Constitutional and administrative law: general Books
Cambridge University Press Labour Justice
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£81.00
Cambridge University Press Central Banking and Sustainability
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£103.50
Cambridge University Press The Cambridge Handbook of the Governance of Technology
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£152.00
Cambridge University Press People v. The Court
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£76.50
Cambridge University Press Magna Carta and its Modern Legacy Comparative Constitutional Law and Policy
Book SynopsisMagna Carta is celebrated around the world as a symbol of limited government and constitutionalism. But in 1215 Magna Carta was a failure, abrogated within months. Why then do we celebrate this piece of parchment? To mark the 800th anniversary this book brings together top scholars from the UK, US and Australia to answer this question and analyse Magna Carta's historic and contemporary influence. Using a political science framework, Magna Carta and its Modern Legacy draws from scholarship on influence and constitutional design to explain how parchment can contain executive power. Individual chapters on Britain discuss such topics as socioeconomic rights in Magna Carta; Magna Carta and the British constitution; and public understanding of the charter. Internationally focused chapters look at Magna Carta and jury trial in America, slavery in the Caribbean, court delays in the Pacific, the proportionality principle, and judicial supremacy.Trade Review'This is a worthy contribution to the study of Magna Carta at the dawn of the twenty-first century. It presents the reader with novel insights into the Great Charter's history and highlights talking points in the broader conversation about its place in the constitutional thought of the future. Its critical tone may help inoculate students against the mythology of Runnymede. But the collection also makes clear that, however mixed its legacy, and however modest its 'actual, direct' influence, Magna Carta will continue to structure debate around the most pressing questions of public power and individual liberty.' J. G. Allen, The Cambridge Law JournalTable of ContentsPreface; 1. Magna Carta… Holy Grail? James Melton and Robert Hazell; Part I. Influence in the UK: 2. Magna Carta, the rule of law and the reform of the Constitution Vernon Bogdanor; 3. Eight centuries on: who are Britain's barons now? Anthony King; 4. What Magna Carta means to the modern British public Roger Mortimore; Part II. Influence around the World: 5. The troublesome inheritance of Americans in Magna Carta and trial by jury Renée Lettow Lerner; 6. Magna Carta, the 'sugar colonies' and 'fantasies of empire' Derek O'Brien; 7. Magna Carta frustrated? Institutional delay in the Pacific Island states of the Commonwealth David Clark; Part III. Twenty-First-Century Reflections on Magna Carta: 8. Magna Carta and modern myth-making: proportionality in the 'cruel and unusual punishments' clause Craig S. Lerner; 9. Judicial supremacy: explaining false starts and surprising successes Victor Menaldo and Nora Webb Williams; 10. More magna than the Magna Carta: Magna Carta's sister – the Charter of the Forest Geraldine Van Bueren; 11. Michael Oakeshott, the legendary past and Magna Carta Nathalie Riendeau; Appendix: English translation of Magna Carta (1215).
£25.64
Cambridge University Press The Invisible Constitution in Comparative
Book SynopsisConstitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.Trade Review'The invisible constitution, the small-c constitution, extraconstitutional rules, conventions and norms - these and similar ideas occupy a large space in contemporary thinking about constitutions. The essays in this collection wrestle with these protean concepts, using tools from legal theory, political science, and sociology. The concepts may remain elusive after one reads the essays, but the reader will undoubtedly have a better and more sophisticated grasp on their possible meaning.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School, Massachusetts'Dixon and Stone have assembled a world-class group to investigate a subject of deep importance to all scholars of public law. Unseen but neither unknown nor uncontested, the invisible constitution raises serious challenges for constitutional design, constitutional interpretation and constitutional change. This volume addresses each of these and more, and does so with rich comparative perspectives that leave the reader asking foundational questions about the nature of higher law, the limits of codification, and the necessary and sufficient conditions for constitutionalism - the mark of an outstanding study in public law.' Richard Albert, University of Texas, AustinTable of ContentsIntroduction: the invisible constitution in comparative perspective Rosalind Dixon and Adrienne Stone; 1. Soundings and silences Laurence H. Tribe; 2. The Indonesian constitutional court: implying rights from the 'rule of law' Simon Butt; 3. The evolution of natural law in Ireland Eoin Carolan; 4. Behind the text of the basic law: some constitutional fundamentals Johannes M. M. Chan; 5. The constitutional orders of 'One Country, Two Systems': a comparative study of the visible and invisible bases of constitutional review and proportionality analysis in the Chinese special administrative regions of Hong Kong and Macau Albert H. Y. Chen and P. Y. Lo; 6. Constitutional implications in Australia: explaining the structure-rights dualism Rosalind Dixon and Gabrielle Appleby; 7. The implicit and the implied in a written constitution Jeffrey Goldsworthy; 8. Interim constitutions and the invisible constitution Caitlin Goss; 9. Germany's German constitution Russell A. Miller; 10. The platonic conception of the Israeli constitution Iddo Porat; 11. Unwritten constitutional principles in Canada: genuine or strategic? David Schneiderman; 12. Originalism and the invisible constitution Lawrence B. Solum; 13. Malaysia's invisible constitution Yvonne Tew; 14. Lost in transition: invisible constitutionalism in Hungary Gábor Attila Tóth; 15. The centrality and diversity of the invisible constitution Patrick Emerton; 16. Is the invisible constitution really invisible? Jongcheol Kim; 17. 'Additive judgments': a way to make the invisible content of the Italian constitution visible Irene Spigno; 18. The 'invisible constitution' seen realistically: visualising China's unitary system Zhai Han.
£45.98
Cambridge University Press A Debt Against the Living
Book SynopsisThis book is an introduction to and defense of originalism and the Founding intended for a more general audience. No similar book exists. It is aimed at law students, advanced college students, policymakers, and the politically interested reader seeking a general introduction to originalism and its implications for today.Trade Review'Ilan Wurman's fine book explores a classic question about constitutions, especially written constitutions, and most especially ours: Why should people in later generations feel bound by rules put in place by people in earlier generations? Wurman has provided a careful, detailed, and properly nuanced argument for James Madison's suggestion that the constitutional order gives rise to a kind of 'debt' that the living have to the dead - an argument that illuminates many current questions in constitutional law.' Robert P. George, McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions, Princeton University, New Jersey'This is a wonderful book, and a major contribution to the academic and popular discourses on originalism.' Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory and Director, Center for the Constitution, Georgetown University Law Center, Washington, DC and author of Our Republican Constitution: Securing the Liberty and Sovereignty of We the People'Ilan Wurman's book is more than an excellent introduction to constitutional originalism. It is also an argument for the importance of an enduring constitution - a work of popular sovereignty that protects rights, enables democracy, and bestows its benefits on future generations.' Jack Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law School, and author of Living Originalism'The confirmation hearing of Justice Neil Gorsuch brought the debate over an originalist approach to constitutional interpretation before the public like never before. Ilan Wurman's timely book provides the lay reader with a clear and lucid explanation of what originalism means, and a thoughtful and inspiring defense of why the Constitution remains worthy of our allegiance today.' Ralph A. Rossum, Salvatori Professor of American Constitutionalism, Claremont McKenna College, California, and author of Antonin Scalia's Jurisprudence and Understanding Clarence Thomas'Originalism is one of the most important theories of constitutional interpretation, and yet it is often misunderstood. Ilan Wurman's explanation and defense of originalism is therefore important and timely. It is also sophisticated, accessible, and fun to read. This book should be given to every law student.' William Baude, Neubauer Family Assistant Professor of Law, University of Chicago Law School'If a written constitution is to constitute - if it is to give a durable, predictable form to government institutions and procedures - it must be consistently construed with fidelity to its words. Ilan Wurman's argument, as trenchant as it is timely, demonstrates that such originalism is, although demanding, indispensable.' George F. Will, Newspaper columnist and political commentator'Constitutional theory matters. We disagree about what our constitutional rights and powers are in large measure because we disagree about general and abstract questions of constitutional interpretation. In clear and accessible prose, Ilan Wurman defends an originalist approach to constitutional interpretation on the arresting ground that only by enforcing the written Constitution as it was originally understood by those who wrote and ratified it can living Americans discharge a debt that we owe to the Founding. Wurman's book is a lucid introduction to theoretical debates of great practical importance.' Mitchell Berman, Leon Meltzer Professor of Law, and Professor of Philosophy, University of PennsylvaniaTable of ContentsForward; Acknowledgments; Introduction; Part I. Preliminaries and Language: 1. The origins of originalism; 2. The meaning of meaning; Part II. The Original Constitution: 3. Constitutional legitimacy; 4. The founders on founding; 5. Interpreting the constitution; Part III. Objections and Recapitulation: 6. Lawyers as historians; 7. Brown v. board and originalism; 8. A coda on nonoriginalisms; Epilogue.
£59.85
Cambridge University Press The Antebellum Origins of the Modern Constitution
Book SynopsisThis book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved''s personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutTrade Review'Gilhooley gives us a new and profoundly original account of the roots, during the era of slavery, of today's battles over constitutional interpretation. In the process, he reconceives the political legacy of the 1820s and 1830s, scrambles our contemporary assumptions about the ideological meaning of the different theories of the Constitution, and thoroughly dissects the American worship of the founders. This is a terrific book and one to be returned to again and again.' Aziz Rana, Cornell University'This book is convincing and profound: a real tour de force. Gilhooley is immensely clarifying on points of history, political theory, and legal/constitutional development precisely because he integrates them. His argument that originalism emerged as a response to the exigencies of antebellum debates will be a touchstone for a very long time.' David Waldstreicher, The Graduate Center, City University of New YorkTable of ContentsIntroduction; 1. The Constitutional Imaginaries of the Missouri Crisis; 2. The Declaration of Independence and Black Citizenship in the 1820s; 3. Abolitionism and the Constitution in the 1830s; 4. The Slaveholding South and the Constitutionalization of Slavery; 5. Theories of the Federal Compact in the 1830s; 6. Slavery, The District of Columbia, and the Constitution; 7. The Congressional Crisis of 1836; 8: The Compact and the Election of 1836; 9. The Afterlife of the Compact of 1836; Conclusion.
£31.90
Cambridge University Press Americas Voucher Politics
Book SynopsisWhat explains the explosive growth of school vouchers in the last two decades? In America''s Voucher Politics, Ursula Hackett shows that the voucher movement is rooted in America''s foundational struggles over religion, race, and the role of government versus the private sector. Drawing upon original datasets, archival materials, and more than one hundred interviews, Hackett shows that policymakers and political advocates use strategic policy design and rhetoric to hide the role of the state when their policy goals become legally controversial. For over sixty years of voucher litigation, white supremacists, accommodationists, and individualists have deployed this strategy of attenuated governance in court. By learning from previous mistakes and anticipating downstream effects, policymakers can avoid painful defeats, gain a secure legal footing, and entrench their policy commitments despite the surging power of rivals. An ideal case study, education policy reflects multiple axes of conflict in American politics and demonstrates how policy learning unfolds over time.Trade Review'This theoretically rich, empirically compelling analysis shows how conservatives have used devilishly clever, evolving policy designs and obfuscating rhetorical strategies to achieve their goal of limiting the role of government and breaking unions. A seminal contribution to American political development, public policy, public law, and education policy which I read with awe.' Andrea Louise Campbell, Massachusetts Institute of Technology'America's Voucher Politics answers one of the most interesting policy puzzles of our time: how did school vouchers go from the fringes to the mainstream? As important as that question is, however, this book is about more than education policy. In telling the tale of school vouchers, Hackett illuminates policy-making more broadly, by shining a light on the many ways that policymakers make it hard for voters to see what government is doing. And, she does it effectively, as the book is a case study in how to write about public policy. The argument is compelling, the evidence convincing, and the prose engaging.' David Campbell, University of Notre Dame'Hackett's brilliant and timely analysis transforms the way we understand state policy and politics. Weaving together racial, religious, and civic foundational orders in US history, policy design, legal cases, and political rhetoric, the book reveals the complex, long-term strategies that political elites use to obfuscate public policy goals when they face public opposition or potential legal challenge. The result is a set of state policies that are not merely hidden, but constitute a form of doubly distanced attenuated governance. It is hard to imagine that state politics and policy research will ever be the same.' Lisa L. Miller, Rutgers University'… Hackett's book provides a roadmap for how to structure and carry out this type of work and encourages those of us who study the hidden welfare state to think more deeply about what it means that the state is hidden and why.' Chloe N. Thurston, American Politics'For readers well informed about the history of voucher politics in US education, this volume will add additional layers of analysis and understanding. Those new to the debate will find this book offers a meaningful, in-depth overview along with well-reasoned arguments about how and why the present situation has come to be and ways to adjust the system … Highly recommended.' W. Miller, Choice'America's Voucher Politics: How Elites Learned to Hide the State is an extraordinary study offering research based and insightful analysis of the history and contemporary employment of school vouchers and their selective education purposes, as well as their political implications … highly recommended as a unique and critically important contribution to our on-going national discussion of school vouchers.' The Midwest Book Review; Library BookwatchTable of ContentsIntroduction. Subtle forms of circumvention; 1. America's foundational identity struggles; 2. Two dimensions of attenuated governance; 3. The racial struggle: segregation grants in the Brown era; 4. The religious struggle: vouchers and the church-state question; 5. The public-private struggle: union opposition and the educational establishment; 6. Tax credit scholarships in an era of Republican dominance; 7. Education savings accounts and controversies beyond; Conclusion. Attenuated governance and the state.
£31.90
Cambridge University Press Redrafting Constitutions in Democratic Regimes
Book SynopsisGrowing public discontent with the performance and quality of many contemporary democracies makes them vulnerable to popular pressures to profoundly transform or replace their constitutions. However, there is little systematic academic discussion on the legal and political challenges that these events pose to democratic principles and practices. This book, a collaborative effort by legal scholars and political scientists, analyzes these challenges from an interdisciplinary and comparative perspective. It fills a theoretical vacuum by examining the possibility that constitutions might be replaced within a democratic regime, while exploring the conditions under which these processes are more compatible or less compatible with democratic principles. It also calls attention to the real-world political importance of the phenomenon, because recent episodes of constitutional redrafting in countries including Kenya, Poland, Venezuela and Hungary suggest that some aspects of these processes may be associated with either the improvement or the gradual erosion of democracy.Trade Review'This book is an excellent collection on the processes of constitutional creation in democratic regimes. Combining detailed empirical studies with theoretical approaches to challenging texts, this valuable work will undoubtedly enrich the field of comparative constitutionalism. A must-read for legal and political theorists interested in the topic.' Roberto Gargarella, Universidad Torcuato Di Tella, School of Law'Gabriel Negretto and his distinguished collaborators have produced a collection of incisive theoretical essays and carefully selected case studies. The result is a truly impressive volume on the conditions in which democratic outcomes emerge from constitutional processes.' Donald L. Horowitz, Duke University, and author of Constitutional Change and Democracy in Indonesia'By combining thoughtful theoretical discussion with comprehensive comparative investigation, this outstanding collection of essays offers an exceptional perspective on some of the most intriguing and timely questions in the growing field of comparative constitution making today: when, how, and why democratic constitutions are replaced, and what the consequences might be of such constitutional replacement for the stability and functioning of democracy. The book is essential reading for students and scholars in political science and comparative law, as well as for practitioners in fields of democracy and rule-of-law promotion.' Hanna Lerner, School of Political Science, Government, and International Affairs, Tel Aviv University'Constitutions are often written as though they are perpetual, but they seldom prove to be. Indeed, calls for constitutional replacement appear to be increasingly common - and not just when an old political order collapses but even within ongoing democratic regimes. How do democracies renew their constitutions and what are the effects on liberal democracy going forward? Gabriel Negretto, Latin America's foremost expert on constitutional design and reform, has assembled a team of legal and political experts and delivers a framework for understanding how democratic charters can adapt and thrive, as well as how constitutional change can foster democratic erosion.' John M. Carey, Wentworth Professor in the Social Sciences, Dartmouth College'… this book will be an important reference in relevant fields for years to come. It is a must-read for anyone interested in constitutional redrafting and general institutional reform.- not only scholars and post-graduate students, but also policy makers, advisors, and anyone with a need for a good compendium of theoretical and comparative reflections in the topic. The contributions in Negretto's excellently edited volume couldn't be timelier: this is a terrific book to have on hand to read during these times of change.' Raul A. Sanchez-Urribarri, Law and Politics Book ReviewTable of Contents1. Introduction: new constitutions in democratic regimes Gabriel L. Negretto; Part I. Conceptual, Normative, and Empirical Issues: 2. Constitution making through law Joel Colón-Ríos; 3. Expanding revision clauses in democratic constitutions William Partlett; 4. Courts and constitution making in democratic regimes: a contextual approach David Landau; 5. Replacing constitutions in democratic regimes: elite cooperation and citizen participation Gabriel L. Negretto; Part II. Case Studies: 6. The difference power diffusion makes: explaining divergent outcomes in Colombia (1990–1991) and Venezuela (1998–1999) Ana María Bejarano and Renata Segura; 7. Procedural rules and majoritarian politics in Poland (1993–1997) and Hungary (2010–2011) Gabriel L. Negretto and Solongo Wandan; 8. Thailand's democratic moment: the 1997 constitution Tom Ginsburg; 9. Political elites and the people: Kenya's decade-long constitution-making process Christina Murray; 10. The anatomy of constitution making: from Denmark in 1849 to Iceland in 2017 Thorvaldur Gylfason.
£22.99
Cambridge University Press Courting Constitutionalism
Book SynopsisThis book is of immense relevance to anyone interested in the history of public law, constitutional politics, legal system and state structure in Pakistan. It is also of significant interest to the scholars of the judicial power, comparative constitutional law, constitutionalism in Asia and comparative administrative law.
£33.24
Cambridge University Press Properties of Law
Book SynopsisThe book is a study of legal theory, written in a style which makes it accessible to both academics and the general reader. The book offers a view of modern law alternative to prevalent legal positivism, dominated by the towering figures of Hans Kelsen and H. L. A. Hart.Table of ContentsPart I. Sociality: 1. Return of the repressed; 2. Social practices; 3. Socio-legal practices; 4. Specialized legal practices; 5. Legal discourse; Part II. Normativity: 6. Specificities of legal normativity; 7. Layers of law; 8. Orders of law; 9. Morality of law; 10. Constitution; Part III. Plurality: 11. The black-box view; 12. Non-state law; 13. From simple diversity to interlegality and pluralism; 14. Unity under post-national plurality; Epilogue: Incertitude.
£22.99
Cambridge University Press The Cambridge Companion to The Federalist
Book SynopsisThe eighty-five Federalist essays written by Alexander Hamilton, John Jay, and James Madison as ''Publius'' to support the ratification of the Constitution in 178788 are regarded as the preeminent American contribution to Western political theory. Recently, there have been major developments in scholarship on the Revolutionary and Founding era as well as increased public interest in constitutional matters that make this a propitious moment to reflect on the contributions and complexity of The Federalist. This volume of specially commissioned essays covers the broad scope of ''Publius'' work, including historical, political, philosophical, juridical, and moral dimensions. In so doing, they bring the design and arguments of the text into focus for twenty-first century scholars, students, and citizens and show how these diverse treatments of The Federalist are associated with an array of substantive political and constitutional perspectives in our own time.Trade Review'The chapters in the Companion are balanced and carefully reasoned, covering virtually every subject worthy of serious discussion.' Mark R. Killenbeck, The Journal of Interdisciplinary'The Cambridge Companion to the Federalist shows both the strengths and weaknesses of keeping the focus exclusively on the men in the room and those they read. It does an excellent job of introducing to a wider audience a great shift in thinking about the Constitution and the Federalists …' Andrew Shankman, Project MuseTable of ContentsIntroduction; 1. Publius and the antifederalists: a satisfactory answer to all the objections? David J. Siemers; 2. John Jay, The Federalist, and the Constitution Queintin P. Taylor; 3. Hamilton on security, war, and revenue Max M. Edling; 4. Reason against passion: institutional balance, international relations, and the law of nations in The Federalist David M. Golove and Daniel J. Hulsebosch; 5. The Federalist's new federalism Michael Zuckert; 6. The political psychology of Publius: reason, interest, and interest in The Federalist Jon Elster; 7. Montesquieu, Hume, Adam Smith, and the philosophical perspective of The Federalist Paul A. Rahe; 8. Madison's republican remedy: the Tenth Federalist and the creation of an impartial republic Alan Gibson; 9. The republicanism of Publius Colleen A. Sheehan; 10. The interests of the man: James Madison's constitutional politics Larry D. Kramer; 11. Politics indoors and out-of-doors: a fault line in Madison's thinking Jack Rakove; 12. 'The cool and deliberate sense of the community': The Federalist on Congress Greg Weiner; 13. Publius on monarchy Eric Nelson; 14. The Federalist and the judiciary William M. Treanor; 15. Publius' political science John Ferejohn and Roderick Hills; 16. The republican form of government in The Federalist Harvey C. Mansfield.
£29.44
Cambridge University Press NonStatutory Executive Powers and Judicial Review
Book SynopsisThat non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not associated with the Royal Prerogative, which have been argued to comprise a third source of governmental authority. Looking at non-statutory powers directly, rather than incidentally, stirs up the intense but ultimately inconclusive debate about the conceptual basis of judicial review in English law. This provocative book argues that modern judges and scholars have neglected the very concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be. If we start from the concept of office and official action, rather than grand ideas about parliamentary sovereignty and the courts, the central questions answer themselves.Table of Contents1. Introduction; 2. Official action beyond statute; 3. The 'third source' in the courts; 4. A unified category of 'non-statutory executive powers'; 5. The crown as corporation; 6. Public law as the law of public offices; 7. Office in action; 8. Approaching judicial review; 9. Competence, conduct, and validity; 10. Moving beyond the ultra vires debate; 11. The common law theory of ultra vires; 12. The borders of the supervisory jurisdiction; 13. The normative foundations of judicial review.
£90.25
Cambridge University Press Great Australian Dissents
Book SynopsisThis book considers the great judicial dissents in Australian law, explaining why these minority opinions remain significant, while so many are immediately forgotten. It is valuable to anyone studying or working in the law or who is interested in understanding the way that disagreement features in how multimember courts decide cases.Table of Contents1. Introduction: what makes a dissent 'great'? Andrew Lynch; 2. Justice Barton and the demise of the Inter-State Commission in the 'Wheat Case' (1915) Oscar Roos; 3. Unrequited but still great: the dissent of Justices Dixon and Evatt in R v. Federal Court of Bankruptcy; Ex parte Lowenstein (1938) Andrew Lynch; 4. Justice Evatt and the lost child in Chester v. Waverley Corporation (1939) Barbara McDonald; 5. Uther's Case (1947): Justice Dixon and the troubled legacy of the Commonwealth Immunity Doctrine Stephen McDonald and Anne Carter; 6. 'Lone, vehement and incredulous': Chief Justice Latham in the Communist Party case (1951) George Williams; 7. Public Prosecutor v. Oie Hee Koi (1968): not so humbly advising? Sir Garfield Barwick and the introduction of dissenting reasons to the Judicial Committee of the Privy Council Oliver Jones; 8. The trouble with duress: the dissent of Chief Justice Bray in R v. Brown and Morley (1968) Joe McIntyre; 9. The 'intelligence of a future day': the vindication of Justice Stephen's dissent in Henry v. Boehm (1973) Michael Coper; 10. Justice Mason in the Australian Assistance Plan case (1975): nationhood, Federalism and Commonwealth executive power Peta Stephenson; 11. Justice Murphy's dissent in Australian Conservation v. Commonwealth (1980): the birth of public interest standing in Australia? Matthew Groves; 12. The essence of a fiduciary relationship: Justice Mason's dissent in Hospital Products Ltd v. United States Surgical Corporation (1984) Simone Degeling and Greg Weeks; 13. The Chamberlain dissents (1984) Jeremy Gans; 14. Treachery or heroism? The judgment of Justices Deane and Toohey in Leeth v. Commonwealth (1992) Amelia Simpson; 15. Justice Dawson's steadfast defence of the 'very essence of political discussion' in Langer v. Commonwealth (1996) Adrienne Stone and Kristen Walker, QC; 16. Certainty, co-existence and the legacy of Mabo: Justice North in the Miriuwung Gajerrong native title case (2000) Sean Brennan; 17. When liberty divides: judicial cleavages and their consequences in Al-Kateb v. Godwin (2004) A. J. Brown; 18. He who would not be muzzled: Justice Heydon's last dissent in Monis v. The Queen (2013) Gabrielle Appleby and Heather Roberts.
£36.87
Pearson Education Constitutional Law Governmental Powers and Individual Freedoms
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£141.82
OUP India American Constitutionalism
Book Synopsis
£107.99
The University of Chicago Press Desperately Seeking Certainty The Misguided
Book SynopsisFaber and Sherry critique the legal vogue for grand unified theories of constitutional interpretation, this is developed through the discussion of six well-known legal theorists. They show how the methods already used by the Court provide a better means of reaching decisions.
£999.99
The University of Chicago Press Interpreting State Constitutions A Jurisprudence
Book SynopsisThe resulting account provides valuable prescriptive advice to state courts, showing them how to fulfill their responsibilities to the federal system in a way that strengthens American constitutional discourse.Trade Review"Interpreting State Constitutions is an important and original effort to provide an overall theory of how state constitutions should be interpreted. The idea of placing state constitutional interpretation within an understanding of federalism is extremely significant, and James Gardner executes the project with great skill." - Robert A. Schapiro, Emory University School of Law"
£999.99
The University of Chicago Press Negotiating in Civil Conflict
Book SynopsisIn 2005, Iraq drafted its first constitution and held the country's first democratic election in more than fifty years. The author argues that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country's three main sects despite their deep disagreements.Trade Review"A rich account of constitutional politics in Iraq informed by the author's firsthand knowledge of the major events. In contrast with the view that emphasizes the United States as the dominant actor in shaping and implementing the Iraqi Constitution, Haider Ala Hamoudi gives emphasis to local agency, arguing persuasively that the Constitution was adapted to meet local needs." (Tom Ginsburg, University of Chicago)"
£999.99
University of Chicago Press The Founders Constitution
Book SynopsisThis CD-ROM includes documents from the leading works of political and legal philosophy, history and constitutional argument that informed the thought and debates of the framers of the American Constitution.
£999.99
The University of Chicago Press The Reconstruction Amendments
Book SynopsisTrade Review"The ending of the Civil War posed as many new questions as it had answered, and nothing reflect the uncertainty and improvisation which resulted so awkwardly than the history of the passage of the 14th and 15th Amendments. In this second volume of documents on the Reconstruction Amendments, Kurt Lash again does us the invaluable service of collecting a vast range of highly illuminating materials -- congressional debates and inquiries, convention calls, newspaper accounts, judicial and editorial opinions -- which will invite us to a fuller understanding of a critical constitutional moment in our republic's history. This will be bought and borrowed for reference, but it will be read for sheer, unstoppable fascination." -- Allen Carl Guelzo, Princeton University, and author of Reconstruction: A Concise History"Lash is the nation’s leading authority on documents pertaining to civil rights in the Reconstruction era, and these volumes will be an indispensable source for scholars, abetted by Lash’s incisive commentary." -- George White, author of Law in American History: Volume One, From the Colonial Years Through the Civil War"This remarkable work of scholarship is a gift to those who seek to understand the United States. The debates over the Thirteenth, Fourteenth, and Fifteenth Amendments confronted fundamental and enduring issues of justice and equality. Kurt Lash’s masterful survey of the vast public discussion of the Amendments makes clear just how much was at stake. Exploring the words of anonymous citizens as well as legendary lawmakers, Lash’s collection reveals this pivotal moment in American history as we have never seen it before." -- Edward L. Ayers, recipient of the Lincoln Prize"I just finished teaching a course on the Reconstruction Amendments and Acts at Stanford Law School, using a judicious sub-set of Lash's marvelous set of original source materials. This opens up possibilities for teaching as well as research which never existed before. The students commented especially on how helpful Lash's introductory essays to each part of the materials were. This publication is a magnificent academic achievement and a public service.” -- Michael W. McConnell, Stanford Law School"[A] masterful two volume set. . . . Lash has produced a single, critical resource for understanding a profound moment in American constitution making—a resource that is long, long overdue. . . . Lash has produced a book that every constitutional scholar and historian needs to own." * Balkinization *Table of ContentsIntroduction to Volume 2Part 1. The Fourteenth Amendment A. Drafting Introduction to Part 1A The Thirty-Ninth Congress: Membership 1. US Senate, Opening Day of Thirty-Ninth Congress (Dec. 4, 1865) 2. US House, Opening Day of Thirty-Ninth Congress, Exclusion of Former Rebel States, Appointing Joint Committee on Reconstruction (Dec. 4, 1865) 3. US House, Thaddeus Stevens, Proposed Amendments (Dec. 5, 1865) 4. US House, John Bingham, Proposed Amendment (Dec. 6, 1865) 5. US Senate, Appointing Joint Committee on Reconstruction (Dec. 12, 1865) 6. Joint Committee on Reconstruction, Membership (1865–1867) 7. US Senate, Freedmen’s Bureau Bill, Black Codes (Dec. 13, 1865) 8. Secretary of State William Seward, Proclamation of Ratification of the Thirteenth Amendment (Dec. 18, 1865) 9. US Senate, Lyman Trumbull, Freedmen’s Bureau Bill (Dec. 19, 1865) 10. US House, Passage of Proposed Amendment on the Rebel Debt (Dec. 19, 1865) 11. Elizabeth Cady Stanton, “This Is the Negro’s Hour,” National Anti-Slavery Standard (Dec. 30, 1865) 12. US House, James G. Blaine, Proposed Suffrage-Based Apportionment Amendment (Jan. 8, 1866) 13. Joint Committee, Proposed Apportionment Amendment, Exclusion of “Insurgent States” (Jan. 9, 1866) 14. US House, John Bingham, Proposed Amendment to Grant Congress Power to Secure “Equal Personal Rights” (Jan. 9, 1866) 15. US Senate, Lyman Trumbull, Judiciary Committee Reports S. Nos. 60 & 61 (Freedmen’s Bureau and Civil Rights Bills) (Jan. 11, 1866) 16. US Senate, Lyman Trumbull, Reporting Amendments to Civil Rights Bill (Jan. 12, 1866) 17. Joint Committee, Proposed Amendments, Apportionment, Power to Secure to All Persons “Equal Protection in Their Rights of Life, Liberty and Property” (Jan. 12, 1866) 18. US Senate, Debate, Freedmen’s Bureau Bill (Jan. 19, 1866) 19. Joint Committee, Proposed Amendments, Vote on Apportionment Amendment (Jan. 20, 1866) 20. US House, Debate, Apportionment Amendment (Jan. 22, 1866) 21. US House, Debate, Apportionment Amendment, Women’s Suffrage Petition (Jan. 23, 1866) 22. US House, Debate, Apportionment Amendment (Jan. 24, 1866) 23. US House, Debate, Apportionment Amendment, Speech of John Bingham (Jan. 25, 1866) 24. US House, Debate, Apportionment Amendment, Speech of William Wright (D-NJ) (Jan. 26, 1866) 25. Joint Committee, John Bingham, Proposed Amendment Granting Congress Power to Enforce the Rights of Citizens and All Persons (Jan. 27, 1866) 26. US Senate, Debate, Civil Rights Bill, Proposed Addition of Citizenship Clause (Jan. 29, 1866) 27. US Senate, Debate, Civil Rights Bill, Amended Citizenship Clause (Jan. 30, 1866) 28. US House, Proposed Apportionment Amendment Referred Back to Joint Committee (Jan. 30, 1866) 29. US House, Apportionment Amendment, Speech of Thaddeus Stevens, Vote and Passage (Jan. 31, 1866) 30. US House, Freedmen’s Bureau Bill, Adding “the Constitutional Right to Bear Arms” (Feb. 1, 1866) 31. US Senate, Civil Rights Bill, Debate, Vote, and Passage (Feb. 2, 1866) 32. US House, Freedmen’s Bureau Bill, Debate and Passage (Feb. 2, 1866) 33. Joint Committee, John Bingham, Proposed Amendment Granting Power to Secure the Rights “of Citizens in the Several States” and “to All Persons in the Several States Equal Protection in the Rights of Life, Liberty and Property” (Feb. 3, 1866) 34. US Senate, Apportionment Amendment, Speech of Charles Sumner (Feb. 6, 1866) 35. US Senate, Apportionment Amendment, Remarks of William Pitt Fessenden (Feb. 7, 1866) 36. Joint Committee, Adoption of John Bingham’s Version of Proposed Amendment (Feb. 10, 1866) 37. US Senate, William Pitt Fessenden Reports Proposed Amendment (Feb. 13, 1866) 38. US Senate, Freedmen’s Bureau Bill, President Andrew Johnson’s Veto Message (Feb. 19, 1866) 39. US Senate, Freedmen’s Bureau Bill, Speech of Lyman Trumbull, Vote to Override Fails (Feb. 20, 1866) 40. US House, John Bingham Reports Proposed Amendment Empowering Congress to Secure the “Privileges and Immunities” of Citizens and the Due Process Rights of All Persons, Response by Andrew Rogers (Feb. 26, 1866) 41. US House, Debate, Proposed Amendment Empowering Congress to Secure the “Privileges and Immunities” of Citizens and the Due Process Rights of All Persons (Feb. 27, 1866) 42. US House, Debate Continued, “Privileges and Immunities” Amendment, Speeches of John Bingham and Giles Hotchkiss, Vote to Postpone Consideration (Feb. 28, 1866) 43. US House, Debate, Civil Rights Bill, Speeches of James Wilson and M. Russell Thayer (Mar. 1–2, 1866) 44. US Senate, Debate, Apportionment Amendment, Opposition of Charles Sumner (Mar. 7, 1866) 45. US House, Debate, Civil Rights Bill (Mar. 8, 1866) 46. US House, Debate, Civil Rights Bill, Speech of Columbus Delano (R-OH) (Mar. 8, 1866) 47. US Senate, Debate, Apportionment Amendment, Fails Two-Thirds Vote (Mar. 9, 1866) 48. US House, Debate, Civil Rights Bill, Speech of John Bingham in Opposition (Mar. 9, 1866) 49. US House, Debate, Civil Rights Bill, Vote and Passage (Mar. 13, 1866) 50. US Senate, Motion to Retroactively Exclude John Stockton (Mar. 22, 1866) 51. US Senate, President Andrew Johnson’s Message Accompanying Veto of the Civil Rights Bill (Mar. 27, 1866) 52. US Senate, Exclusion of John Stockton (Mar. 27, 1866) 53. US Senate, Civil Rights Bill, Veto Override (Apr. 6, 1866) 54. US House, Civil Rights Bill, Speech of William Lawrence, Veto Override (Apr. 7, 1866) 55. S. S. Nicholas, “The Civil Rights Bill” (Apr. 12, 1866) 56. “News of Proposed Amendments in the Joint Committee on Reconstruction,” Chicago Tribune (Apr. 16, 1866) 57. Joint Committee, Thaddeus Stevens Introduces Five-Section Constitutional Amendment (Apr. 21, 1866) 58. Joint Committee, Proposed Constitutional Amendment (Apr. 25, 1866) 59. Joint Committee, Proposed Constitutional Amendment, Adoption of John Bingham’s Draft of Section One (Apr. 28, 1866) 60. US House, Thaddeus Stevens Introduces Proposed Five-Section Fourteenth Amendment (Apr. 30, 1866) 61. “The Progress of Reconstruction—What the ‘Secret Directory’ Proposes,” New York Times (Apr. 30, 1866) 62. US House, Proposed Fourteenth Amendment, Speech of Thaddeus Stevens Introducing the Amendment, Debate (May 8, 1866) 63. US House, Proposed Fourteenth Amendment, Debate and Passage (May 10, 1866) 64. US Senate, Proposed Fourteenth Amendment, Speech of Jacob Howard Introducing the Amendment (May 23, 1866) 65. “The Reconstruction Debate in the Senate, Mr. Howard Speaks on Behalf of the Committee,” New York Times (May 24, 1866) 66. US Senate, Proposed Fourteenth Amendment, Debate, Citizenship Clause Added, Section Three Removed and Replaced, Alterations to Section Four (May 29, 1866) 67. US Senate, Proposed Fourteenth Amendment, Debate (May 30, 1866) 68. US Senate, Proposed Fourteenth Amendment, Debate Continued (May 31, 1866) 69. US Senate, Proposed Fourteenth Amendment, Debate Continued (June 4, 1866) 70. US Senate, Proposed Fourteenth Amendment, Debate Continued, Speech of Luke Poland, Remarks of William M. Stewart (June 5, 1866) 71. US Senate, Proposed Fourteenth Amendment, Speech of Garrett Davis (June 7, 1866) 72. US Senate, Proposed Fourteenth Amendment, Debate, Passage of Amended Version (June 8, 1866) 73. Majority and Minority Reports of the Joint Committee (June 8, 1866) 74. US House, Proposed Fourteenth Amendment, Speech of Thaddeus Stevens, Vote and Passage of Amended Senate Version (June 13, 1866) 75. US House, Proposed Fourteenth Amendment, Discussion Regarding Presentment to the President for Signature (June 15, 1866) 76. US Senate, Proposed Fourteenth Amendment, President Andrew Johnson’s Message of Transmission (June 22, 1866)B. Ratification Introduction to Part 1B 1. Connecticut, Debate and Ratification of the Fourteenth Amendment (June 25 and 27, 1866) 2. New Hampshire, House Committee Report (Majority and Minority), Ratification of the Fourteenth Amendment (June 26 and July 6, 1866) 3. New Hampshire, House of Representatives, Speech of E. A. Hibbard (June 26, 1866) 4. A Call for a Convention of Southern Loyalists (July 4, 1866) 5. Circular Accompanying the Call for a Convention of Southern Loyalists (July 10, 1866) 6. Congressional Campaign Speeches of Montgomery Blair and George H. Pendleton, Reading, PA (July 18, 1866) 7. Tennessee, Gov. William Brownlow’s Proclamation and Address, Ratification (July 4–19, 1866) 8. US House, Readmission of Tennessee, Speech of John Bingham (July 20 and 23, 1866) 9. Speech of Indiana Gov. Oliver P. Morton on the Fourteenth Amendment, New Albany, IN (July 27, 1866) 10. “The New Orleans Riot,” Albany Evening Journal (Aug. 1, 1866) 11. “The Rebel Massacre in New Orleans” and “The Right of Free Assemblage,” Evening Telegraph (Aug. 1, 1866) 12. Speech of Sen. Lyman Trumbull (R-IL), Chicago, IL (Aug. 2, 1866) 13. Speech of Rep. Schuyler Colfax (R-IN), Indianapolis, IN (Aug. 7, 1866) 14. Speech of Sen. Thomas A. Hendricks (D-IN), Indianapolis, IN (Aug. 8, 1866) 15. Speech of Sen. Henry Lane (R-IN), Indianapolis, IN (Aug. 18, 1866) 16. Speech of Gen. George Morgan, Coshocton, OH (Aug. 21, 1866) 17. Speech of Rep. John Bingham (R-OH), Bowerston, OH (Aug. 24, 1866) 18. Speech of Rep. Columbus Delano (R-OH), Coshocton, OH (Aug. 28, 1866) 19. Speech of President Andrew Johnson, New York, NY (Aug. 29, 1866) 20. “The Appeal,” Southern Loyalists Convention, Philadelphia, PA (Sept. 6, 1866) 21. Frederick Douglass, Speech at Southern Loyalist Convention, Philadelphia, PA (Sept. 6, 1866) 22. President Andrew Johnson, Remarks on the New Orleans Riot, St. Louis, MO (Sept. 8, 1866) 23. New Jersey, Legislative Debates and Ratification (Sept. 11, 1866) 24. Speech of Sen. Henry Wilson (R-MA), Anderson, IN (Sept. 22, 1866) 25. Speech of Sen. John Sherman (R-OH), Cincinnati, OH (Sept. 28, 1866) 26. Speech of Gen. Benjamin Butler, Candidate for House of Representatives from Massachusetts, Toledo, OH (Oct. 2, 1866) 27. “A Little More about Suffrage,” New Orleans Times (Oct. 15, 1866) 28. Speech of Wendell Phillips on the Fourteenth Amendment, Cooper Institute (Oct. 25, 1866) 29. Oregon, Legislative Debate and Ratification, Oregonian (Sept. 14 and 19, 1866) 30. “A Clear Issue,” Harper’s Weekly (Oct. 6, 1866) 31. Texas, House Report and Rejection of Proposed Fourteenth Amendment (Oct. 13, 1866) 32. Texas, Senate Report and Rejection of Proposed Fourteenth Amendment (Oct. 22, 1866) 33. Vermont, Gov. Paul Dillingham’s Message, Ratification (Oct. 12, 1866) 34. Letter from Secretary of the Interior, O. H. Browning, to W. H. Benneson and H. V. Sullivan (Oct. 13, 1866) 35. “Secretary Browning’s Letter,” Evening Post (Oct. 24, 1866) 36. US Congressional Election Returns, Evening Post (Nov. 7, 1866) 37. Frederick Douglass, “Reconstruction,” Atlantic Monthly (Nov. 1866) 38. Georgia, Legislature Rejects the Fourteenth Amendment, Richmond Whig (Nov. 13, 1866) 39. “Madison,” Essays on the Fourteenth Amendment, Nos. I, II, and V, New York Times (Nov. 10, 15, and 28, 1866) 40. Florida, Gov. David S. Walker’s Message to the Legislature (Nov. 14, 1866) 41. The Equal Rights Convention, Remarks of Susan B. Anthony, Elizabeth Cady Stanton, and Frederick Douglass, Albany, NY (Nov. 20, 1866) 42. Florida, Legislative Committee Reports and Rejection of the Fourteenth Amendment (Nov. 23, Dec. 1 and 3, 1866) 43. Virginia, Gov. Francis H. Pierpont’s Message to the Legislature, Alexandria Gazette (Dec. 4, 1866) 44. Alabama, Gov. Robert M. Patton’s Message to the Legislature, Rejection of the Fourteenth Amendment (Dec. 6 and 7, 1866) 45. North Carolina, Gov. Jonathan Worth’s Message to the Legislature, Joint Committee Report, Rejection of the Fourteenth Amendment (Nov. 20 and Dec. 6, 1866) 46. Arkansas, Senate Committee Report, Rejection of the Fourteenth Amendment (Dec. 10, 1866) 47. South Carolina, Gov. James Orr’s Message to the Legislature, Rejection of the Fourteenth Amendment (Nov. 27, 1866) 48. Ex parte Milligan (1866) 49. Reported Meeting between President Andrew Johnson and South Carolina Commissioner Colonel T. Weatherby, New York Herald (Dec. 28, 1866) 50. Frederick Douglass, “An Appeal to Congress for Impartial Suffrage,” Atlantic Monthly (Jan. 1867) 51. US House, Proposed Bill for the Restoration of the Southern States, Speech of Thaddeus Stevens (Jan. 3, 1867) 52. Kentucky, Gov. Thomas Bramlette’s Message to the Legislature, Rejection of the Fourteenth Amendment (Jan. 4, 1867) 53. Washington, DC, Passage of the District Suffrage Bill, Right Way (Jan. 19, 1867) 54. Virginia, Debate in the General Assembly, Rejection of the Fourteenth Amendment (Jan. 8–9, 1867) 55. New York, Gov. Reuben Fenton’s Message to the Legislature, Ratification of the Fourteenth Amendment (Jan. 1, 2, and 10, 1867) 56. Ohio, Gov. Jacob Cox’s Message to the Legislature, Ratification of the Fourteenth Amendment (Jan. 2 and 4, 1867) 57. Speech of Rep. George Boutwell (R-MA) on Suffrage and the Fourteenth Amendment, National Anti-Slavery Standard (Jan. 12, 1867) 58. West Virginia, Gov. Arthur Boreman’s Message to the Legislature, Ratification of the Fourteenth Amendment (Jan. 16, 1867) 59. Kansas, Gov. Samuel J. Crawford’s Message to the Legislature, Ratification of the Fourteenth Amendment (Jan. 9–11, 1867) 60. US House, Speech of John Bingham in Opposition to Bill for the Restoration of the Southern States, Exchange with Thaddeus Stevens (Jan. 16, 1867) 61. Indiana, Gov. Oliver P. Morton’s Message to the Legislature, Majority and Minority Committee Reports, Ratification of the Fourteenth Amendment (Jan. 11, 18, and 23, 1867) 62. US House, Cruel and Unusual Punishments Bill, Debate (Jan. 28, 1867) 63. US House, Bill for the Restoration of the Southern States, Vote to Recommit to Committee on Reconstruction (Jan. 28, 1867) 64. Mississippi, Legislative Committee Report, Rejection of the Fourteenth Amendment (Jan. 30, 1867) 65. Louisiana, Gov. J. Madison Wells’s Message to the Legislature, Rejection of the Fourteenth Amendment (Jan. 28, 1867) 66. Proposed “Compromise” Amendment, New York Times (Feb. 5, 1867) 67. Delaware, Gov. Gove Saulsbury’s Message to the Legislature, Rejection of the Fourteenth Amendment (Jan. 1 and Feb. 14, 1867) 68. Pennsylvania, Legislative Debates on the Proposed Fourteenth Amendment (Jan. 14–Feb. 6, 1867) 69. Pennsylvania, Vote, Ratification of the Fourteenth Amendment (Feb. 6, 1867) 70. Rhode Island, Gov. Ambrose Burnside’s Message to the Legislature, Ratification of the Fourteenth Amendment (Feb. 2–7, 1866) 71. Wisconsin, Gov. Lucius Fairchild’s Message to the Legislature, Minority Committee Report, Ratification of the Fourteenth Amendment (Jan. 10 and 22, 1867) 72. “The Amendment—The Situation,” Crisis (Feb. 13, 1867) 73. Massachusetts, Legislative Committee on Federal Relations, Majority and Minority Reports on the Proposed Fourteenth Amendment (Feb. 28, 1867) 74. US Congress, First Reconstruction Act (Mar. 2, 1867) 75. US Congress, Tenure in Office Act (Mar. 2, 1867) 76. “On the Massachusetts Committee’s Majority Report,” Boston Daily Advertiser (Mar. 4, 1867) 77. US Congress, Second Reconstruction Act (Mar. 23, 1867) 78. Maryland, Legislature’s Joint Committee Report, Rejection of the Fourteenth Amendment (Mar. 19 and 23, 1867) 79. Nebraska, Gov. David Butler’s Message to the Legislature, Ratification of the Fourteenth Amendment (May 17, June 8 and 15, 1867) 80. Suspension of Secretary of War Edwin Stanton, Official Correspondence, Cincinnati Daily Gazette (Aug. 13, 1867) 81. Reverdy Johnson, “A Further Consideration of the Dangerous Conditions of the Country” (Nov. 15, 1867) 82. Ohio, Legislature Rescinds Prior Ratification, Plain Dealer (Jan. 12, 1868) 83. Gen. Ulysses Grant Restores Edwin Stanton to the Office of Secretary of War, New York Tribune (Jan. 15, 1868) 84. President Andrew Johnson Removes Secretary of War Edwin Stanton, Precipitates Impeachment Proceedings, Chicago Republican (Feb. 22, 1868) 85. Iowa, Gov. William M. Stone’s Message to the Legislature, Ratification of the Fourteenth Amendment (Jan. 14 and 27, Mar. 9, 1868) 86. New Jersey, Legislature Rescinds Prior Ratification (Feb. 19, 20, and 25; Mar. 5 and 27, 1868) 87. US House, Receipt and Return of New Jersey Withdrawal of Ratification (Mar. 30, 1868) 88. “Mr. Field’s Argument in the McCardle Case,” Report of Congressional Repeal of Supreme Court’s Jurisdiction, New York Herald (Mar. 14, 1868) 89. Arkansas, Gov. Isaac Murphy’s Message to the Legislature, Ratification of the Fourteenth Amendment (Reversing Earlier Rejection) (Apr. 3, 1868) 90. “Impeachment . . . The President Pronounced Not Guilty,” New York Herald (May 17, 1868) 91. 1868 Republican National Convention and Party Platform, Chicago (May 21, 1868) 92. Florida, Gov. Harrison Reed’s Message to the Legislature, Ratification of the Thirteenth and Fourteenth Amendments (Reversing Earlier Rejection) (June 9, 1868) 93. US Congress, An Act to Admit the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida, to Representation in Congress (June 25, 1868) 94. North Carolina, Gov. W. W. Holden’s Message to the Legislature, Ratification of the Fourteenth Amendment (Reversing Earlier Rejection) (July 2, 1868) 95. South Carolina, Ratification of the Fourteenth Amendment (Reversing Earlier Rejection) (July 7 and 9, 1868) 96. Alabama, Ratification of the Fourteenth Amendment (Reversing Earlier Rejection), New Orleans Times (July 14, 1868) 97. “Civil Law Restored in Louisiana; Ratification of the 14th Article of Amendment,” Boston Daily Journal (July 15, 1868) 98. Secretary of State William Seward, Provisional Proclamation of Ratification of the Fourteenth Amendment (July 20, 1868) 99. US Congress, Senate and House Resolutions Declaring the Ratification of the Fourteenth Amendment (July 21, 1868) 100. “Georgia Restored to Civil Authority,” New York Times (July 24, 1868) 101. Secretary of State William Seward, Final Proclamation of the Ratification of the Fourteenth Amendment (July 28, 1868) 102. George W. Paschal, “The Fourteenth Article,” New York Tribune (Aug. 6, 1868) 103. John Bingham, “The Great Importance of the Fourteenth Amendment,” New York Herald (Dec. 3, 1868)Part 2. The Fifteenth Amendment A. Drafting Introduction to Part 2A The Fortieth Congress: Membership 1. US Senate, Exclusion of Georgia Senator Joshua Hill, Proposed Suffrage Amendment (Dec. 7, 1868) 2. US House, George Boutwell (R-MA), Proposed Suffrage Bill and Suffrage Amendment (Jan. 11, 1869) 3. US Senate, John B. Henderson (R-MO), Proposed Suffrage and Office Holding Amendment (Jan. 23, 1869) 4. US House, George Boutwell, Proposed Suffrage Bill and Suffrage Amendment (Jan. 23, 1869) 5. US House, Suffrage Amendment, Speech of Charles A. Eldridge (D-WI), Debate (Jan. 27, 1869) 6. US Senate, Suffrage and Office Holding Amendment (Jan. 28, 1869) 7. US House, Suffrage Amendment, Debate on Suffrage Bill (Jan. 28, 1869) 8. US House, Suffrage Amendment, Speech of John Bingham, Debate (Jan. 29, 1869) 9. US House, Suffrage Amendment, Alternative Versions Rejected, Passage of Amendment (Jan. 30, 1869) 10. US Senate, Suffrage and Office Holding Amendment, Debate (Feb. 4, 1869) 11. US Senate, Suffrage and Office Holding Amendment, Speech of Charles Sumner (Feb. 5, 1869) 12. US Senate, Suffrage and Office Holding Amendment, Debate (Feb. 8, 1869) 13. US Senate, Suffrage and Office Holding Amendment, Appointment of Electors, Passage of “Dual” Amendment (Feb. 9, 1869) 14. Elizabeth Cady Stanton, “Women and Black Men,” Revolution (Feb. 11, 1869) 15. US House, Suffrage Amendment, Nonconcurrence with Senate Proposal (Feb. 15, 1869) 16. US Senate, “Dual” Amendment on Suffrage, Office Holding, and Electors; Vote to Recede and Adopt Suffrage Amendment Proposed by House (Feb. 17, 1869) 17. Wendell Phillips, “The Senate and the Proposed Amendment,” National Anti-Slavery Standard (Feb. 20, 1869) 18. US House, Suffrage Amendment, Addition of Language Protecting the Right to Hold Office (Feb. 20, 1869) 19. US Senate, Suffrage Amendment, Call for Conference with House (Feb. 23, 1869) 20. US House, Suffrage Amendment, Removal of Language Protecting Office Holding, Passes without Debate (Feb. 25, 1869) 21. US Senate, Suffrage Amendment, Debate and Passage (Feb. 26, 1869)B. Ratification Introduction to Part 2B 1. Missouri, State Legislature Ratifies Partially Reported Fifteenth Amendment (Mar. 1, 1869) 2. “Changing the Constitution by Telegraph,” Daily State Register (Mar. 13, 1869) 3. “Ratifying the Amendment,” Daily Evening Bulletin (Mar. 4, 1869) 4. President Ulysses S. Grant, First Inaugural Address (Mar. 4, 1869) 5. Indiana, Democrats Resign to Prevent Vote (Mar. 3–6, 1869) 6. Michigan, Ratification of Fifteenth Amendment, Minority Dissent and Protest (Mar. 5, 1869) 7. “The Amendment of the Constitution Regarding Suffrage,” New York Times (Mar. 8, 1869) 8. Kentucky, Gov. John Stevenson’s Message to the Legislature, Majority and Minority Report, Rejection of the Fifteenth Amendment (Mar. 10–12, 1869) 9. South Carolina, Statement of House Minority, Ratification of the Fifteenth Amendment (Mar. 11 and 15, 1869) 10. Georgia, Gov. Rufus Bullock’s Message to the Legislature, House Passage and Senate Rejection of the Fifteenth Amendment (Mar. 10–18, 1869) 11. New Jersey, Gov. Theodore Randolph’s Message to the Legislature, Note on Rejection of Amendment (Mar. 24, 1869) 12. Ohio, House Debate, Rejection of the Fifteenth Amendment (Mar. 25 and Apr. 1, 1869) 13. US Congress, The Requirement Bill: Requiring Virginia, Mississippi, and Texas to Ratify the Fifteenth Amendment as a Condition of Readmission, New York Herald (Apr. 10, 1869) 14. Ex parte McCardle (1869) 15. Texas v. White (1869) 16. “The Fifteenth Amendment,” New York Times (Apr. 12, 1869) 17. New York, Ratification of the Fifteenth Amendment (Apr. 14, 1869) 18. Annual Meeting of the American Equal Rights Association, Remarks of Stephen Foster, Elizabeth Cady Stanton, and Frederick Douglass, New York, NY (May 12–13, 1869) 19. Indiana, Remaining Republican Legislature Ratifies Amendment (May 14, 1869) 20. “The Amendment in Indiana,” Boston Daily Journal (May 20, 1869) 21. “Wendell Phillips Advocates It—Ratification by Rhode Island,” New York Times (May 30, 1869) 22. Virginia, Gov. Gilbert Walker’s Message to the Legislature, Ratification of the Fourteenth and Fifteenth Amendments (Oct. 5 and 8, 1869) 23. “All Wise Women Should Oppose the Fifteenth Amendment,” Elizabeth Cady Stanton, Revolution (Oct. 21, 1869) 24. Tennessee, Gov. Dewitt Senter’s Message to the Legislature, Committee Reports, Rejection of the Fifteenth Amendment (Oct. 13, Nov. 15 and 16, 1869) 25. US Congress, The “Georgia Bill,” Debate and Passage (Dec. 16, 20, and 22, 1869) 26. New York, “Ratification of the Fifteenth Amendment Rescinded,” New York Times (Jan. 6, 1870) 27. Kansas, Gov. James M. Harvey’s Message to the Legislature, Repassage of the Fifteenth Amendment (Jan. 12, 1870) 28. Ohio, Legislature Reverses Prior Vote and Ratifies the Fifteenth Amendment (Jan. 3 and 14, 1870) 29. Iowa, Gov. Samuel Merrill’s Message to the Legislature, Ratification of the Fifteenth Amendment (Jan. 11 and 27, 1870) 30. California, Gov. H. H. Haight’s Message to the Legislature, Rejection of the Fifteenth Amendment (Jan. 5 and 28, 1870) 31. Georgia, Gov. Rufus Bullock’s Message to the Legislature; Ratification of the Fourteenth and Fifteenth Amendments (Feb. 2, 1870) 32. “The Amendment Complete,” Boston Daily Journal (Feb. 4, 1870) 33. New Jersey, Legislative Debate, Rejection of the Fifteenth Amendment (Feb. 7, 1870) 34. President Ulysses S. Grant, Message to Congress Announcing the Ratification of the Fifteenth Amendment (Mar. 30, 1870) 35. Frederick Douglass, Letter to a Ratification Celebration (Apr. 5, 1870)Appendix Introduction to the Appendix 1. The Enforcement Bill and Repassage of the 1866 Civil Rights Act (May 31, 1870) 2. US House, Judiciary Committee, Petition of Victoria Woodhull on the Subject of Female Suffrage (Jan. 2, 1871) 3. US House, Judiciary Committee, “The Woodhull Report” (Jan. 30 and Feb. 1, 1871) 4. US House, Speech of John Bingham on the Meaning of the Privileges or Immunities Clause of Section One of the Fourteenth Amendment (Mar. 31, 1871) 5. The Slaughterhouse Cases (1873) 6. Bradwell v. The State (1873) 7. Minor v. Happersett (1875) 8. United States v. Reese (1876) 9. United States v. Cruikshank (1876) Bibliography Index
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£33.68
Hill & Wang Inc.,U.S. Slaverys Constitution From Revolution to
Book SynopsisTaking on decades of received wisdom, David Waldstreicher has written the first book to recognize slavery''s place at the heart of the U.S. Constitution. Famously, the Constitution never mentions slavery. And yet, of its eighty-four clauses, six were directly concerned with slaves and the interests of their owners. Five other clauses had implications for slavery that were considered and debated by the delegates to the 1787 Constitutional Convention and the citizens of the states during ratification. This peculiar institution was not a moral blind spot for America''s otherwise enlightened framers, nor was it the expression of a mere economic interest. Slavery was as important to the making of the Constitution as the Constitution was to the survival of slavery.By tracing slavery from before the revolution, through the Constitution''s framing, and into the public debate that followed, Waldstreicher rigorously shows that slavery was not only actively discussed behind the closed
£15.30
Northwestern University Press Employment Disability and the Americans with
Book SynopsisAn assessment of what has occurred since the American with Disabilties Act's enactment in 1990. The book reveals the unsoundness of charges from the right that the ADA will bankrupt industry, and assumptions on the left that it will prove ineffective in helping people enter/remain in the workforce.
£999.99
Ohio State University Press Obscenity and the Limits of Liberalism
Book Synopsis
£999.99
The University of Alabama Press Trumping Religion The New Christian Right the
Book SynopsisAn analysis of the five major public-interest law firms that have litigated religion cases in the federal courts between 1980 and 2000. Allied with highly vocal, evangelical ministries, such as those of Jerry Falwell and Pat Robinson, these legal organizations argue that religious expression is a form of protected speech.Trade Review"Brown makes a substantial contribution in his analysis of the New Christian Right's legal activities, a subject about which much is heard but little known. His research explores how the religious Right learned from black, labor, civil libertarian, and feminist organizations how to achieve legal victories after their electoral and legislative moves failed.... Highly recommended." - Choice; "Trumping Religion, which raises important questions about the interplay religion and legal advocacy, is a springboard to further study into the ways religious beliefs and values shape and are shaped by the politics of law." - Review of Politics"
£999.99
Te Herenga Waka University Press Honouring the Contract
Book SynopsisProviding a vital background to some of the pressing issues in contemporary New Zealand politics, this novel perspective on the distinctive foundations of the countryâs welfare state raises issues concerning modern-day concepts of citizenship as this welfare state comes under challenge. Government policy has been linked to this evolving social contract between wage earners and the state; With the contractâs genesis in the migration of wage earners from Britain in the 1840s, New Zealand became an experimental laboratory, first promoting settlement of the land, then safeguarding the economic position of the male breadwinner, andâwith the emergence of the welfare state in the early 20th centuryâprotecting the standard of living of families. As it explains the social policies and how they changed over time, this book reveals how honoring this contract was the driving force behind its evolution.
£19.95
Wisconsin Historical Society Press The Documentary History of the Ratification of
Book Synopsis
£999.99
Vargas Publishing Decolonizing the Foundations in American Indian
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£12.53
McGraw-Hill Companies Loose Leaf for the Legal and Regulatory
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£170.80
McGraw-Hill Companies Loose Leaf for Business Law and Strategy
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£182.52
HarperCollins Publishers Inc How Rights Went Wrong Why Our Obsession with
Book SynopsisAn eminent constitutional scholar reveals how the explosion of rights is dividing America, and shows how we can build a better system of justice.Trade Review“Essential and fresh and vital . . . It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.”—from the foreword by Jill Lepore, New York Times best-selling author of These Truths: A History of the United States “When Americans talk about rights, we think in absolutist terms: my right prohibits or preempts your action. But as Jamal Greene observes in this deftly argued book, that notion betrays how our rights were originally conceived. Paying special attention to the issues that most vex us, Greene offers an attractive alternative to one of the most troubling aspects of our constitutional jurisprudence.”—Jack Rakove, Pulitzer Prize–winning author of Original Meanings: Politics and Ideas in the Making of the Constitution “Fastidiously researched and immensely readable, How Rights Went Wrong offers important strategies for advancing human rights in an era when the Supreme Court cannot be counted on to do so. Jamal Greene has written a superb, important book—and a well-timed one, in its plea that we not vest so much power in courts, and that we secure fundamental rights through the political process rather than through constitutional litigation.”—Nadine Strossen, past president, American Civil Liberties Union “A provocative argument for more humility and listening, and less arrogance and dogmatism. Greene urges that we litigate too much and discuss too little—and that ‘rightsism’ is the problem. Perfectly timed and passionately presented, his argument deserves widespread attention.”—Cass R. Sunstein, author of How Change Happens “Greene delves deeply into the legal, cultural, and political matters behind rights conflicts, and laces his account with feisty legal opinions and colorful character sketches. This incisive account persuades.”—Publishers Weekly —
£19.80
LexisNexis/Matthew Bender Constitutional Law
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£180.00
LexisNexis Understanding Sales and Leases of Goods
Book Synopsis
£39.90
