Constitution Books
New York University Press Why Jury Duty Matters
Book SynopsisUrges people to re-examine the jury experience and act on constitutional principles before, during, and after jury serviceTrade Review"Ferguson, a veteran lawyer and law professor, outlines the importance of the jury in the legal system, how the right to trial by jury helped push the American Revolution forward, and how civil rights advances that created a more balanced jury pool have resulted in fairer trials for all...the dedicated and wonk-minded will learn a great deal about our legal system." * Publishers Weekly *"An investigation and celebration of what we so often rue: jury duty. Former public defender Ferguson (Law/Univ. of the District of Columbia) takes jury duty seriously but not in an admonitory, finger-wagging sense. He wants readers to appreciate the brilliance of the jury process as civic engagement, an act of public virtue, due process and accountability. Ferguson witnesses the process daily, and he serves it forth here to readers with enthusiasm: I watch as constitutional ideals such as civic participation, deliberation, fairness, equality, liberty, accountability, freedom of conscience, and the common good come alive through the practice of ordinary citizens. In each chapter, the author takes a constitutionally grounded principal and shows how it applies to jury duty. Jury participation teaches the skills required for democratic self-governance, it acquaints jurors with the rule of law and it promotes the equality of ideas. Ferguson is an artful booster for community involvement and social connection and an advocate for the ability to challenge any perceived infringement of rights; a copy of the Constitution is always ready at his hand. This is a book that makes you feel good about a system that requires this type of participation, in which we must reflect with clarity on the guilt or innocence of an individual. A genuine encouragement that speaks to the role juries play in our constitutional structure." * Kirkus Reviews *"Andrew Guthrie Ferguson reminds us that whether we like it or not, we are all constitutional actors. Jury duty provides an opportunity to reflect on that constitutional responsibility." * LA Daily Journal *"Former public defender Ferguson (law, Univ. of the District of Columbia; coauthor, Youth Justice in America) offers an inspiring perspective on jury duty. Using a combination of personal narrative, political science, and American history, he moves beyond the simple argument that jury duty is a civic responsibility and something to be endured for the good of the justice system. Instead, Ferguson situates jury duty as an opportunity for citizens to exercise foundational American values such as fairness, equality, participation, deliberation, and liberty. Jury duty brings together people from different races and different classes on equal footing. He explains that through service on a jury, a person can practice skills that are valuable for citizenship. VERDICT: Ferguson presents a new kind of handbook for potential jurors. Accessible and easy to read, the book is written for the average citizen who might be called to serve on a jury.Rachel Bridgewater, Portland Community Coll. Lib., OR." * Library Journal *"Summoned for jury duty? This is the book for you!-Greta Van Susteren" * Fox News *"Every year thousands of American citizens are summoned for the important civic duty of serving on a jury. What is their role, why is it a duty, and why is it so important? This unique and highly readable book is addressed to a lay audience. It will be useful for those citizens who have served on juries, for those who will someday be called to serve, and, indeed, for anyone who has an inquisitive mind about a crucial part of our legal system. Author Andrew Guthrie Ferguson lucidly describes the history of the jury and explains why juries play such a critical role in the contemporary American system of justice. Copies should be placed in the jury assembly rooms of every courthouse. The book can also be a useful supplement for high school civics courses." -- Neil Vidmar,Russell M. Robinson II Professor of Law, Duke University School of Law"Ferguson seeks to capture the attention of a broader audience, and does so through a personal and scholarly approach that is adequate to understanding the judicial, and more broadly, constitutional system of self-governance. Summing Up: Recommended." -- J. Michael Bitzer * CHOICE *"Professor Andrew Guthrie Ferguson's Why Jury Duty Matters: A Citizen's Guide to Constitutional Actionshould be read by every adult in this nation and by every youth before reaching 18 years of age, not only for its historical content, but for its message that jury service by every eligible person is critical to protecting the life and liberty of every person living in the United States and protects the individual from the tyranny of government." -- Judge Arthur L. Burnett Sr. * Criminal Justice *"Serving on a jury is at the heart of what it means to be American....And juries are the embodiment of democracy--12 citizens each have a vote, with the results deciding a citizen's fate." -- Andrew Guthrie Ferguson * Bottom Line-Personal *"This book will help us all move beyond feeling jury service is solely a duty. These well-written pages clearly demonstrate jury service is a privilege and that a jury summons is an admission ticket to very special higher learning. The book should inspire important citizen reflections both at the courthouse and at our kitchen tables." -- Judge Gregory E. Mize,Judicial Fellow, National Center for State Courts"This is a brilliant and motivating plea to please serve when summoned." -- Ralph Nader"what might be the most earnest book that's come across my desk in years" -- Dan Rodricks"Where would we find a large and regularly available group of citizens with time to discuss the importance of citizenship with aspiring citizens? Perhaps, we need look no further than jury waiting rooms all across the country. In those rooms, millions of Americans wait for the opportunity to serve on a jury." -- Andrew Guthrie Ferguson * American Constitution Society *""Andrew Ferguson has written an inspiring bookaddressed to every Americanto explain why serving as a juror is vital to our democracy. He masterfully weaves the jury process with constitutional principles showing how the jury puts these principles into everyday practice. Fergusons book will transform readers from reluctant citizens into responsible jurors. Every court should give prospective jurors a copy of this book so that they will understand the jurys integral role in our democracy. " -- Nancy S. Marder,Professor of Law and Director of the Jury Center, Chicago-Kent College of Law"[I]f citizenship matters for jury duty eligibility we need to ask ourselves why it matters. It's not an easy question to resolve, but like jury service, it is a job that only 'we the people' can do." -- Andrew Guthrie Ferguson * The Atlantic *"In any event, kudos to Andrew for his important work and great example in making legal scholarship more relevant." * Prawf's Blawg *"[A]n insightful and beautifully written account of jury service that speaks to the prospective juror in all of us, while at the same time offering lessons in the history and constitutional significance of the jury that will be enlightening for lawyers and lay readers alike...Ferguson provides an inspiration primer for jury service. Beyond his deep insight into every aspect of juror's service, [his] overriding optimism and palpable reverence for the jury as an institution are powerful enough to make even the most skeptical reader view their next jury summons in an entirely new light." * The Champion *"As attorneys we learned the constitutional basis for jury trails in law school. Those of us who work in litigation know and understand the importance of juries to our court system, but probably few of us have considered the importance of jury duty to us as citizens. Now a law professor at the University of the District of Columbia, Ferguson wrote Why Jury Duty Matters, for those called to serve as jurors. It is an explanation of the importance of jury duty to us as citizens, how it enables us to participate in democratic government." * The Daily Journal *Table of Contents1 An Invitation to Participation2 Selecting Fairness3 Choosing Equality4 Connecting to the Common Good5 Living Liberty6 Deciding Through Deliberation 7 Protecting a Dissenting Voice 8 Judging Accountability
£18.99
New York University Press The State of Play Law Games and Virtual Worlds
Book SynopsisPresents an essential first step in understanding how new digital worlds will change the future of our universe. This book considers questions such as: What rules should govern virtual communities? Should the law step in to protect property rights when virtual items are destroyed or stolen?Trade ReviewThe State of Play is an extremely comprehensive look into digital worlds and how those worlds are evolving cultures, changing lives, reshaping the way we think and communicate. If you want to understand where modern culture is headed and learn more about incredibly fascinating experiences taking place in virtual worlds, pick up and read this book now. -- Richard Garriott,a.k.a. Lord British, Creator of Ultima Online and Executive Producer, NCsoftThese essays, by the best thinkers in their fields, will be read, debated, taught, and cited in court cases as we struggle to figure out how to live in a world which is part digital and part social, part real and part imaginary. -- Henry Jenkins,author of onvergence Culture: Where Old and New Media CollideThis is a spectacular collection of essays on the present and future of virtual worlds. It's a perfect introduction for those who have yet to experience them, and more important, a thoughtful companion for those who do. -- Jonathan Zittrain,Oxford UniversityIs useful and interesting for students of surveillance. * Surveillance & Society *With diverse essays from game designers, social scientists and legal scholars, The State of Play is a provocative consideration of virtual jurisprudence. * Paste Magazine *Table of ContentsPart I: Introduction1. Introduction 2. Virtual Worlds: A PrimerPart II: Game Gods and Game Players3. Virtual Worldliness 4. Declaring the Rights of Players5. The Right to Play 6. Law and Liberty in Virtual Worlds Part III: Property and Creativity in Virtual Worlds7. Virtual Crime 8. Owned! Intellectual Property in the Age of eBayers, Gold Farmers, and Other Enemies of the Virtual State9. Virtual Power Politics 10. Escaping the Gilded Cage: User-Created Content and Building the Metaverse11. There Is No Spoon Part IV: Privacy and Identity in Virtual Worlds12. Who Killed Miss Norway? 13. Who's in Charge of Who I Am? Identity and Law Online14. Privacy and Data Collection in Virtual Worlds Part V: Virtual Worlds and Real-World Power15. Virtual Worlds, Real Rules: Using Virtual Worlds to Test Legal Rules16. The New Visual Literacy: How the Screen A?ects the Law17. Democracy-The Video Game: Virtual Worlds and the Future of Collective ActionAbout the Contributors Acknowledgments Case List Index
£23.74
University of Minnesota Press Deadliest Enemies
Book Synopsis
£17.99
Duke University Press Popular Sovereignty and the Crisis of German
Book SynopsisA historical analysis of doctrines of constitutional law during the Weimar Republic. This book reveals the various facets of the constitutional struggles that permeated German legal and political culture during the Weimar Republic. This book will be useful for all those interested in the continuing problems of democracy and constitutionalism.Trade Review“A searching examination and critical analysis of the debates in Germany over the meaning and interpretation of the constitution during the Weimar years. No other book in English, so far as I know, treats Weimar constitutionalism with the depth and analytical power of this study. What an admirable study of intellectual history this book is!”—Donald P. Kommers, University of Notre Dame“An outstanding contribution to the literature on 20th-century Germany and its political/legal theory.”—Ellen Kennedy, University of Pennsylvania
£25.19
Duke University Press Reconstructing Reconstruction
Book SynopsisExamines the post-Civil War struggle between competing political and legal interpretations of slavery and reconstruction to reveal how accepted historical truth was established. Offering a fresh approach to the subject of original intent, this book is useful for legal historians and scholars of constitutional law, and American history.Trade Review“Brandwein’s impressive study adds a new dimension to the understanding of Reconstruction ideology and its legacy for future civil rights jurisprudence. . . . Highly recommended.” - Choice“[A] welcomed . . . critique. . . . Professor Brandwein develops her thesis using an able study of how Americans from Reconstruction to the present have understood the events responsible for the passage of the post-Civil War Amendments.” - Mark A. Graber, The Law and Politics Book Review“[W]ell-formulated, insightful, and timely. . . . Any sociologist interested in the origins, reproduction, and transformation of social hierarchies must come to terms with this crucial insight about law and patterns of social organization.” - Nicholas Pedriana, American Journal of Sociology“Reconstructing Reconstruction is one of the finest meditations on history and law in recent years.” - Bryan H. Wildenthal, H-Net Reviews“[A] good read. . . . Reconstructing Reconstruction is a fascinating journey that leads inexorably to [Brandwein’s] closing argument that constitutional law is a ‘culture of argument.’ . . . [H]er examination of the sociology of constitutional law is good reading for judges, lawyers, and students of constitutional law.” - Howard Ball, Journal of American History“An exciting theoretical examination. . . . Legal scholars will have to acknowledge the challenge Brandwein poses by treating ‘original intent’ as a social and historical construction.”—Mark Tushnet, Georgetown University Law Center“An important call for the development of a ‘sociology of constitutional law.’ Brandwein forces us to pay more attention to the ways in which the reconstruction of history (in this case, the history of Reconstruction) becomes a vital resource in contemporary constitutional politics.”—Howard Gillman, University of Southern California“Reconstructing Reconstruction is one of the finest meditations on history and law in recent years.” -- Bryan H. Wildenthal * H-Net Reviews *“[A] good read. . . . Reconstructing Reconstruction is a fascinating journey that leads inexorably to [Brandwein’s] closing argument that constitutional law is a ‘culture of argument.’ . . . [H]er examination of the sociology of constitutional law is good reading for judges, lawyers, and students of constitutional law.” -- Howard Ball * Journal of American History *“[A] welcomed . . . critique. . . . Professor Brandwein develops her thesis using an able study of how Americans from Reconstruction to the present have understood the events responsible for the passage of the post-Civil War Amendments.” -- Mark A. Graber * Law and Politics Book Review *“[W]ell-formulated, insightful, and timely. . . . Any sociologist interested in the origins, reproduction, and transformation of social hierarchies must come to terms with this crucial insight about law and patterns of social organization.” -- Nicholas Pedriana * American Journal of Sociology *“Brandwein’s impressive study adds a new dimension to the understanding of Reconstruction ideology and its legacy for future civil rights jurisprudence. . . . Highly recommended.” * Choice *Table of ContentsAcknowledgments 1. Introduction 2. Slavery as an Interpretive Issue in the 39th Reconstruction Congress: The Northern Democrats 3. Republican Slavery Criticism 4. The Supreme Court’s Official History 5. Dueling Histories: Charles Fairman and William Crosskey Reconstruct “Original Understanding” 6. Recipes for “Acceptable” History 7. History as an Institutional Resource: Warren Court Debates over Legislative Apportionment 8. Constitutional Law as a “Culture of Argument”: Toward a Sociology of Constitutional Law 9. Conclusion Notes Bibliography Index
£25.19
Duke University Press Foreign in a Domestic Sense
Book SynopsisMore than four million United States citizens live in five "unincorporated" US territories. The inhabitants of these vestiges of an American empire are denied representation in Congress and cannot vote in presidential elections. This book addresses the problem of the US territories.Trade Review“I can hardly contain my enthusiasm for this project, which brings together an array of authoritative scholars in the field. “Foreign in a Domestic Sense” is the most important work of its kind of our generation, a book that advances the scholarship while having a material impact on current and future debates about Puerto Rico’s self-determination.”—Francisco A. Scarano, author of Puerto Rico: Cinco Siglos de HistoriaTable of ContentsPreface Between the Foreign and the Domestic: The Doctrine of Territorial Incorporation, Invented and Reinvented / Christina Duffy Burnett and Burke Marshall I. History and Expansion Some Common Ground / José A. Cabranes Teutonic Constitutionalism: The Role of Ethno-Juridical Discourse in the Spanish-American War / Mark S. Weiner A Constitution Led by the Flag: The Insular Cases and the Metaphor of Incorporation / Brook Thomas Deconstructing Colonialism: The “Unincorporated Territory” as a Category of Domination / Efrén Rivera Ramos II. Expansion and Constitution Installing the Insular Cases into the Canon of Constitutional Law / Sanford Levinson Fulfilling Manifest Destiny: Conquest, Race, and the Insular Cases / Juan F. Perea U.S. Territorial Expansion: Extended Republicanism versus Hyperextended Expansionism / E. Robert Statham Jr. Constitutionalism and Individual Rights in the Territories / Gerald L. Neuman III. Constitution and Membership Partial Membership and Liberal Political Theory / Mark Tushnet Injustice According to Law: The Insular Cases and other Oddities / José Trías Monge One Hundred Years of Solitude: Puerto Rico’s American Century / Juan R. Torreulla A Tale of Distorting Mirrors: One Hundred Years of Puerto Rico’s Sovereignty Imbroglio / Roberto Aponte Toro IV. Membership and Recognition Law, Language, and Statehood: The Role of English in the Great State of Puerto Rico / José Julián Alvarez González Puerto Rican National Identity and United States Pluralism / Angel Ricardo Oquendo Puerto Rican Separatism and United States Federalism / Richard Thornburgh The Bitter Roots of Puerto Rican Citizenship / Rogers M. Smith A Note on the Insular Cases / Christina Duffy Burnett Notes on Contributors Index
£27.90
Duke University Press Congress and the Constitution
Book SynopsisEssays contest the notion of the absolute preeminence of judicial review in constitutional interpretation, analyzing the role of Congress as a constitutional interpreter and responsible constitutional agentTrade Review“Congress and the Constitution is a timely and provocative book on whether, when, and how Congress thinks about the meaning of the Constitution. The excellent scholarship in this volume raises deep questions about the relationship between Congress and the courts in interpreting the Constitution and sets an agenda for further work in this important area. In so doing, the book makes a significant contribution.”—Elena Kagan, Dean of Harvard Law School“The subject of this collection—the treatment of the Constitution by legislators in Congress—is both extremely interesting and important, and I do not believe that there is any other single book that is so effective in bringing together a wide range of relevant materials.”—Sanford Levinson, author of Wrestling with DiversityTable of ContentsAcknowledgments vii Introduction / Neal Devins and Keith E. Whittington 1 Prolegomena for a Sampler: Extrajudicial Interpretation of the Constitution, 1789–1861 / David P. Currie 18 Congressional Attitudes toward Constitutional Interpretation / Bruce G. Peabody 39 Constitutional Analysis by Congressional Staff Agencies / Louis Fisher 64 Hearing about the Constitution in Congressional Committees / Keith E. Whittington 87 The Federal Appointments Process as Constitutional Interpretation / Michael J. Gerhardt 110 Lawyers in Congress / John C. Yoo 131 Congressional Responses to Judicial Review / J. Mitchell Pickerill 151 Court, Congress, and Civil Rights / Michael J. Klarman 173 Quasi-Constitutional Law: The Rise of Super-Statutes / William N. Eskridge Jr. and John Ferejohn 198 Congressional Fact Finding and the Scope of Judicial Review / Neal Devins 220 Institutional Design of a Thayerian Congress / Elizabeth Garrett and Adrian Vermeule 242 Evaluating Congressional Constitutional Interpretation: Some Criteria and Two Informal Case Studies / Mark Tushnet 269 Can Congress Be Trusted with the Constitution? The Effects of Incentives and Procedures / Barbara Sinclair 293 About the Contributors 313 Index 315
£25.19
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
£102.60
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
£18.04
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
£17.58
New York University Press The Fight for Free Speech
Book SynopsisA user's guide to understanding contemporary free speech issues in the United StatesAmericans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user's guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech questionfrom student walkouts for gun safety to Samantha Bee's expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels and then identifies, unpacks, and explains the key Supreme Court Trade Review"A deep dive into 10 precedent-setting legal actions that helped define the scope—and limits—of the First Amendment.... Essential reading for journalists, political activists, and ordinary citizens alike." * Kirkus Reviews (starred) *"Anyone who reads this book will come away with a solid understanding of the dilemmas of free speech law. Readers with no legal training will gain a huge and valuable insight into the complexities of free speech law. This book ought to be required reading for all political leaders..." * Los Angeles Review of Books *"Rosenberg presents challenging, provocative material in an engaging manner.... Anyone interested in the history of free speech and the Supreme Court will enjoy this extensively researched book." * Library Journal *"This book should be required reading for all engaged citizens. My colleague Ian Rosenberg puts vital information about the law in crisp, comprehensible language. You get a tour through history and a primer on your rights in this eminently useful and readable book." -- Dan Harris, co-anchor of the weekend edition of Good Morning America and #1 New York Times bestselling author of 10% Happier"The Fight for Free speech is a must read for anyone, of any age, to understand the stakes for the amendment America’s founders chose to put first, because without it representative democracy dies aborning. The magic of this book is that it is written with the clarity, concision and dynamism vital to make its lessons stick. It is simply a great read, and a powerful one." -- Brooke Gladstone, co-host of WNYC's On the Media"The Fight for Free Speech is a wonderful guide to our free speech rights, serving as an engaging introduction for all readers, and as an illuminating source of insights even for those with expertise in First Amendment law." -- Nadine Strossen, Former President, American Civil Liberties Union, and author of HATE: Why We Should Resist it With Free Speech, Not Censorship"Ian Rosenberg’s riveting portrayal of ten of the Supreme Court’s leading free speech cases is a page-turner! The Fight for Free Speech tells the gripping, behind-the-scenes stories of those whose visions and passion paved the way for their causes to be heard before our country’s High Court." -- Hon. Frederic Block, United States District Judge, and author of Crime & Punishments: Entering the Mind of a Sentencing Judge"The Fight For Free Speech is as clear as its title. In choosing ten areas of enormous conflict with respect to the scope of free expression and describing cases as to each in a manner that the widest range of readers can both understand and enjoy, Ian Rosenberg has done us all a great service. That this book should be released at a time when the First Amendment is under sustained attack makes it all the more valuable." -- Floyd Abrams, Senior Counsel, Cahill Gordon & Reindel, and author of The Soul of the First Amendment"The past greets the present in Ian Rosenberg’s captivating free speech stories. These true-to-life accounts invite readers to reflect on the value of liberty and the price of freedom. Rosenberg’s revealing narratives, based on ten seminal cases, are crafted with the finesse of a gifted writer combined with the acumen of a learned lawyer. Forceful yet thoughtful, credible yet concise, historical yet modern, engaging yet erudite -- they all tumble together in The Fight for Free Speech, a mind-opening book aptly fit for our times." -- Ronald K.L. Collins, editor of First Amendment News & co-author of We Must Not be Afraid to be Free."With verve and aplomb,The Fight for Free Speech reveals actual free speech conflicts on the ground along with the basic First Amendment law they engendered. It is a gift for citizenship." -- Donald A. Downs, Alexander Meiklejohn Professor of Political Science Emeritus, UW-Madison, and author of Free Speech and Liberal Education"Using recent controversies about free expression as his starting point, Ian Rosenberg introduces general readers to classic problems that have defined the constitutional contours of freedom of expression. You don’t need a legal background to learn a great deal from The Fight for Free Speech." -- Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School"The Fight for Free Speech is an accessible but learned survey of the concepts upon which the Constitutional right to free speech rests. Its 10 chapters weave fascinating narratives about the people who stood up for free speech and the Supreme Court Justices who have struggled to understand how and where to delineate the lines that separate this precious freedom from behavior and language that can be prohibited. Rosenberg explores and contextualizes the signature tropes of free speech discourse including the market place of ideas, shouting fire in a crowded theater, rights that don’t stop at the schoolhouse door, prior restraint, the right to parody and hate speech in order to make our ongoing discourse more careful and accurate. The book is a perfect text for college courses in a variety of fields, including history, government, communication, and politics. It is also a challenging book for AP high school classes. Rosenberg beautifully combines the legal discussions with stories of contemporary examples, and leaves plenty of space to add new examples that will surely present themselves on a regular basis. It is guaranteed to start a discussion!" -- Randall Iden, Faculty Director, Master of Science in Communication Program, Northwestern University
£33.25
New York University Press The Presidents and the Constitution Volume One
Book SynopsisShines a light on the constitutional issues that confronted and shaped each presidency from George Washington to the Progressive EraDrawing from the monumental The Presidents and the Constitution: A Living History, published in 2016, the nation's foremost experts in the American presidency and the US Constitution join together to tell the intertwined stories of how the first twenty-seven distinctive American presidents have confronted and shaped the Constitution and thus defined the most powerful office in human history. From George Washington to William Howard Taft, The Presidents and the Constitution, Volume 1 illuminates the evolving American presidency in a unique waythrough the lens of the Constitution itself. Arranged chronologically by president, the book examines the constitutional issues confronting each president in the context of the personalities driving historical events.The contributors illustrate the extensive powers of the American presidency in domestic and foreign aTrade Review"Ken Gormley has connected the Constitutional dots brilliantly, demonstrating the immense concentration of power in the chief executive and the different, often contradictory, ways it has been used or misused. The book is a class in Constitutional Law all by itself. In several crucial ways this is what the 2016 race for the White House was about—who has precisely what power, who shares it, how is it going to be exercised, and what, if any, are its limits." -- Bob Woodward, Associate Editor, the Washington Post"Gormley and his impressive roster of collaborators have abundantly delivered on the promise of this book’s title. The balance between presidential power and presidential accountability is indeed a living history . . . Puts present-day controversies in context and shows how living history isn't about legal abstractions—it is about ambition, conflict, and the consequences and limits of presidential power." -- John Harris, Politico"Everything you ever wanted to know about the Supreme Court and the Presidency but were afraid to ask." -- Nina Totenberg, correspondent for NPR
£16.14
New York University Press Free Speech Beyond Words
Book SynopsisA look at First Amendment coverage of music, non-representational art, and nonsenseThe Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schöenberg's music, and Lewis Carroll's poem Jabberwocky are unquestionably shielded by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting the freedom of speech, even though none involves what we typically think of as speechthe use of words to convey meaning. As a legal matter, the Court's conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as speech for constitutional purposes? What does the difficulty of that question suTrade Review"For someone who does have a deep and abiding interest in [the subject of free speech], or even an interest in the First Amendment in general, this very detailed, well-reasoned work would be an invaluable resource." * Journal of Intellectual and Freedom Privacy *"Free Speech Beyond Words is a deep dive into the First Amendments reach. [It] is rewarding in its meticulous method of analysis. First Amendment scholars will want it as a valuable resource." * Journalism and Mass Communication Quarterly *"This is a valuable introduction to a field that will become only more significant with the development of new media, such as virtual reality and digital mapping, that could merit First Amendment protection." * Publishers Weekly *"The authors of Free Speech Beyond Words turn to other forms of expression that are not literally speech in order to discern some stopping point to prevent tagging everything as speech. [One] lesson to be gleaned from this fine book is that a vibrant First Amendment culture requires a demanding degree of open-mindedness." * Political Science Quarterly *""This thoughtful book takes on the topic of First Amendment coverage of three under-theorized kinds of content: music, non-representational art and nonsense. Even though most everyone assumes these kinds of content are covered by the First Amendment, why should that be so? The book's authors, in the course of addressing many interesting examples, persuasively articulate their doctrinal, philosophical, aesthetic and linguistic approaches to justify such coverage. They thus make important contributions to First Amendment jurisprudence. I confess I am personally very interested in their important project: it has been thirty years since my Wisconsin Law Review article--which they are kind enough to cite--explored the First Amendment and aesthetic justifications for covering non-representational art. I recommend this well-written book not only to First Amendment scholars but to everyone interested in the First Amendment." " -- Sheldon Nahmod,University Distinguished Professor, IIT Chicago-Kent College of Law"Free Speech Beyond Words is a genuine intellectual feast. By its serious consideration of topics at the periphery of most analyses of the First Amendment, such as abstract art or nonsensical speech, it provides deeply illuminating analyses of the wherefores and whys of protecting expression against governmental regulation. In addition, perhaps because of the topics, the essays are simply fun to read as well." -- Sanford Levinson,author of An Argument Open to All: Reading the Federalist in the 21st Century"Most people assume that the First Amendment protects art and music even when they have nothing to do with politics or public issues, and even when they don't use words. Explaining why is another matter. This gem of a book takes us deep into theories of free expression to answer a question that is far more difficult than it first appears." -- Jack Balkin,Yale Law School
£17.09
New York University Press States of Confusion
Book SynopsisShows the maddening difficulties that voter ID requirements create for participants in US democracy and offers concrete solutions for every person's vote and voice to countOver the past decade, and throughout the COVID-19 pandemic, the number of voter ID laws has skyrocketed, limiting the ability of nearly twenty-five million eligible voters from exercising their constitutional right to cast a vote. In States of Confusion, Don Waisanen, Sonia Jarvis, and Nicole Gordon explore this crisis and the difficulties it has created for American voters, offering practical solutions for this increasingly important problem. Focusing on ten states with the strictest voter documentation requirements, the authors show how people face major barriers to exercising their fundamental democratic right to vote and are therefore slipping through the cracks of our electoral system. They explore voter experiences by drawing on hundreds of online surveys, audits of 150 election offices, community focus groups,Trade Review""A detailed study of the many ways in which voter documentation requirements discriminate against voters likely to join the blue column. Essential for voting rights advocates and policymakers."" * Kirkus Reviews *
£22.79
New York University Press The Law of Presidential Impeachment
Book SynopsisA clear and comprehensive overview of presidential impeachment from a leading expert in the fieldAs a result of Donald Trump's presidency, impeachment was once again thrust into the spotlight of American political discussion. However, its history goes back to the very founding of the nation, when American colonists, remembering their grievances against their former king, entrenched the process in their new Constitution.The Law of Presidential Impeachment breaks down both the law and politics of this process, providing a comprehensive, nonpartisan, and up-to-date explanation of the Constitution's various mechanisms for holding presidents accountable for their misdeeds. Based on a lifetime of scholarly research, as well as unique experience as a witness and consultant in the impeachment trials of Bill Clinton and Donald Trump, Michael J. Gerhardt's new book takes the reader back to the basics of presidential impeachments. Rather than provide reasons for or ag
£18.99
New York University Press Animus
Book SynopsisAn introduction to the legal concept of unconstitutional bias. If a town council denies a zoning permit for a group home for intellectually disabled persons because residents don't want those kinds of people in the neighborhood, the town's decision is motivated by the public's dislike of a particular group. Constitutional law calls this rationale animus.Over the last two decades, the Supreme Court has increasingly turned to the concept of animus to explain why some instances of discrimination are unconstitutional. However, the Court's condemnation of animus fails to address some serious questions. How can animus on the part of people and institutions be uncovered? Does mere opposition to a particular group's equality claims constitute animus? Does the concept of animus have roots in the Constitution?Animus engages these important questions, offering an original and provocative introduction to this type of unconstitutional bias. William Araiza analyzes some of the modern Supreme CourtTrade Review"By applying historical context to modern issues such as marriage equality, his discussion illuminates why understanding the concept of animus is important for judges and lawyers handling constitutional issues...Learning more about animus and its influence empowers us to work against it both as plaintiff lawyers and as citizens." * Trial *"Animus is thorough yet concise, taking an in-depth look at an area of constitutional law that has often perplexed students and scholars, and explaining it in an easily understandable and readable way...Given the easy-to-read prose and detailed explanations of difficult concepts, the book would also be a good selection for undergraduate courses in constitutional law." * Law Library Journal *"In this thoughtful, carefully reasoned book, William D. Araiza takes on one of the most important issues of contemporary constitutional law: when does a governments targeting of a particular group represent a constitutional wrong? In clear, concise language, Araiza makes the case that all Americans are protected against invidiously motivated government action, where that action amounts to unconstitutional animus. Drawing on a long history of legal thought condemning government actions targeting a particular group for disfavor, Araiza reveals a critical but often overlooked truth: that even today the Supreme Courts decisions offer real opportunities for groups seeking equality protections." -- Katie Eyer,Rutgers Law School"Professor Araiza's fascinating new book helps to illuminate an important and under-theorized area of constitutional law. In clear and jargon-free prose accessible to academics and lay readers alike, Araiza explains how the concept of 'animus' as an impermissible government objective has its roots in the nation's Founding. He also ties together several Supreme Court decisions over the past few decades--especially in the area of gay rights--that have vexed many constitutional analysts. And finally, he offers a way to think about animus that will help courts address future cases where government action appears to be based on simple dislike of a group of people. The book is a significant contribution to our understanding of constitutional law." -- Dale Carpenter,Judge William Hawley Atwell Chair of Constitutional Law and Professor of Law, SMU Law School"Professor Araiza has provided a valuable service in revealing the history and motivations associated with the animus doctrine." * Chronicles *
£22.79
New York University Press Enforcing the Equal Protection Clause
Book SynopsisFor over a century, Congress's power to enforce the Fourteenth Amendment's guarantee of the equal protection of the laws has presented judges and scholars with a puzzle. What does it mean for Congress to enforce such a wide-ranging, open-ended provision when the Supreme Court has insisted on its own superiority in interpreting the Fourteenth Amendment? In Enforcing the Equal Protection Clause, William D. Araiza offers a unique understanding of Congress's enforcement power and its relationship to the Court's claim to supremacy when interpreting the Constitution. Drawing on the history of American thinking about equality in the decades before and after the Civil War, Araiza argues that congressional enforcement and judicial supremacy can co-exist, but only if the Court limits its role to ensuring that enforcement legislation reasonably promotes the core meaning of the Equal Protection Clause. Much of the Court's equal protection jurisprudence stops short of stating such core meaning, tTrade Review"Araizas thoughtful analysis should be read by anyone who is interested in constitutional law and, indeed American politics." * Political Science Quarterly *"This is a serious effort to reconcile Supreme Court doctrine with the original goals of the Enforcement Clause. And its well written, well argued, and eminently readable." -- Douglas Laycock,Robert E. Scott Distinguished Professor of Law, University of Virginia"Araizas book is a significant contribution to the scholarly landscape about equal protection and Congressional power, but its great accomplishment is to shed new light on the two subjects in tandem. . . . Araizas analysis is (characteristically) intelligent. He offers careful doctrinal analysis and a nuanced discussion of flaws in the Courts current approach to Congresss enforcement power. This is academic scholarship of a very high quality." -- Eric Berger,University of Nebraska College of Law"Extremely well-written, well-argued, and well-documented. Araizas prose is a delight, both accessible and sophisticated, no easy feat. . . . Anyone who writes in this area in the future will have to wrestle with Araiza'a persuasive and strong account." -- Eric J. Segall,Kathy and Lawrence Ashe Professor of Law, Georgia State University"InEnforcing the Equal Protection Clause, Araiza does a superb job of filling this literary void and bringing a measure of clarity to the subject Overall,Enforcing the Equal Protection Clauseis an engaging, education, and thought-provoking read." * Choice *"Enforcing the Equal Protection Clauseis a very significant addition to the legal texts on the equal protection clause. Araiza has highlighted some previously ignored aspects of the equal protection clause. He clearly shows it is fundamentally a constitutional issue and within the ambit of Congresss powers. This book is a must-read for both students and experts of constitutional law." * The Washington Book Review *
£48.60
New York University Press Federalism and Subsidiarity
Book SynopsisWhat are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? This book deals with these questions.Trade ReviewThe essays in this volume represent interesting and thoughtful contributions toward a full theorization of the relationship between subsidiarity and federalism within the domestic political paradigm. * Publius *Table of ContentsPreface James E. Fleming and Jacob T. LevyContributors PART I. FEDERALISM, POSITIVE BENEFITS, AND NEGATIVE LIBERTIES 1. Defending Dual Federalism: A Self-Defeating Act Sotirios A. Barber 2. Defending Dual Federalism: A Bad Idea, but Not Self-Defeating Michael Blake 3. The Puzzling Persistence of Dual Federalism Ernest A. Young 4. Foot Voting, Federalism, and Political Freedom Ilya SominPART II. CONSTITUTIONS, FEDERALISM, AND SUBSIDIARITY 5. Federalism and Subsidiarity: Perspectives from U.S. Constitutional Law Steven G. Calabresi and Lucy D. Bickford 6. Subsidiarity, the Judicial Role, and the Warren Court's Contribution to the Revival of State Government Vicki C. Jackson 7. Competing Conceptions of Subsidiarity Andreas Follesdal 8. Subsidiarity and Robustness: Building the Adaptive Ef?ciency of Federal Systems Jenna BednarPART III. THE ENTRENCHMENT OF LOCAL AND PROVINCIAL AUTONOMY, INTEGRITY,AND PARTICIPATION 9. Cities and Federalism Daniel Weinstock 10. Cities, Subsidiarity, and Federalism Loren King 11. The Constitutional Entrenchment of Federalism Jacob T. LevyPART IV. REMAPPING FEDERALISM(S) 12. Federalism(s)' Forms and Norms: Contesting Rights, De-essentializing Jurisdictional Divides, and Temporizing Accommodations Judith ResnikIndex
£55.10
New York University Press At Liberty to Die
Book SynopsisOver the years, average life expectancy in America has nearly doubled, due largely to scientific and medical advances, but also as a consequence of safer working conditions, a heightened awareness of the importance of diet and health, and other factors. This title surveys the constitutional arguments that have driven the right to die debate.Trade Review"A comprehensive and engaging history of the legal and political battles in courts and legislatures to recognize terminally-ill individuals' 'right to die with dignity.' A timely and informed contribution to an important and growing debate." -- David M. O'Brien,Spicer Professor, Department of Politics, University of Virginia"Comprehensive, thoroughly engrossing, surprisingly balanced! At Liberty to Die is certain to become the definitive history of the wrenching debate over physician assisted death. Highly recommended!" -- Tinsley E. Yarbrough,Emeritus professor of Political Science, East Carolina University"In his recently published book, Howard Ball does a superb job of documenting and explaining the key legal principles that frame the right-to-die debate in the United States.At Liberty to Die: The Battle for Death with Dignity in America illustrates clearly that jurisprudential matters are Ball's strong suit, and he plays his cards well, touching on all the key court cases while also covering the battles to enact right-to-die legislation in several states. The writing is crisp; the key points of disagreement are clearly laid out, the coverage is both balanced and comprehensive, and the context of the legal maneuvering provided by Ball throughout make his book an interesting as well as an educational read." -- James M. Hoefler,Political Science Quarterly"Professor Ball provides an informative, thoughtful, and well-documented analysis...deftly set against a portrayal of the changing nature of death and dying in Americaespecially the locus of death and its attendant circumstancesa back story that is essential for understanding the impetus undergirding rights claims during this period." -- Daniel Hillyard,Southern Illinois University Carbondale"In this valuable presentation of a large, important topic, Howard Ball skillfully narrates the history of the key cases and the legal, medical and political developments in a fast-moving process." * Metapsychology *"Ball here makes an important contribution to the growing literature on end-of-life issues with this legal history of the right to die in America....Law and political science students, along with activists, will find this a helpful book owing to its careful analysis of legislative and judicial actions across different states over the last 15 years as well as its careful delineation of the legal issues that animate debates over physician-assisted death." * Library Journal *"Ball's arguments are concise, compelling, and backed with considerable case law. This volume is highly recommended for upper-level undergraduates and above in law, philosophy, and the medical humanities interested in the 'right to die' debates. Summing up: Highly recommended." * Choice *Table of ContentsIntroduction 1 The Changing Nature of Death in America 2 The Plight of the Incompetent Patient in a "Permanent Vegetative State" (PVS) 3 Terri Schiavo's Tragic Odyssey, 1990-2005 4 What Freedom Do We Have to Die with Dignity? The U.S. Supreme Court Decides, 1997 5 The Second Path to PAD: Passing Legislation Allowing Death with Dignity 6 The Pioneering PAD States: Oregon and Washington 7 America's Transplants Notes Cases Cited Bibliography Index About the Author
£22.79
New York University Press Free Speech Beyond Words
Book SynopsisA look at First Amendment coverage of music, non-representational art, and nonsenseThe Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schöenberg's music, and Lewis Carroll's poem Jabberwocky are unquestionably shielded by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting the freedom of speech, even though none involves what we typically think of as speechthe use of words to convey meaning. As a legal matter, the Court's conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as speech for constitutional purposes? What does the difficulty of that question suTrade Review"For someone who does have a deep and abiding interest in [the subject of free speech], or even an interest in the First Amendment in general, this very detailed, well-reasoned work would be an invaluable resource." * Journal of Intellectual and Freedom Privacy *"Free Speech Beyond Words is a deep dive into the First Amendments reach. [It] is rewarding in its meticulous method of analysis. First Amendment scholars will want it as a valuable resource." * Journalism and Mass Communication Quarterly *"This is a valuable introduction to a field that will become only more significant with the development of new media, such as virtual reality and digital mapping, that could merit First Amendment protection." * Publishers Weekly *"The authors of Free Speech Beyond Words turn to other forms of expression that are not literally speech in order to discern some stopping point to prevent tagging everything as speech. [One] lesson to be gleaned from this fine book is that a vibrant First Amendment culture requires a demanding degree of open-mindedness." * Political Science Quarterly *""This thoughtful book takes on the topic of First Amendment coverage of three under-theorized kinds of content: music, non-representational art and nonsense. Even though most everyone assumes these kinds of content are covered by the First Amendment, why should that be so? The book's authors, in the course of addressing many interesting examples, persuasively articulate their doctrinal, philosophical, aesthetic and linguistic approaches to justify such coverage. They thus make important contributions to First Amendment jurisprudence. I confess I am personally very interested in their important project: it has been thirty years since my Wisconsin Law Review article--which they are kind enough to cite--explored the First Amendment and aesthetic justifications for covering non-representational art. I recommend this well-written book not only to First Amendment scholars but to everyone interested in the First Amendment." " -- Sheldon Nahmod,University Distinguished Professor, IIT Chicago-Kent College of Law"Free Speech Beyond Words is a genuine intellectual feast. By its serious consideration of topics at the periphery of most analyses of the First Amendment, such as abstract art or nonsensical speech, it provides deeply illuminating analyses of the wherefores and whys of protecting expression against governmental regulation. In addition, perhaps because of the topics, the essays are simply fun to read as well." -- Sanford Levinson,author of An Argument Open to All: Reading the Federalist in the 21st Century"Most people assume that the First Amendment protects art and music even when they have nothing to do with politics or public issues, and even when they don't use words. Explaining why is another matter. This gem of a book takes us deep into theories of free expression to answer a question that is far more difficult than it first appears." -- Jack Balkin,Yale Law School
£66.60
University of Toronto Press Assisted Reproduction Policy in Canada
Book SynopsisThis is the first major exploration of the Canada's assisted reproduction policy at the national and provincial levels. It explains the reasons that led to the federal government's failed national framework, and the legacy it left behind.Trade Review"Assisted Reproduction Policy in Canada is meticulously researched. Dave Snow is a punchy writer. Much of political science is concerned with answering one question: ‘What drives politics?’ As Assisted Reproduction shows, it is an impulse for government over-reach, a fetish for control and regulation, and a mistaken suspicion that Canadian society is comprised of wolves and sheep." -- Holly Doan * Blacklock’s Reporter *Table of Contents1. Understanding Assisted Reproduction Policy 2. The Royal Commission On New Reproductive Technologies and the Legacy of Past Frames 3. The Assisted Human Reproduction Act Comes to Fruition 4. The Assisted Human Reproduction Act Goes to Court 5. Surrogacy and Parentage Policy in the Provinces 6. Many Actors, Many Policies: Clinical Intervention Policy in Canada 7. Making Sense of Canadian Assisted Reproduction Policy
£48.45
University of Toronto Press Assisted Reproduction Policy in Canada
Book SynopsisThe world has undergone a revolution in assisted reproduction, as processes such as in vitro fertilization, embryonic screening, and surrogacy have become commonplace. Yet when governments attempt to regulate this field, they have not always been successful. Canada is a case in point: six years after the federal government created comprehensive legislation, the Supreme Court of Canada struck it down for violating provincial authority over health. In Assisted Reproduction Policy in Canada, Dave Snow provides the first historical exploration of Canadian assisted reproduction policy, from the 1989 creation of the Royal Commission on New Reproductive Technologies to the present day. Snow argues the federal government’s policy failure can be traced to its contradictory policy framing, which sent mixed messages about the purposes of the legislation. In light of the federal government’s diminished role, Snow examines how other institutions have made policy in thTrade Review"Assisted Reproduction Policy in Canada is meticulously researched. Dave Snow is a punchy writer. Much of political science is concerned with answering one question: ‘What drives politics?’ As Assisted Reproduction shows, it is an impulse for government over-reach, a fetish for control and regulation, and a mistaken suspicion that Canadian society is comprised of wolves and sheep." -- Holly Doan * Blacklock’s Reporter *Table of Contents1. Understanding Assisted Reproduction Policy 2. The Royal Commission On New Reproductive Technologies and the Legacy of Past Frames 3. The Assisted Human Reproduction Act Comes to Fruition 4. The Assisted Human Reproduction Act Goes to Court 5. Surrogacy and Parentage Policy in the Provinces 6. Many Actors, Many Policies: Clinical Intervention Policy in Canada 7. Making Sense of Canadian Assisted Reproduction Policy
£23.39
University of Toronto Press Governmental and Intergovernmental Immunity in
Book SynopsisAs the state comes to play a larger role in the community the question of the extent to which government is subject to the general law of the land assumes increasing importance. This book examines the limits of two related forms of state immunity: crown or governmental immunity from statue and intergovernmental immunity. The first results from the rule of statutory construction that the crown, representing the executive government, is not bound by legislation except by express words or necessary implication. The second is of a constitutional order and provides a degree of freedom to each level of authority in a federal system from the laws of the other level of authority.The author considers, in separate chapters, the effect which statues can have upon a government when it confronts the legal system in tort proceedings, in criminal actions, as a party to a contract, as a creditor, and as a potential taxpayer. Some of the particular questions that are canvassed are as follows: can t
£21.59
Cornell University Press Constitutional Dysfunction on Trial
Book SynopsisIn an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes.As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire leaving Congress as aTrade ReviewThis is an important book for anyone concerned about the health of the constitutional order. [This book is] an essential resource for those who need a crash course in separation of powers litigation and its efficacy. * Congress & the Presidency *Farrier's work could not be more relevant than it is in the present politically charged environment, an environment in which tribalism rules and people believe their own 'facts.' Required reading for everyone who cares about democracy in the US. * Choice *Jasmine Farrier's Constitutional Dysfunction on Trial considers the efficacy of one potential check on presidential power—member suits, or lawsuits by legislators seeking judicial correction of executive violations of separation-of-powers principles. Her analysis leads to an ultimately pessimistic view of the vibrancy (and potentially the viability) of the separation of powers in contemporary U.S. politics. * Political Science Quarterly *Jasmine Farrier's work demonstrates the incredible restraint among judges in the federal system when it comes to addressing separation-of-powers questions, especially when members of Congress bring suits against the president. [T]his book makes an excellent and unique contribution to a very well-researched field. A number of audiences will benefit from reading Farrier's careful analysis of American constitutionalism and the separation of powers. * Perspectives on Politics *Table of ContentsIntroduction: Systemic Constitutional Dysfunction 1. War Is Justiciable, Until It Isn't 2. Suing to Save the War Powers Resolution 3. Legislative Pro cesses Are Constitutional Questions 4. Courts Cannot Unknot Congress 5. Silence Is Consent for the Modern Presidency 6. So Sue Him Conclusion: Lawful but Awful Acknowledgments Notes References Index
£97.20
Cornell University Press Constitutional Originalism
Book SynopsisProblems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called originalism. The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a living Constitution that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appelTrade ReviewIn their new book, Lawrence Solum and Robert Bennett build state-of-the-art cases for the two main schools of constitutional interpretation. Each contributes a generous essay presenting the merits of his own approach and offering a thoughtful rebuttal to the other's argument. If you’ve been seeking a concise introduction to the central debate in American constitutional theory, this is the book for you. -- Gerald J. Russello * City Journal *Solum and Bennett have produced a valuable book, particularly for students unfamiliar with the originalism versus 'living Constitution' debate and the literature it has spawned.... Rather than rehash their theoretical differences, the debaters thoughtfully weigh each other's arguments and acknowledge common ground, particularly regarding the limits of originalism in times of political or moral crisis and, more generally, the use of precedent in judicial interpretation.... This is an excellent resource; it includes an outstanding bibliography, and the authors discuss most of the true classics and key scholars in the field of constitutional interpretation. Summing up: Highly recommended. * Choice *Table of ContentsPrefaceWe Are All Originalists Now Lawrence B. Solum What Is Originalism? Should We Be Originalists? Originalism and Living ConstitutionalismOriginalism and the Living American Constitution Robert W. Bennett Originalism and Living Constitutionalism Wrestling with the Troubles of Originalism Implications for Living Constitutionalism Living with a Living Constitution The Failure of Originalism as RestraintLiving with Originalism A Response by Lawrence B. Solum Can Original Meaning Constrain? The Levels-of-Generality Pseudoproblem The Role of Values in Constitutional Construction Dead Hands Transitions and Precedent Original Intent Revisited Originalism and PoliticsAre We All Living Constitutionalists Now? A Response by Robert W. Bennett The Interpretive Role of Nonoriginalism in Solum's Scheme Extent of Liveliness in Solum's Constitutional Law and Bennett’s Normative Choices in Interpretation Ordinary or Technical Meaning The Limits of Constraint Based on LanguageNotes Suggested Readings Index
£17.09
Stanford University Press The Specter of Dictatorship: Judicial Enabling of
Book SynopsisReveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.Trade Review"David Driesen has written an eloquent and powerful account of the Framers' concern about 'tyranny' and their profound commitment to democracy. His careful historical scholarship and deft analysis of doctrine demonstrate clearly the ways that growing presidential power has imperiled this principle. An urgent and compelling read not just for today's crises, but for understanding the basic dynamics of American democracy and its antagonists." -- Aziz Z. Huq * University of Chicago Law School *"A book for our troubled times. Blending history, law, and politics, David Driesen situates the Trump presidency in the alarming global trend toward autocracy and diagnoses what currently ails democracy in America. Richly detailed, highly informative, and deeply contextual, this book is required reading to understand the forces threatening the liberal democratic values of modern constitutionalism." -- Richard Albert * The University of Texas at Austin *"Constitutional drafters often establish semi-autonomous executive institutions to serve as guardrails of democracy. Over the past several decades, conservative lawyers and judges in the U.S. have systematically targeted such bureaucratic independence as inconsistent with the constitutional theory of a 'unitary executive.' Driesen masterfully lays bare the previously underappreciated role played by unitary executive theory in ongoing processes of democratic erosion." -- Thomas M. Keck * Syracuse University *Table of ContentsContents and AbstractsIntroduction: chapter abstractThis chapter explains that this book will analyze excessive presidential power's potential to undermine democracy by exploring democratic decline primarily in Hungary, Turkey, and Poland. It outlines the book's major lesson: the head of state plays a key role in establishing autocracy by establishing unimpeded control over the executive branch in keeping with the American unitary executive theory, often accelerated through use of emergency powers. It outlines the book's argument that the U.S. Supreme Court has augmented executive power in dangerous ways and describes its principal recommendations for taking the potential for autocracy into account in adjudicating separation-of-powers cases. It summarizes each chapter's contribution to this argument. 1Avoiding Tyranny at the Founding chapter abstractThis chapter establishes that the Founders of this nation shared a goal of avoiding a future drive to autocracy and suggests that this intention should guide the Supreme Court's treatment of presidential power. It explains the controversy over whether the Founders embraced the unitary executive theory and shows that they did not expressly grant emergency powers to the President in the Constitution. It introduces the concept of original intent and explains that it increasingly influences judges and constitutional scholarship, making this chapter's treatment of the creation of the Constitution important to establishing room to take lessons from democracy loss abroad into account in adjudication of separation of powers disputes. 2The Rise of Presidential Power chapter abstractThis chapter provides an account of the rise of presidential power from the Founding through the late twentieth century. It explores the historical roots of the fear that presidential control over the executive branch of government and the growth of presidential emergency powers would undermine democracy and the rule of law. It canvasses the controversies (judicial and political) over presidential removal of federal officials from office (which the unitary executive theory insists must be free from restriction), from Andrew Jackson's effort to circumvent legislation creating the National Bank to Richard Nixon's attempt to thwart investigation of crimes undertaken to tilt the electoral playing field. It explains how congressional delegation of authority has enhanced the President's power over time. It also shows that the Supreme Court imposed constraints on emergency powers throughout this period, recognizing this presidential power as dangerous to democracy. 3Declining to Adjudicate Claims Against the President chapter abstractThis chapter explains that the courts have augmented presidential power by frequently refusing to adjudicate claims that the President has exceeded his constitutional authority. It explains the key justiciability doctrines that the courts have used to shield Presidents from allegations of misconduct—standing, ripeness, and the political question doctrine. It establishes that the courts have applied these doctrines quite strictly, and sometimes grossly distorted them, to shield allegations of presidential usurpation of power from judicial scrutiny. At the same time, it has been quite liberal in entertaining challenges to congressional efforts to check and balance the executive branch. It shows that the courts' refusal to entertain challenges to unilateral presidential wars has aided the transfer of the war power from Congress to the President. 4Implied Presidential and Congressional Power chapter abstractThis chapter explains that the modern Supreme Court has generously granted the President extensive implied powers at the expense of Congress, while declining to apply the implied-powers doctrine to sustain efforts by Congress to check the executive branch. It shows that the Court's implied-powers jurisprudence has not only expanded the President's foreign affairs power, but also eroded checks and balances domestically. It emphasizes the role of the unitary executive theory and the legislative veto in undermining checks on emergency powers and undermining of the rule of law. This chapter fills a gap in the literature by defining the concept of implied power. It shows that propresidential bias in the Court's treatment of constitutional custom, means/ends reasoning, and congressional intent helps explain the asymmetric results of the Court's implied-power jurisprudence. 5The Specter of Dictatorship: Poland, Hungary and Turkey chapter abstractThis chapter, the heart of the book, examines the role of executive power in undermining democracy in Poland, Hungary, and Turkey. In all three cases, creation of centralized control over the executive branch of government paved the way for autocracy, leading to politicized use of prosecution to undermine political opponents, shrinking of the media available to dissenters, and tilting the electoral playing field. This analysis focuses primarily on centralization of control over prosecution, media authorities, and electoral commissions. In Hungary and Turkey, abuse of emergency powers accelerated the establishment of autocracy. These countries' autocrats eroded democracy with the support of a political party enjoying the support of at least a substantial minority of voters. Party members in Parliament helped destroy democracy by voting in lockstep fashion to support "reforms" undermining independent agencies and prosecutorial independence. 6Parallels to America's Democratic Erosion chapter abstractThis chapter examines the extent to which America's democratic erosion mirrors that of Hungary, Turkey, and Poland. It explains that acceptance of the unitary executive theory has significantly undermined the rule of law, just as centralization of power has in the case studies. It analyzes the extent to which we have emulated the autocracies in tilting the electoral playing field and undermining independent media. It explains that partisan division has led to a breakdown of deliberative democracy very similar to that seen Chapter 5's case studies. It also analyzes our vulnerability to judicial capture and abuse of the war power. It argues that judges lack the capacity to predict the extent of democratic decline, given its complexity and the role of unpredictable shocks in stimulating autocracy, but that we have serious long-term vulnerabilities. 7Judicial Treatment of Presidential Power in an Age of Democratic Decline chapter abstractThis chapter discusses the factors that should influence the courts' separation-of-powers cases. Generally, it counsels judges to give more weight to the possibility of democratic decline than to potential policy mistakes, and to allow for the possibility of presidential bad faith. It shows that national security means protecting the American People's control over the government, not just preventing of physical attacks. It suggests rejecting or limiting the reach of the unitary executive theory, bolstering presidential legal accountability, and relying less on justiciability doctrines to shield presidential actions from judicial review. It also analyzes the role of judicial decision making in protecting and restoring democracy, showing that judicial decisions can aid political forces seeking to preserve or revive an ailing democracy. Conclusion: chapter abstractThis chapter briefly recapitulates the book's lessons. It affirms that the judiciary can and should contribute to democracy protection by considering the possibility of presidential bad faith in making decisions, since the presidency, not the judiciary, constitutes the principal threat to democracy. It calls for the judiciary to reject or at least limit the unitary executive theory, to think of national security in terms of preserving popular sovereignty, and to relax justiciability barriers to adjudicating challenges to excessive presidential power. It argues that the tendency to think of autocracy as a product of a coup, instead of as the product of gradual democratic decline, can blind us to the possibility of autocracy in America, but that signs of serious democratic decline abound. It suggests that judges need to take the possibility of losing a democracy as seriously as the founders of this country did.
£79.20
Stanford University Press Our Non-Christian Nation: How Atheists,
Book SynopsisLess and less Christian demographically, America is now home to an ever-larger number of people who say they identify with no religion at all. These non-Christians have increasingly been demanding their full participation in public life, bringing their arguments all the way to the Supreme Court. The law is on their side, but that doesn't mean that their attempts are not met with suspicion or outright hostility. In Our Non-Christian Nation, Jay Wexler travels the country to engage the non-Christians who have called on us to maintain our ideals of inclusivity and diversity. With his characteristic sympathy and humor, he introduces us to the Summum and their Seven Aphorisms, a Wiccan priestess who would deck her City Hall with a pagan holiday wreath, and other determined champions of free religious expression. As Wexler reminds us, anyone who cares about pluralism, equality, and fairness should support a public square filled with a variety of religious and nonreligious voices. The stakes are nothing short of long-term social peace.Trade Review"Timely, trenchant, and tremendously engaging, Our Non-Christian Nation is essential reading for anyone interested in understanding the contemporary battles over religion's role in our national politics and culture." -- Phil Zuckerman * author of Living the Secular Life *"In this brilliantly erudite and hugely entertaining romp through recent religious and legal history, Jay Wexler shows why, as our country becomes more religiously diverse, non-Christians need to get their voices heard and Christians need to help repair the wall between church and state. A marvelous read." -- Michael Shermer * Skeptic magazine *"What would it mean to take seriously the idea of religious diversity in the public sphere? Jay Wexler tells the stories of Wiccans, Muslims, and other religious and non-religious groups outside the mainstream who show what existing constitutional doctrine means in practice. The picture he paints provokes us to think differently about what that doctrine should be." -- Mark Tushnet * Harvard Law School *"In this fine book, Jay Wexler urges humanists, atheists, Satanists, and members of minority religious traditions to take advantage of a fascinating new phenomenon: the opening of public space to a variety of beliefs and institutions. His compelling account of 'belief' in public life will be of interest to the deeply religious as well as those who cringe at the very thought of religion. I highly recommend it." -- Anthony B. Pinn * author of Humanism: Essays on Race, Religion and Cultural Production *"A zesty, opinionated assessment of how non-Christians should actually behave....With curiosity and openness, Wexler performs the action that he advocates: that is, making heard a 'cacophony' of voices in public life so that different viewpoints get brought to the fore." -- Dan Friedman * Los Angeles Review of Books *"A fascinating read, and a wonderfully hopeful one...For anyone who feels marginalized as a pagan, nonbeliever, or just not a Christian, it's a manifesto for effective and often hilarious resistance." -- Houston Chronicle"Wexler...has made a timely, at times funny, and compelling piece of reportage looking at a variety of religious groups, as well as a strong argument for the importance of a pluralistic society." -- The Boston Globe"[T]his book was written for the general public, which often struggles to understand the jurisprudence surrounding religious freedom. Even professors of religious studies often need help in this area....Wexler's writing makes this book ideal for getting undergraduates interested in these issues." -- Joseph Laycock * Journal of the American Academy of Religion *"[An] artfully presented, quite accessible, guide to major legal issues faced by minority faiths in America...recommended for all interested in such topics." -- James T. Richardson * Nova Religio *"Wexler's greatest strength is his ability to describe current case law in readily digestible terms, making his work an ideal resource for undergraduates interested in religion and American politics. . .[T]his work can serve as an ideal entry point into important classroom conversations regarding the place of religions, especially minorities, in American law, as well as how both public and legal discourses have shaped the role of religion in American life." -- Savannah Finver * Religious Studies Review *Table of ContentsContents and AbstractsIntroduction chapter abstractThis chapter presents the main themes, issues, and arguments of the book. After an opening vignette describing the efforts of the Satanic Temple to erect a veterans monument in a small Minnesota town, the chapter introduces the First Amendment, particularly the Establishment Clause and the concept of separation of church and state as set out by the Supreme Court. It traces demographic changes in the country's religious makeup that have rendered the nation far less Christian and more secular than at previous times in its history. After a discussion of the issue of defining religion, the chapter sets forth the book's primary argument—namely, that a religiously diverse public square is preferable to one dominated by Christianity. One: Mummies, Monuments, and Monotheism: Religious Displays as Government Speech chapter abstractThis chapter discusses the constitutional doctrine of government speech under the First Amendment as it relates to the erection of religious monuments on public property. It does so, first, by describing and evaluating cases concerning the constitutionality of various Ten Commandments monuments under the Establishment Clause, and particularly the case of Van Orden v. Perry, which upheld such a monument on the grounds of the Texas Capitol. The chapter goes on to discuss the ultimately unsuccessful efforts of the small religious group known as the Summum, located in Salt Lake City, to have a Utah town erect a monument to its "Seven Aphorisms" in a park next to the community's Ten Commandments monument. The author's trip to visit the Summum and understand its mummification practices is described. Two: Pagans, Pentacles, and Pluralism: Religious Displays in the Public Forum chapter abstractThis chapter contrasts the government speech doctrine discussed in chapter 1 with the more minority-friendly First Amendment free speech doctrine known as the designated public forum. Under this doctrine, if the government designates a part of its property for private speech, including religious speech, it may not exclude speech on the basis of the viewpoint that is expressed by that speech. After explaining the doctrine, the chapter describes the successful efforts of Pagans and Wiccans, under the leadership of Wiccan priestess Selena Fox and through litigation brought by Americans United for Separation of Church and State, to get the Department of Veterans Affairs to allow Pagans buried in national cemeteries to have pentacles displayed on their headstones. The chapter also describes the author's visit to Fox's Circle Sanctuary in Wisconsin to participate in a Veterans Day event. Three: Secularism, Statehouses, and School Boards: Prayers and Invocations before Government Bodies chapter abstractThis chapter investigates the historical practice of prayer-giving before legislatures and other government bodies, as well as the Supreme Court's treatment of the practice in, most recently, the case of Town of Greece v. Galloway. Under the Establishment Clause of the First Amendment, the Court has held that legislative prayer and other religious invocations before government bodies are constitutional so long as the government has a policy of antidiscrimination—i.e., it will not discriminate on the basis of religion when inviting or allowing people to pray before meetings. The chapter investigates specifically the invocation given before the monthly town meeting of the Town of Greece (New York) by an Atheist who had previously sued the town unsuccessfully. The author's trip to witness this invocation is described. Four: The Satanic Temple: Taking It to a Whole 'Nother Level chapter abstractThis chapter takes an in-depth look at the key player in the phenomenon described in the book, namely the Satanic Temple. The chapter provides a brief history of Satanism, including a discussion of the Romantic Satanists, a literary movement in the eighteenth century that was the first to recover the symbol of Satan as a positive figure. The chapter also discusses the rise of the Church of Satan in the Bay Area in the 1960s, as well as the so-called Satanic Panic of the 1980s, in which people were wrongly accused of crimes committed in the name of Satan. The chapter then relates the history and doctrine of the Satanic Temple and describes its efforts to give legislative invocations and place monuments on public property (including its nine-foot-tall bronze monument to Baphomet). Five: Muslims, Money, and Middle Schools: Government Funding of Religion chapter abstractThis chapter investigates the issue of government funding of religion. After a brief foray into the Establishment Clause in this area, including a discussion of the important voucher school case Zelman v. Simmons-Harris, the chapter describes how some minority religious groups such as the Unification Church and the Church of Scientology have received public funding for their programs. The chapter also relates how Christian legislators in several states have objected to the inclusion of Islamic schools in their proposed voucher programs and then investigates these Islamic schools through the author's trip to the Al-Iman School in North Carolina. Six: Atheists, the Antichrist, and After-School Clubs: Religious Activities in the Public Schools chapter abstractThis chapter concerns the activities of religious groups in the public schools, one of the most controversial issues in church-state law, given the importance of these schools to the formation of future citizens. At the outset, the chapter explains the First Amendment law governing this area, including cases about teaching alternatives to evolution in the biology curriculum. Next, the chapter examines a series of cases in which the Supreme Court has held that if public schools open their facilities to after-school clubs, they may not exclude religious clubs, such as Good News Clubs, from using those facilities. After laying out the law, the chapter then examines efforts by Atheists, the Satanic Temple, and others to distribute religious literature and to start their own after-school clubs in the public schools. Conclusion: Conclusion chapter abstractThe concluding chapter begins with a brief recap of the four key descriptive points that the book has advanced and then proceeds to argue that the movement to increase minority participation in American public life is one that should be celebrated and continued. Specifically, the chapter argues that a religiously cacophonous public square is preferable to an entirely Christian one because it is more consistent with American ideals of free expression and diversity of ideas as enshrined in the First Amendment, because it may promote a more educated citizenry with regard to religion, and because this improved education may result in greater social peace. The chapter also considers potential counter-arguments and pitfalls of encouraging an increased role for religion in the public square, including the possibility that anti-liberal or parody organizations will seek to participate in public life.
£15.29
£35.10
Irwin Law Inc The Laws of Government: The Legal Foundations of
Book Synopsis
£31.50
Irwin Law Advancing Social Rights in Canada
£38.70
Irwin Law Privacy Rights in the Global Digital Economy: Legal Problems and Canadian Paths to Justice
£22.49
£36.00
£22.49
Irwin Law Quasi-Constitutional Laws of Canada
£48.60
Irwin Law Political Law in Canada
£22.49
Irwin Law The Recognition of Two Official Languages in
Book Synopsis
£20.89
Irwin Law Detention and Arrest 3/E
£45.90
Brandeis University Press When Freedom Speaks – The Boundaries and the
Book SynopsisThis book makes first amendment issues immediate and contemporary. When Freedom Speaks chronicles the stories behind our First Amendment right to speak our minds. Lynn Levine Greenky’s background as a lawyer, rhetorician, and teacher gives her a unique perspective on the protection we have from laws that abridge our right to the freedom of speech. Rhetoricians focus on language and how it influences perception and moves people to action. Powerfully employing that rhetorical approach, this book explores concepts related to free speech as moral narratives that proscribe the boundaries of our constitutionally protected right. Using the characters and drama embedded in legal cases that elucidate First Amendment principles, When Freedom Speaks makes the concepts easier to understand and clearly applicable to our lives. With a wide range of examples and accessible language, this book is the perfect overview of the First Amendment. Trade Review"Greenky’s easy-to-read primer offers general readers and students a telling history and framework for understanding the basic assumptions, ways of thinking, and methodologies courts commonly use to negotiate clashing and competing constitutional values and individual rights to free speech." * Library Journal *"When Freedom Speaks by Lynn Greenky is an excellent introduction and exploration of the contentious field of First Amendment jurisprudence. Both entertaining and educational, it provides the knowledge necessary for an informed electorate. Like a good legal conundrum, it offers opportunities to ask important questions and spark lively arguments." * New York Journal of Books *“Greenky is particularly attentive to the relationship between precedent, innovation, and power.” * Communication and Democracy *“Lynn Greenky offers a spirited and engaging examination of the individuals, groups, and movements that have advanced free speech protections by standing up and speaking out. When Freedom Speaks is an accessible guide to the past, present, and future of free speech in the United States.” -- David Cole, National Legal Director, ACLU, George Mitchell Professor in Law and Public Policy at Georgetown University“When Freedom Speaks serves as a reminder that the First Amendment is a living, breathing structure that continues to both challenge and reinforce our country’s definition of free speech. Lynn Greenky takes us on a thorough journey through all the trials and tribulations it has faced. Anyone with any opinion will benefit from reading this timely road map on the cornerstone of our Constitution.” -- Lauren Tousignant, New York Post“Lynn Greenky’s new book is a tour de force on the importance of free speech to all individuals and groups in America – right, left, center and anyone who doesn’t conform to the prevailing wisdom of the day. …Greenky reminds us that free speech means tolerating one another – instead of silencing or jailing one another. And that’s worth fighting for.” -- Jonathan Collegio, Former Communications Director, American CrossroadsTable of ContentsIntroductionChapter One: A History LessonChapter Two: Foundations and Building BlocksChapter Three: The Road to the Supreme CourtChapter Four: Symbolically SpeakingChapter Five: The Troubling Sound of SilenceChapter Six: Politically SpeakingChapter Seven: Warning! Dangerous Speech AheadChapter Eight: Advocacy Vs Incitement?Chapter Nine: Sticks and Stones and Words That HarmChapter Ten: What the #@*%! School Speech, Campus Codes, and Cancel CultureChapter Eleven: Public SpacesChapter Twelve: The Message and the MediumChapter Thirteen: When Speech OffendsChapter Fourteen: The Language of MoneyChapter Fifteen: When Speech and Faith CollideConclusionTable of CasesWorks CitedEndnotesSuggestions for Further Reading
£23.00
Edward Elgar Publishing Ltd Comparative Constitutional Theory
Book SynopsisThe need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance. Scholars around the globe will be interested in this book's unique discussion of comparative constitutional theory, and students and college professors will appreciate the accessibility of the chapters and the placement of the United States in comparative focus.Contributors include: W.-C. Chang, J.I. Colón-Riós, V. Ferreres Comella, J.E. Finn, S. Gardbaum, M.A. Graber, G. Halmai, J. Hiebert, G. Jacobsohn, J. King, H. Klug, D. Landau, D.S. Law, J. McLean, J.-W. Müeller, D. Robertson, Y. Roznai, C. Saunders, M. Schor, H. Schweber, S. Tierney, A. Torres Pérez, M. Tushnet, J. WeinribTrade Review'Masterfully curated by Gary Jacobsohn and Miguel Schor, this unique collection features new essays by many of the most insightful comparative constitutional scholars writing today. Comparative Constitutional Theory advances our understanding of how people living in different political settings conceptualize and address constitutional dilemmas that are common to most modern political systems. It is a handbook that every serious student of comparative constitutionalism should read.' --Ran Hirschl, University of Toronto, CanadaTable of ContentsContents: 1. Introduction: The Comparative Turn in Constitutional Theory Gary Jacobsohn and Miguel Schor PART I CONSTITUTIONAL STRUCTURES AND RIGHTS 2. What is Judicial Supremacy? Stephen Gardbaum 3. Federalism and Constitutional Theory Stephen Tierney 4. Theoretical Underpinnings of Separation of Powers Cheryl Saunders 5. Constitutional Dialogue and Judicial Supremacy Miguel Schor 6. Judicial Dialogue and Fundamental Rights in the European Union: A Quest for Legitimacy Aida Torres Pérez 7. Parliamentary Bills of Rights: Have They Altered the Norms for Legislative Decision-Making? Janet L. Hiebert 8. Social Rights in Comparative Constitutional Theory Jeff King 9. Human Dignity and its Critics Jacob Weinrib PART II CONSTITUTIONAL INTERPRETATION 10. The Counter-Majoritarian Thesis David Robertson 11. Legal Pragmatism and Comparative Constitutional Law David Landau 12. Beyond the Principle of Proportionality Victor Ferreres Comella 13. Text and Textualism: Religious Establishment in the United States Supreme Court and the European Court of Human Rights Howard Schweber 14. Reception, Context, and Identity: A Theory of Cross-National Jurisprudence Heinz Klug PART III CONSTITUTIONAL CHANGE 15. “We the People”, “Oui, the People”, and the Collective Body: Perceptions of Constituent Power Yaniv Roznai 16. Amendment Theory and Constituent Power Mark Tushnet 17. Anchoring and Sailing: Contrasting Imperatives of Constitutional Revolution Gary Jacobsohn 18. Theorising About Formal Constitutional Change: The Case of Latin America Joel I. Colón-Riós 19. Transitional Justice, Transitional Constitutionalism, and Constitutional Culture Gábor Halmai PART IV ISSUES IN CONSTITUTIONALISM 20. The Unwritten Constitution Janet McLean 21. Militant Democracy and Constitutional Identity Jan-Werner Müeller 22. Some Notes on Inclusive Constitution-Making, Citizenship, and Civic Constitutionalism John E. Finn 23. Race and American Constitutional Exceptionalism Mark A. Graber 24. Constitutional Dissonance in China Wen-Chen Chang and David S. Law Index
£49.35
Edward Elgar Publishing Ltd Constitutionalism in the Americas
Book SynopsisConstitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies ? empirical, historical, philosophical and textual analysis ? in the effort to provide a comprehensive look at a generation of constitutional change across two continents. The authors document surprising changes, including the relative decline in the importance of U.S. constitutional jurisprudence outside U.S. borders and the growing exchange of Latin American constitutional thought with Europe and beyond. Accompanying commentary elaborates on the role of constitutional law in global changes in political, social and economic power and influence. The chapters also prompt thinking about a wide range of topics important not just in the Americas, but across the world, including the challenges and implications of using legal transplants and, conversely, the utility and potential of borrowing and adapting constitutional and other legal models to different realities. This book is useful not only for advanced students of constitutional law and theory but also for students new to the area and eager to tap into the newest thinking about constitutional law and law-making in the Americas and elsewhere.Contributors include: D. Bonilla Maldonado, J. Couso, C. Crawford, J.L. Esquirol, R. Gargarella, T. Ginsburg, T.K. Hernandez, D. Landau, D.S. Law, F. Nicola, F. Pou GiménezTable of ContentsContents: 1. Introduction Daniel Bonilla Maldonado and Colin Crawford PART I The Relationship Between Latin American and U.S. Constitutionalism 2. The Political Economy of Legal Knowledge Daniel Bonilla Maldonado 3. The Geopolitics of Constitutionalism in Latin America Jorge L. Esquirol PART II Latin American Constitutionalism 4. Constitutionalism in the Americas: A Comparison between the U.S. and Latin America Roberto Gargarella 5. Back to the Future? The return of sovereignty and the principle of non-intervention in the internal affairs of the states in Latin America’s “radical constitutionalism” Javier Couso 6. Constitutionalism old, new and unbound: the case of Mexico Francisca Pou Giménez 7. Socioeconomic Rights and Majoritarian Courts in Latin America David Landau PART III U.S. constitutionalism in the 21st century 8. Constitutional Drafting in Latin America: A Quantitative Perspective David S. Law and Tom Ginsburg 9. The Global Diffusion of U.S. Legal Thought: Changing Influence, National Security and Legal Education in Crisis Fernanda Nicola 10. The Limits of U.S. Racial Equality Without a Latin American Constitutional “Right to Work” – A Thought Experiment Tanya Katerí Hernández Name Index Subject Index
£111.00
AU Press Transparent Lives: Surveillance in Canada
Book SynopsisThe work of a multidisciplinary research team, Transparent Lives explains how surveillance is expanding—mostly unchecked—into every facet of our lives. Although many Canadians are aware that government agencies are able to conduct mass surveillance using phone and online data, relatively few of us recognize the extent to which our privacy has been invaded by routine forms of monitoring. We cannot walk down a city street, attend a class, pay with a credit card, hop on an airplane, or make a phone call without data being captured and processed. Where does such information go, and who makes use of it? Who gains, and who loses? The New Transparency Project set out to investigate the myriad of ways in which both government and private sector organizations gather, monitor, analyze, and share information about ordinary citizens.This research, which extended over several years, culminated in the identification of nine key trends in the contemporary practice of surveillance—trends that, together, raise urgent questions of both privacy and social justice. Perhaps the loss of control over our personal information is merely the price we pay for using social media and other forms of electronic communication. Or should we instead be wary of systems that make us visible, and thus vulnerable, to others as never before? Transparent Lives is intended to inform policymakers, journalists, civil liberties groups, and educators about the current state of surveillance in Canada. Above all, though, it aims to alert unsuspecting citizens to the ubiquitous and largely invisible practices of monitoring that surround them.Table of ContentsPrefaceAcknowledgementsIntroduction: How Canadian Lives Became Transparent to Watching EyesTrend 1: Expanding Surveillance: From the Atypical to the RoutineTrend 2: Securitization and Surveillance: From Privacy Rights to Security RisksTrend 3: The Blurring of Sectors: From Public Versus Private to Public with PrivateTrend 4: The Growing Ambiguity of Personal Information: From Personally Identified to Personally IdentifiableTrend 5: Expanding Mobile and Location-Based Surveillance: From Who You Are to Where You AreTrend 6: Globalizing Surveillance: From the Domestic to the WorldwideTrend 7: Embedding Surveillance in Everyday Environments: From the Surveillance of People to the Surveillance of ThingsTrend 8: Going Biometric: From Surveillance of the Body to Surveillance in the BodyTrend 9: Watching by the People: From Them to UsConclusion: What Can Be Done?APPENDIX 1: Surveillance and Privacy Laws: FAQSAPPENDIX 2: Surveillance MoviesAPPENDIX 3: How to Protect Your Privacy Online: FAQSAPPENDIX 4: Canadian NGOs Concerned with Surveillance, Privacy, and Civil LibertiesAPPENDIX 5: Further Reading
£33.15
De Gruyter Privatrechtsdogmatik Im 21. Jahrhundert:
Book Synopsis
£269.10
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Deutsches Verfassungsrecht 1806 - 1918: Eine
Book SynopsisDer nunmehr vorliegende 4. Band widmet sich dem Verfassungsrecht der Freien Hansestadt Bremen, das sich schon aufgrund seines „republikanischen“ Charakters von dem Verfassungsrecht der ganz überwiegend monarchischen Staaten Deutschlands grundlegend unterschied. Mehr als 700 abgebildete Dokumente nebst einer ausführlichen Einführung vermitteln ein überaus anschauliches Bild von der verfassungsrechtlichen Entwicklung Bremens im Zeitraum zwischen 1806 und 1918.Table of ContentsTeil 1: Historische Einführungen.- 2. Abschnitt: Verfassungsentwicklung in den deutschen Einzelstaaten (1806 – 1918).- § 16: Bremen.- Teil 2: Verfassungsdokumente.- 2. Abschnitt: Verfassungsdokumente der deutschen Einzelstaaten (1806 – 1918).- § 16: Bremen.
£313.49
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Europäisches Verfassungsrecht: Theoretische und
Book SynopsisDer Band präsentiert systematisch die theoretischen und dogmatischen Grundzüge des europäischen Verfassungsrechts. Die vollständig aktualisierte und erweiterte 2. Auflage reflektiert die rapide Weiterentwicklung des Gegenstands und umfasst Beiträge zu den Verfassungsorganen, zur auswärtigen Gewalt, zum Rechtsschutz, zur Arbeitsverfassung sowie zum Raum der Freiheit, der Sicherheit und des Rechts. Das Buch wendet sich insbesondere an Studierende im Wahlfach Europarecht, an Wissenschaftler und an wissenschaftlich interessierte Praktiker.Trade ReviewAus den Rezensionen zur 2. Auflage: “... Den Reiz des Buch macht auch eine Mischung aus integrationsfreundlichen und eurokesptischen Tonlagen aus. ... eröffnet das Europaische Verfassungsrecht bei grundlegender Sympathie für das Einigungswerk dem Leser den Einblick in die unterschiedlichen Sichtweisen, die sich mit Blick auf das Brusseler Europa im Läufe der Zeit herausgebildet haben. Wer nach vertiefter Information und Wertung uber europaisches Primarrecht im weitesten Sinne sucht, findet bei Bogdandy/Bast reichen Gewinn.“ (Professor Dr. Rur Thomas Oppermann, in: DVBl Deutsches Verwaltungsblatt, 15/July/2011, Vol. 126, Issue 14, S. 882)Table of ContentsDer verfassungsrechtliche Ansatz und das Unionsrecht.- Gegenstand, Grundlagen und Grundbegriffe.- Grundprinzipien.- F#x00F6;deralismus und Demokratie.- Staatliches Unionsverfassungsrecht.- V#x00F6;lkerrechtliche Verfassungselemente.- Verfassunggebende Gewalt #x2013; Verfassung #x2013; Konstitutionalisierung.- Finalit#x00E4;t.- Das institutionelle Recht.- Die politischen Organe.- Kompetenzen.- Ausw#x00E4;rtige Gewalt.- Handlungsformen und Rechtsschutz.- Verfassungsgerichtsbarkeit.- Die Rechtsstellung des Einzelnen.- Unionsb#x00FC;rgerschaft.- Grundrechte.- Grundfreiheiten.- Der Raum der Freiheit, der Sicherheit und des Rechts.- Gesellschaftsverfassung.- Wirtschaftsverfassung im Binnenmarkt.- Arbeitsverfassung.- Wettbewerbsverfassung.- Gesamteinschätzungen.- Die Europ#x00E4;ische Union als f#x00F6;deraler Zusammenschluss von Staaten und B#x00FC;rgern.- Der europ#x00E4;ische Staatenverbund.- Die Vorz#x00FC;ge der Europ#x00E4;ischen Verfassung.
£52.24
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Die verflixte Mathematik der Demokratie
Book SynopsisDer Band erläutert die mathematischen Hintergründe der demokratischen Wahlsysteme und führt dabei zugleich in ihre Geschichte ein. Die Mehrheitswahl und die Zuteilung von Sitzen im Parlament etwa werfen mathematische Fragen auf, deren Lösung überraschend schwierig ist. Wie viele Sitze bekommt zum Beispiel eine Partei, die 23,6 Prozent der Stimmen erhielt? Die Erklärung beginnt in der Antike, führt über mittelalterliche Kirchenherren, Helden der Französischen Revolution und amerikanischen Gründungsväter bis zu heutigen Nobelpreisträgern.Trade ReviewAus den Rezensionen: “... sollte niemanden vom Lesen abschrecken und widmet viel Platz den Personen hinter den jeweiligen verfahren. ... Das Buch ist chronologisch gegliedert und widmet viel Personen hinter den jeweiligen Verfahren. ... Auf jeden fall ist ‘Die verflixte Mathematik der Demokratie‘ ein unglaublich faktenreiches Buch, aus dessen Lektüre man nict nur etwas über die verschiedenen Wahlverfahren, sondern auch sehr viel über Geschichte, Politik, Wissenschaft und die handelnden Personen lernen kann.“(in: ScienceBlogs 22/May/2011)“Dieses einem breiten Leserkreis zu empfehlende, bereits weniger als ein Jahr nach seiner englischen Erstausgabe auch auf Deutsch zugängliche Buch, bietet eine gut verständliche Einführung in die Schwierigkeiten, Paradoxien, teilweise Widersinnigkeiten und prinzipiell theoretischen Unzulänglichkeiten aller möglichen Wahlsysteme mit mehr als zwei Kandidaten. ... Sehr instruktiv sind zahlreiche gut belegte Beispiele und Tabellen aus der Praxis ... Auch die literarische Qualität dieses Werks ist vorzüglich. Die vielschichtige Lektüre bietet auch mathematisch wenig Interessierten einiges.“ (H. RINDLER, in: Monatshefte für Mathematik, October 2011, Vol. 164, Issue 2, S. 237 f.)Table of ContentsDer Anti-Demokrat.- Der Briefeschreiber.- Der Mystiker.- Der Offizier.- Der Marquis.- Der Mathematiker.- Der Oxforder Professor.- Die Gründungsväter.- Die Elite-Liga-Spieler.- Die Pessimisten.- Die Quotarier.- Die Postmodernen.- Literaturverzeichnis
£27.99
Springer Fachmedien Wiesbaden Hans Kelsen und die offene Gesellschaft
Book SynopsisHans Kelsens „Staatslehre ohne Staat“ und „Volk“ ist eine bedeutsame politische Theorie, vielleicht sogar die Verfassungstheorie der offenen Gesellschaft in der postnationalen Moderne: Ob Zuwanderungsgesellschaft oder europäische Integration – mit ihr lassen sich genau die aktuellen demokratie- und verfassungstheoretischen Herausforderungen pluralistischer Gesellschaften erfassen, an denen die tradierten Staats- und Verfassungslehren bis in die Rechtsprechung des Bundesverfassungsgerichts hinein scheitern. Kelsens modern-demokratische Konzeption einer Bürgerschaft als Rechtsgenossenschaft bedarf weder der „Souveränität“ noch der „homogenen Nation“; sie ist daher auch die für das zeitgemäße Verständnis des Grundgesetzes adäquate Staats- und Verfassungstheorie. Table of ContentsEinführung: Hans Kelsen und die Verfassungstheorie der offenen Gesellschaft.- Staat und pluralistische Gesellschaft bei Kelsen.- Der Streit um die Staatsgerichtsbarkeit in Weimar aus demokratietheoretischer Sicht: Triepel – Kelsen – Schmitt – Leibholz.- Exkurs: Relativismus, Positivismus und Demokratie bei Radbruch und Thoma.- Staatstheologie – politische Theologie – politische Religionen: Von Kelsen über Schmitt zu Voegelin.- Rückfall in die Barbarei? Leistungen und Grenzen der „Offenen Gesellschaft“ von Popper als Werk der Totalitarismustheorie.- Verfassungspolitologie des demokratischen „Verfassungsrealismus”: Von Lassalle über Kelsen zu Loewenstein.- Neo-Pluralismus als „Anti-Anti-Pluralismus“: Die Bedeutung von Kelsen und Schmitt für die politische Theorie von Fraenkel.- Die dunkle Seite des Rechtsstaats: Kirchheimers „Politische Justiz“ zwischen Freund-Feind (Schmitt), Klassenjustiz (Fraenkel) und Zvilisierung (Kelsen).- Häberle, die Wiener-Weimarer Staatsklassik und die offene Gesellschaft der europäischen Verfassungs-Kultur.- Demokratische Partizipation statt „Integration“: Normativ-staatstheoretische Begründung eines generellen Ausländerwahlrechts nach Kelsen.- Viel Smend (und auch Schmitt), wenig Kelsen: Zur Rezeption in der deutschen Staatsrechtslehre.- Homogenes Staatsvolk statt EU-Bürgerschaft: Das BVerfG zitiert Heller, meint Schmitt und verwirft Kelsens postnationales Konzept demokratischer Rechtsgenossenschaft.- Kein Ausländerwahlrecht: Der Staatsgerichtshof Bremen entscheidet gegen Kelsens demokratische Avantgarde – oder: Was ist ein (europäisches) Volk?.- Die „Kopftuch-Entscheidung“ des Bundesverfassungsgerichts zwischen Pluralismustheorie (Kelsen / Fraenkel) und Staatstheologie (Hegel/Schmitt).- Die andere Demokratietheorie des BVerfG: Popper / Häberle und eine (unbewusste) Kelsen-Rezeption im Brokdorf-Beschluss (1985) als Alternative zum Legitimationskettenmodell von Schmitt / Böckenförde.- Weimar – ein Paradigmenwechsel.- Die „Rückkehr“ Kelsens: Zur deutschsprachigen Forschung (2005-2015).
£37.99
