Radicals In Robes

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Radicals in Robes

Cass R. Sunstein
Radicals in Robes Book PDF

Author : Cass R. Sunstein
Publisher : Basic Books
Page : 314 pages
File Size : 41,7 Mb
Release : 2009-04-28
Category : Law
ISBN : 9780786734894

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Radicals in Robes by Cass R. Sunstein Pdf

Most people think that the Supreme Court has a rough balance between left and right. This is a myth; in fact the justices once considered right-wing have now taken the mantle of the Court's moderates, and the liberal element has all but disappeared. Most people also think that judicial activism is solely a liberal movement. This is also a myth; since William Rehnquist was confirmed as Chief Justice in 1986, the Supreme Court has engaged in an unprecedented record of judicial activism. These two factors are feeding a movement to restore what many conservatives call "The Constitution in Exile," by which they mean the Constitution as it existed before the Roosevelt administration. Radicals in Robes explains what the restoration of this constitutional vision would mean. It would mean the end of the FCC, the SEC, the EPA, and every other federal agency that enacts regulations that have the force of law. It would mean that the clause of the First Amendment that says that Congress may make no law "respecting an establishment of religion" would be turned on its head. Marriage laws and many other familiar areas of modern life are all in the sights of this conservative movement. Radicals in Robes takes judicial philosophy out of the law schools and shows what it means when it intersects partisan politics. It pulls away the veil of rhetoric from a dangerous and radical right-wing movement and issues a strong and passionate warning about what conservatives really intend. One of the most respected legal theorists in the country, Cass R. Sunstein here issues a warning of compelling concern to us all.

Cambridge Yearbook of European Legal Studies, Vol 14 2011-2012

Catherine Barnard,Markus Gehring,Iyiola Solanke
Cambridge Yearbook of European Legal Studies Vol 14 2011 2012 Book PDF

Author : Catherine Barnard,Markus Gehring,Iyiola Solanke
Publisher : Bloomsbury Publishing
Page : 812 pages
File Size : 48,9 Mb
Release : 2012-12-20
Category : Law
ISBN : 9781782250524

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Cambridge Yearbook of European Legal Studies, Vol 14 2011-2012 by Catherine Barnard,Markus Gehring,Iyiola Solanke Pdf

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 14 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward

Summary: Radicals in Robes

Businessnews Publishing
Summary Radicals in Robes Book PDF

Author : Businessnews Publishing
Publisher : Unknown
Page : 0 pages
File Size : 42,5 Mb
Release : 2017-01-30
Category : Electronic
ISBN : 2512004384

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Summary: Radicals in Robes by Businessnews Publishing Pdf

The must-read summary of Cass R. Sunstein's book: "Radicals in Robes: Why Extreme Right-wing Courts are Wrong for America". This complete summary of "Radicals in Robes" by Cass R. Sunstein, a renowned American legal scholar, presents his definition of the predominant theories of constitutional interpretation and analysis of the Supreme Court's current stance on various matters. He argues that Supreme Court politics is far too skewed to the right, and that with this rise of conservatism it is a myth that judicial activism is solely a liberal movement. Sunstein issues a warning that is of compelling concern to American society as a whole. Added-value of this summary: - Save time - Understand the role of the Supreme Court and the extent to which it is influenced by politics - Expand your knowledge of American politics and the judicial system To learn more, read "Radicals in Robes" and discover how the Supreme Court is influenced by activism and its own political leanings.

America in Conflict

Rogene A. Buchholz
America in Conflict Book PDF

Author : Rogene A. Buchholz
Publisher : University Press of America
Page : 262 pages
File Size : 41,6 Mb
Release : 2007
Category : History
ISBN : 0761837191

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America in Conflict by Rogene A. Buchholz Pdf

This book analyzes the values divide in modern America by examining the different values at stake in major policy areas, such as the war in Iraq where traditional reasons for going to war have been usurped by the Bush doctrine of preemption. The involvement of the religious right in politics also involves value issues including the separation of church and state. Other values concerned in the divide, such as a balance between freedom and security in our response to terrorism on American soil, fairness and equity in our taxation policies, and the values at stake in solving our environmental problems are explored in depth. The final section has a chapter devoted to the revitalization of democracy in America, and a concluding chapter discussing what the second term of the Bush administration means to America.

Ordered Liberty

James E. Fleming,Linda C. McClain
Ordered Liberty Book PDF

Author : James E. Fleming,Linda C. McClain
Publisher : Harvard University Press
Page : 482 pages
File Size : 44,9 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780674070745

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Ordered Liberty by James E. Fleming,Linda C. McClain Pdf

Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.

Originalism

Steven G. Calabresi
Originalism Book PDF

Author : Steven G. Calabresi
Publisher : Simon and Schuster
Page : 360 pages
File Size : 51,6 Mb
Release : 2007-08-21
Category : Political Science
ISBN : 9781596980600

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Originalism by Steven G. Calabresi Pdf

What did the Constitution mean at the time it was adopted? How should we interpret today the words used by the Founding Fathers? In ORIGINALISM: A QUARTER-CENTURY OF DEBATE, these questions are explained and dissected by the very people who continue to shape the legal structure of our country.This is a lively and fascinating discussion of an issue that has occupied the greatest legal minds in America, and one that continues to elicit strong reactions from both those who support and those who oppose the rule of law. Steven G. Calabresi, co-founder of the Federalist Society and professor of law at Northwestern University School of Law, has compiled an impressive collection of speeches, panel discussions, and debates from some of the greatest and most prominent legal experts of the last twenty-five years.

Broken Government

John W. Dean
Broken Government Book PDF

Author : John W. Dean
Publisher : Penguin
Page : 364 pages
File Size : 44,8 Mb
Release : 2007-09-11
Category : Political Science
ISBN : 9781101202593

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Broken Government by John W. Dean Pdf

The concluding volume of The New York Times bestselling trilogy One of today's most outspoken and respected political commentators asks: How can our democracy function when the key institutions of government no longer operate as intended by the Constitution? Stepping back to assess three decades of nearly continuous Republican rule, John W. Dean surveys the damage done to the three branches of government and traces their decline through the presidencies of Nixon, Ford, Reagan, Bush I, and Bush II. Speaking to what the average moderate citizen can do to combat extremism, authoritarianism, incompetence, and the Republicans' deliberate focus on polarizing social issues, Broken Government is a must-have book for voters this election year.

Originalism in Theology and Law

Mark J. Boone,Mark D. Eckel
Originalism in Theology and Law Book PDF

Author : Mark J. Boone,Mark D. Eckel
Publisher : Lexington Books
Page : 241 pages
File Size : 45,9 Mb
Release : 2024-01-26
Category : Religion
ISBN : 9781666932133

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Originalism in Theology and Law by Mark J. Boone,Mark D. Eckel Pdf

According to originalism, the meaning of a text is determined at the time of its writing. Originalism in Theology and Law explores the similarities and differences between the theological application of this idea to the Bible and its legal application to the American Constitution.

Freedom and the Rule of Law

Anthony Arthur Peacock
Freedom and the Rule of Law Book PDF

Author : Anthony Arthur Peacock
Publisher : Rowman & Littlefield
Page : 310 pages
File Size : 48,7 Mb
Release : 2010
Category : History
ISBN : 0739136186

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Freedom and the Rule of Law by Anthony Arthur Peacock Pdf

"Freedom and the Rule of Law takes a comprehensive look at the historical beginnings of law in the United States as well as recent developments affecting the relationship between freedom and the rule of law. Although the relationship between freedom and the rule of law has been a perennial one since America's Founding, as the contributions compiled by Anthony A. Peacock in this book make clear, it is also a theme of particular importance today." --Book Jacket.

Radical Conservatism

Robert Brent Toplin
Radical Conservatism Book PDF

Author : Robert Brent Toplin
Publisher : Unknown
Page : 328 pages
File Size : 40,5 Mb
Release : 2006
Category : Current Events
ISBN : UOM:39015064732996

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Radical Conservatism by Robert Brent Toplin Pdf

An unflinching look at the origins, philosophy, meanings, and impact of the radical form of conservatism that currently dominates American politics. Analyzing the literature (books, magazines, newspapers) and broadcast sources that define and promote conservatism, Toplin leads the reader on a provocative tour of the conservative mind as viewed by a liberal tour guide.

Restoring the Lost Constitution

Randy E. Barnett
Restoring the Lost Constitution Book PDF

Author : Randy E. Barnett
Publisher : Princeton University Press
Page : 448 pages
File Size : 41,5 Mb
Release : 2013-11-24
Category : Law
ISBN : 9780691159737

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Restoring the Lost Constitution by Randy E. Barnett Pdf

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

The Supermajority

Michael Waldman
The Supermajority Book PDF

Author : Michael Waldman
Publisher : Simon and Schuster
Page : 400 pages
File Size : 52,5 Mb
Release : 2023-06-06
Category : Political Science
ISBN : 9781668006085

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The Supermajority by Michael Waldman Pdf

A “terrific, if chilling, account” (The Guardian) of how the Supreme Court’s new conservative supermajority is overturning decades of law and leading the country in a dangerous political direction. In The Supermajority, Michael Waldman explores the tumultuous 2021­­–2022 Supreme Court term. He draws deeply on history to examine other times the Court veered from the popular will, provoking controversy, and backlash. And he analyzes the most important new rulings and their implications for the law and for American society. Waldman asks: What can we do when the Supreme Court challenges the country? Over three days in June 2022, the conservative supermajority overturned the constitutional right to abortion, possibly opening the door to reconsider other major privacy rights, as Justice Clarence Thomas urged. The Court sharply limited the authority of the EPA, reducing the prospects for combatting climate change. It radically loosened curbs on guns amid an epidemic of mass shootings. It fully embraced legal theories such as “originalism” that will affect thousands of cases throughout the country. These major decisions—and the next wave to come—will have enormous ramifications for every American. It was the most turbulent term in memory—with the leak of the opinion overturning Roe v. Wade, the first Black woman justice sworn in, and the justices turning on each other in public, Waldman previews the 2022­–2023 term and how the brewing fights over the Supreme Court and its role that already have begun to reshape politics. The Supermajority is “a call to action as much as it is a history of the Supreme Court “ (Financial Times) at a time when the Court’s dysfunction—and the demand for reform—are at the center of public debate.

Men in Black

Mark R. Levin
Men in Black Book PDF

Author : Mark R. Levin
Publisher : Regnery Publishing
Page : 308 pages
File Size : 52,5 Mb
Release : 2006-08-01
Category : Political Science
ISBN : 1596980095

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Men in Black by Mark R. Levin Pdf

Conservative talk radio host, lawyer, and frequent National Review contributor Mark R. Levin comes out firing against the United States Supreme Court in Men in Black, accusing the institution of corrupting the ideals of America's founding fathers. The court, in Levin's estimation, pursues an ideology-based activist agenda that oversteps its authority within the government. Levin examines several decisions in the court's history to illustrate his point, beginning with the landmark Marbury v. Madison case, wherein the court granted itself the power to declare acts of the other branches of government unconstitutional. He devotes later chapters to other key cases culminating in modern issues such as same-sex marriage and the McCain-Feingold campaign finance reform bill. Like effective attorneys do, Levin packs in copious research material and delivers his points with tremendous vigor, excoriating the justices for instances where he feels strict constit utional constructivism gave way to biased interpretation. But Levin's definition of "activism" seems inconsistent. In the case of McCain-Feingold, the court declined to rule on a bill already passed by congress and signed by the president, but Levin, who thinks the bill violates the First Amendment, still accuses them of activism even when they were actually passive. To his talk-radio listeners, Levin's hard-charging style and dire warnings of the court's direction will strike a resonant tone of alarm, though the hyperbole may be a bit off-putting to the uninitiated. As an attack on the vagaries of decisions rendered by the Supreme Court and on some current justices, Men in Black scores points and will likely lead sympathetic juries to conviction. -

The Second Amendment

Michael Waldman
The Second Amendment Book PDF

Author : Michael Waldman
Publisher : Simon and Schuster
Page : 272 pages
File Size : 52,5 Mb
Release : 2015-05-26
Category : History
ISBN : 9781476747453

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The Second Amendment by Michael Waldman Pdf

Presents a history of the Second Amendment to illuminate its controversies, debates, and misapprehensions, explaining its contexts and purposes while revealing how it came to represent gun-ownership rights in the twentieth century.

Revolutionary Constitutionalism

Richard Albert
Revolutionary Constitutionalism Book PDF

Author : Richard Albert
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 40,9 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781509934591

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Revolutionary Constitutionalism by Richard Albert Pdf

This book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman's path-breaking book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributors' essays. Some advance Ackerman's theory, others attack it, and still others refine it – but all agree that the ideas in his book reset the terms of debate on the most important subjects in constitutionalism today: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical 'people' have spoken. A must-read for all interested in the current state of constitutionalism.