Constitution Books
Stanford University Press Your Rugged Constitution
Book SynopsisWhen Your Rugged Constitution was first published, Harry S Truman was President. It quickly became a go-to resource for generations of young Americans (and some older ones too) who wanted to understand the guiding principles of our nation. Now in reissue, this truly rugged and much-admired classic is sure to inform, and also delight readers with its retro 1950s ethos. Your Rugged Constitution proceeds through the text of the Constitution with descriptions that are put in clear, easy-to-understand language, accompanied by commentary and lively drawings so you can easily grasp all the ideas and concepts. Under each section and clause, you (yes, you, fellow American!) learn which powers you give to the federal government, and what you get in return. Your Rugged Constitution helps readers understand that the Constitution is no mere historical document, but an important contract between you and your government.Trade Review"First published in 1950 and last revised in 1969, if offers a thoroughly irresistible introduction to the United States constitution . . . The republication of Your Rugged Constitution presents an opportunity for current generations to familiarize themselves with our nation's founding document in a clear and engaging fashion . . . This is a welcoming, accessible, and, at times, profound book . . . Your Rugged Constitution is a valuable guide to the brilliance and complexity of our constitutional design."—Tara Helfman, The Weekly Standard". . . a real contribution to the current discussion of national life."—Herbert Hoover, 31st President of the United States"Make[s] easy . . . grasp of the essential features of our Constitution."—Chester William Nimitz, Fleet Admiral and Commander of the United States Pacific Fleet during WWII"No comparable book to aid teacher, parent, or librarian in explaining our blueprint of freedom."—Ralph Adams Brown, The New York Times
£15.19
Stanford University Press Our NonChristian Nation
Book SynopsisIn recent years, members of minority religions and atheists have rightly taken advantage of Supreme Court decisions that open up government funding, institutions, and property to participate in public life alongside the Christian majority. Jay Wexler argues for the importance of this movement and travels around the country to meet some of the people on its front line.Trade Review"Timely, trenchant, and tremendously engaging, Our Non-Christian Nation is essential reading for anyone interested in understanding the contemporary battles over religion's role in our national politics and culture." -- Phil Zuckerman * author of Living the Secular Life *"In this brilliantly erudite and hugely entertaining romp through recent religious and legal history, Jay Wexler shows why, as our country becomes more religiously diverse, non-Christians need to get their voices heard and Christians need to help repair the wall between church and state. A marvelous read." -- Michael Shermer * Skeptic magazine *"What would it mean to take seriously the idea of religious diversity in the public sphere? Jay Wexler tells the stories of Wiccans, Muslims, and other religious and non-religious groups outside the mainstream who show what existing constitutional doctrine means in practice. The picture he paints provokes us to think differently about what that doctrine should be." -- Mark Tushnet * Harvard Law School *"In this fine book, Jay Wexler urges humanists, atheists, Satanists, and members of minority religious traditions to take advantage of a fascinating new phenomenon: the opening of public space to a variety of beliefs and institutions. His compelling account of 'belief' in public life will be of interest to the deeply religious as well as those who cringe at the very thought of religion. I highly recommend it." -- Anthony B. Pinn * author of Humanism: Essays on Race, Religion and Cultural Production *"A zesty, opinionated assessment of how non-Christians should actually behave....With curiosity and openness, Wexler performs the action that he advocates: that is, making heard a 'cacophony' of voices in public life so that different viewpoints get brought to the fore." -- Dan Friedman * Los Angeles Review of Books *"A fascinating read, and a wonderfully hopeful one...For anyone who feels marginalized as a pagan, nonbeliever, or just not a Christian, it's a manifesto for effective and often hilarious resistance." -- Houston Chronicle"Wexler...has made a timely, at times funny, and compelling piece of reportage looking at a variety of religious groups, as well as a strong argument for the importance of a pluralistic society." -- The Boston Globe"[T]his book was written for the general public, which often struggles to understand the jurisprudence surrounding religious freedom. Even professors of religious studies often need help in this area....Wexler's writing makes this book ideal for getting undergraduates interested in these issues." -- Joseph Laycock * Journal of the American Academy of Religion *"[An] artfully presented, quite accessible, guide to major legal issues faced by minority faiths in America...recommended for all interested in such topics." -- James T. Richardson * Nova Religio *"Wexler's greatest strength is his ability to describe current case law in readily digestible terms, making his work an ideal resource for undergraduates interested in religion and American politics. . .[T]his work can serve as an ideal entry point into important classroom conversations regarding the place of religions, especially minorities, in American law, as well as how both public and legal discourses have shaped the role of religion in American life." -- Savannah Finver * Religious Studies Review *Table of ContentsContents and AbstractsIntroduction chapter abstractThis chapter presents the main themes, issues, and arguments of the book. After an opening vignette describing the efforts of the Satanic Temple to erect a veterans monument in a small Minnesota town, the chapter introduces the First Amendment, particularly the Establishment Clause and the concept of separation of church and state as set out by the Supreme Court. It traces demographic changes in the country's religious makeup that have rendered the nation far less Christian and more secular than at previous times in its history. After a discussion of the issue of defining religion, the chapter sets forth the book's primary argument—namely, that a religiously diverse public square is preferable to one dominated by Christianity. One: Mummies, Monuments, and Monotheism: Religious Displays as Government Speech chapter abstractThis chapter discusses the constitutional doctrine of government speech under the First Amendment as it relates to the erection of religious monuments on public property. It does so, first, by describing and evaluating cases concerning the constitutionality of various Ten Commandments monuments under the Establishment Clause, and particularly the case of Van Orden v. Perry, which upheld such a monument on the grounds of the Texas Capitol. The chapter goes on to discuss the ultimately unsuccessful efforts of the small religious group known as the Summum, located in Salt Lake City, to have a Utah town erect a monument to its "Seven Aphorisms" in a park next to the community's Ten Commandments monument. The author's trip to visit the Summum and understand its mummification practices is described. Two: Pagans, Pentacles, and Pluralism: Religious Displays in the Public Forum chapter abstractThis chapter contrasts the government speech doctrine discussed in chapter 1 with the more minority-friendly First Amendment free speech doctrine known as the designated public forum. Under this doctrine, if the government designates a part of its property for private speech, including religious speech, it may not exclude speech on the basis of the viewpoint that is expressed by that speech. After explaining the doctrine, the chapter describes the successful efforts of Pagans and Wiccans, under the leadership of Wiccan priestess Selena Fox and through litigation brought by Americans United for Separation of Church and State, to get the Department of Veterans Affairs to allow Pagans buried in national cemeteries to have pentacles displayed on their headstones. The chapter also describes the author's visit to Fox's Circle Sanctuary in Wisconsin to participate in a Veterans Day event. Three: Secularism, Statehouses, and School Boards: Prayers and Invocations before Government Bodies chapter abstractThis chapter investigates the historical practice of prayer-giving before legislatures and other government bodies, as well as the Supreme Court's treatment of the practice in, most recently, the case of Town of Greece v. Galloway. Under the Establishment Clause of the First Amendment, the Court has held that legislative prayer and other religious invocations before government bodies are constitutional so long as the government has a policy of antidiscrimination—i.e., it will not discriminate on the basis of religion when inviting or allowing people to pray before meetings. The chapter investigates specifically the invocation given before the monthly town meeting of the Town of Greece (New York) by an Atheist who had previously sued the town unsuccessfully. The author's trip to witness this invocation is described. Four: The Satanic Temple: Taking It to a Whole 'Nother Level chapter abstractThis chapter takes an in-depth look at the key player in the phenomenon described in the book, namely the Satanic Temple. The chapter provides a brief history of Satanism, including a discussion of the Romantic Satanists, a literary movement in the eighteenth century that was the first to recover the symbol of Satan as a positive figure. The chapter also discusses the rise of the Church of Satan in the Bay Area in the 1960s, as well as the so-called Satanic Panic of the 1980s, in which people were wrongly accused of crimes committed in the name of Satan. The chapter then relates the history and doctrine of the Satanic Temple and describes its efforts to give legislative invocations and place monuments on public property (including its nine-foot-tall bronze monument to Baphomet). Five: Muslims, Money, and Middle Schools: Government Funding of Religion chapter abstractThis chapter investigates the issue of government funding of religion. After a brief foray into the Establishment Clause in this area, including a discussion of the important voucher school case Zelman v. Simmons-Harris, the chapter describes how some minority religious groups such as the Unification Church and the Church of Scientology have received public funding for their programs. The chapter also relates how Christian legislators in several states have objected to the inclusion of Islamic schools in their proposed voucher programs and then investigates these Islamic schools through the author's trip to the Al-Iman School in North Carolina. Six: Atheists, the Antichrist, and After-School Clubs: Religious Activities in the Public Schools chapter abstractThis chapter concerns the activities of religious groups in the public schools, one of the most controversial issues in church-state law, given the importance of these schools to the formation of future citizens. At the outset, the chapter explains the First Amendment law governing this area, including cases about teaching alternatives to evolution in the biology curriculum. Next, the chapter examines a series of cases in which the Supreme Court has held that if public schools open their facilities to after-school clubs, they may not exclude religious clubs, such as Good News Clubs, from using those facilities. After laying out the law, the chapter then examines efforts by Atheists, the Satanic Temple, and others to distribute religious literature and to start their own after-school clubs in the public schools. Conclusion: Conclusion chapter abstractThe concluding chapter begins with a brief recap of the four key descriptive points that the book has advanced and then proceeds to argue that the movement to increase minority participation in American public life is one that should be celebrated and continued. Specifically, the chapter argues that a religiously cacophonous public square is preferable to an entirely Christian one because it is more consistent with American ideals of free expression and diversity of ideas as enshrined in the First Amendment, because it may promote a more educated citizenry with regard to religion, and because this improved education may result in greater social peace. The chapter also considers potential counter-arguments and pitfalls of encouraging an increased role for religion in the public square, including the possibility that anti-liberal or parody organizations will seek to participate in public life.
£18.99
University of Oklahoma Press The Erosion of Tribal Power
Book SynopsisBy drawing on the private papers of Chief Justice Earl Warren and other Justices, this book offers crucial insight into federal Indian law from the perspective of the justices themselves, and shines much-needed light on crucial changes to federal Indian law between 1959 and 2001.Trade ReviewProponents of tribal sovereignty now consider the U.S. Supreme Court to be the most dangerous branch of government. In The Erosion of Tribal Power, Dewi Ball explains why. He shows how the Court's decisions have stripped tribal governments of significant criminal, civil, and taxation authority, with devastating effects in Indian Country."" - Blake Watson, author of Buying American from the Indians: Johnson v. McIntosh and the History of Native Land Rights
£40.05
Rowman & Littlefield Publishers American Law from a Catholic Perspective
Book SynopsisThis book is one of the most comprehensive surveys of American legal topics by a gathering of major Catholic legal scholars. Contributors explore, among other subjects, bankruptcy, bioethics, corporate law, ethics, immigration, and many different aspects of constitutional law, including religious freedom, privacy rights, and free speech.Trade ReviewRonald Rychlack has put together a highly useful series of articles on the relationship between American law and the teachings of the Catholic Church. In twenty-two chapters this volume discusses areas of law from torts (the law of civil wrongs), to marriage, to the relationship between church and state. Chapters also discuss law-related issues, including the failures of Catholic law schools and the legal implications of the Catholic conception of the person. Sometimes the message is one of congruence, sometimes of disappointment and critique, most often a bit of both. The reader generally is given a helpful summary of central issues of law as seen through the lens of Catholic thought…. Richard Myers provides an impressively succinct and accurate summary of the law of church and state in America…. [This is] a highly useful sourcebook, especially for non-specialists seeking greater understanding of American law from a Catholic perspective. * Catholic Social Science Review *The contributors to American Law from a Catholic Perspective are well acquainted with the nuance and sophistication of Catholic social teaching. In this fine collection of essays, they evaluate the American legal system against the values that animate the Church’s vision of a just and humane society. The result, to quote Notre Dame law professor Gerry Bradley’s forward, is a primer that is 'relentlessly critical,' but not 'full of criticism.' The authors closely scrutinize American laws on moral grounds, and find much to commend. . . . Because the justifying aims of law are moral, legal pronouncements may be evaluated as to whether or not they are, in fact, good or just. Anyone interested in that endeavor will be well served by consulting American Law from a Catholic Perspective. * The University Bookman *American Law from a Catholic Perspective helps to remind readers where their allegiances must lie. The attentive reader can begin to see the ways in which he must work to change American law at its very roots to help it conform to the truth proclaimed by the Church. * First Things *American Law from a Catholic Perspective is just what its title promises and so much more: a brilliant collection of essays from some of the country’s best legal thinkers. This work reveals how practically every area of the law can be illuminated and enriched through a deep grounding in the Catholic faith. It’s a treasure-house of insights and an inspiring demonstration of what it can mean for a jurist to respond wholeheartedly to the call of Vatican II for the laity to bring the social teachings of the Church to life in the professional, social, cultural, and political spheres. -- Mary Ann Glendon, Learned Hand Professor of Law, Harvard University, former U.S. Ambassador to the Holy SeePrecisely because I am not a lawyer, I really liked this book. For an outsider, it provides a crisp guide to the history of American Catholics under American law—a fairly friendly and yet often antagonistic encounter. I hadn’t known that there are 29 Catholic law schools in the United States today, not even that the first of them opened at Notre Dame in 1869. I hadn’t been walked through some main currents of American law, from the long-contested meaning of 'law' among philosophers of law to the current relation of law to bioethics. Catholic legal thinkers have awakened only slowly to the task of bringing new horizons into the national dialogue on law, and are only at the beginnings of doing so. . . . This book provides an invaluable overview, to which I shall want to return for references. -- Michael Novak, former U.S. Ambassador to the U.N. Human Rights Commission, 1994 Templeton laureateTable of ContentsForeword by Gerard V. Bradley Preface 1.Religion and Roman Catholicism in American Legal History Michael Ariens 2.The Ethics of Lawyers and Judges: Perspectives from Catholic Social Teaching Robert A. Destro 3.A Brief History of American Catholic Legal Education: The Arc of an Uncertain Identity John M. Breen and Lee J. Strang 4.Philosophy of Law Robert P. George 5.Tort Law from a Catholic Perspective Ronald J. Rychlak 6.American Corporate Law and Catholic Social Thought John M. Czarnetzky 7.The Meaning of Person: A Catholic Legal Perspective Robert John Araujo, SJ 8.Church and State Richard S. Myers 9.First Amendment Freedoms and the Right of Privacy: The Necessary Connection Between Rights and Human Dignity That the U.S. Supreme Court Often Fails to Make Stephen M. Krason 10.Equal Protection, Free Speech, and Religious Worship Timothy J. Tracey 11.United States Immigration Law and Policy Through a Catholic Lens Michael A. Scaperlanda 12.Human Dignity and the Death Penalty: Comparing Catholic Social Teaching and Eighth Amendment Jurisprudence Dorie Klein 13.Fidelity and Fairness in Marital Commitments, Covenants, and Contractual Relationships: Mulieris Dignitatem’s Wisdom Kevin H. Govern 14.Catholic Perspectives on Family Law Bill Piatt 15.The Odd Couple: Comparing U.S. Military Law and Roman Catholic Ideology Richard V. Meyer 16.Property Law D. Brian Scarnecchia 17.The Call to Stewardship: A Catholic Perspective on Environmental Responsibility Lucia A. Silecchia 18.American Bankruptcy Law and Catholic Social Theory John M. Czarnetzky 19.Intellectual Property Thomas C. Berg 20.Labor and Employment Law David L. Gregory 21.International Human Rights, Catholic Social Teaching, and American Practice: The Case of Human Rights Treaty Committees William L. Saunders 22.Looking Back, Looking Ahead: A Strategy for the Pro-Life Movement Hadley Arkes Index
£90.90
University of Pennsylvania Press A Nation Dedicated to Religious Liberty
Book SynopsisTable of ContentsForeword by Warren E. Burger Acknowledgments Introduction Chapter One. The Historical Roots of American Religious Liberty Chapter Two. The Founders on Religious Liberty Chapter Three. The Supreme Court and Religious Liberty Chapter Four. The Animating Principles of the Religion Clauses Chapter Five. Religious Liberty in Contemporary America Conclusion Appendices One. Historical Documents on American Religious Liberty Two. Early Declarations sand Constitutional Previsions on Religion Three. Leading Supreme Court Decisions on Religious Liberty Notes Bibliography Index
£17.99
University of Pennsylvania Press Human Rights Under African Constitutions
Book SynopsisSome of the most massive and persistent violations of human rights occur in African nations. In Human Rights Under African Constitutions: Realizing the Promise for Ourselves, scholars from a wide range of fields present a sober, systematic assessment of the prospects for legal protection of human rights in Africa. In a series of detailed and highly contextual studies of Ethiopia, Ghana, Guinea, Morocco, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Sudan, and Uganda, experts seek to balance the socioeconomic and political diversity of these nations while using the same theoretical framework of legal analysis for each case study.Standards for human rights protection can be realized only through direct and strong support from a nation''s legal and political institutions. The contributors to this volume uniformly conclude that a well-informed and motivated citizenry is the most powerful force for creating the political will necessary to effect change at the national Trade Review"The contributors maintain that a well-informed citizenry is the most powerful (and likely only) force for creating the political will necessary to effect change at the national level. There is no sitting on the fence. . . . The fundamental belief here is that human rights will only be realized once the African people claim their rights, make them their own, and demand their respect." * Netherlands Quarterly of Human Rights *
£62.90
University of Pennsylvania Press American Justice 2015
Book SynopsisAmerican Justice 2015 is the indispensable guide to the fourteen most controversial and divisive cases decided by the Supreme Court in the 2014-15 term, touching on issues such as as free speech, race and equality, religious freedom, privacy, the fate of Obamacare, and gay marriage.Trade Review"Steven Mazie is one of the most acute observers of the Supreme Court around. He writes clearly, concisely, and is a pleasure to read." * John Prideaux, The Economist *"The Supreme Court term that ended in June 2015 will go down in the history books-and Steven Mazie has written the first draft. In this balanced, detailed, yet accessible book he tells you what you need to know about the court's momentous health care and gay rights decisions, as well as about many more of great importance. Required reading for anyone who wants to understand the court's year from beginning to end." * Noah Feldman, Harvard Law School *"American Justice 2015 is a 'can't miss' for anyone interested in the Supreme Court. Steven Mazie deftly weaves the major decisions of the 2014-15 term into an eminently readable narrative that looks beyond the 'liberal/conservative' stereotypes to focus on how the court operates as an institution." * Amy Howe, SCOTUSblog *"Critical yet not cynical, aware of its many flaws but not blind to its considerable virtues, Steven Mazie describes a Supreme Court that seeks to be and often is an 'exemplar of public reason.' Written with clarity and insight by a gifted teacher, scholar, and journalist, American Justice 2015 should be of great interest to citizens and specialists alike." * Stephen Macedo, author of Just Married: Same-Sex Couples, Monogamy, and the Future of Marriage *
£21.59
University of Pennsylvania Press American Justice 2017
Book SynopsisTrade Review"This is a wonderful, engaging account of an unusual year in Supreme Court history. Kimberly Robinson does a masterful job of explaining the Court's decisions and puts them in a broader context of what they mean for the law and for the country. Those who watch the Court closely and those who watch it only casually will benefit from reading Robinson's account of October Term 2016." * Erwin Chemerinsky, University of California, Berkeley, School of Law *"Robinson's account of this unusual term is thorough, fair-minded, and fascinating. With an eye to surprising details and historical ironies, she astutely explains the ad hoc compromises and unexpected dodges that the short-staffed court used to avoid gridlock and indecision. The result is a compelling and entertaining portrait of the justices navigating a slow-burning crisis, then adjusting to the controversial appointment of a new colleague. Robinson's fusion of sophisticated legal analysis and fine-grained reporting will delight veteran court-watchers and casual observers alike." * Mark Joseph Stern, legal analyst and Supreme Court correspondent, Slate *"Kimberly Robinson is an indispensable chronicler of today's Supreme Court, and this book is a thoughtful account of one of the most memorable stretches in the Court's recent history-if not in the cases decided, in the transformation it featured in the political dynamics of vacancy, nomination, and confirmation. Robinson draws out the impact of those dynamics on the Court-both the cases decided during an important period of transition, and the institution more broadly." * Kate Shaw, Benjamin N. Cardozo School of Law *"Kimberly Robinson is one of the best journalists covering the Supreme Court, and her American Justice 2017 is a riveting, revealing account of the most difficult and unusual term in years. With the reporter's eye for detail and balance, Robinson shows how the Court, shorthanded after the loss of influential Justice Antonin Scalia and caught in a political firestorm over his replacement, fought to preserve the integrity of the institution while finessing divisive and controversial cases on religion, free speech, and the right to vote." * Adam Winkler, UCLA School of Law *Table of ContentsPreface 1. Trench Warfare 2. The Stolen Seat 3. Stand Idly By 4. Quarter-Loaf Outcomes 5. Courting Politics 6. The Priceless Value of Citizenship 7. Macabre Challenges 8. Calm before the Storm Appendix: Biographies of Current Justices of the Supreme Court Acknowledgments
£21.59
University of Pennsylvania Press The Changing Terrain of Religious Freedom
Book SynopsisThe Changing Terrain of Religious Freedom offers theoretical, historical, and legal perspectives on religious freedom, while examining its meaning as an experience, value, and right. The volume starts from the premise that the terrain of religious freedom has never been easy and smooth. Across societies and throughout history, defending or contesting principles of religious freedom has required compromise among multiple interests, balancing values, and wrangling with the law. Drawing on examples from the United States and around the world, and approaching the subject from the disciplines of history, law, sociology, philosophy, religious studies, and political science, the essays in this volume illustrate these challenges. They sketch the contours of contemporary debates while showing how the landscape of religious freedom has shifted over time. They consider various stakeholders that have asserted competing claims, among them individuals and groups; members of minority and majority cTable of ContentsIntroduction: The Landscape of Religious Freedom Heather J. Sharkey and Jeffrey Edward Green Part I. Ethical Arguments Chapter 1. A Right of Its Own: A Case for the Human Right of Religious Freedom Daniel Philpott Chapter 2. Can Freedom of Religion or Belief (FoRB) Be Universal? Heiner Bielefeldt Part II. The Social Contingency of Religious Freedom Disputes Chapter 3. Microclimates of Religious Freedom: Global Norms Meet Local Conditions in Territorial Hawai'i and Occupied Japan Jolyon Baraka Thomas Chapter 4. The Protection of Religion as "Culture" and "History": Three Case Studies Lori G. Beaman Chapter 5. "Baptism of Ire": Atheist Plaintiffs and Irreligious Freedom in Postwar America Leigh E. Schmidt Chapter 6. The Heads or Tails of Cow Protection in India: Religious Freedom and Secular Agriculture Cassie Adcock Chapter 7. Bad Faith: Religious Fraud and Religious Freedom in the "Mighty I AM" Case William Schultz Part III. The (Mis)application of Religious Freedom Chapter 8. The Historian's Pickaxe: Uncovering the Racist Origins of the Religious Right Randall Balmer Chapter 9. Female Genital Cutting in Michigan: How Advocates of the Dawoodi Bohra Distorted Religious Freedom to Control Women's Sexual Conduct Kristina Arriaga Chapter 10. The U.S. Supreme Court and the Future of Religious Freedom in the United States Joshua Matz Notes List of Contributors Index Acknowledgments
£40.50
New York University Press Thomas Jefferson and the Wall of Separation
Book SynopsisThomas Jefferson and the Wall of Separation Between Church and State offers an in-depth examination of the origins, controversial uses, and competing interpretations of this powerful metaphor in law and public policy.Trade ReviewIn the opinion of this reviewer, Dreisbach is undeniably correct. His research is thorough, and his analysis comports with the history of the period. Dreisbachs study of Jefferson's likely meaning when he utilized the phrase wall of separation makes a valuable contribution to an important area of the constitutional law, an area of great consequence to Christians. The fact that it is written by a law professor at a "top twenty" law school increases its significance and credibility in the scholar world. The book has a minimum of legal jargon and can easily be understood. Daniel Dreisbachs book is highly recommended. * Faith and Mission *Daniel Dreisbachs book is a welcome and much needed addition to the scholarship on the First Amendment. Dreisbach analysis of Jefferson's metaphor, its political context, and consequences for church-state jurisprudence, provide an intellectual perspective as the Court and nation reconsider issues of accomodations of religion in the public square. * Journal of Interdisciplinary Studies *On an evaluative note, the book is helpful for gaining an understanding of the historical context of Jeffersons metaphor. * Journal of Church and State *This book is vintage Dreisbach. . . . Anyone studying Jefferson's views of separation would be wise to use Dreisbachs primary texts and to ponder his sage interpretation of them. This is a book that can be read in an evening, but pondered for a career. -- John Witte Jr.,Michigan Law ReviewExcellent introduction to the thorny interpretive issues that continue to grow around Jefferson's wall. * The Journal of Southern History *Table of Contents1 Introduction2 The President, a Mammoth Cheese, and the "Wall of Separation": Jeffersonian Politics and the New England Baptists 3 "Sowing Useful Truths and Principles"4 "What the Wall Separates" 5 Early References to a "Wall of Separation"6 Creating "Effectual Barriers"7 "Useful Truths and Principles ... Germinate and Become Rooted" in the American Mind: Jefferson's Metaphor Enters Political and Juridical Discourse 8 ConclusionAppendices1 Proclamation Appointing a Day of Fasting, Humiliation, and Prayer, May 17742 Address to the Inhabitants of the Parish of St. Anne, 1774 3 Bills Reported by the Committee of Revisors Appointed by the General Assembly of Virginia in 1776, 18 June 1779 4 Proclamation Appointing a Day of Publick and Solemn Thanksgiving and Prayer, November 1779 1375 Draft of "The Kentucky Resolutions of 1798," November 1798 (excerpt) 6 Correspondence with the Danbury Baptist Association, 1801-1802 1427 Correspondence with the Citizens of Chesire, Massachusetts, January 1802 1498 Second Inaugural Address, 4 March 1805 (excerpts) 9 Letter from Jefferson to the Reverend Samuel Miller, 23 January 1808 Notes Selected BibliographyAcknowledgmentsIndexAbout the Author
£23.74
New York University Press Why Jury Duty Matters
Book SynopsisUrges people to re-examine the jury experience and act on constitutional principles before, during, and after jury serviceTrade Review"Ferguson, a veteran lawyer and law professor, outlines the importance of the jury in the legal system, how the right to trial by jury helped push the American Revolution forward, and how civil rights advances that created a more balanced jury pool have resulted in fairer trials for all...the dedicated and wonk-minded will learn a great deal about our legal system." * Publishers Weekly *"An investigation and celebration of what we so often rue: jury duty. Former public defender Ferguson (Law/Univ. of the District of Columbia) takes jury duty seriously but not in an admonitory, finger-wagging sense. He wants readers to appreciate the brilliance of the jury process as civic engagement, an act of public virtue, due process and accountability. Ferguson witnesses the process daily, and he serves it forth here to readers with enthusiasm: I watch as constitutional ideals such as civic participation, deliberation, fairness, equality, liberty, accountability, freedom of conscience, and the common good come alive through the practice of ordinary citizens. In each chapter, the author takes a constitutionally grounded principal and shows how it applies to jury duty. Jury participation teaches the skills required for democratic self-governance, it acquaints jurors with the rule of law and it promotes the equality of ideas. Ferguson is an artful booster for community involvement and social connection and an advocate for the ability to challenge any perceived infringement of rights; a copy of the Constitution is always ready at his hand. This is a book that makes you feel good about a system that requires this type of participation, in which we must reflect with clarity on the guilt or innocence of an individual. A genuine encouragement that speaks to the role juries play in our constitutional structure." * Kirkus Reviews *"Andrew Guthrie Ferguson reminds us that whether we like it or not, we are all constitutional actors. Jury duty provides an opportunity to reflect on that constitutional responsibility." * LA Daily Journal *"Former public defender Ferguson (law, Univ. of the District of Columbia; coauthor, Youth Justice in America) offers an inspiring perspective on jury duty. Using a combination of personal narrative, political science, and American history, he moves beyond the simple argument that jury duty is a civic responsibility and something to be endured for the good of the justice system. Instead, Ferguson situates jury duty as an opportunity for citizens to exercise foundational American values such as fairness, equality, participation, deliberation, and liberty. Jury duty brings together people from different races and different classes on equal footing. He explains that through service on a jury, a person can practice skills that are valuable for citizenship. VERDICT: Ferguson presents a new kind of handbook for potential jurors. Accessible and easy to read, the book is written for the average citizen who might be called to serve on a jury.Rachel Bridgewater, Portland Community Coll. Lib., OR." * Library Journal *"Summoned for jury duty? This is the book for you!-Greta Van Susteren" * Fox News *"Every year thousands of American citizens are summoned for the important civic duty of serving on a jury. What is their role, why is it a duty, and why is it so important? This unique and highly readable book is addressed to a lay audience. It will be useful for those citizens who have served on juries, for those who will someday be called to serve, and, indeed, for anyone who has an inquisitive mind about a crucial part of our legal system. Author Andrew Guthrie Ferguson lucidly describes the history of the jury and explains why juries play such a critical role in the contemporary American system of justice. Copies should be placed in the jury assembly rooms of every courthouse. The book can also be a useful supplement for high school civics courses." -- Neil Vidmar,Russell M. Robinson II Professor of Law, Duke University School of Law"Ferguson seeks to capture the attention of a broader audience, and does so through a personal and scholarly approach that is adequate to understanding the judicial, and more broadly, constitutional system of self-governance. Summing Up: Recommended." -- J. Michael Bitzer * CHOICE *"Professor Andrew Guthrie Ferguson's Why Jury Duty Matters: A Citizen's Guide to Constitutional Actionshould be read by every adult in this nation and by every youth before reaching 18 years of age, not only for its historical content, but for its message that jury service by every eligible person is critical to protecting the life and liberty of every person living in the United States and protects the individual from the tyranny of government." -- Judge Arthur L. Burnett Sr. * Criminal Justice *"Serving on a jury is at the heart of what it means to be American....And juries are the embodiment of democracy--12 citizens each have a vote, with the results deciding a citizen's fate." -- Andrew Guthrie Ferguson * Bottom Line-Personal *"This book will help us all move beyond feeling jury service is solely a duty. These well-written pages clearly demonstrate jury service is a privilege and that a jury summons is an admission ticket to very special higher learning. The book should inspire important citizen reflections both at the courthouse and at our kitchen tables." -- Judge Gregory E. Mize,Judicial Fellow, National Center for State Courts"This is a brilliant and motivating plea to please serve when summoned." -- Ralph Nader"what might be the most earnest book that's come across my desk in years" -- Dan Rodricks"Where would we find a large and regularly available group of citizens with time to discuss the importance of citizenship with aspiring citizens? Perhaps, we need look no further than jury waiting rooms all across the country. In those rooms, millions of Americans wait for the opportunity to serve on a jury." -- Andrew Guthrie Ferguson * American Constitution Society *""Andrew Ferguson has written an inspiring bookaddressed to every Americanto explain why serving as a juror is vital to our democracy. He masterfully weaves the jury process with constitutional principles showing how the jury puts these principles into everyday practice. Fergusons book will transform readers from reluctant citizens into responsible jurors. Every court should give prospective jurors a copy of this book so that they will understand the jurys integral role in our democracy. " -- Nancy S. Marder,Professor of Law and Director of the Jury Center, Chicago-Kent College of Law"[I]f citizenship matters for jury duty eligibility we need to ask ourselves why it matters. It's not an easy question to resolve, but like jury service, it is a job that only 'we the people' can do." -- Andrew Guthrie Ferguson * The Atlantic *"In any event, kudos to Andrew for his important work and great example in making legal scholarship more relevant." * Prawf's Blawg *"[A]n insightful and beautifully written account of jury service that speaks to the prospective juror in all of us, while at the same time offering lessons in the history and constitutional significance of the jury that will be enlightening for lawyers and lay readers alike...Ferguson provides an inspiration primer for jury service. Beyond his deep insight into every aspect of juror's service, [his] overriding optimism and palpable reverence for the jury as an institution are powerful enough to make even the most skeptical reader view their next jury summons in an entirely new light." * The Champion *"As attorneys we learned the constitutional basis for jury trails in law school. Those of us who work in litigation know and understand the importance of juries to our court system, but probably few of us have considered the importance of jury duty to us as citizens. Now a law professor at the University of the District of Columbia, Ferguson wrote Why Jury Duty Matters, for those called to serve as jurors. It is an explanation of the importance of jury duty to us as citizens, how it enables us to participate in democratic government." * The Daily Journal *Table of Contents1 An Invitation to Participation2 Selecting Fairness3 Choosing Equality4 Connecting to the Common Good5 Living Liberty6 Deciding Through Deliberation 7 Protecting a Dissenting Voice 8 Judging Accountability
£18.99
New York University Press The State of Play Law Games and Virtual Worlds
Book SynopsisPresents an essential first step in understanding how new digital worlds will change the future of our universe. This book considers questions such as: What rules should govern virtual communities? Should the law step in to protect property rights when virtual items are destroyed or stolen?Trade ReviewThe State of Play is an extremely comprehensive look into digital worlds and how those worlds are evolving cultures, changing lives, reshaping the way we think and communicate. If you want to understand where modern culture is headed and learn more about incredibly fascinating experiences taking place in virtual worlds, pick up and read this book now. -- Richard Garriott,a.k.a. Lord British, Creator of Ultima Online and Executive Producer, NCsoftThese essays, by the best thinkers in their fields, will be read, debated, taught, and cited in court cases as we struggle to figure out how to live in a world which is part digital and part social, part real and part imaginary. -- Henry Jenkins,author of onvergence Culture: Where Old and New Media CollideThis is a spectacular collection of essays on the present and future of virtual worlds. It's a perfect introduction for those who have yet to experience them, and more important, a thoughtful companion for those who do. -- Jonathan Zittrain,Oxford UniversityIs useful and interesting for students of surveillance. * Surveillance & Society *With diverse essays from game designers, social scientists and legal scholars, The State of Play is a provocative consideration of virtual jurisprudence. * Paste Magazine *Table of ContentsPart I: Introduction1. Introduction 2. Virtual Worlds: A PrimerPart II: Game Gods and Game Players3. Virtual Worldliness 4. Declaring the Rights of Players5. The Right to Play 6. Law and Liberty in Virtual Worlds Part III: Property and Creativity in Virtual Worlds7. Virtual Crime 8. Owned! Intellectual Property in the Age of eBayers, Gold Farmers, and Other Enemies of the Virtual State9. Virtual Power Politics 10. Escaping the Gilded Cage: User-Created Content and Building the Metaverse11. There Is No Spoon Part IV: Privacy and Identity in Virtual Worlds12. Who Killed Miss Norway? 13. Who's in Charge of Who I Am? Identity and Law Online14. Privacy and Data Collection in Virtual Worlds Part V: Virtual Worlds and Real-World Power15. Virtual Worlds, Real Rules: Using Virtual Worlds to Test Legal Rules16. The New Visual Literacy: How the Screen A?ects the Law17. Democracy-The Video Game: Virtual Worlds and the Future of Collective ActionAbout the Contributors Acknowledgments Case List Index
£23.74
Rowman & Littlefield Publishers Constitution 3.0
Book Synopsis
£18.99
University of Minnesota Press Deadliest Enemies
Book Synopsis
£17.99
Duke University Press Popular Sovereignty and the Crisis of German
Book SynopsisA historical analysis of doctrines of constitutional law during the Weimar Republic. This book reveals the various facets of the constitutional struggles during the Weimar Republic. It is useful for historians, constitutional lawyers, students and scholars interested in the continuing problems of democracy and constitutionalism.Trade Review“A searching examination and critical analysis of the debates in Germany over the meaning and interpretation of the constitution during the Weimar years. No other book in English, so far as I know, treats Weimar constitutionalism with the depth and analytical power of this study. What an admirable study of intellectual history this book is!”—Donald P. Kommers, University of Notre Dame“An outstanding contribution to the literature on 20th-century Germany and its political/legal theory.”—Ellen Kennedy, University of Pennsylvania
£80.10
Duke University Press Popular Sovereignty and the Crisis of German
Book SynopsisA historical analysis of doctrines of constitutional law during the Weimar Republic. This book reveals the various facets of the constitutional struggles that permeated German legal and political culture during the Weimar Republic. This book will be useful for all those interested in the continuing problems of democracy and constitutionalism.Trade Review“A searching examination and critical analysis of the debates in Germany over the meaning and interpretation of the constitution during the Weimar years. No other book in English, so far as I know, treats Weimar constitutionalism with the depth and analytical power of this study. What an admirable study of intellectual history this book is!”—Donald P. Kommers, University of Notre Dame“An outstanding contribution to the literature on 20th-century Germany and its political/legal theory.”—Ellen Kennedy, University of Pennsylvania
£25.19
Duke University Press Reconstructing Reconstruction
Book SynopsisExamines the post-Civil War struggle between competing political and legal interpretations of slavery and reconstruction to reveal how accepted historical truth was established. Offering a fresh approach to the subject of original intent, this book is useful for legal historians and scholars of constitutional law, and American history.Trade Review“Brandwein’s impressive study adds a new dimension to the understanding of Reconstruction ideology and its legacy for future civil rights jurisprudence. . . . Highly recommended.” - Choice“[A] welcomed . . . critique. . . . Professor Brandwein develops her thesis using an able study of how Americans from Reconstruction to the present have understood the events responsible for the passage of the post-Civil War Amendments.” - Mark A. Graber, The Law and Politics Book Review“[W]ell-formulated, insightful, and timely. . . . Any sociologist interested in the origins, reproduction, and transformation of social hierarchies must come to terms with this crucial insight about law and patterns of social organization.” - Nicholas Pedriana, American Journal of Sociology“Reconstructing Reconstruction is one of the finest meditations on history and law in recent years.” - Bryan H. Wildenthal, H-Net Reviews“[A] good read. . . . Reconstructing Reconstruction is a fascinating journey that leads inexorably to [Brandwein’s] closing argument that constitutional law is a ‘culture of argument.’ . . . [H]er examination of the sociology of constitutional law is good reading for judges, lawyers, and students of constitutional law.” - Howard Ball, Journal of American History“An exciting theoretical examination. . . . Legal scholars will have to acknowledge the challenge Brandwein poses by treating ‘original intent’ as a social and historical construction.”—Mark Tushnet, Georgetown University Law Center“An important call for the development of a ‘sociology of constitutional law.’ Brandwein forces us to pay more attention to the ways in which the reconstruction of history (in this case, the history of Reconstruction) becomes a vital resource in contemporary constitutional politics.”—Howard Gillman, University of Southern California“Reconstructing Reconstruction is one of the finest meditations on history and law in recent years.” -- Bryan H. Wildenthal * H-Net Reviews *“[A] good read. . . . Reconstructing Reconstruction is a fascinating journey that leads inexorably to [Brandwein’s] closing argument that constitutional law is a ‘culture of argument.’ . . . [H]er examination of the sociology of constitutional law is good reading for judges, lawyers, and students of constitutional law.” -- Howard Ball * Journal of American History *“[A] welcomed . . . critique. . . . Professor Brandwein develops her thesis using an able study of how Americans from Reconstruction to the present have understood the events responsible for the passage of the post-Civil War Amendments.” -- Mark A. Graber * Law and Politics Book Review *“[W]ell-formulated, insightful, and timely. . . . Any sociologist interested in the origins, reproduction, and transformation of social hierarchies must come to terms with this crucial insight about law and patterns of social organization.” -- Nicholas Pedriana * American Journal of Sociology *“Brandwein’s impressive study adds a new dimension to the understanding of Reconstruction ideology and its legacy for future civil rights jurisprudence. . . . Highly recommended.” * Choice *Table of ContentsAcknowledgments 1. Introduction 2. Slavery as an Interpretive Issue in the 39th Reconstruction Congress: The Northern Democrats 3. Republican Slavery Criticism 4. The Supreme Court’s Official History 5. Dueling Histories: Charles Fairman and William Crosskey Reconstruct “Original Understanding” 6. Recipes for “Acceptable” History 7. History as an Institutional Resource: Warren Court Debates over Legislative Apportionment 8. Constitutional Law as a “Culture of Argument”: Toward a Sociology of Constitutional Law 9. Conclusion Notes Bibliography Index
£25.19
Duke University Press Foreign in a Domestic Sense
Book SynopsisMore than four million United States citizens live in five "unincorporated" US territories. The inhabitants of these vestiges of an American empire are denied representation in Congress and cannot vote in presidential elections. This book addresses the problem of the US territories.Trade Review“I can hardly contain my enthusiasm for this project, which brings together an array of authoritative scholars in the field. “Foreign in a Domestic Sense” is the most important work of its kind of our generation, a book that advances the scholarship while having a material impact on current and future debates about Puerto Rico’s self-determination.”—Francisco A. Scarano, author of Puerto Rico: Cinco Siglos de HistoriaTable of ContentsPreface Between the Foreign and the Domestic: The Doctrine of Territorial Incorporation, Invented and Reinvented / Christina Duffy Burnett and Burke Marshall I. History and Expansion Some Common Ground / José A. Cabranes Teutonic Constitutionalism: The Role of Ethno-Juridical Discourse in the Spanish-American War / Mark S. Weiner A Constitution Led by the Flag: The Insular Cases and the Metaphor of Incorporation / Brook Thomas Deconstructing Colonialism: The “Unincorporated Territory” as a Category of Domination / Efrén Rivera Ramos II. Expansion and Constitution Installing the Insular Cases into the Canon of Constitutional Law / Sanford Levinson Fulfilling Manifest Destiny: Conquest, Race, and the Insular Cases / Juan F. Perea U.S. Territorial Expansion: Extended Republicanism versus Hyperextended Expansionism / E. Robert Statham Jr. Constitutionalism and Individual Rights in the Territories / Gerald L. Neuman III. Constitution and Membership Partial Membership and Liberal Political Theory / Mark Tushnet Injustice According to Law: The Insular Cases and other Oddities / José Trías Monge One Hundred Years of Solitude: Puerto Rico’s American Century / Juan R. Torreulla A Tale of Distorting Mirrors: One Hundred Years of Puerto Rico’s Sovereignty Imbroglio / Roberto Aponte Toro IV. Membership and Recognition Law, Language, and Statehood: The Role of English in the Great State of Puerto Rico / José Julián Alvarez González Puerto Rican National Identity and United States Pluralism / Angel Ricardo Oquendo Puerto Rican Separatism and United States Federalism / Richard Thornburgh The Bitter Roots of Puerto Rican Citizenship / Rogers M. Smith A Note on the Insular Cases / Christina Duffy Burnett Notes on Contributors Index
£27.90
Duke University Press Congress and the Constitution
Book SynopsisEssays contest the notion of the absolute preeminence of judicial review in constitutional interpretation, analyzing the role of Congress as a constitutional interpreter and responsible constitutional agentTrade Review“Congress and the Constitution is a timely and provocative book on whether, when, and how Congress thinks about the meaning of the Constitution. The excellent scholarship in this volume raises deep questions about the relationship between Congress and the courts in interpreting the Constitution and sets an agenda for further work in this important area. In so doing, the book makes a significant contribution.”—Elena Kagan, Dean of Harvard Law School“The subject of this collection—the treatment of the Constitution by legislators in Congress—is both extremely interesting and important, and I do not believe that there is any other single book that is so effective in bringing together a wide range of relevant materials.”—Sanford Levinson, author of Wrestling with DiversityTable of ContentsAcknowledgments vii Introduction / Neal Devins and Keith E. Whittington 1 Prolegomena for a Sampler: Extrajudicial Interpretation of the Constitution, 1789–1861 / David P. Currie 18 Congressional Attitudes toward Constitutional Interpretation / Bruce G. Peabody 39 Constitutional Analysis by Congressional Staff Agencies / Louis Fisher 64 Hearing about the Constitution in Congressional Committees / Keith E. Whittington 87 The Federal Appointments Process as Constitutional Interpretation / Michael J. Gerhardt 110 Lawyers in Congress / John C. Yoo 131 Congressional Responses to Judicial Review / J. Mitchell Pickerill 151 Court, Congress, and Civil Rights / Michael J. Klarman 173 Quasi-Constitutional Law: The Rise of Super-Statutes / William N. Eskridge Jr. and John Ferejohn 198 Congressional Fact Finding and the Scope of Judicial Review / Neal Devins 220 Institutional Design of a Thayerian Congress / Elizabeth Garrett and Adrian Vermeule 242 Evaluating Congressional Constitutional Interpretation: Some Criteria and Two Informal Case Studies / Mark Tushnet 269 Can Congress Be Trusted with the Constitution? The Effects of Incentives and Procedures / Barbara Sinclair 293 About the Contributors 313 Index 315
£25.19
Duke University Press The Constitutional Jurisprudence of the Federal
Book SynopsisThe third edition of this renowned English-language guide to German constitutional law has been fully updated and significantly expanded to incorporate previously omitted topics and recent decisions of the German Federal Constitutional Court.Trade Review"In the endeavor to gain knowledge from the problems confronted and resolutions reached by our counterparts abroad, the work of Donald P. Kommers, now joined by Russell A. Miller, is a rich resource. Offering far more than excellent English-language translations of the decisions of a renowned tribunal, Professors Kommers and Miller supply incisive analyses and commentary. I am pleased to herald the publication of this third edition of a masterful text. . . . Brought right up to the moment . . . The Constitutional Jurisprudence of the Federal Republic of Germany is an engaging, enlightening, indispensable source for those seeking to learn from the text and context of German constitutional jurisprudence."—From the foreword by Ruth Bader Ginsburg, Associate Justice, the Supreme Court of the United States"The constitutional law of Germany—and the judgments of the German Federal Constitutional Court—are central for anyone interested in comparative constitutional law. This book is an excellent introduction to German constitutional thinking. It makes one better understand one's own constitution and its problems. I have relied heavily on the previous editions. This latest one is essential."—Aharon Barak, former President, the Supreme Court of Israel"This is the single most important book in English on one of the world's most important courts. More than a hornbook because it includes smartly edited cases, and more than a casebook because it adds outstanding institutional, historical, and doctrinal context, this volume provides a first-rate introduction to the German Federal Constitutional Court, which has been among the most influential courts in the world in creating global constitutional law. With this volume, English-speaking readers can see why."—Kim Lane Scheppele, Director of the Program in Law and Public Affairs and Laurance S. Rockefeller Professor of Sociology and International Affairs at Princeton University"With new coauthor Russell A. Miller, Donald P. Kommers delivers a thoroughly updated and, in some respects, reorganized work, which gives needed attention both to constitutional amendments (as in the chapter on federalism) and to conceptual developments in the Constitutional Court's jurisprudence. The authors' evident familiarity with German and U.S. constitutional law deepens the book's comparative perspective. This has been and will remain an indispensable resource for scholars and students who want to develop a deep understanding of Germany's constitutional system."—Vicki C. Jackson, author of Constitutional Engagement in a Transnational EraTable of ContentsForeword to the Third Edition / Justice Ruth Bader Ginsburg xi Preface to the Third Edition xiii Acknowledgments xvii Note on Translations and Judicial Opinions xxi Abbreviations xxv Part I. German Constitutionalism 1. The Federal Constitutional Court 3 Origin 4 Jurisdiction 10 Institution 17 Process 25 Judicial Review in Operation 33 Conclusion 40 2. Basic Law and Its Interpretation 42 New Constitutionalism of the Basic Law 43 Nature of the Polity 48 Theories of the Constitution 55 Theory of Basic Rights 59 Interpretive Modes and Techniques 62 Sources of Interpretation 70 Conclusion 75 Part II. Constitutional Structures and Relationships 3. Federalism 79 Territorial Organization 80 Doctrine of Federal Comity 90 Apportionment and Distribution of Revenue 95 Local Self-Government 104 Bundesrat, Reformstau, and Modern Federalism 110 Division of Legislative Power 120 Cooperative Federalism 138 Implementation of Federal Law 141 Conclusion 150 4. Separation of Powers 152 Executive-Legislative Relations 153 Judicial versus Legislative Authority 164 Delegation of Legislative Power 175 Foreign and Military Affairs 189 Conclusion 214 5. Political Representation and Democracy 216 Parliamentary Democracy 216 Elections and Voting 238 Party State and Political Spending 269 Militant Democracy 285 Conclusion 300 6. Jurisprudence of the Open State 302 Basic Law and International Law 302 Germany's Constitutional Openness and International Tribunals 319 Basic Law and European Law 325 Conclusion 352 Part III. Basic Rights and Liberties 7. Human Dignity, Personal Liberty, and Equality 355 Dignity of Persons 356 Right to Life 373 Right to Personality 399 Equality 419 Conclusion 439 8. Freedom of Speech, Press, and Art 441 A Jurisprudence of Balancing 442 Reputational Interests and Offensive Speech 460 Resocialization, Privacy, Truth-Telling, and Assembly 479 Freedom of the Press and Broadcasting 502 Artistic and Academic Freedom 519 Conclusion 536 9. Religion, Conscience, and Family Rights 538 Free Exercise of Religion 539 Minority Religions 553 Religious Practices and Symbols in Public Schools 566 Taxation, Autonomy, and Religious Societies 590 Marriage and Family Rights 600 Conclusion 620 10. Economic Liberties and the Social State 622 Nature of the Economic System 623 Right to Property 630 Occupational and Associational Rights 659 Reunification and Economic Liberties 685 Conclusion 711 Appendix A: Chronological Chart of the Justices 713 Appendix B: Biographical Sketches of Presidents and Vice Presidents 717 Notes 725 Tables of Cases 833 Index Permissions 845
£52.70
Fordham University Press The TwentyFifth Amendment
Book SynopsisThis new edition of The Twenty-Fifth Amendment: Its Complete History and Applications updates John Feerick's landmark study with the Amendment's uses in the past twenty years and how those uses (along with new legal scholarship) have changed the Amendment and perceptions of presidential disability.Trade Review"The Twenty-Fifth Amendment was an instant classic when it appeared in 1976; this a revised and expanded third edition will prove equally indispensable. It is a learned and accessible examination of vital issues afflicting the presidency; a model history of how we amend the Constitution to respond to those issues; and a spur for reflection on the perennial challenges of constitutional government. The capstone to John Feerick's labors as a constitutional scholar, historian, and public-spirited citizen, this book deserves the widest possible audience." -- -R. B. Bernstein New York Law School and City College of New York, and author of Amending America and The Founding Fathers Reconsidered "Feerick, author of this book, has been an active participant observer of the process of providing for presidential disability, presidential succession, and vice-presidential replacement. This work remains the definitive account of the adoption and implementation of the Twenty-Fifth Amendment." -ChoiceTable of ContentsIntroduction by Joel K. Goldstein Preface to the Third Edition Acknowledgments from the 1992 Edition Foreword to the 1976 Edition Preface to the 1976 Edition I The Problems 1. Presidential Inability 2. Vice-Presidential Vacancy 3. Succession Beyond the Vice Presidency II The Solution 4. Early Steps to Solve the Inability Problem 5. Senate Passage of S. J. Res. 139 6. Congress Acts 7. Ratification 8. An Analysis of Sections 1, 2, 3, and 4 of the Amendment III Implementations of the Solution 9. The Resignation of Spiro T. Agnew 10. The Substitution of Gerald R. Ford 11. The Resignation of Richard M. Nixon and Succession of Gerald R. Ford 12. The Installation of Nelson A. Rockefeller 13. The Uses and Non-Uses of Section 3 IV Continued Interest and Efforts to Change 14. Congressional Action 15. Symposia, Scholarship, and Commissions 16. Representation of the Twenty-Fifth Amendment in Popular Culture V An Evaluation 17. Appraisal 18. Recommendations Appendixes A. Section-by-Section Development of the Twenty-Fifth Amendment B. Constitutional Provisions on Succession C. Statutory Succession Laws D. Presidential and Vice-Presidential Vacancies E. Times During Which the Speaker, the President pro tempore, or Both Were from a Party Different from the President's F. Rule Number 9 of the Republican Party 317 G. Selected Sections of the Charter and Bylaws of the Democratic Party H. Letter from President Lyndon B. Johnson to House Speaker John W. McCormack I. Schedule of Gerald Ford for August 9, 1974 J. Twenty-Fifth Amendment Memo Prepared for President Gerald R. Ford Notes Bibliography Index
£96.90
Fordham University Press The TwentyFifth Amendment Its Complete History
Book SynopsisThis new edition of The Twenty-Fifth Amendment: Its Complete History and Applications updates John Feerick's landmark study with the Amendment's uses in the past twenty years and how those uses (along with new legal scholarship) have changed the Amendment and perceptions of presidential disability.Trade Review"The Twenty-Fifth Amendment was an instant classic when it appeared in 1976; this a revised and expanded third edition will prove equally indispensable. It is a learned and accessible examination of vital issues afflicting the presidency; a model history of how we amend the Constitution to respond to those issues; and a spur for reflection on the perennial challenges of constitutional government. The capstone to John Feerick's labors as a constitutional scholar, historian, and public-spirited citizen, this book deserves the widest possible audience." -- -R. B. Bernstein New York Law School and City College of New York, and author of Amending America and The Founding Fathers Reconsidered "Feerick, author of this book, has been an active participant observer of the process of providing for presidential disability, presidential succession, and vice-presidential replacement. This work remains the definitive account of the adoption and implementation of the Twenty-Fifth Amendment." -ChoiceTable of ContentsIntroduction by Joel K. Goldstein Preface to the Third Edition Acknowledgments from the 1992 Edition Foreword to the 1976 Edition Preface to the 1976 Edition I The Problems 1. Presidential Inability 2. Vice-Presidential Vacancy 3. Succession Beyond the Vice Presidency II The Solution 4. Early Steps to Solve the Inability Problem 5. Senate Passage of S. J. Res. 139 6. Congress Acts 7. Ratification 8. An Analysis of Sections 1, 2, 3, and 4 of the Amendment III Implementations of the Solution 9. The Resignation of Spiro T. Agnew 10. The Substitution of Gerald R. Ford 11. The Resignation of Richard M. Nixon and Succession of Gerald R. Ford 12. The Installation of Nelson A. Rockefeller 13. The Uses and Non-Uses of Section 3 IV Continued Interest and Efforts to Change 14. Congressional Action 15. Symposia, Scholarship, and Commissions 16. Representation of the Twenty-Fifth Amendment in Popular Culture V An Evaluation 17. Appraisal 18. Recommendations Appendixes A. Section-by-Section Development of the Twenty-Fifth Amendment B. Constitutional Provisions on Succession C. Statutory Succession Laws D. Presidential and Vice-Presidential Vacancies E. Times During Which the Speaker, the President pro tempore, or Both Were from a Party Different from the President's F. Rule Number 9 of the Republican Party 317 G. Selected Sections of the Charter and Bylaws of the Democratic Party H. Letter from President Lyndon B. Johnson to House Speaker John W. McCormack I. Schedule of Gerald Ford for August 9, 1974 J. Twenty-Fifth Amendment Memo Prepared for President Gerald R. Ford Notes Bibliography Index
£37.05
Fordham University Press Law and Revolution in South Africa
Book SynopsisThe relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue.Trade Review"Partly focusing on South Africa as a case study, Cornell considers the challenge of reconstructing a government after the revolutionary overthrow of past dictatorships." - Law & Social Inquiry, Journal of the American Bar Foundation "This book is a rare one-the reflections on philosophy, law, and political theory are profound and moving. Rather than reproduce the multiple stages of debate surrounding transitional justice - reconciliation vs. forgiveness, memory vs. forgetting- the author shifts the question toward what she calls 'substantive revolution.' This marks an advance in discussions of reconciliation and political life after massive, sustained spasms of violence. When one adds to that a significant dose of philosophy and critical theory - from Heidegger through contemporary political philosophers - the book takes on a new thread in theorizing transition and gives it real complexity. Substantive revolution is deepened by critical theory, critical theory is deepened by engagement with the concrete work of substantive revolution." -- -John Drabinski Amherst College "Law & Revolution in South Africa continues Drucilla Cornell's path breaking work on indigenous law formation in post-apartheid South Africa. The essays collected here add to her evolving approach to fundamental ideas of law, politics, and ethics as informing uBuntu, living customary law, and dignity jurisprudence in South Africa. This book bears directly on the vibrant ongoing debate in South Africa about how to restore societal respect for law in light of its gross misappropriation during the many decades of abuse by colonialist and racist control of the country and the accompanying gruesome suppression of the native population. This is a fascinating debate that should be of interest to all those concerned with achieving legitimacy for the institutions and procedures of legality following a transition to constitutional democracy, and especially the extent to which values embedded in customary legal traditions can be used by courts in wrestling with sensitive legal disputes from morally reconstructive perspectives." -- -Richard Falk Princeton UniversityTable of ContentsPreface 1. Introduction: Transitional Justice Versus Substantive Revolution Should Critical Theory Remain Revolutionary? 2. Is Technology a Fatal Destiny? The Relevance of Heidegger for South Africa and for All "Developing" Countries 3. Socialism or Radical Democratic Politics? On Laclau and Mouffe The Legal Challenge of uBuntu 4. Dignity Violated: Rethinking AZAPO Through uBuntu 5. Which Law, Whose Humanity? The Significance of Policulturalism in the Global South 6. The Significance of the Living Customary Law for an Understanding of Law: Does Custom Allow for a Woman to Be Hosi? The Struggle over uBuntu 7. uBuntu, Pluralism, and the Responsibility of Legal Academics to the New South Africa 8. Rethinking Ethical Feminism Through uBuntu 9. Is There a Difference that Makes a Difference Between Dignity and uBuntu? 10. Where Dignity Ends and uBuntu Begins - A Response by Yvonne Mokgoro and Stu Woolman Conclusion: uBuntu and Subaltern Legality Notes Index
£17.09
Rowman & Littlefield Publishers Keeping the Faith
Book SynopsisThis ambitious and accessible history of the nation''s highest court contains information important for every American to know. Widely published historian John E. Semonche demonstrates that the fabric of American constitutional law promotes in citizens a ''civil religion,'' or a faith in the laws and institutions of government that is unique to this country. Semonche supports his arguments by analyzing the Court''s controversies, members, and decisions from its creation to the present. He concludes that, aside from its judicial responsibilities, the Supreme Court plays an equally crucial role in the creation, definition, and maintenance of a culture tolerant of a diverse and pluralistic polity. Everyone interested in the past, present, and future of this essential American institution should read this book.Trade ReviewIn his illuminating study of the significance of the Supreme Court in American public culture, Professor Semonche contends that, from the very beginning, the Justices have played an unappreciated role in shaping American identity and binding us together as a nation. Readers will be fascinated by this challenge to the fashionable naysayers, for Semonche offers a much cheerier view of the performance of the high priests of our civil religion. -- William E. Leuchtenburg, University of North Carolina at Chapel Hill, author of The Supreme Court RebornThe author not only provides a detailed history of the Court's consistent protection of individual rights, but also how the cultural dependence on that consistency makes this a law-abiding nation. * Library Journal *Professor Semonche has written an excellent analytical history of the role and function of what he calls 'the high priests of the American civil religion.' He has succeeded ably in weaving both the theory and the practice of the high tribunal into his historical presentation, and he never lets the reader forget that, as he puts it, 'the Court plays the most significant role as an actor within the culture.' Semonche's tome is a welcome addition to the literature in the field; he reasons comprehensively; and he writes engagingly. -- Henry J. Abraham, University of VirginiaSemonche's book is worthy of commendation for having illuminated the role that the Supreme Court has come to play over time, and the consequences for American politics, life, and culture. Keeping the Faith's central thesis is one that all serious students of the Supreme Court will need to consider. -- David Stebenne, Dept. of History, Ohio State * H-Net: Humanities and Social Science Reviews Online *Semonche's broad legal-historical survey stands as a model of intelligence and grace . . . warrants the consideration of all students of American law. -- M. Cantor, Universtiy of Massachussets at Amherst * CHOICE, December 1998 *Gracefully written for a wide audience. -- Kenneth L. Karst, University of California, Los Angeles * American Historical Review *An innovative study of the history of the Supreme Court that draws imaginatively on concepts of culture in general and civic religion in particular. Every student of the Court will benefit from Semonche's insightful analysis that has as much to say about the values that bind Americans as it does about constitutional law and the justices. -- Kermit Hall, North Carolina State UniversityThe justices of the Supreme Court are the nation's 'high priests,' and their primary function is to interpret our 'holy writ,' that is the U.S. Constitution. They are the keepers of the flame of liberty, the defenders of the covenant, our help in ages past, and our hope in years to come. . . . The author has good case to make about this civic faith or civil religion. -- Edwin S. Gaustad, University of California, Riverside * Church History: Studies in Christianity and Culture *A fascinating look at the history and role of the United States Supreme Court. . . . The book would make an excellent supplemental text for classes on Supreme Court history or on civil liberties. -- Craig Hemmens, Boise State University * Perspectives on Political Science *A thoughtful, balanced, and perceptive account of the Supreme Court in American government and politics. . . . A sweeping historical survey, richly informed. -- Herman Belz, University of MarylandA remarkable study of the Supreme Court's crutial—and yet often overlooked and certainly underappreciated—role in the formation and development of American political culture. * Annals of the American Academy of Political and Social Sciences *Engaging and provocative, Keeping the Faith is a book that deserves a wide audience among those interested in constitutional history. Semonche is able to summarize Court history compellingly and efficiently. Semonche is able to condense a good deal in a few paragraphs, his grasp of the full range of the Court's history is exemplary, and he has developed a distinctive thesis that will catch the attention of both scholars and general readers of serious nonfiction. * Law and History Review *Table of ContentsChapter 1 Introduction: The Ties That Bind Chapter 2 "In the Beginning Was the Word," 1620-1791 Chapter 3 Establishing the Parameters of Priestly Duties, 1790-1821 Chapter 4 Expounding the Holy Writ in Troubled Times, 1810-1860 Chapter 5 Interpreting New and Old Holy Books: Part I: Beginning to Widen the Civil Religious Community, 1860-1917 Chapter 6 Interpreting New and Old Holy Books: Part II: Protecting Property and Other Individual Rights in the Changing Economy, 1864-1917 Chapter 7 Responding to New Crises and Exploring the Implications of the Civil Theology, 1917-1941 Chapter 8 Searching for the Meaning of Loyalty within the American Civil Religion, 1940-1959 Part 9 Struggling to Equalize Justice and Expand the Civil Theology's Reach Chapter 10 Part I: The Matter of Race, 1954-1997 Chapter 11 Part II: Other Matters Including Gender and Sectarian Religion: 1962-1997 Chapter 12 Making the Scriptures on Individual Rights Nationally Operative, 1960-1997 Chapter 13 The Blessings of Liberty Chapter 14 Notes Chapter 15 Justices of the Supreme Court Chapter 16 Case Index Chapter 17 Subject Index
£21.25
Wisconsin Historical Society Press The Documentary History of the Ratification of
Book Synopsis
£90.25
Wisconsin Historical Society Press The Documentary History of the Ratification of
Book Synopsis
£90.25
Wisconsin Historical Society Press The Documentary History of the Ratification of
Book Synopsis
£90.25
Wisconsin Historical Society Press The Documentary History of the Ratification of
Book Synopsis
£90.25
Wisconsin Historical Society Press The Documentary History of the Ratification of
Book Synopsis
£90.25
Wisconsin Historical Society Press The Documentary History of the Ratification of
Book Synopsis
£90.25
University of Alberta Press Canadas Constitutional Revolution
Book SynopsisThe Honourable Barry L. Strayerâs political memoir on Canadian constitutional reform, 1960â1982.Trade Review"The Hon. Barry L. Strayer was instrumental in designing Canada's Charter of Rights and Freedoms and the 1982 repatriation of the Constitution. In Canada's Constitutional Revolution, the retired federal court judge recalls his involvement as a legal adviser during the period of constitutional reform from 1960 to '82." Quill & Quire"[On April 27, 1982, Queen Elizabeth signed the Constitution Act on Parliament Hill.] For nearly 15 years [Barry Strayer] had toiled mightily in the labyrinthine structures of federal constitutional planning and in the chambers of federal-provincial negotiations to get to just this moment. In Ottawa that day Canada's sovereignty was formalized; it gained untrammelled authority over its own constitution and it declared its subscription to human rights. Strayer was crucial to the federal government's constitutional endeavours, from policy consulting with the prime minister to reassuring parliamentarians, to preparing court cases, to organizing strategic planning and the writing of constitutional drafts. He was at the very centre of Canada's modern constitutional moment." John D. Whyte, Literary Review of Canada, May 2013"...a cogent, thorough, and diverting narrative of his time as a top-level constitutional advisor to the Lester B. Pearson and Pierre Trudeau Liberal governments.... In broad terms, the book is a meditation on the intellectual and political complexity of the transition, in a federal system, from a regime of legislative supremacy to one of constitutional supremacy..... The tone of the book is principally serious and scholarly, and provides a detailed and technical first-hand analysis of the development of the Charter and the Canada Act 1982." -- Tom O'Hara * Saskatchewan Law Review *"Barry L. Strayer's book about the formation of Canada's present constitutional order, and his own role in it, joins a short and distinctive shelf of similarly erudite yet also entertaining legal memoirs.... What could easily have been an unrelievedly ponderous exposition of constitutional law and history is leavened by Strayer's disarmingly informal and witty recollections of the leading personalities in Canadian politics from the 1950s to the 1980s.... Canada's constitutional revolution has worked overwhelmingly positive changes for that country, advancing the dignity and stature of a great nation and providing a globally relevant model for protecting human rights and individual freedom. For that and other reasons, Judge Strayer can look back with pride on his life's work." [Full review at https://www.h-net.org/reviews/showrev.php?id=39911] -- Bryan H. Wildenthal * H-Net Reviews *
£26.99
Imprint Academic Off with Their Wigs Judicial Revolution in Modern
Book SynopsisOn Thursday June 12th 2003, a press release concerning a Cabinet reshuffle declared as a footnote that the office of Lord Chancellor was to be abolished and that a new Supreme Court would replace the House of Lords as the highest court in the United Kingdom. In response to intense criticism of the Government for announcing these judicial reforms without holding any prior debate or consultation, Charles Banner and Alexander Deane have sought the views of several constitutional experts including judges, leading QCs, legal and political academics, commentators and MPs. This book is the product of their research: citing the interviewees at length, it critically analyses the Government''s proposals and looks at the various alternative models for appointing judges and for a new court of final appeal. The future of the QC system, which the Government has again indicated a desire to abolish, is also discussed in the book.
£11.83
Sea Raven Press The Constitution of the Confederate States of America Explained A ClauseByClause Study of the Souths Magna Carta
£13.29
Legare Street Press Derecho Constitucional De Las Repúblicas
Book Synopsis
£28.45
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
Houghton Mifflin Impeach
Book Synopsis
£29.99
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
Sterling Juvenile U.S. Constitution SparkCharts
Book Synopsis
£6.40
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
State University of New York Press Constitutionalism Executive Power and the Spirit
Book SynopsisLeading scholars and legal practitioners explore constitutional, legal, and philosophical topics.In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, "The Role of Courts in Constitutional Democracy," analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, "Law and Executive Authority," reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, "Liberal Education, Constitutionalism, and Philosophic Moderation," shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.
£65.04
State University of New York Press US Supreme Court and the Centralization of
Book SynopsisTraces the US Supreme Court's effect on federal government growth from the founding era forward. This book explores the US Supreme Court's impact on the constitutional development of the federal government from the founding era forward. The author's research is based on an original database of several hundred landmark decisions compiled from constitutional law casebooks and treatises published between 1822 and 2010. By rigorously and systematically interpreting these decisions, he determines the extent to which the court advanced and consolidated national governing authority. The result is a portrait of how the high court, regardless of constitutional issue and ideology, persistently expanded the reach and scope of the federal government.
£22.96
State University of New York Press US Supreme Court and the Centralization of
Book SynopsisTraces the US Supreme Court''s effect on federal government growth from the founding era forward.This book explores the US Supreme Court''s impact on the constitutional development of the federal government from the founding era forward. The author''s research is based on an original database of several hundred landmark decisions compiled from constitutional law casebooks and treatises published between 1822 and 2010. By rigorously and systematically interpreting these decisions, he determines the extent to which the court advanced and consolidated national governing authority. The result is a portrait of how the high court, regardless of constitutional issue and ideology, persistently expanded the reach and scope of the federal government.
£65.04
State University of New York Press Emerging from the Shadows
Book SynopsisFirst-of-its-kind study offering a model for understanding vice-presidential influence in the modern era.Although once derided as an insignificant office, the vice presidency in the last forty years has witnessed an increase in stature, prominence, and influence. Emerging from the Shadows focuses on explaining variation in vice presidential influence over time with an assumption that all vice presidents in the modern era have the capacity to exercise influence. This study is the first of its kind to ascertain the true nature of vice-presidential influence and the consequences of changing interpersonal, situational, institutional, and electoral dynamics on that influence using in-depth interviews and archival research. These four dynamics, as Richard M. Yon demonstrates, provide a model by which to understand the fluidity of vice-presidential influence, which in turn enables more precise analysis of the vice presidencies of Nelson Rockefeller, Walter Mondale, George H. W. Bush, Dan Quayle, Al Gore, Dick Cheney, and Joe Biden.
£72.27
Rowman & Littlefield American Law from a Catholic Perspective
Book SynopsisEdited by Ronald J. Rychlak, American Law from a Catholic Perspective is one of the most comprehensive surveys of American legal topics by major Catholic legal scholars. Contributors explore bankruptcy, corporate law, environmental law, family law, immigration, labor law, military law, property, torts, and several different aspects of constitutional law, among other subjects. Readers will find probing arguments that bring to bear the critical perspective of Catholic social thought on American legal jurisprudence. Essays include Michael Ariens's account of Catholicism in the intellectual discipline of legal history, William Saunders's assessment of human rights and Catholic social teaching, Hadley Arkes's look at the place of Catholic social thought with respect to bioethics, and many others on major legal topics and their intersection with Catholic social teaching. American Law from a Catholic Perspective is essential reading for all Catholic lawyers, judges, and law students, as well Trade ReviewRonald Rychlack has put together a highly useful series of articles on the relationship between American law and the teachings of the Catholic Church. In twenty-two chapters this volume discusses areas of law from torts (the law of civil wrongs), to marriage, to the relationship between church and state. Chapters also discuss law-related issues, including the failures of Catholic law schools and the legal implications of the Catholic conception of the person. Sometimes the message is one of congruence, sometimes of disappointment and critique, most often a bit of both. The reader generally is given a helpful summary of central issues of law as seen through the lens of Catholic thought…. Richard Myers provides an impressively succinct and accurate summary of the law of church and state in America…. [This is] a highly useful sourcebook, especially for non-specialists seeking greater understanding of American law from a Catholic perspective. * Catholic Social Science Review *The contributors to American Law from a Catholic Perspective are well acquainted with the nuance and sophistication of Catholic social teaching. In this fine collection of essays, they evaluate the American legal system against the values that animate the Church’s vision of a just and humane society. The result, to quote Notre Dame law professor Gerry Bradley’s forward, is a primer that is 'relentlessly critical,' but not 'full of criticism.' The authors closely scrutinize American laws on moral grounds, and find much to commend. . . . Because the justifying aims of law are moral, legal pronouncements may be evaluated as to whether or not they are, in fact, good or just. Anyone interested in that endeavor will be well served by consulting American Law from a Catholic Perspective. * The University Bookman *American Law from a Catholic Perspective helps to remind readers where their allegiances must lie. The attentive reader can begin to see the ways in which he must work to change American law at its very roots to help it conform to the truth proclaimed by the Church. * First Things *American Law from a Catholic Perspective is just what its title promises and so much more: a brilliant collection of essays from some of the country’s best legal thinkers. This work reveals how practically every area of the law can be illuminated and enriched through a deep grounding in the Catholic faith. It’s a treasure-house of insights and an inspiring demonstration of what it can mean for a jurist to respond wholeheartedly to the call of Vatican II for the laity to bring the social teachings of the Church to life in the professional, social, cultural, and political spheres. -- Mary Ann Glendon, Learned Hand Professor of Law, Harvard University, former U.S. Ambassador to the Holy SeePrecisely because I am not a lawyer, I really liked this book. For an outsider, it provides a crisp guide to the history of American Catholics under American law—a fairly friendly and yet often antagonistic encounter. I hadn’t known that there are 29 Catholic law schools in the United States today, not even that the first of them opened at Notre Dame in 1869. I hadn’t been walked through some main currents of American law, from the long-contested meaning of 'law' among philosophers of law to the current relation of law to bioethics. Catholic legal thinkers have awakened only slowly to the task of bringing new horizons into the national dialogue on law, and are only at the beginnings of doing so. . . . This book provides an invaluable overview, to which I shall want to return for references. -- Michael Novak, former U.S. Ambassador to the U.N. Human Rights Commission, 1994 Templeton laureateTable of ContentsForeword by Gerard V. Bradley Preface 1.Religion and Roman Catholicism in American Legal History Michael Ariens 2.The Ethics of Lawyers and Judges: Perspectives from Catholic Social Teaching Robert A. Destro 3.A Brief History of American Catholic Legal Education: The Arc of an Uncertain Identity John M. Breen and Lee J. Strang 4.Philosophy of Law Robert P. George 5.Tort Law from a Catholic Perspective Ronald J. Rychlak 6.American Corporate Law and Catholic Social Thought John M. Czarnetzky 7.The Meaning of Person: A Catholic Legal Perspective Robert John Araujo, SJ 8.Church and State Richard S. Myers 9.First Amendment Freedoms and the Right of Privacy: The Necessary Connection Between Rights and Human Dignity That the U.S. Supreme Court Often Fails to Make Stephen M. Krason 10.Equal Protection, Free Speech, and Religious Worship Timothy J. Tracey 11.United States Immigration Law and Policy Through a Catholic Lens Michael A. Scaperlanda 12.Human Dignity and the Death Penalty: Comparing Catholic Social Teaching and Eighth Amendment Jurisprudence Dorie Klein 13.Fidelity and Fairness in Marital Commitments, Covenants, and Contractual Relationships: Mulieris Dignitatem’s Wisdom Kevin H. Govern 14.Catholic Perspectives on Family Law Bill Piatt 15.The Odd Couple: Comparing U.S. Military Law and Roman Catholic Ideology Richard V. Meyer 16.Property Law D. Brian Scarnecchia 17.The Call to Stewardship: A Catholic Perspective on Environmental Responsibility Lucia A. Silecchia 18.American Bankruptcy Law and Catholic Social Theory John M. Czarnetzky 19.Intellectual Property Thomas C. Berg 20.Labor and Employment Law David L. Gregory 21.International Human Rights, Catholic Social Teaching, and American Practice: The Case of Human Rights Treaty Committees William L. Saunders 22.Looking Back, Looking Ahead: A Strategy for the Pro-Life Movement Hadley Arkes Index
£40.50
