its influence empowers us to work against it both as plaintiff lawyers and as citizens." * Trial *"Animus is thorough yet concise, taking an in-depth look at an area of constitutional law that has often perplexed students and scholars, and explaining it in an easily understandable and readable way...Given the easy-to-read prose and detailed explanations of difficult concepts, the book would also be a good selection for undergraduate courses in constitutional law." * Law Library Journal *"In this thoughtful, carefully reasoned book, William D. Araiza takes on one of the most important issues of contemporary constitutional law: when does a governments targeting of a particular group represent a constitutional wrong? In clear, concise language, Araiza makes the case that all Americans are protected against invidiously motivated government action, where that action amounts to unconstitutional animus. Drawing on a long history of legal thought condemning government actions targeting a particular group for disfavor, Araiza reveals a critical but often overlooked truth: that even today the Supreme Courts decisions offer real opportunities for groups seeking equality protections." -- Katie Eyer,Rutgers Law School"Professor Araiza's fascinating new book helps to illuminate an important and under-theorized area of constitutional law. In clear and jargon-free prose accessible to academics and lay readers alike, Araiza explains how the concept of 'animus' as an impermissible government objective has its roots in the nation's Founding. He also ties together several Supreme Court decisions over the past few decades--especially in the area of gay rights--that have vexed many constitutional analysts. And finally, he offers a way to think about animus that will help courts address future cases where government action appears to be based on simple dislike of a group of people. The book is a significant contribution to our understanding of constitutional law." -- Dale Carpenter,Judge William Hawley Atwell Chair of Constitutional Law and Professor of Law, SMU Law School"Professor Araiza has provided a valuable service in revealing the history and motivations associated with the animus doctrine." * Chronicles *
£22.79
New York University Press Enforcing the Equal Protection Clause
Book SynopsisFor over a century, Congress's power to enforce the Fourteenth Amendment's guarantee of the equal protection of the laws has presented judges and scholars with a puzzle. What does it mean for Congress to enforce such a wide-ranging, open-ended provision when the Supreme Court has insisted on its own superiority in interpreting the Fourteenth Amendment? In Enforcing the Equal Protection Clause, William D. Araiza offers a unique understanding of Congress's enforcement power and its relationship to the Court's claim to supremacy when interpreting the Constitution. Drawing on the history of American thinking about equality in the decades before and after the Civil War, Araiza argues that congressional enforcement and judicial supremacy can co-exist, but only if the Court limits its role to ensuring that enforcement legislation reasonably promotes the core meaning of the Equal Protection Clause. Much of the Court's equal protection jurisprudence stops short of stating such core meaning, tTrade Review"Araizas thoughtful analysis should be read by anyone who is interested in constitutional law and, indeed American politics." * Political Science Quarterly *"This is a serious effort to reconcile Supreme Court doctrine with the original goals of the Enforcement Clause. And its well written, well argued, and eminently readable." -- Douglas Laycock,Robert E. Scott Distinguished Professor of Law, University of Virginia"Araizas book is a significant contribution to the scholarly landscape about equal protection and Congressional power, but its great accomplishment is to shed new light on the two subjects in tandem. . . . Araizas analysis is (characteristically) intelligent. He offers careful doctrinal analysis and a nuanced discussion of flaws in the Courts current approach to Congresss enforcement power. This is academic scholarship of a very high quality." -- Eric Berger,University of Nebraska College of Law"Extremely well-written, well-argued, and well-documented. Araizas prose is a delight, both accessible and sophisticated, no easy feat. . . . Anyone who writes in this area in the future will have to wrestle with Araiza'a persuasive and strong account." -- Eric J. Segall,Kathy and Lawrence Ashe Professor of Law, Georgia State University"InEnforcing the Equal Protection Clause, Araiza does a superb job of filling this literary void and bringing a measure of clarity to the subject Overall,Enforcing the Equal Protection Clauseis an engaging, education, and thought-provoking read." * Choice *"Enforcing the Equal Protection Clauseis a very significant addition to the legal texts on the equal protection clause. Araiza has highlighted some previously ignored aspects of the equal protection clause. He clearly shows it is fundamentally a constitutional issue and within the ambit of Congresss powers. This book is a must-read for both students and experts of constitutional law." * The Washington Book Review *
£48.60
New York University Press Federalism and Subsidiarity
Book SynopsisWhat are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? This book deals with these questions.Trade ReviewThe essays in this volume represent interesting and thoughtful contributions toward a full theorization of the relationship between subsidiarity and federalism within the domestic political paradigm. * Publius *Table of ContentsPreface James E. Fleming and Jacob T. LevyContributors PART I. FEDERALISM, POSITIVE BENEFITS, AND NEGATIVE LIBERTIES 1. Defending Dual Federalism: A Self-Defeating Act Sotirios A. Barber 2. Defending Dual Federalism: A Bad Idea, but Not Self-Defeating Michael Blake 3. The Puzzling Persistence of Dual Federalism Ernest A. Young 4. Foot Voting, Federalism, and Political Freedom Ilya SominPART II. CONSTITUTIONS, FEDERALISM, AND SUBSIDIARITY 5. Federalism and Subsidiarity: Perspectives from U.S. Constitutional Law Steven G. Calabresi and Lucy D. Bickford 6. Subsidiarity, the Judicial Role, and the Warren Court's Contribution to the Revival of State Government Vicki C. Jackson 7. Competing Conceptions of Subsidiarity Andreas Follesdal 8. Subsidiarity and Robustness: Building the Adaptive Ef?ciency of Federal Systems Jenna BednarPART III. THE ENTRENCHMENT OF LOCAL AND PROVINCIAL AUTONOMY, INTEGRITY,AND PARTICIPATION 9. Cities and Federalism Daniel Weinstock 10. Cities, Subsidiarity, and Federalism Loren King 11. The Constitutional Entrenchment of Federalism Jacob T. LevyPART IV. REMAPPING FEDERALISM(S) 12. Federalism(s)' Forms and Norms: Contesting Rights, De-essentializing Jurisdictional Divides, and Temporizing Accommodations Judith ResnikIndex
£55.10
New York University Press At Liberty to Die
Book SynopsisOver the years, average life expectancy in America has nearly doubled, due largely to scientific and medical advances, but also as a consequence of safer working conditions, a heightened awareness of the importance of diet and health, and other factors. This title surveys the constitutional arguments that have driven the right to die debate.Trade Review"A comprehensive and engaging history of the legal and political battles in courts and legislatures to recognize terminally-ill individuals' 'right to die with dignity.' A timely and informed contribution to an important and growing debate." -- David M. O'Brien,Spicer Professor, Department of Politics, University of Virginia"Comprehensive, thoroughly engrossing, surprisingly balanced! At Liberty to Die is certain to become the definitive history of the wrenching debate over physician assisted death. Highly recommended!" -- Tinsley E. Yarbrough,Emeritus professor of Political Science, East Carolina University"In his recently published book, Howard Ball does a superb job of documenting and explaining the key legal principles that frame the right-to-die debate in the United States.At Liberty to Die: The Battle for Death with Dignity in America illustrates clearly that jurisprudential matters are Ball's strong suit, and he plays his cards well, touching on all the key court cases while also covering the battles to enact right-to-die legislation in several states. The writing is crisp; the key points of disagreement are clearly laid out, the coverage is both balanced and comprehensive, and the context of the legal maneuvering provided by Ball throughout make his book an interesting as well as an educational read." -- James M. Hoefler,Political Science Quarterly"Professor Ball provides an informative, thoughtful, and well-documented analysis...deftly set against a portrayal of the changing nature of death and dying in Americaespecially the locus of death and its attendant circumstancesa back story that is essential for understanding the impetus undergirding rights claims during this period." -- Daniel Hillyard,Southern Illinois University Carbondale"In this valuable presentation of a large, important topic, Howard Ball skillfully narrates the history of the key cases and the legal, medical and political developments in a fast-moving process." * Metapsychology *"Ball here makes an important contribution to the growing literature on end-of-life issues with this legal history of the right to die in America....Law and political science students, along with activists, will find this a helpful book owing to its careful analysis of legislative and judicial actions across different states over the last 15 years as well as its careful delineation of the legal issues that animate debates over physician-assisted death." * Library Journal *"Ball's arguments are concise, compelling, and backed with considerable case law. This volume is highly recommended for upper-level undergraduates and above in law, philosophy, and the medical humanities interested in the 'right to die' debates. Summing up: Highly recommended." * Choice *Table of ContentsIntroduction 1 The Changing Nature of Death in America 2 The Plight of the Incompetent Patient in a "Permanent Vegetative State" (PVS) 3 Terri Schiavo's Tragic Odyssey, 1990-2005 4 What Freedom Do We Have to Die with Dignity? The U.S. Supreme Court Decides, 1997 5 The Second Path to PAD: Passing Legislation Allowing Death with Dignity 6 The Pioneering PAD States: Oregon and Washington 7 America's Transplants Notes Cases Cited Bibliography Index About the Author
£22.79
New York University Press Free Speech Beyond Words
Book SynopsisA look at First Amendment coverage of music, non-representational art, and nonsenseThe Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schöenberg's music, and Lewis Carroll's poem Jabberwocky are unquestionably shielded by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting the freedom of speech, even though none involves what we typically think of as speechthe use of words to convey meaning. As a legal matter, the Court's conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as speech for constitutional purposes? What does the difficulty of that question suTrade Review"For someone who does have a deep and abiding interest in [the subject of free speech], or even an interest in the First Amendment in general, this very detailed, well-reasoned work would be an invaluable resource." * Journal of Intellectual and Freedom Privacy *"Free Speech Beyond Words is a deep dive into the First Amendments reach. [It] is rewarding in its meticulous method of analysis. First Amendment scholars will want it as a valuable resource." * Journalism and Mass Communication Quarterly *"This is a valuable introduction to a field that will become only more significant with the development of new media, such as virtual reality and digital mapping, that could merit First Amendment protection." * Publishers Weekly *"The authors of Free Speech Beyond Words turn to other forms of expression that are not literally speech in order to discern some stopping point to prevent tagging everything as speech. [One] lesson to be gleaned from this fine book is that a vibrant First Amendment culture requires a demanding degree of open-mindedness." * Political Science Quarterly *""This thoughtful book takes on the topic of First Amendment coverage of three under-theorized kinds of content: music, non-representational art and nonsense. Even though most everyone assumes these kinds of content are covered by the First Amendment, why should that be so? The book's authors, in the course of addressing many interesting examples, persuasively articulate their doctrinal, philosophical, aesthetic and linguistic approaches to justify such coverage. They thus make important contributions to First Amendment jurisprudence. I confess I am personally very interested in their important project: it has been thirty years since my Wisconsin Law Review article--which they are kind enough to cite--explored the First Amendment and aesthetic justifications for covering non-representational art. I recommend this well-written book not only to First Amendment scholars but to everyone interested in the First Amendment." " -- Sheldon Nahmod,University Distinguished Professor, IIT Chicago-Kent College of Law"Free Speech Beyond Words is a genuine intellectual feast. By its serious consideration of topics at the periphery of most analyses of the First Amendment, such as abstract art or nonsensical speech, it provides deeply illuminating analyses of the wherefores and whys of protecting expression against governmental regulation. In addition, perhaps because of the topics, the essays are simply fun to read as well." -- Sanford Levinson,author of An Argument Open to All: Reading the Federalist in the 21st Century"Most people assume that the First Amendment protects art and music even when they have nothing to do with politics or public issues, and even when they don't use words. Explaining why is another matter. This gem of a book takes us deep into theories of free expression to answer a question that is far more difficult than it first appears." -- Jack Balkin,Yale Law School
£66.60
University of Toronto Press Assisted Reproduction Policy in Canada
Book SynopsisThis is the first major exploration of the Canada's assisted reproduction policy at the national and provincial levels. It explains the reasons that led to the federal government's failed national framework, and the legacy it left behind.Trade Review"Assisted Reproduction Policy in Canada is meticulously researched. Dave Snow is a punchy writer. Much of political science is concerned with answering one question: ‘What drives politics?’ As Assisted Reproduction shows, it is an impulse for government over-reach, a fetish for control and regulation, and a mistaken suspicion that Canadian society is comprised of wolves and sheep." -- Holly Doan * Blacklock’s Reporter *Table of Contents1. Understanding Assisted Reproduction Policy 2. The Royal Commission On New Reproductive Technologies and the Legacy of Past Frames 3. The Assisted Human Reproduction Act Comes to Fruition 4. The Assisted Human Reproduction Act Goes to Court 5. Surrogacy and Parentage Policy in the Provinces 6. Many Actors, Many Policies: Clinical Intervention Policy in Canada 7. Making Sense of Canadian Assisted Reproduction Policy
£48.45
University of Toronto Press Assisted Reproduction Policy in Canada
Book SynopsisThe world has undergone a revolution in assisted reproduction, as processes such as in vitro fertilization, embryonic screening, and surrogacy have become commonplace. Yet when governments attempt to regulate this field, they have not always been successful. Canada is a case in point: six years after the federal government created comprehensive legislation, the Supreme Court of Canada struck it down for violating provincial authority over health. In Assisted Reproduction Policy in Canada, Dave Snow provides the first historical exploration of Canadian assisted reproduction policy, from the 1989 creation of the Royal Commission on New Reproductive Technologies to the present day. Snow argues the federal government’s policy failure can be traced to its contradictory policy framing, which sent mixed messages about the purposes of the legislation. In light of the federal government’s diminished role, Snow examines how other institutions have made policy in thTrade Review"Assisted Reproduction Policy in Canada is meticulously researched. Dave Snow is a punchy writer. Much of political science is concerned with answering one question: ‘What drives politics?’ As Assisted Reproduction shows, it is an impulse for government over-reach, a fetish for control and regulation, and a mistaken suspicion that Canadian society is comprised of wolves and sheep." -- Holly Doan * Blacklock’s Reporter *Table of Contents1. Understanding Assisted Reproduction Policy 2. The Royal Commission On New Reproductive Technologies and the Legacy of Past Frames 3. The Assisted Human Reproduction Act Comes to Fruition 4. The Assisted Human Reproduction Act Goes to Court 5. Surrogacy and Parentage Policy in the Provinces 6. Many Actors, Many Policies: Clinical Intervention Policy in Canada 7. Making Sense of Canadian Assisted Reproduction Policy
£23.39
University of Toronto Press Governmental and Intergovernmental Immunity in
Book SynopsisAs the state comes to play a larger role in the community the question of the extent to which government is subject to the general law of the land assumes increasing importance. This book examines the limits of two related forms of state immunity: crown or governmental immunity from statue and intergovernmental immunity. The first results from the rule of statutory construction that the crown, representing the executive government, is not bound by legislation except by express words or necessary implication. The second is of a constitutional order and provides a degree of freedom to each level of authority in a federal system from the laws of the other level of authority.The author considers, in separate chapters, the effect which statues can have upon a government when it confronts the legal system in tort proceedings, in criminal actions, as a party to a contract, as a creditor, and as a potential taxpayer. Some of the particular questions that are canvassed are as follows: can t
£21.59
Cornell University Press Constitutional Dysfunction on Trial
Book SynopsisIn an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes.As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire leaving Congress as aTrade ReviewThis is an important book for anyone concerned about the health of the constitutional order. [This book is] an essential resource for those who need a crash course in separation of powers litigation and its efficacy. * Congress & the Presidency *Farrier's work could not be more relevant than it is in the present politically charged environment, an environment in which tribalism rules and people believe their own 'facts.' Required reading for everyone who cares about democracy in the US. * Choice *Jasmine Farrier's Constitutional Dysfunction on Trial considers the efficacy of one potential check on presidential power—member suits, or lawsuits by legislators seeking judicial correction of executive violations of separation-of-powers principles. Her analysis leads to an ultimately pessimistic view of the vibrancy (and potentially the viability) of the separation of powers in contemporary U.S. politics. * Political Science Quarterly *Jasmine Farrier's work demonstrates the incredible restraint among judges in the federal system when it comes to addressing separation-of-powers questions, especially when members of Congress bring suits against the president. [T]his book makes an excellent and unique contribution to a very well-researched field. A number of audiences will benefit from reading Farrier's careful analysis of American constitutionalism and the separation of powers. * Perspectives on Politics *Table of ContentsIntroduction: Systemic Constitutional Dysfunction 1. War Is Justiciable, Until It Isn't 2. Suing to Save the War Powers Resolution 3. Legislative Pro cesses Are Constitutional Questions 4. Courts Cannot Unknot Congress 5. Silence Is Consent for the Modern Presidency 6. So Sue Him Conclusion: Lawful but Awful Acknowledgments Notes References Index
£97.20
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
£17.09
Cornell University Press Constitutional Dysfunction on Trial
Book SynopsisIn an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes.As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire leaving Congress as aTrade ReviewThis is an important book for anyone concerned about the health of the constitutional order. [This book is] an essential resource for those who need a crash course in separation of powers litigation and its efficacy. * Congress & the Presidency *Farrier's work could not be more relevant than it is in the present politically charged environment, an environment in which tribalism rules and people believe their own 'facts.' Required reading for everyone who cares about democracy in the US. * Choice *Jasmine Farrier's Constitutional Dysfunction on Trial considers the efficacy of one potential check on presidential power—member suits, or lawsuits by legislators seeking judicial correction of executive violations of separation-of-powers principles. Her analysis leads to an ultimately pessimistic view of the vibrancy (and potentially the viability) of the separation of powers in contemporary U.S. politics. * Political Science Quarterly *Jasmine Farrier's work demonstrates the incredible restraint among judges in the federal system when it comes to addressing separation-of-powers questions, especially when members of Congress bring suits against the president. [T]his book makes an excellent and unique contribution to a very well-researched field. A number of audiences will benefit from reading Farrier's careful analysis of American constitutionalism and the separation of powers. * Perspectives on Politics *Table of ContentsIntroduction: Systemic Constitutional Dysfunction 1. War Is Justiciable, Until It Isn't 2. Suing to Save the War Powers Resolution 3. Legislative Pro cesses Are Constitutional Questions 4. Courts Cannot Unknot Congress 5. Silence Is Consent for the Modern Presidency 6. So Sue Him Conclusion: Lawful but Awful Acknowledgments Notes References Index
£26.09
Stanford University Press The Specter of Dictatorship: Judicial Enabling of
Book SynopsisReveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.Trade Review"David Driesen has written an eloquent and powerful account of the Framers' concern about 'tyranny' and their profound commitment to democracy. His careful historical scholarship and deft analysis of doctrine demonstrate clearly the ways that growing presidential power has imperiled this principle. An urgent and compelling read not just for today's crises, but for understanding the basic dynamics of American democracy and its antagonists." -- Aziz Z. Huq * University of Chicago Law School *"A book for our troubled times. Blending history, law, and politics, David Driesen situates the Trump presidency in the alarming global trend toward autocracy and diagnoses what currently ails democracy in America. Richly detailed, highly informative, and deeply contextual, this book is required reading to understand the forces threatening the liberal democratic values of modern constitutionalism." -- Richard Albert * The University of Texas at Austin *"Constitutional drafters often establish semi-autonomous executive institutions to serve as guardrails of democracy. Over the past several decades, conservative lawyers and judges in the U.S. have systematically targeted such bureaucratic independence as inconsistent with the constitutional theory of a 'unitary executive.' Driesen masterfully lays bare the previously underappreciated role played by unitary executive theory in ongoing processes of democratic erosion." -- Thomas M. Keck * Syracuse University *Table of ContentsContents and AbstractsIntroduction: chapter abstractThis chapter explains that this book will analyze excessive presidential power's potential to undermine democracy by exploring democratic decline primarily in Hungary, Turkey, and Poland. It outlines the book's major lesson: the head of state plays a key role in establishing autocracy by establishing unimpeded control over the executive branch in keeping with the American unitary executive theory, often accelerated through use of emergency powers. It outlines the book's argument that the U.S. Supreme Court has augmented executive power in dangerous ways and describes its principal recommendations for taking the potential for autocracy into account in adjudicating separation-of-powers cases. It summarizes each chapter's contribution to this argument. 1Avoiding Tyranny at the Founding chapter abstractThis chapter establishes that the Founders of this nation shared a goal of avoiding a future drive to autocracy and suggests that this intention should guide the Supreme Court's treatment of presidential power. It explains the controversy over whether the Founders embraced the unitary executive theory and shows that they did not expressly grant emergency powers to the President in the Constitution. It introduces the concept of original intent and explains that it increasingly influences judges and constitutional scholarship, making this chapter's treatment of the creation of the Constitution important to establishing room to take lessons from democracy loss abroad into account in adjudication of separation of powers disputes. 2The Rise of Presidential Power chapter abstractThis chapter provides an account of the rise of presidential power from the Founding through the late twentieth century. It explores the historical roots of the fear that presidential control over the executive branch of government and the growth of presidential emergency powers would undermine democracy and the rule of law. It canvasses the controversies (judicial and political) over presidential removal of federal officials from office (which the unitary executive theory insists must be free from restriction), from Andrew Jackson's effort to circumvent legislation creating the National Bank to Richard Nixon's attempt to thwart investigation of crimes undertaken to tilt the electoral playing field. It explains how congressional delegation of authority has enhanced the President's power over time. It also shows that the Supreme Court imposed constraints on emergency powers throughout this period, recognizing this presidential power as dangerous to democracy. 3Declining to Adjudicate Claims Against the President chapter abstractThis chapter explains that the courts have augmented presidential power by frequently refusing to adjudicate claims that the President has exceeded his constitutional authority. It explains the key justiciability doctrines that the courts have used to shield Presidents from allegations of misconduct—standing, ripeness, and the political question doctrine. It establishes that the courts have applied these doctrines quite strictly, and sometimes grossly distorted them, to shield allegations of presidential usurpation of power from judicial scrutiny. At the same time, it has been quite liberal in entertaining challenges to congressional efforts to check and balance the executive branch. It shows that the courts' refusal to entertain challenges to unilateral presidential wars has aided the transfer of the war power from Congress to the President. 4Implied Presidential and Congressional Power chapter abstractThis chapter explains that the modern Supreme Court has generously granted the President extensive implied powers at the expense of Congress, while declining to apply the implied-powers doctrine to sustain efforts by Congress to check the executive branch. It shows that the Court's implied-powers jurisprudence has not only expanded the President's foreign affairs power, but also eroded checks and balances domestically. It emphasizes the role of the unitary executive theory and the legislative veto in undermining checks on emergency powers and undermining of the rule of law. This chapter fills a gap in the literature by defining the concept of implied power. It shows that propresidential bias in the Court's treatment of constitutional custom, means/ends reasoning, and congressional intent helps explain the asymmetric results of the Court's implied-power jurisprudence. 5The Specter of Dictatorship: Poland, Hungary and Turkey chapter abstractThis chapter, the heart of the book, examines the role of executive power in undermining democracy in Poland, Hungary, and Turkey. In all three cases, creation of centralized control over the executive branch of government paved the way for autocracy, leading to politicized use of prosecution to undermine political opponents, shrinking of the media available to dissenters, and tilting the electoral playing field. This analysis focuses primarily on centralization of control over prosecution, media authorities, and electoral commissions. In Hungary and Turkey, abuse of emergency powers accelerated the establishment of autocracy. These countries' autocrats eroded democracy with the support of a political party enjoying the support of at least a substantial minority of voters. Party members in Parliament helped destroy democracy by voting in lockstep fashion to support "reforms" undermining independent agencies and prosecutorial independence. 6Parallels to America's Democratic Erosion chapter abstractThis chapter examines the extent to which America's democratic erosion mirrors that of Hungary, Turkey, and Poland. It explains that acceptance of the unitary executive theory has significantly undermined the rule of law, just as centralization of power has in the case studies. It analyzes the extent to which we have emulated the autocracies in tilting the electoral playing field and undermining independent media. It explains that partisan division has led to a breakdown of deliberative democracy very similar to that seen Chapter 5's case studies. It also analyzes our vulnerability to judicial capture and abuse of the war power. It argues that judges lack the capacity to predict the extent of democratic decline, given its complexity and the role of unpredictable shocks in stimulating autocracy, but that we have serious long-term vulnerabilities. 7Judicial Treatment of Presidential Power in an Age of Democratic Decline chapter abstractThis chapter discusses the factors that should influence the courts' separation-of-powers cases. Generally, it counsels judges to give more weight to the possibility of democratic decline than to potential policy mistakes, and to allow for the possibility of presidential bad faith. It shows that national security means protecting the American People's control over the government, not just preventing of physical attacks. It suggests rejecting or limiting the reach of the unitary executive theory, bolstering presidential legal accountability, and relying less on justiciability doctrines to shield presidential actions from judicial review. It also analyzes the role of judicial decision making in protecting and restoring democracy, showing that judicial decisions can aid political forces seeking to preserve or revive an ailing democracy. Conclusion: chapter abstractThis chapter briefly recapitulates the book's lessons. It affirms that the judiciary can and should contribute to democracy protection by considering the possibility of presidential bad faith in making decisions, since the presidency, not the judiciary, constitutes the principal threat to democracy. It calls for the judiciary to reject or at least limit the unitary executive theory, to think of national security in terms of preserving popular sovereignty, and to relax justiciability barriers to adjudicating challenges to excessive presidential power. It argues that the tendency to think of autocracy as a product of a coup, instead of as the product of gradual democratic decline, can blind us to the possibility of autocracy in America, but that signs of serious democratic decline abound. It suggests that judges need to take the possibility of losing a democracy as seriously as the founders of this country did.
£79.20
Stanford University Press Our Non-Christian Nation: How Atheists,
Book SynopsisLess and less Christian demographically, America is now home to an ever-larger number of people who say they identify with no religion at all. These non-Christians have increasingly been demanding their full participation in public life, bringing their arguments all the way to the Supreme Court. The law is on their side, but that doesn't mean that their attempts are not met with suspicion or outright hostility. In Our Non-Christian Nation, Jay Wexler travels the country to engage the non-Christians who have called on us to maintain our ideals of inclusivity and diversity. With his characteristic sympathy and humor, he introduces us to the Summum and their Seven Aphorisms, a Wiccan priestess who would deck her City Hall with a pagan holiday wreath, and other determined champions of free religious expression. As Wexler reminds us, anyone who cares about pluralism, equality, and fairness should support a public square filled with a variety of religious and nonreligious voices. The stakes are nothing short of long-term social peace.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.
£15.29
SAGE Publications Inc Constitutional Law for a Changing America: A
Book SynopsisDrawing on political science as much as from legal studies, Constitutional Law for a Changing America helps students realize that Supreme Court cases are more than just legal names and citations. Ideal for a one-semester course, the Short Course offers all of the hallmarks of the Rights and Powers volumes in a more condensed format. The authors are known for fastidious revising and streamlining of decisions. A recipient of 12 grants from the National Science Foundation for her work on law and legal institutions, Lee Epstein has authored or co-authored over 100 articles and essays, as well as 15 books, and received the Teaching and Mentoring Award from the Law and Courts Section of the American Political Science Association. Additionally, Thomas G. Walker is the Goodrich C. White Professor of Political Science at Emory University and co-author of A Court Divided, which won the V. O. Key, Jr. Award for the best book on southern politics. Trade Review"Constitutional Law for a Changing America: A Short Course continues to be one of the best and most balanced books on the market. Epstein and Walker do a very good job of editing the opinions for clarity and using political science scholarship to present the clearest picture of the study of public law of any book geared towards an undergraduate audience." -- Naser L. JavaidTable of ContentsChronological Table of Cases Tables, Figures, and Boxes Preface I. THE U.S. CONSTITUTION An Introduction to the U.S. Constitution 1. THE LIVING CONSTITUTION The Amendment Process The Supreme Court and the Living Constitution 2. UNDERSTANDING THE U.S. SUPREME COURT Processing Supreme Court Cases Supreme Court Decision Making: Legalism Supreme Court Decision Making: Realism Conducting Research on the Supreme Court II. INSTITUTIONAL AUTHORITY Structuring the Federal System 3. THE JUDICIARY Establishment of the Federal Judiciary Judicial Review Constraints on Judicial Power Constraints on Judicial Power and the Separation of Powers System 4. THE LEGISLATURE Article I: Historical Overview Members of Congress: Qualifications, Immunity, and Discipline The Sources and Scope of Legislative Powers Congress and the Separation of Powers 5. THE EXECUTIVE Selection and Formal Powers The Domestic Powers of the President The President and Foreign Affairs III. NATION-STATE RELATIONS Allocating Government Power 6. FEDERALISM Federal Power, State Sovereignty, and the Tenth Amendment The Taney Court and the (Re)Emergence of States’ Rights The Post–Civil War Era and the Return of Dual Federalism The (Re)Emergence of National Supremacy: Cooperative Federalism Return of (a Milder Form of) Dual Federalism The Eleventh Amendment 7. THE COMMERCE POWER Foundations of the Commerce Power Attempts to Define the Commerce Power in the Wake of the Industrial Revolution The Supreme Court and the New Deal The Era of Expansive Commerce Clause Jurisprudence Limits on the Commerce Power: The Republican Court Era 8. THE POWER TO TAX AND SPEND The Constitutional Power to Tax and Spend Direct Taxes and the Power to Tax Income Intergovernmental Tax Immunity Taxation as a Regulatory Power Taxing and Spending for the General Welfare IV. ECONOMIC LIBERTIES Economic Liberties and Individual Rights 9. THE CONTRACT CLAUSE The Framers and the Contract Clause John Marshall and the Contract Clause The Decline of the Contract Clause Modern Applications of the Contract Clause 10. ECONOMIC SUBSTANTIVE DUE PROCESS The Development of Substantive Due Process The Roller-Coaster Ride of Substantive Due Process: 1898–1923 The Heyday of Substantive Due Process: 1923–1936 The Depression, the New Deal, and the Decline of Economic Substantive Due Process Substantive Due Process: Contemporary Relevance 11. THE TAKINGS CLAUSE Protecting Private Property from Government Seizure What Constitutes a Taking? Public Use Requirement V. CIVIL LIBERTIES Approaching Civil Liberties 12. RELIGION: EXERCISE AND ESTABLISHMENT Free Exercise of Religion Religious Establishment 13. FREEDOM OF SPEECH, ASSEMBLY, AND ASSOCIATION The Development of Legal Standards: The Emergence of Law in Times of Crisis Contemporary Tests and Constitutional Guidelines Content and Contexts 14. FREEDOM OF THE PRESS Prior Restraint News Gathering and Special Rights The Boundaries of Free Press: Libel, Obscenity, and Emerging Areas of Government Concern Regulating the Internet 15. THE RIGHT TO KEEP AND BEAR ARMS Initial Interpretations The Second Amendment Revisited 16. THE RIGHT TO PRIVACY The Right to Privacy: Foundations Reproductive Freedom and the Right to Privacy: Abortion Private Activities and the Application of Griswold VI. THE RIGHTS OF THE CRIMINALLY ACCUSED The Criminal Justice System and Constitutional Rights 17. INVESTIGATIONS AND EVIDENCE Searches and Seizures The Fifth Amendment and Self-Incrimination 18. ATTORNEYS, TRIALS, AND PUNISHMENTS The Right to Counsel Fair Trials Trial Proceedings Sentencing and the Eighth Amendment Posttrial Stages VII. CIVIL RIGHTS Civil Rights and the Constitution 19. DISCRIMINATION Race Discrimination and the Foundations of Equal Protection Modern-Day Treatment of Equal Protection Claims Strict Scrutiny and Claims of Race Discrimination Heightened Scrutiny and Claims of Gender Discrimination Discrimination Based on Sexual Orientation Discrimination Based on Economic Status 20. VOTING AND REPRESENTATION Voting Rights Contemporary Restrictions on the Right to Vote Election Campaign Regulation Political Representation The 2000 Presidential Election Reference Material Constitution of the United States The Justices Glossary Online Case Archive List Case Index Subject Index About the Author
£109.11
Bloomsbury Publishing PLC The Rule of Law in the United States: An
Book SynopsisWhat is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This open access book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by Northwestern University Pritzker School of Law and the Northwestern Open Access Fund, provided by Northwestern University Libraries.Table of ContentsIntroduction: Is America the Paragon of the Rule of Law? The Methodological Problem: What is the Rule of Law, Anyway? The Black Liberation Rule of Law Where We’re Going 1. Madison’s Theory of General Law versus Property and Slavery The Special Position of Property The Affinity between Republican Property and Liberal Property Republican Property and Slavery Slavery as Lawlessness Slavery as Property Internal Tensions in the Law of Slavery as Property The Impossibility of Holding Slavery within its Bounds Dred Scott as the Triumph of Property Over Personhood Slavery, Land, and Territorial Expansion 2. The Fugitive Slave Acts, Judicial Independence, and the Jury Judicial Independence and the Jury Juries as Popular Legalism Fugitive Slave Act of 1850: The Return of the Vice-Admiralty Court The Rule of Law Debate about Northern Resistance to Slavery The Inevitability of the State of War 3. Reconstruction and the Black Liberation Rule of Law Black Authorship of the Reconstruction Amendments Martin Luther King Jr, Rule of Law Theorist Due Process and Equal Protection Due Process: The Protections of Judicial Procedure Pushing the Bounds of What We Call ‘Property’ The Problem of Substantive Due Process Equal Protection and General Law The Anti-Classification Response to the Problem of Generality Process and Protection Together: The Path Not Taken 4. Turning the Constitution Around: Black Liberation and the Rule of Law in the Last Century Judge Lynch’s Affront to the Rule of Law The Second Liberation Movement: From Anti-Lynching to Criminal Justice From the Black Panthers to the Movement for Black Lives 5. Security and Discretion: The Problem of Executive Power Police as Executives: The Problem of Discretion in Street-Level Criminal Justice Ex Ante Police Discretion: Street-Level Arbitrary Power Ex Post Police Discretion: The Qualified Immunity Doctrine Segregation and Policing: How Property Rights and Local Quasi-Federalism Can Undermine the Rule of Law From Policing to National Security Presidential Power in the National Security State The Schmittian Dilemma 6. The Gavel and the Fist: The Problem of Sovereignty and Borders The Plenary Power The Courts of the Conqueror Expropriation in the Schmittian Judiciary The Plenary Power Doctrine is Indefensible Immigration ‘Court’: Barely Adjudication at All Expedited Removal: For When Executive Adjudication is Still Too Fair The Tendency of Arbitrary Power to Metastasize Throughout the Legal System Immigration Outlawry Harms Citizens Too Immigration Outlawry Corrupts the System as a Whole Lawless Racism: The Challenge to Birthright Citizenship Conclusion: Is there Any Hope for an American Rule of Law? The Washington Consensus: Here Comes Property Again The Crisis of the American Rule of Law: Reflections on Donald Trump The Danger of Legal Alienation
£40.84
Bloomsbury Publishing PLC Proportionality and Facts in Constitutional
Book SynopsisThis book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these ‘facts’ vis-à-vis the facts that arise in the course of ordinary litigation. The book’s central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book’s analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.Trade ReviewDr Anne Carter [has] provided ... valuable contributions to the literature considering the role of structured proportionality in the Australian constitutional context. -- Bar NewsDr Carter’s book is an invaluable tool for constitutional litigators. -- Michael Wait SC, Solicitor-General for South Australia * AUSPUBLAW *Table of Contents1. Introduction I. Proportionality and Facts A. What is Proportionality? B. Proportionality in Australia C. Why Facts Matter II. The Aim and Scope of this Book III. Methodology and Comparative Context A. Choice of Comparators B. The Australian Constitutional Framework C. The Comparative Context IV. The Structure of the Book 2. The Fact-Dependent Nature of Proportionality I. Proportionality: A Structured Approach A. Legitimate Aim B. Suitability C. Necessity D. Balancing II. The Nature of Proportionality Reasoning A. Types of Decisions Involved in Assessing Proportionality B. Factual Elements in Proportionality III. Conclusion: Proportionality and Facts 3. Understanding Facts I. What are Facts? II. Classifying Facts A. Kenneth Culp Davis and the Distinction between Adjudicative Facts and Legislative Facts B. ‘Legislative Facts’ and their Alternatives C. Evaluating the Categories III. Facts and Proportionality A. The Suitability Stage: Purpose and Rational Connection B. The Necessity Stage: Predictions and Counterfactuals C. Balancing and Facts IV. Conclusion 4. Proportionality and Facts in Comparative Perspective I. Proportionality Compared II. Recognising Facts? A. The Relevance of Facts B. Differentiating Facts: The Various Stages of Proportionality Analysis III. Finding Facts? A. Informing the Court B. Deference to the Legislature IV. Conclusion 5. Proportionality in Australian Constitutional Law I. The Australian Adoption of Proportionality II. The Development of Proportionality A. The Development of Different Tests B. ‘Appropriate and Adapted’ versus ‘Proportionality’? C. McCloy and the Advent of Structured Proportionality III. Evaluating Proportionality A. Balancing B. Levels of Scrutiny IV. Conclusion 6. The Factual Basis of Proportionality in Australia I. Recognising Facts II. Facts and the Framing of Constitutional Tests A. Reasonably Capable of Being Considered Appropriate and Adapted B. Reasonably Appropriate and Adapted C. Reasonably Necessary D. Structured Proportionality III. The Correlation between Proportionality and Facts? IV. Conclusion 7. Procedural Implications I. The High Court’s Existing Approach: Limitations and Unresolved Issues A. High Court Procedures and their Limitations B. Unresolved Issues II. Recognising Facts: Implications for Procedure A. The Suitability Stage B. The Necessity and Balancing Stages III. Changing Facts and the Problem of Precedent IV. Conclusion 8. Conclusion: Why Facts Matter
£40.84
Bloomsbury Publishing PLC Constitutional Foundings in Northeast Asia
Book SynopsisThis new book in the Constitutionalism in Asia series considers the idea of origins, and of change and continuity in terms of ‘constitution-making’, which is an on-going process in the Northeast Asian states. The book examines the drafting, nature, core values, and roles of the first modern constitutions during the founding of the 8 modern states/territories in Northeast Asia: China (1949), Taiwan (1947), Hong Kong SAR (1997), Macau SAR (1999), Japan (1889), North Korea (1948 and 1972), South Korea (1948), and Mongolia (1924). The collection provides: - an exploratory description of the process and substantive inputs in the making of the first constitutions of these nations/territories; - analysis of the internal and external (including intra-regional) forces surrounding the making of these constitutions; and - theoretical construction of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states/territories and their subsequent impact on state-building in the region.Trade ReviewAs the first book to examine all the first constitutions of Northeast Asia, this volume fills a long-empty gap in comparative and Asian studies literature with quality and style. * Australian Journal of Asian Law *Table of Contents1. Northeast Asian Constitutional Foundings: The Weight of History Kevin YL Tan, National University of Singapore 2. The 1954 Constitution of China: Empire State-Building Humphrey Ko, University of Hong Kong 3. The Making of the Constitutional Order of the Hong Kong SAR: The Role of Sino-British Diplomacy (1982–90) Albert HY Chen, University of Hong Kong, and Michael Ng, University of Hong Kong 4. Macao’s Constitutional Founding Xiaobo Zhai, University of Macau 5. The Birth of the Constitution of the Republic of China Chien-Chih Lin, Institutum Iurisprudentiae, Academia Sinica, Taiwan 6. The Meiji Constitution and Japan’s Emergence in the International Order, 1853–1905 Kentaro Matsubara, University of Tokyo, Japan 7. Thirty Years Old at Birth? The Constitutional Founding of the Republic of Korea Chaihark Hahm, Yonsei University, South Korea 8. Constitutional Founding of the Democratic People’s Republic of Korea Erik Mobrand, Seoul National University, South Korea 9. The 1924 Constitution: Towards the Modernisation of Mongolia Amarsanaa Batbold, National University of Mongolia and Chadraabal Unurbayar, National University of Mongolia
£40.84
Random House USA Inc The Most Dangerous Branch: Inside the Supreme
Book Synopsis
£15.30
Nova Science Publishers Inc The Alien Tort Claims Act
Book SynopsisThe Alien Tort Claim Act, aka the Alien Tort Statute, was part of the Judiciary Act of 1789. Only in 1980 did the U.S. federal courts find any significant meaning in it. Initially, the ATCA applied to violations of basic rules of international law, such as piracy. It was applied at the beginning of 1980 to human rights violations. Its meaning was expanded to incorporate liability, but in 2013 the U.S. Supreme Court ended such lawsuits.
£113.59
Rowman & Littlefield Finding the Truth with Criminal Investigation:
Book SynopsisThe way a crime is defined is through criminal investigation. Criminal investigation is a multi-faceted effort that involves the study of facts presented by a criminal act or pattern of criminal conduct. These facts are then used to identify, locate and prove the guilt or innocence of a person or persons. Criminal investigation is usually carried out by a law enforcement agency using all of the resources available to discover, locate or establish evidence proving and verifying the relevant facts for presentation to a Court or other judicial authority. But how are these facts discovered? What resources do law enforcement use to uncover them? What is the process for a successful criminal investigation? In fact, how can we even define what is “criminal” in the first place? Daniel A. Reilly answers all these important questions, while providing the step by step process to gather facts, information, data, and evidence. Finding the Truth with Criminal Investigation is intended to answer all of the questions of who, what, where, when, why and how a violent crime occurred and/or was committed. It is intended for students in the field of criminal justice who wish to become criminal investigators – exposing them to the tools and processes needed to conduct a proper criminal investigation, but also real-life of working to support others as a team. Reilly spent a great deal of his professional life working on homicide cases, and he offers students his expertise in criminal investigation by successfully incorporating real-world context throughout this book.Trade ReviewDan Reilly has created a comprehensive and informative book with Finding the Truth with Criminal Investigations. Reilly has taken the time to not only detail the important steps and pitfalls in law enforcement criminal investigations but, to weave his work and life experience into cautionary lessons and instruction a layperson can understand. As a retired law enforcement professional and instructor in criminal investigations, I found a plethora of text books on this subject but, not one that presents the material with the tradecraft so clearly explained and detailed. In my opinion, Reilly’s book is a well-organized compilation of facts and experience, honed from years of professional public service to citizens from all walks of life – most especially the victims and their friends and families. Law enforcement professionals take pride in establishing integrity and a sense of duty to their work but the most significant and singular thread is their desire to serve the victims. Finding the Truth with Criminal Investigations: Suspect, Subject, Defendant follows that tradition as well. -- Steven D. Remick, Retired 1st Lieutenant, Loudoun County Sheriff's Office, VAReilly has fashioned an ambitious text that follows the development, progression, and closure of criminal investigations through the experienced lens of a seasoned specialist in the field. -- Lindsay Nelson, MS, Department of Criminal Justice, California State University, BakersfieldAs a homicide detective for 18 years, and an adjunct college instructor for 15, I really appreciate this text. I believe the goal of every investigation is only to prove the truth, and I really appreciate the title of this text as well as the content! Finding the Truth with Criminal Investigation is practical, real, and understandable without any trendy filler. -- Ivan M. Kaminsky, Adjunct Professor, Administration of Justice, Mesa Community CollegeFinding the Truth with Criminal Investigation lays the foundation for the untrained investigator. It is a how-to book for the student lacking criminal investigation experience. Reilly covers the main areas needed for an investigation, covering evidence, criminal law, forensic evidence, constitutional law and interviewing techniques. Also emphasizes that criminal investigations is a team effort. -- Michael J. Palmiotto, PhD, Professor Emeritus, Wichita State University
£85.50
Rowman & Littlefield Finding the Truth with Criminal Investigation:
Book SynopsisThe way a crime is defined is through criminal investigation. Criminal investigation is a multi-faceted effort that involves the study of facts presented by a criminal act or pattern of criminal conduct. These facts are then used to identify, locate and prove the guilt or innocence of a person or persons. Criminal investigation is usually carried out by a law enforcement agency using all of the resources available to discover, locate or establish evidence proving and verifying the relevant facts for presentation to a Court or other judicial authority. But how are these facts discovered? What resources do law enforcement use to uncover them? What is the process for a successful criminal investigation? In fact, how can we even define what is “criminal” in the first place? Daniel A. Reilly answers all these important questions, while providing the step by step process to gather facts, information, data, and evidence. Finding the Truth with Criminal Investigation is intended to answer all of the questions of who, what, where, when, why and how a violent crime occurred and/or was committed. It is intended for students in the field of criminal justice who wish to become criminal investigators – exposing them to the tools and processes needed to conduct a proper criminal investigation, but also real-life of working to support others as a team. Reilly spent a great deal of his professional life working on homicide cases, and he offers students his expertise in criminal investigation by successfully incorporating real-world context throughout this book.Trade ReviewDan Reilly has created a comprehensive and informative book with Finding the Truth with Criminal Investigations. Reilly has taken the time to not only detail the important steps and pitfalls in law enforcement criminal investigations but, to weave his work and life experience into cautionary lessons and instruction a layperson can understand. As a retired law enforcement professional and instructor in criminal investigations, I found a plethora of text books on this subject but, not one that presents the material with the tradecraft so clearly explained and detailed. In my opinion, Reilly’s book is a well-organized compilation of facts and experience, honed from years of professional public service to citizens from all walks of life – most especially the victims and their friends and families. Law enforcement professionals take pride in establishing integrity and a sense of duty to their work but the most significant and singular thread is their desire to serve the victims. Finding the Truth with Criminal Investigations: Suspect, Subject, Defendant follows that tradition as well. -- Steven D. Remick, Retired 1st Lieutenant, Loudoun County Sheriff's Office, VAReilly has fashioned an ambitious text that follows the development, progression, and closure of criminal investigations through the experienced lens of a seasoned specialist in the field. -- Lindsay Nelson, MS, Department of Criminal Justice, California State University, BakersfieldAs a homicide detective for 18 years, and an adjunct college instructor for 15, I really appreciate this text. I believe the goal of every investigation is only to prove the truth, and I really appreciate the title of this text as well as the content! Finding the Truth with Criminal Investigation is practical, real, and understandable without any trendy filler. -- Ivan M. Kaminsky, Adjunct Professor, Administration of Justice, Mesa Community College
£42.75
Basic Books To End a Presidency: The Power of Impeachment
Book Synopsis
£14.39
Aspen Publishing Casenote Legal Briefs for Constitutional Law
Book Synopsis
£55.05
Aspen Publishing First Amendment: [Connected Ebook]
Book Synopsis
£242.23
Aspen Publishing American Constitutional Law: Powers and
Book Synopsis
£72.00
Aspen Publishing Gender Law and Policy
Book Synopsis
£148.89
Aspen Publishing Basic Administrative Law for Paralegals:
Book Synopsis
£160.00
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Aspen Publishing Privacy and the Media: [Connected Ebook]
Book Synopsis
£95.66
Aspen Publishing Examples & Explanations for Constitutional Law:
Book Synopsis
£66.60
Aspen Publishing Processes of Constitutional Decisionmaking: Cases
Book Synopsis
£75.60
Irwin Law Inc The Laws of Government: The Legal Foundations of
Book Synopsis
£31.50
Irwin Law Inc Constitutional Law
Book Synopsis
£85.46
Irwin Law The Recognition of Two Official Languages in
Book Synopsis
£20.89
Seven Stories Press,U.S. Como Consequir los Papeles
Book SynopsisLos problemas relativosa la inmigración son frecuentes y bien conocidos dentro de las comunidades latinas. Y la falta de información apropiada es enorme. ¿Cómo puede legalizar su estadía en los Estados Unidos? ¿Cómo puede evitar ser deportado? ¿Cómo evitar ser encarcelado? Este libro pequeño ofrece información, consejos, testimonios y recursos de donde conseguir representación legal. También informa sobre sus derechos y responsabilidades.
£5.95
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