Equality And Liberty In The Golden Age Of State Constitutional Law

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Equality and Liberty in the Golden Age of State Constitutional Law

Jeffrey M Shaman
Equality and Liberty in the Golden Age of State Constitutional Law Book PDF

Author : Jeffrey M Shaman
Publisher : Oxford University Press
Page : 296 pages
File Size : 52,6 Mb
Release : 2008-04-14
Category : Law
ISBN : 9780199715220

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Equality and Liberty in the Golden Age of State Constitutional Law by Jeffrey M Shaman Pdf

The rise of the New Judicial Federalism movement in the 1970s marked a sea-change in the history of state constitutional law by shifting the focus of power away from the central government in ways that had not occurred since the Equal Protection Clause was enacted in 1868. With New Judicial Federalism, many states rediscovered that they were empowered to enact their own constitutions and to interpret them as they saw fit, which enabled states to recognize civil rights and liberties beyond those recognized under the Federal Constitution. Equality and Liberty in the Golden Age of State Constitutional Law closely examines the evolution of the rights of liberty and equality under state constitutions from both a historical and jurisprudential perspective. In it, Professor Jeffrey M. Shaman explains that as New Judicial Federalism gained ground, state constitutional law became an important source for the protection of individual rights and liberties. States have since expanded the right of the citizen well beyond the limits of federal law by striking down laws that led to de facto segregation in public schools, discriminated against women, or allocated public benefits inequitably. State courts were the first to recognize a right of intimate association, spurring the U.S. Supreme Court to follow suit. Equality and Liberty in the Golden Age of State Constitutional Law is essential reading for anyone interested in this manifestation of law that has developed beyond the purview of national attention and in the resulting evolution of power in U.S. constitutional law.

The Law of American State Constitutions

Robert F. Williams,Lawrence Friedman
The Law of American State Constitutions Book PDF

Author : Robert F. Williams,Lawrence Friedman
Publisher : Oxford University Press
Page : 513 pages
File Size : 54,7 Mb
Release : 2023-05-05
Category : Electronic
ISBN : 9780190068806

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The Law of American State Constitutions by Robert F. Williams,Lawrence Friedman Pdf

The second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decision making. This edition of The Law of American State Constitutions remains an important analytical tool that explains the unique character and the range of interpretive approaches to these constitutions. It covers the structure of state governments under state constitutions as well as the distribution of powers among the legislative, executive, and judicial branches. Like the first edition, this edition presents a complete picture of state constitutional law and the attributes and features that make this body of law so distinctive.

The Ohio State Constitution

Steven H. Steinglass
The Ohio State Constitution Book PDF

Author : Steven H. Steinglass
Publisher : Oxford University Press
Page : 697 pages
File Size : 44,7 Mb
Release : 2022-10-03
Category : Electronic
ISBN : 9780197619728

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The Ohio State Constitution by Steven H. Steinglass Pdf

The second edition of The Ohio State Constitution begins with a detailed summary and analysis of the history of the Ohio Constitution, including the pre-statehood Northwest Ordinance of 1787 (i.e., the Northwest Ordinance), the adoption of the 1802 Constitution, which resulted in Ohio's admission as the 17th state in the Union, and the adoption of the 1851 Constitution, Ohio's current constitution. In-depth attention is given to the 34 amendments that have their origins in the work of the Progressive-era 1912 Constitutional Convention, which proposed the initiative and referendum, and the home rule amendment. The historical commentary also covers the modern efforts to use commissions to revise the constitution, and the emergence of the new judicial federalism in Ohio. In Part Two, the book contains detailed commentaries on each of the 220+ sections of the constitution, and the commentary on each of the 19 Articles begins with an article-specific introductory essay.

The Oxford Handbook of the U.S. Constitution

Mark Tushnet,Mark A. Graber,Sanford Levinson
The Oxford Handbook of the U S Constitution Book PDF

Author : Mark Tushnet,Mark A. Graber,Sanford Levinson
Publisher : Oxford University Press
Page : 992 pages
File Size : 41,5 Mb
Release : 2015-07-31
Category : Law
ISBN : 9780190245771

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The Oxford Handbook of the U.S. Constitution by Mark Tushnet,Mark A. Graber,Sanford Levinson Pdf

The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

The Oxford Handbook of State and Local Government

Donald P. Haider-Markel
The Oxford Handbook of State and Local Government Book PDF

Author : Donald P. Haider-Markel
Publisher : Oxford University Press
Page : 977 pages
File Size : 42,7 Mb
Release : 2014-04
Category : Political Science
ISBN : 9780199579679

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The Oxford Handbook of State and Local Government by Donald P. Haider-Markel Pdf

The Oxford Handbook of State and Local Government covers the main areas of study in subnational politics by exploring the central contributions to the comparative study of institutions, behaviour, and policy in the American context.

An Introduction to the Legal System of the United States, Fourth Edition

E. Allan Farnsworth
An Introduction to the Legal System of the United States Fourth Edition Book PDF

Author : E. Allan Farnsworth
Publisher : Oxford University Press
Page : 248 pages
File Size : 40,7 Mb
Release : 2010-07-16
Category : Law
ISBN : 9780199889846

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An Introduction to the Legal System of the United States, Fourth Edition by E. Allan Farnsworth Pdf

In the updated, fourth edition of this classic text which has been translated into over a dozen languages, constitutional scholar and Columbia Law School professor E. Allan Farnsworth provides a clear explanation of the structure and function of the U.S. legal system in one handy reference. An Introduction to the Legal System of the United States, Fourth Edition is designed to be a general introduction to the structure and function of the legal system of the United States, and is especially useful for those readers who lack familiarity with fundamental establishments and practices. This text also gives the reader a clear understanding of how to research the law, the importance of case law versus statutes, and the difference between private and public law. It illustrates issues that may be confusing or troublesome and provides a solid general overview. It includes a new introduction by Steve Sheppard.

University of Chicago Law Review: Volume 81, Number 4 - Fall 2014

University of Chicago Law Review
University of Chicago Law Review Volume 81 Number 4 Fall 2014 Book PDF

Author : University of Chicago Law Review
Publisher : Quid Pro Books
Page : 686 pages
File Size : 54,5 Mb
Release : 2014-12-17
Category : Law
ISBN : 9781610278584

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University of Chicago Law Review: Volume 81, Number 4 - Fall 2014 by University of Chicago Law Review Pdf

The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau • Understanding Equal Sovereignty, by Abigail B. Molitor • "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien • Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross • "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.

Racial Taxation

Camille Walsh
Racial Taxation Book PDF

Author : Camille Walsh
Publisher : UNC Press Books
Page : 251 pages
File Size : 40,5 Mb
Release : 2018-02-02
Category : Social Science
ISBN : 9781469638959

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Racial Taxation by Camille Walsh Pdf

In the United States, it is quite common to lay claim to the benefits of society by appealing to "taxpayer citizenship--the idea that, as taxpayers, we deserve access to certain social services like a public education. Tracing the genealogy of this concept, Camille Walsh shows how tax policy and taxpayer identity were built on the foundations of white supremacy and intertwined with ideas of whiteness. From the origins of unequal public school funding after the Civil War through school desegregation cases from Brown v. Board of Education to San Antonio v. Rodriguez in the 1970s, this study spans over a century of racial injustice, dramatic courtroom clashes, and white supremacist backlash to collective justice claims. Incorporating letters from everyday individuals as well as the private notes of Supreme Court justices as they deliberated, Walsh reveals how the idea of a "taxpayer" identity contributed to the contemporary crises of public education, racial disparity, and income inequality.

Equality Governance via Policy Analysis?

Arn T. Sauer
Equality Governance via Policy Analysis Book PDF

Author : Arn T. Sauer
Publisher : transcript Verlag
Page : 569 pages
File Size : 46,5 Mb
Release : 2018-11-30
Category : Political Science
ISBN : 9783839443767

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Equality Governance via Policy Analysis? by Arn T. Sauer Pdf

Gender impact assessment has been both celebrated as a beacon of hope for the cause of gender equality and criticised as being ineffectual. More than 20 years of gender mainstreaming have demonstrated that equality governance with and through impact assessment is an intersectional and still evolving process. Arn T. Sauer's study examines the instruments of gendered policy analysis and the conditions under which they are being used by the Canadian federal government and the European Commission. Interviews with experts from public administration and instrument designers as well as document analyses reveal benefits and challenges and show that the success of equality governance depends upon whether knowledge about gendered policy and appropriate administrative practices are embedded, embodied and entrenched in public administration.

Federalism and Subsidiarity

James E. Fleming,Jacob T Levy
Federalism and Subsidiarity Book PDF

Author : James E. Fleming,Jacob T Levy
Publisher : NYU Press
Page : 460 pages
File Size : 43,7 Mb
Release : 2014-06-27
Category : Law
ISBN : 9781479868858

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Federalism and Subsidiarity by James E. Fleming,Jacob T Levy Pdf

In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.

Judiciaries in Comparative Perspective

H. P. Lee
Judiciaries in Comparative Perspective Book PDF

Author : H. P. Lee
Publisher : Cambridge University Press
Page : 625 pages
File Size : 48,7 Mb
Release : 2011-08-11
Category : Law
ISBN : 9781139499866

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Judiciaries in Comparative Perspective by H. P. Lee Pdf

An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.

Reimagining Legal Pluralism in Africa

Anonim
Reimagining Legal Pluralism in Africa Book PDF

Author : Anonim
Publisher : BRILL
Page : 514 pages
File Size : 54,5 Mb
Release : 2024-06-06
Category : Law
ISBN : 9789004696747

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Reimagining Legal Pluralism in Africa by Anonim Pdf

This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.

Ending Midlife Bias

Nancy S. Jecker
Ending Midlife Bias Book PDF

Author : Nancy S. Jecker
Publisher : Oxford University Press
Page : 361 pages
File Size : 55,9 Mb
Release : 2020-05-01
Category : Philosophy
ISBN : 9780190949099

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Ending Midlife Bias by Nancy S. Jecker Pdf

We live at a time when the human lifespan has increased like never before. As average lifespans stretch to new lengths, what impact should this have on our values? Should our values change over the course of our ever-increasing lifespans? Nancy S. Jecker coins the term, the life stage relativity of values, to capture the idea that at different stages of our lives, different ethical concerns shift to the foreground. During early life, infants and small children hold dear the value of being cared for and nurtured by someone they trust--and their vulnerability and dependency make these the right values for them. By early adulthood and continuing into midlife, the capacity for greater physical and emotional independence gives people reason to place more emphasis on autonomy and the ability to freely choose and carry out their plan of life. During old age, heightened risk for chronic disease and disability gives us a reason to shift our focus again, emphasizing safeguarding our central capabilities and keeping our dignity and self-respect intact. Despite different values becoming central at different stages of life, we often assume the standpoint of someone in midlife, who is in the midst of planning a future adulthood that stretches out before them. Jecker coins the term, midlife bias, to refer to the privileging of midlife. Midlife bias occurs when we assume that autonomy should be our central aim at all life stages and give it priority in a wide range of ethical decisions. The privileging of midlife raises fundamental problems of fairness. It also suggests the possibility of large gaps in the ethical principles and theories at hand. Ending Midlife Bias: New Values for Old Age addresses these concerns in a step-wise fashion, focusing on later life. Jecker first introduces a philosophical framework that extends moral theorizing to older adults, addressing midlife bias, the life stage relativity of values, human capabilities and dignity, time's passage, the narrative self, and justice between old and young. She then turns to policy and practice and explores ethical issues in bioethics, long term care, personal robotic assistants, care of the dying and newly dead, ageism in medical research, the allocation of healthcare, mandatory retirement, and the future of population aging.

New Directions in Private Law Theory

Fabiana Bettini ,Martin Fischer ,Charles Mitchell,Prince Saprai
New Directions in Private Law Theory Book PDF

Author : Fabiana Bettini ,Martin Fischer ,Charles Mitchell,Prince Saprai
Publisher : UCL Press
Page : 362 pages
File Size : 45,6 Mb
Release : 2023-10-16
Category : Law
ISBN : 9781800085626

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New Directions in Private Law Theory by Fabiana Bettini ,Martin Fischer ,Charles Mitchell,Prince Saprai Pdf

New Directions in Private Law Theory brings together some of the best new work on private law theory, reflecting the breadth of this increasingly important field. The contributions interrogate a wide range of topics including aspects of private law doctrine, its development, ordering and application. The authors adopt a variety of different approaches and contribute to ongoing and important debates about the moral foundations of private law, the individuation of areas of private law and the connections between private law and everyday moral experience. Questions addressed include: Does the diversity identified amongst claims in unjust enrichment mean that the category is incoherent? Are claims in tort law always about compensating for wrongs? How should we understand parties’ agreement in contract? The contributions shed new light on these and other topics, and the ways in which they intersect and open up new lines of scholarly enquiry. The book will be of interest to researchers working in private law and legal theory, but it will also appeal to those outside of law, most notably researchers with an interest in moral and political philosophy, economics and history.

An analysis of well-being in Gauteng province using the capability approach

Darlington Mushongera,Prudence Kwenda,Miracle Ntuli
An analysis of well being in Gauteng province using the capability approach Book PDF

Author : Darlington Mushongera,Prudence Kwenda,Miracle Ntuli
Publisher : Gauteng City Region Observatory (GCRO)
Page : 66 pages
File Size : 52,6 Mb
Release : 2020-12-07
Category : Business & Economics
ISBN : 9781990972102

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An analysis of well-being in Gauteng province using the capability approach by Darlington Mushongera,Prudence Kwenda,Miracle Ntuli Pdf

The purpose of this occasional paper is to analyse well-being in Gauteng province from a capability perspective. The authors adopt a standard ‘capability approach’ consistent with Amartya Sen’s concept of capabilities.