Constitutional and administrative law: general Books

Book SynopsisTrade Review"Winner of the J. Willard Hurst Book Prize, Law and Society Association""Honorable Mention for the Peter Gonville Stein Book Award, American Society for Legal History""Shortlisted for the Kamaladevi Chattopadhyay NIF Book Prize, New India Foundation""Elegantly written, meticulously researched, and convincingly argued, this is an impressive contribution to understanding Indian democracy and the role of judicial engagement in buttressing it."---A. Ahmad, Choice Reviews"It is a book that must be read not only by lawyers and (wo)men of law, but by every citizen who seeks to understand the Constitutional underpinnings of our republic. "---Sanjay Hegde and Pranjal Kishore, Economic and Political Weekly

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Book SynopsisTrade Review"Winner of the J. Willard Hurst Book Prize, Law and Society Association""Honorable Mention for the Peter Gonville Stein Book Award, American Society for Legal History""Shortlisted for the Kamaladevi Chattopadhyay NIF Book Prize, New India Foundation""Elegantly written, meticulously researched, and convincingly argued, this is an impressive contribution to understanding Indian democracy and the role of judicial engagement in buttressing it."---A. Ahmad, Choice Reviews"It is a book that must be read not only by lawyers and (wo)men of law, but by every citizen who seeks to understand the Constitutional underpinnings of our republic. "---Sanjay Hegde and Pranjal Kishore, Economic and Political Weekly

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Book SynopsisThe Fourteenth Amendment to the Constitution, ratified in 1868, sought to protect the rights of the newly freed slaves; but its first important test - centered on a vitriolic dispute among the white butchers of mid-Reconstruction New Orleans - did not arise until five years later. This is a guide to one of the US Supreme Court's most famous cases.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisTable of Contents Preface Introduction Part I. The Heroic Courts 1. The Origins of the U.S. Supreme Court 2. The Jay and Ellsworth Courts, 1789-1801 3. The Marshall Court, 1801-1835 4. The Taney Court, 1836-1864 5. The Chase Court, 1864-1873 Part II. The Classical Courts 6. The Waite Court, 1874-1888 7. The Fuller Court, 1888-1910 8. The White Court, 1910-1921 9. The Taft Court, 1921-1930 10. The Hughes Court, 1930-1941 Part III. The Modern Courts 11. The Stone Court, 1941-1946 12. The Vinson Court, 1946-1952 13. The Warren Court, 1953-1969 14. The Burger Court, 1969-1986 15. The Rehnquist Court, 1986-2005 16. The Roberts Court, 2005-2017 Conclusion Bibliographic Essay Index

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Book SynopsisWhat would an Anti-Federalist Constitution look like? Michael Faber presents an alternative perspective on constitutional history. Telling, in a sense, the other side of the story of the Constitution, his book offers key insights into the ideas that helped to form America's founding document.Trade ReviewMichael Faber has written a remarkable book—a tour de force. Faber's classification of Anti-Federalist writers as Democratic Anti-Federalists, Power Anti-Federalists, and Rights Anti-Federalists is unique and compelling. Faber's scholarship is first rate; it represents perhaps the finest use to date of the more than twenty-six volumes of The Documentary History of the Ratification of the Constitution. Faber adds to this his extraordinary use of the newspapers of the era."" - Ralph A. Rossum, author of Antonin Scalia's Jurisprudence: Text and Tradition

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Book SynopsisTells the story of how, in Hall v. Decuir, the post-Civil War US Supreme Court took its first step toward perpetuating the subjugation of the non-White population of the United States by actively preventing a Southern state from prohibiting segregation on a riverboat in the coasting trade on the Mississippi River.Trade ReviewRacism in the United States dismantled the Civil War's legal achievements and built the world of continuing and expanding racialized segregation, deprivations, and indignities-but how did this come to pass? It took the particularly effective combination of White resentment, judicial activism, legal abstractions, and political backlash to strip free people of color of rights, wealth, and status as shown in this detailed yet vivid and accessible account by Jack Beermann. Thanks to this book, the little-remembered Supreme Court rejection of state antidiscrimination laws and the valiant but unsuccessful efforts of Josephine Decuir and her lawyers take their rightful place in the crucial reckoning with vigorous federal destruction of equal treatment in the United States. Read this book to understand how 'technicalities' of inheritance law practice, the 'dormant Commerce Clause,' and Southern transportation policies mixed with White status desires to block equal treatment laws and create the 'separate but equal' regime." - Martha Minow, 300th Anniversary University Professor and former dean of Harvard Law School and author of In Brown's Wake: Legacies of America's Constitutional Landmark"It's about time the much-neglected US Supreme Court ruling Hall v. Decuir (1878) received serious book-length attention, for this 'long-forgotten' decision is more than an ironic milestone on the road to Plessy. In Jack Beermann's telling, it is no less a poignant turning point in the decisive marginalization of nineteenth-century Louisiana's mixed-race community. We owe him a huge debt for wresting this maddeningly tragic story from history's hidden shadows." - Lawrence N. Powell, professor emeritus of history, Tulane University, and author of The Accidental City: Improvising New Orleans

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Book SynopsisFour decades after Roe v. Wade, it remains a pivot upon which much of US politics turns. N.E.H. Hull and Peter Charles Hoffer have taken stock of the abortion debates, controversies, and cases that have emerged during the past decade in order to update their best-selling book on this landmark case.

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Book SynopsisFour decades after Roe v. Wade, it remains a pivot upon which much of US politics turns. N.E.H. Hull and Peter Charles Hoffer have taken stock of the abortion debates, controversies, and cases that have emerged during the past decade in order to update their best-selling book on this landmark case.

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Book SynopsisRather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence.Trade Review"Examining the work of seven leading figures in the history of US jurisprudence, Hoffer shows through sketches of their lives and detailed analysis of some of their most important opinions how each was committed to interpreting the law so that it would continue to contribute to the improvement of social and economic life. To do so they drew upon no single interpretive theory but rather a wide range of materials: text, original understandings, precedents, policy considerations. This is a bracing corrective to arguments that assert that our tradition is firmly committed to a single interpretive approach that disdains attention to policy and good outcomes."—Mark Tushnet, William Nelson Cromwell Professor of Law, emeritus, Harvard Law School, and author of Red, White, and Blue: A Critical Analysis of Constitutional LawTable of Contents Introduction: Reading Law Forward 1. John Marshall2. Joseph Story 3. Lemuel Shaw 4. Louis D. Brandeis 5. Benjamin N. Cardozo 6. William O. Douglas 7. Stephen G. Breyer Conclusion: The Making of a Democratic Jurisprudence Acknowledgments Notes Index

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Book SynopsisTells the story of the Supreme Court ruling that upheld President James Earl Carter’s unilateral decision to nullify the Sino-American Mutual Defense Treaty with the Republic of China (Taiwan), thereby enabling the United States to establish relations with the People’s Republic of China.Trade ReviewFew US Supreme Court decisions have influenced US foreign policy and US foreign affairs law more than Goldwater v. Carter. Kastenberg’s careful and comprehensive study provides crucial context for understanding the history and politics surrounding the Goldwater decision. It improves our understanding of the history of this crucial era, and the foundation for many of the jurisprudential developments in the subsequent four decades." - Julian Ku, vice dean for Academic Affairs, faculty director of International Programs, and Maurice A. Deane Distinguished Professor of Constitutional Law at Hofstra UniversityTable of Contents Acknowledgments Abbreviations Introduction: At the Entrance Gate 1. Origins of a National Zoo 2. Runaway Animals 3. The Crossroads of Science and Popular Culture 4. Animal Activism and the Zoo-Networked Nation 5. Zoo Conservation and Its Discontents: Chasing Bighorn Sheep 6. The Zoonotic Nature of Tuberculosis Conclusion: The National Zoo Movement Notes Bibliography Index

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Book SynopsisAddresses two constitutional issues: first, whether the states in 1860 had a right to secede from the Union and second, what significance slavery had in defining the constitutional Union. These two matters came together when the states seceded on the grounds that the system of government they had agreed to had been violated.Trade ReviewPeter Radan has produced a very learned defense of secession under the constitutions of 1878 and 1860. The author successfully challenges conventional wisdom that Abraham Lincoln was speaking unquestioned constitutional truth when in his inaugural address he pronounced Southern secession unconstitutional. The constitutional right of a state in 1787 and 1860 to secede from the Union, Radan livingly details, was at least as plausible as the conventional claim that states in 1787 and afterward had no constitutional right to secede from the Union." - Mark A. Graber, Regents Professor, University of Maryland Carey School of Law, and author of Punish Treason, Reward Loyalty: The Forgotten Goals of the Constitutional Reform after the Civil War"In this important, pathbreaking book, Peter Radan takes a close look at an idea that has been off-limits for over a hundred years: that the Confederate arguments for secession might have had some merit. With the Civil War fresh in American minds, secessionist arguments had to be branded as heresy, and they were. But now that we have more distance, we can afford to take a new and more objective look. And what we learn about injustices of the past may show the way to a more just future." - Kermit Roosevelt, David Berger Professor for the Administration of Justice at the University of Pennsylvania Carey Law School, and author of The Nation That Never Was: Reconstructing America’s StoryTable of Contents Foreword Acknowledgments Glossary Prologue Introduction 1. “An Irrepressible Conflict”: Slavery and the Union’ Territorial Expansion 2. “An Indestructible Union”: Nationalist and Compact Theories of the Constitution 3. “A Peculiar Species of Property”: The Constitution and Slavery 4. “The Constitutional Compact Has Been Deliberately Broken”: Constitutional Breaches and the Legal Justification of Secession 5. The Final Word Notes Selected Bibliography Index

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Book SynopsisFor most Americans, habeas corpus is the principal constitutional check on arbitrary government power, allowing an arrested person to challenge the legality of his detention. In a study that could not be more timely, Justin Wert reexamines this essential individual right and shows that habeas corpus is not necessarily the check that we’ve assumed.Trade ReviewAn impressive and engaging account of how the Great Writ, designed as a fundamental protector of liberty, has been shaped and misshaped by political forces. Wert’s history is a clarion call for a reaffirmation of the writ at its best." - David Cole, author of Terrorism and the Constitution"An excellent and much-needed study that focuses our attention on the politics that have always surrounded this important right." - Keith E. Whittington, author of Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review"An innovative history of habeas corpus that enhances our understanding of the way in which courts are part of political regimes." - Mark Tushnet, author of Why the Constitution MattersTable of Contents Preface 1. Habeas Corpus and History 2. Antebellum Habeas 3. The Reconstruction of Habeas Corpus 4. From the Extraordinary to the Ordinary: 1915-1969 5. Innocence and Guilt: Habeas from Burger to Rehnquist Conclusion: The Not-So-Great Writ of Liberty Notes References Index

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Book SynopsisSince the introduction of the Canadian Charter of Rights and Freedoms in 1982, the question of judicial power and its relationship to parliamentary democracy has been an important one in Canadian politics. Some critics, suspicious of what they perceive as the activism of unelected and unaccountable judges, view the increased power of the Supreme Court as a direct challenge to parliament. But has parliamentary democracy been weakened by judicial responses to the Charter?In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court's judicial activism. On the contrary, an activist framers' intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which hasTrade ReviewGoverning With the Charter offers a number of challenging insights into the new era of Canadian politics. The theory of multiple rights activism, the historical analysis of framers’ intent, the reconceptualization of judicial activism, and the normative implications for the future make this a most satisfying volume for the scholar of Canadian law, as well as for the general comparative courts researcher. -- David L. Weiden * Law and Politics Book Review, vol. 16, no. 6 *Table of ContentsAcknowledgmentsAcronymsIntroductionPart 1: Democratic Activism and Constitutional Politics1 Democracy and Judicial Review2 Constitutional Politics and the Charter3 Framers’ Intent and the Parliamentary ArenaPart 2: Judicial Activism and the Supreme Court of Canada4 The Supreme Court and Police Conduct5 Guardians of the ConstitutionPart 3: Legislative Activism and the Policy Process6 The Charter and Canadian Federalism7 Governing with the Charter of RightsConclusionBibliographyIndex

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Book SynopsisThis book, the second in the Landmark Cases in Canadian Law series, argues that in subsequent, post-Hunter v Southam decisions, the Supreme Court of Canada has strayed from the principles set out in that case, which were intended to protect the privacy of citizens from encroaching state power.Trade Review…it provides a thoughtful, critical counterpoint to those more practical texts. Academic and judicial libraries as well as prosecution departments and criminal law firms will find it to be a useful addition to their collections. -- Melanie Bueckert, Legal Research Counsel, Manitoba Court of Appeal * Canadian Law Library Review *Table of ContentsIntroduction1 Dickson’s Decision: The Supreme Court as Guardian of the Constitution2 The Threshold Test: A Reasonable Expectation of Privacy3 Lowering the Bar: The Supreme Court’s Failure to Maintain the Hunter Standard4 Expanding Search Powers: Search Incident to Arrest and Exigent CircumstancesConclusionAppendix: A Note on the EvidenceNotes; Bibliography; Index of Cases; Index

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Book SynopsisThis book, the second in the Landmark Cases in Canadian Law series, argues that in subsequent, post-Hunter v Southam decisions, the Supreme Court of Canada has strayed from the principles set out in that case, which were intended to protect the privacy of citizens from encroaching state power.Trade Review…it provides a thoughtful, critical counterpoint to those more practical texts. Academic and judicial libraries as well as prosecution departments and criminal law firms will find it to be a useful addition to their collections. -- Melanie Bueckert, Legal Research Counsel, Manitoba Court of Appeal * Canadian Law Library Review *Table of ContentsIntroduction1 Dickson’s Decision: The Supreme Court as Guardian of the Constitution2 The Threshold Test: A Reasonable Expectation of Privacy3 Lowering the Bar: The Supreme Court’s Failure to Maintain the Hunter Standard4 Expanding Search Powers: Search Incident to Arrest and Exigent CircumstancesConclusionAppendix: A Note on the EvidenceNotes; Bibliography; Index of Cases; Index

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Book SynopsisThe Canadian Charter of Rights is composed of words that describe the foundations of a just society: equality, freedom, and democracy. These words of justice have inspired struggles for civil rights, self-determination, trade unionism, the right to vote, and social welfare. Why is it, then, that fifteen years after the entrenchment of the Charter, social injustice remains pervasive in Canada?Joel Bakan explains why the Charter has failed to promote social justice, and why it may even impede it. He argues that the Charter's fine-sounding words of justice are 'just words.' Freedom, equality and democracy are fundamental principles of social justice. The Canadian Charter of Rights and Freedoms entrenches them in Canada's highest law, the constitution. Yet the Charter has failed to promote social justice in Canada. In Just Words, Joel Bakan explains why. Sophisticated in its analyses but clearly written and accessible, Just Words is cutting-edge commentary by one

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Book SynopsisThis book argues for a new vision of how to allocate power between the federal and state governments to provide effective government and enhance liberty.Trade Review"The framers gave us federalism at the end of the eighteenth century. Enhancing Government is federalism's blueprint for the twenty-first century. Chemerinsky delivers a deathblow to the modern view that federalism serves to limit government action—and shows instead how federalism allows government to solve problems and to enhance individual liberties. Powerfully argued, erudite, and practical, this magnificent book is essential reading for every citizen." -- Jason Mazzone * Brooklyn Law School *"Erwin Chemerinsky is one of the nation's leading scholars of constitutional law. Enhancing Government makes an important contribution to an area that has aroused great interest among academics, judges, politicians, and the general public. Chemerinsky's innovative approach sheds new light on one of the oldest and most significant areas of constitutional inquiry." -- Robert A. Schapiro * Emory University *"...Chemerinsky is a brilliant constitutional law scholar whose perspective on federalism, preemption, and separation of powers should be studied carefully. ...Enhancing Government is worth reading for those interested not only in the state of legal relations between state and federal governments, but also in how those relations might evolve in the next few years." -- The Federal Lawyer"In Enhancing Government, Erwin Chemerinsky provides a kind of holograph of what federalism—as the federal-state relation is confusingly called—would resemble if the U.S. were to enter a period of liberal ascendancy. His timing could not be better, since the chance of such an ascendancy is not exactly remote: A Barack Obama presidency seems possible, together with a Democratic majority in both houses of Congress The great virtue of Mr. Chemerinsky's book is that it serves as a blueprint for the Obama administration and a fair warning to its opponents." -- The Wall Street Journal"Chemerinsky has taken on the formidable task of arguing for a new constitutional vision of federalism, which should be viewed not as a limit on federal power but as an empowerment at both the state and national level...This is an interesting read for constitutional lawyers." —CHOICETable of Contents*** [Contents page follows on page vii] *** *** CONTENTS [page vii] *** Contents Acknowledgments 000 Introduction 000 Chapter 1 The Paradox of Post-1937 Federalism: How Did We Get Here and Where Are We Going? 000 Chapter 2 The Formalism of the Federalism Decisions and Its Failure 000 Chapter 3 The Values of Federalism 000 Chapter 4 Conceiving Federalism as Empowerment, Not Limits 000 Chapter 5 Federalism as Empowerment: Redefining the Role of the Federal Courts 000 Chapter 6 Empowering States: A Different Approach to Preemption 000 Conclusion 000 Notes 000 Index 000

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Book SynopsisDesigned to fill the need for an accessible introduction to Marbury and the topic of judicial review, this book presents the unique transcript of a reenactment of the argument of Marbury v. Madison, argued by constitutional scholars before a bench of federal judges. Following the transcript are essays on the case and its significance today.Trade Review"Arguing Marbury v. Madison is an important contribution to the literature on Marbury v. Madison, and perhaps more importantly, to the history and jurisprudence of judicial review....[A]n intellectual "Jones" for any self-respecting Supreme Court junkie." -- Law and Politics Book ReviewTable of ContentsContents Contributors 000 Introduction 000 Section I: The Oral Argument in Marbury v. Madison 1. Transcript of the Oral Argument in Marbury v. Madison 000 2. David A. Strauss, On Having Mr. Madison as a Client 000 Section II: Perspectives on Marbury v. Madison 3. Suzanna Sherry, The Intellectual Background of Marbury v. Madison 000 Comment: Susan Low Bloch, Marbury Redux 000 4. Barry Friedman, The Myths of Marbury 000 Comment: Douglas Reed, Judicial Review and the Stages of Marbury 000 5. Stephen M. Griffin, The Age of Marbury: Judicial Review in a Democracy of Rights 000 Comment: Vicki C. Jackson, A Democracy of Rights: The Dark Side? 000 Comment: Louis Michael Seidman, Marbury and the Authoritarian Straddle 000 Notes 000 Index 000

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Book SynopsisTrade Review"Blinded by Sight is a completely fresh, eye-opening perspective on the social construction of race. By showing that blind people understand race visually, Obasogie illuminates how everyone learns to 'see' race, powerfully debunking two dominant racial dogmas—that race is visually obvious and our laws should be colorblind. His fascinating study and path breaking analysis make an innovative contribution." -- Dorothy Roberts * author of Fatal Invention: How Science, Politics, and Big Business Re-create Race in the Twenty-first Century *"As Osagie Obasogie demonstrates in his brilliant new book, Blinded by Sight, new references to race as anchored in our DNA have in no way diminished our credence in the phenotypic reality and obviousness of racial categories. This first book is extremely ambitious—and successfully so. It has a startlingly original research design (involving interviews with blind people about race) that is based on a rare ability to question what seems obvious—in this case, the notion that blind people can't know race. Moreover, it effortlessly extends what could have been simply a fascinating empirical exercise to a deeper meditation on how our preconceptions about racial difference structure our laws and therefore the most fundamental processes of inequality and social outcomes. As if this were not enough, Blinded by Sight is also a methodological treatise and scholarly call to arms . . . This text is highly learned one that takes aim at a staggeringly 'big picture' . . . [This] book is written in a very fluid and clear style, and its arguments are illuminated by evocative quotations from interviews with blind people." -- Ann Morning"'I don't see race' is the all-too-cavalier refrain of our supposedly post-racial world. In this thought-provoking book, Obasogie reveals how deeply we all—blind people included—see race. Color's true significance is here revealed as an elaborate system of cognitive markers guiding the production of racial knowledge, filtering our priorities, preferences, and ultimately our politics." -- Patricia J. Williams * Columbia University School of Law *"In this insightful book, Obasogie, University of California (Hastings) law professor, assesses interviews with 131 blind and sighted Americans on how they understand 'race' . . . The author fruitfully examines the data's implications for how 'race' is more than visual, as a socially constitutive process, and how this affects naïve 'colorblind' arguments in popular commentaries and judges' reasoning . . . Recommended." -- J.R. Feagin * CHOICE *"In addition to demonstrating how race is socially constructed in the United States, Obasogie seeks to bridge the divide between critical race theory and social science research on race . . . Obasogie makes an important contribution to race scholarship and this book opens the door for additional research in this area that can provide a more nuanced understanding of the social construction of race." -- Jessica S. Welburn * Social Forces *"This brilliant book reveals race as a central way that we understand our society and ourselves. Obasogie's sightless subjects 'see' race as our deep and continuing social need to classify and rank. Blinded by Sight teaches us that we can reimagine race not as a disability or an advantage but as a flexible form of human variation. A wonderfully lucid book, highly recommended!" -- Howard Winant, University of California * Santa Barbara *"Blinded By Sight is a lucidly and crisply written exploration of how blind and sighted individuals understand race as a visual phenomenon, and how those understandings are reflected within society. This masterful work is sure to make an enormous contribution, and to provoke debate." -- Carroll Seron, Department Chair and Professor, University of California * Irvine *"A striking and powerful contribution to work within the Law and Society tradition, and Critical Race Theory . . . In Blinded by Sight, he [Obasogie] has given us not only rich empirical data regarding how blind and sighted people understand the visual salience of race; he has also provided a grounded and deep critique of the common sense American understanding that 'colorblindness' will lead to justice. Reading Obasogie, one becomes increasingly certain that a commitment to racial justice means that we all—sighted or not—must endeavor to see race." -- Renée Ann Cramer

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Book SynopsisExplores the circumstances and implications of McGirt v. Oklahoma, likely the most significant Indian law case in well over 100 years. Combining legal analysis and historical context, this book gives an in-depth, accessible account of how the case unfolded and what it might mean for Oklahomans and the Muscogee (Creek) Nation.Trade Review“The McGirt Supreme Court decision upholding the Muscogee reservation is one of the most important legal victories for tribal sovereignty in this century. But it didn’t come out of nowhere. Miller and Ethridge provide the long history and important legal context for readers to understand how we got here: that on the far end of the Trail of Tears a promise was kept.”—Rebecca Nagle (Cherokee Nation), journalist and host of This Land podcast“A Promise Kept places the blockbuster 2020 U.S. Supreme Court decision of McGirt v. Oklahoma into historical perspective and presents a thorough legal assessment of the court suit, its arguments, and its ramifications. The book will have wide appeal.”—Blue Clark, author of Indian Tribes of Oklahoma, A Guide “A Promise Kept is a must-have for those seeking to understand the full history and legal complexities of Oklahoma and the thirty-nine Indigenous Nations therein, as told from the experiences of the Muscogee (Creek) Nation.”—Stacy Leeds (Cherokee Nation), co-author of Mastering American Indian Law, 2nd edition

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Book SynopsisExplores the circumstances and implications of McGirt v. Oklahoma, likely the most significant Indian law case in well over 100 years. Combining legal analysis and historical context, this book gives an in-depth, accessible account of how the case unfolded and what it might mean for Oklahomans and the Muscogee (Creek) Nation.Trade Review“The McGirt Supreme Court decision upholding the Muscogee reservation is one of the most important legal victories for tribal sovereignty in this century. But it didn’t come out of nowhere. Miller and Ethridge provide the long history and important legal context for readers to understand how we got here: that on the far end of the Trail of Tears a promise was kept.”—Rebecca Nagle (Cherokee Nation), journalist and host of This Land podcast “A Promise Kept places the blockbuster 2020 U.S. Supreme Court decision of McGirt v. Oklahoma into historical perspective and presents a thorough legal assessment of the court suit, its arguments, and its ramifications. The book will have wide appeal.”—Blue Clark, author of Indian Tribes of Oklahoma, A Guide “A Promise Kept is a must-have for those seeking to understand the full history and legal complexities of Oklahoma and the thirty-nine Indigenous Nations therein, as told from the experiences of the Muscogee (Creek) Nation.”—Stacy Leeds (Cherokee Nation), co-author of Mastering American Indian Law, 2nd edition

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Book SynopsisIn this volume distinguished constitutional scholars aim to move debate over the Supreme Court beyond the soundbites that divide us to fundamental questions about the nature of constitutionalism.Trade Review"A provocative and illuminating series of essays that interrogates the very idea of constitutionalism rather than any one particular constitutional theory of interpretation or analysis." * Law and Politics Book Review *Table of ContentsIntroduction: The Idea of Constitutionalism —Steven Kautz, Arthur Melzer, Jerry Weinberger, and M. Richard Zinman PART I. PHILOSOPHICAL PERSPECTIVES 1. Ideas of Constitutionalism Ancient and Modern —Nathan Tarcov 2. On Liberal Constitutionalism —Steven Kautz PART II. HISTORICAL PERSPECTIVES: AMERICAN CONSTITUTIONAL HISTORY 3. Judicial Review and the Incomplete Constitution: A Madisonian Perspective on the Supreme Court and the Idea of Constitutionalism —Michael P. Zuckert 4. Constitutionalism as Judicial Review: Historical Lessons from the U.S. Case —Leslie Friedman Goldstein 5. Who Has Authority over the Constitution of the United States? —James Stoner PART III. COMPARATIVE PERSPECTIVES 6. The Supreme Court and Contemporary Constitutionalism: The Implications of the Development of Alternative Forms of Judicial Review —Mark Tushnet 7. The Sounds of Silence: Militant and Acquiescent Constitutionalism —Gary Jeffrey Jacobsohn PART IV. CONSTITUTIONALISM AND DEMOCRACY 8. Constitutionalism and Democracy: Understanding the Relation —Larry Alexander 9. Active Liberty and the Problem of Judicial Oligarchy —Robert P. Young, Jr. 10. Judicial Power and Democracy: A Machiavellian View —Rogers M. Smith PART V. CONSTITUTIONALISM AND POLITICS 11. Constitutional Constraints in Politics —Keith E. Whittington 12. "The Court Will Clean It Up": Executive Power, Constitutional Contestation, and War Powers —Benjamin A. Kleinerman Notes List of Contributors Index Acknowledgments

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Book SynopsisA groundbreaking analysis of how gendered oppression is written into the American legal systemLaw, Gender, and Injustice: A Legal History of U.S. Woman is a landmark study of how women remain second-class citizens under the current legal system. In this widely acclaimed book, Joan Hoff questions whether the continued pursuit of equality based on a one-size-fits-all vision of traditional individual rights is really what will most improve conditions for women in America. Concluding that equality based on liberal male ideology is no longer an adequate framework for improving women''s legal status, Hoff''s highly original and incisive volume calls for a demystification of legal doctrine and a reinterpretation of legal texts (including the Constitution) to create a feminist jurisprudence.Trade Review"A fascinating social history of women's rights, centered on a lengthy and discouraging series of constitutional confrontations .... a remarkably complete accounting of a historical trail that shape us all .... Law, Gender, and Injustice is an elegant example of the very best in feminist theorizing." -- Patricia J. Williams * Women's Review of Books *"Joan Hoff's legal history of U.S. women is a provocative, comprehensive, and realistic reinterpretation of women's legal status during the entire period of U.S. history. The book is sure to stimulate controversial reassessments of women's experience with the legal system." -- Mary Frances Berry,Geraldine R. Segal Professor of History, University of Pennsylvania"Requisite for establishing women's legal history as a field. . . . Hoff's work is pivotal for both its conceptualization of the issues and its periodization of the field. . . . In contending with law as it was as well as with law as it is and ought to be, Hoff not only synthesizes recent scholarship, but she also charts new territory especially with regard to a chronological framework." -- Norma Basch * The Journal of Women's History *"A brilliant, original, and thought-provoking book must reading for anyone interested in the full emancipation of women." * Ms. Magazine *

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Book SynopsisBased on interviews with more than 100 participants, Van Cott demonstrates how social issues were placed on the constitutional reform agenda and transformed into the nation's highest law. She follows each reform for five years to assess early results of what she calls an emerging model of multicultural constitutionalism.

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Book SynopsisFirst published in 1960, this work remains the seminal study of the development of Pennsylvania's constitution.

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Book SynopsisThese essays on the Constitution were written by busy men in the midst of an active public and professional life, written with immense haste, and without proper time for consultation.... Yet even when they first appeared, the Federalist papers were recognized as the best explanation of and defense of the Constitution available, and they took their place, almost at once, as a classic. Jefferson-no Federalist himself-pronounced the volume, when it appeared, the best commentary on the principles of government which has ever been written.-From the Introduction by Editor, Henry S. Commager. Includes bibliography.Table of ContentsEditor’s Introduction vii 1. Introduction I 2. The Value of Union 4 9. The Union a Safeguard against Domestic Disturbances 7 10. The Union a Check on Faction 9 11. Commercial Advantages of Union 16 14. Objections to the Union on the Score of Extent of Territory 18 15. Defects of the Present Confederation Arising from Dependence on State Governments 21 21. Fundamental Defects of the Present Confederation 25 22. Specific Defects of the Present Confederation 30 23. Necessity of an Energetic Government 38 26. Grounds for Restraining Legislative Authority over Armies 42 27. Impossibility of a National Government without a National Force 43 31. Necessity for Unlimited Power of Taxation 47 32. Exclusive and Concurrent Taxing Powers in a Federal System 50 33. Taxation Considered with Respect to General Powers 52 34. Taxation with Respect to Military Necessity 56 35. Taxation in Relation to Class Interests 58 37. Difficulties of the Convention in Framing a Constitution 61 39. Conformity of the Constitution to Republican Principles 66 41. General View of Powers Conferred by the Constitution 71 44. Restrictions on the Powers of the States 75 45. The Alleged Danger of National Power to the States 82 51. The System of Checks and Balances in the Government 85 64. The Treaty Making Powers of the Senate 89 69. Comparison of the Powers of the President with those of Other Executives 93 71. The Term of Office of the President 97 72. Reëligibility of the President 100 73. The Veto Power of the President 105 75. The Treaty Making Power of the President 109 78. The Judiciary Department and Judicial Review 113 80. The Extent of Judicial Powers 120 81. The Distribution of Judicial Authority 126 82. The Relation of Federal and State Courts 131 84. The Propriety of a Bill of Rights 134 85. Summary and Conclusion 139 Bibliography 145

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Book SynopsisTrade Review‘Simona Demkova’s monograph on the challenges to the right to an effective remedy posed by what she innovatively terms “semi-automated decision-making” in information cooperation in the EU AFSJ constitutes an important addition to the growing literature on EU-wide large-scale IT systems. Her administrative law lens through which information cooperation is studied is refreshing, thought provoking and original.’ -- Niovi Vavoula, Queen Mary University of London, UK‘By putting together two of the at present most interesting and, at the same time, most complex topics for EU Administrative Law scholarship, this book provides a clever and extremely welcome insight on European composite decision-making supported by algorithmically underpinned or otherwise automated decision-making support systems and on its negative impact on the effectiveness of judicial protection.’ -- Diana-Urania Galetta, Università degli Studi di Milano, Italy‘This book provides invaluable insights not only on the impact of technological progress on the protection of private persons but also on the difficulties of providing effective judicial protection in the face of the increasingly multi-jurisdictional and cross-border nature of administrative decision-making processes used for the implementation of EU law.’ -- Mariolina Eliantonio, Maastricht University, the NetherlandsTable of ContentsContents: 1. Introduction 2. Automated information processing in EU composite decision-making 3. The legal framework: Rights, remedies and obligations in semi-automated decision-making 4. Allocating responsibilities 5. Accessing remedies 6. Exercising effective review: trust but care? 7. Effective remedies in the age of automation: Findings and recommendations 8. Conclusion Index

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Book SynopsisTrade Review‘”Direct democracy can only fulfill the promise of enhanced civic engagement and genuine democratic will-formation, if the direct-democratic instruments are well-constructed.” Anna Forgács brilliantly demonstrates this core truth about direct democratic mechanisms by focusing on referendum authorization procedures in a mindfully selected number of European states. The book fills a void and is bound to become a cornerstone of studies on the design and legal limits of direct democracy.’ -- Laurence Morel, University of Lille, France‘Who gets to decide whether a given proposal may be put to a popular vote? How should procedures for making that decision be designed? Based on a huge amount of data and a meticulous analysis of the intricacies of referendum authorization in various European states, this is the first work to address these questions in a systematic way. Highly impressive.’ -- Daniel Moeckli, University of Zurich, SwitzerlandTable of ContentsContents: 1. Introduction to Referendum Authorization Procedures in Europe 2. European trends in referendum authorization 3. The legal rules on referendums in the selected states 4. The nature of the referendum authorization procedure 5. Procedural guarantees in referendum authorization 6. Impartiality and independence of the decision-maker 7. Right to a reasoned decision 8. Right to be heard and other participation rights 9. Right to an effective remedy 10. Conclusions on referendum authorization procedures in Europe Bibliography Index

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Book SynopsisTrade Review‘Schultz offers a timely book on the importance, history, and uses of legal precedent, especially in Supreme Court cases. This book is especially timely because Schultz uses the Supreme Court nominations of Brett Kavanaugh and Amy Coney Barrett to discuss the shift in precedent during the Roberts Court, especially regarding Roe v Wade prior to its post-publication overturning in June 2022. Summing Up: Highly recommended. Undergraduates and general readers.’ -- T.T. Gibson, CHOICE‘Students and scholars alike will find a trove of materials on how the US Supreme Court has treated its own precedents over the past 230 years. Never has this been more important than today, as a newly empowered conservative majority is poised to reconsider the rulings of the past.’ -- Daniel Farber, University of California, Berkeley, US‘The book clearly explains genesis and the role of legal precedent in the construction of American law. What is extremely interesting, that David Schulz in a very convenient way shows us how the precedents are set, how they are modified, and what is a role of judges, especially of chief justices, for the ideology and the content of the court’s decisions.’ -- Dalia Vasarienė, Mykolas Romeris University, Lithuania and The Supreme Court of LithuaniaTable of ContentsContents: Introduction: The nature of legal precedent in American law 1. Jay to Vinson Courts 2. The Warren Court 3. The Burger Court 4. The Rehnquist Court 5.The Roberts Court Index

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Book SynopsisBuilding on economic and feminist critiques of legal individualism, this book develops a relational analysis of constitutional law in the context of real-world social inequality. It provides a methodological framework for legal scholarship, as well as a vocabulary for equality-oriented interpretations of law.

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Book SynopsisThis thoroughly revised third edition of Comparative Administrative Law builds on the legacy of the first two editions, providing a redefined and reinvigorated analysis of pressing issues on the topic through original chapters, a renewed group of contributors and a broader geographic scope, with particular emphasis on the Global South.

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Book SynopsisTrade Review‘Today, hardly any area of the law is not influenced by European Union law. This book provides a clear and concise account of EU law’s structure and functioning, covering both institutional and substantive law as well as the interplay between them. Written in an accessible style and updated for this new edition, the text offers a highly valuable introduction to EU law, not only for students, but also for legal practitioners wishing to get a grasp on this complex area of the law and on the European Union.’ -- Sacha Prechal, Judge at the Court of Justice of the EU‘This is an excellent Advanced Introduction to EU law, which provides the reader with a succinct and insightful analysis of the constitutional, institutional and substantive dimensions of the subject. Jacques Ziller conveys a great deal of information in an engaging manner.’ -- Paul Craig, University of Oxford, UKTable of ContentsContents: Preface 1 A constitution based upon international treaties 2 Scope of EU law and conferral 3 Values, fundamental rights and citizenship 4 The area of freedom, security and justice (AFSJ) 5 The internal market 6 Policies bordering on the internal market 7 Economic and monetary union 8 External action 9 Specific features of EU law 10 Institutional framework of the EU 11 Distribution of powers in the EU 12 Acts of EU law and hierarchy of norms 13 Judicial review and case law Bibliography Index

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Book SynopsisTrade Review‘Today, hardly any area of the law is not influenced by European Union law. This book provides a clear and concise account of EU law’s structure and functioning, covering both institutional and substantive law as well as the interplay between them. Written in an accessible style and updated for this new edition, the text offers a highly valuable introduction to EU law, not only for students, but also for legal practitioners wishing to get a grasp on this complex area of the law and on the European Union.’ -- Sacha Prechal, Judge at the Court of Justice of the EU‘This is an excellent Advanced Introduction to EU law, which provides the reader with a succinct and insightful analysis of the constitutional, institutional and substantive dimensions of the subject. Jacques Ziller conveys a great deal of information in an engaging manner.’ -- Paul Craig, University of Oxford, UKTable of ContentsContents: Preface 1 A constitution based upon international treaties 2 Scope of EU law and conferral 3 Values, fundamental rights and citizenship 4 The area of freedom, security and justice (AFSJ) 5 The internal market 6 Policies bordering on the internal market 7 Economic and monetary union 8 External action 9 Specific features of EU law 10 Institutional framework of the EU 11 Distribution of powers in the EU 12 Acts of EU law and hierarchy of norms 13 Judicial review and case law Bibliography Index

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Book SynopsisDiscover the ins and outs of Constitutional law Are you a student looking for trusted, plain-English guidance on the ins and outs of Constitutional law? Look no further! Constitutional Law For Dummies provides a detailed study guide tracking to this commonly required law course.Table of ContentsIntroduction 1 Part I: Studying Constitutional Law: The Foundations 9 Chapter 1: Understanding the Constitution 11 Chapter 2: Constitutional Law: A View from 30,000 Feet 33 Chapter 3: Mapping Out Key Concepts and Distinctions in Constitutional Law 49 Part II: Allocating Governmental Roles 59 Chapter 4: “Constituting” a New Federal Government 61 Chapter 5: Charting the Reach of National Government Powers 83 Chapter 6: Sorting Out National Powers: Inter-Branch Conflict and Cooperation 105 Chapter 7: The Constitution and Federalism 125 Part III: Protecting Property Rights and Avoiding Arbitrary Action141 Chapter 8: Avoiding Arbitrary Government Action: Due Process of Law 143 Chapter 9: Protecting Property: Land, Contracts, and Guns 161 Chapter 10: Preventing Government from Discriminating 177 Part IV: Rights to Self-Expression and Political Participation 199 Chapter 11: "Express Yourself!" Freedom of Speech 201 Chapter 12: The Constitution and Religion 225 Chapter 13: Getting Involved: Voting and Becoming or Supporting a Candidate 247 Part V: Understanding Privacy Rights 263 Chapter 14: Implied Privacy Rights — Fundamental and Otherwise 265 Chapter 15: Preventing Unreasonable Searches and Seizures 289 Chapter 16: The Right against Self-Incrimination 311 Part VI: The Part of Tens 331 Chapter 17: Ten Landmark Court Decisions about Governmental Structure 333 Chapter 18: Ten (Plus Three) Top Individual-Rights Cases 341

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Book SynopsisAusterity and Law in Europe presents an interdisciplinary collection of essays that challenge traditional narratives of austerity. The contributions recast austerity as a historically contingent political rationality that operates through law and technocracy.Table of ContentsAusterity and Law in Europe: An Introduction (Marija Bartl and Markos Karavias)The Guardians of Capitalism: International Consensus and the Technocratic Implementation of Austerity (Clara E. Mattei)Has (Downturn-)Austerity Really Been `Constitutionalized' in Europe? On the Ideological Dimension of Such a Claim (Clemens Kaupa)The Crisis of Law and the European Crises: From the Social and Democratic Rechtsstaat to the Consolidating State of (Pseudo-)technocratic Governance (Agustin J. Menendez)The Bank, the Bond, and the Bail-out: On the Legal Construction of Market Discipline in the Eurozone (Harm Schepel)The Growth of Debt and the Debt of Growth: Lessons from the Case of Argentina (Pablo J. Lopez and Cecilia Nahon)Social Rights Constitutionalism: An Antagonistic Endorsement (Emilios Christodoulidis)Contesting Austerity: On the Limits of EU Knowledge Governance (Marija Bartl)

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Book SynopsisThis book brings together a selection of law suits brought by peers and members of the house of commons in the royal common law and equity courts at Westminster between 1377 and 1512, relating to themes such as parliamentary elections, the payment of parliamentary wages, and the evolution of the parliamentary privilege of freedom from arrest.Trade Review"This is a valuable collection of documents, the standard of editing remorselessly high, and the editor, particularly in respect of wages cases, has left little for others to find." (The Ricardian XX, 2010) Table of ContentsPart I: Introduction: Covering subjects including the parliamentary privilege of freedom from arrest; parliamentary elections; payments of MPs’ wages; the process of statutory regulation of parliamentary affairs; the royal law courts and their procedures Part II: The Texts: Parallel Latin/Middle English/French – Modern English edition of a) Suits relating to parliamentary privilege b) Suits relating to parliamentary elections c) Select suits relating to the payment of Members of Parliament d) Miscellaneous suits Part III: Appendices: Calendar of suits relating to the payment of Members of Parliament a) List of Peers and Members of the House of Commons mentioned in the texts b) List of Parliaments 1376-151

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