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Author : Archibald Cox
Publisher : Unknown
Page : 456 pages
File Size : 53,5 Mb
Release : 1987
Category : History
ISBN : UOM:39015011909473
Building a nation, from laissezfaire to the welfare state, constitutional adjudication as an instrument of reform,
Author : Emmett Macfarlane
Publisher : University of Toronto Press
Page : 461 pages
File Size : 50,5 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487523152
Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
Author : Laurence Tribe,Joshua Matz
Publisher : Macmillan + ORM
Page : 418 pages
File Size : 43,7 Mb
Release : 2014-06-03
Category : Political Science
ISBN : 9780805099133
Harvard Law School scholars Laurence Tribe and Joshua Matz reveal how Chief Justice John Roberts is shaking the foundation of our nation’s laws in Uncertain Justice: The Roberts Court and the Constitution. From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. Political gridlock, cultural change, and technological progress mean that the court’s decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country’s leading constitutional lawyers—and Matz dig deeply into the court’s rulings, stepping beyond tired debates over judicial “activism” to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live. “Marvelous...Tribe and Matz’s insights are illuminating.... [They] offer well-crafted overviews of key cases decided by the Roberts Court ... [and] chart the Supreme Court’s conservative path, clarifying complex cases in accessible terms.”—The Chicago Tribune “Well-written and highly readable...The strength of the book is its painstaking explanation of all sides of the critical cases, giving full voice and weight to conservative and liberal views alike.”—The Washington Post
Author : David P. Currie
Publisher : University of Chicago Press
Page : 518 pages
File Size : 40,5 Mb
Release : 1992-09
Category : Law
ISBN : 9780226131092
Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary
Author : Archibald Cox
Publisher : Unknown
Page : 452 pages
File Size : 46,9 Mb
Release : 1987
Category : Constitutional history
ISBN : 039548071X
Building a nation, from laissezfaire to the welfare state, constitutional adjudication as an instrument of reform.
Author : Owen Josephus Roberts
Publisher : Unknown
Page : 102 pages
File Size : 40,9 Mb
Release : 1968
Category : Federal government
ISBN : OCLC:1029024896
Author : Lawrence Lessig
Publisher : Oxford University Press
Page : 448 pages
File Size : 46,5 Mb
Release : 2019-04-03
Category : Law
ISBN : 9780190932565
The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
Author : Charles Fried
Publisher : Harvard University Press
Page : 340 pages
File Size : 46,6 Mb
Release : 2005
Category : Law
ISBN : 0674019547
Taking the reader up to and through such controversial Supreme Court decisions as the Texas sodomy case and the University of Michigan affirmative action case, Fried sets out to make sense of the main topics of constitutional law: the nature of doctrine, federalism, separation of powers, freedom of expression, religion, liberty, and equality.
Author : Thomas Michael Joseph Bateman,Janet Hiebert,Rainer Knopff,Peter H. Russell
Publisher : Unknown
Page : 128 pages
File Size : 40,5 Mb
Release : 2017-02
Category : Electronic
ISBN : 1772551783
Author : Michael J. Perry
Publisher : Oxford University Press, USA
Page : 178 pages
File Size : 40,6 Mb
Release : 1998
Category : Law
ISBN : 0195138287
Inspired by a 1988 trip to El Salvador, Michael J. Perry's new book is a personal and scholarly exploration of the idea of human rights. Perry is one of our nation's leading authorities on the relation of morality, including religious morality, to politics and law. He seeks, in this book, to disentangle the complex idea of human rights by way of four probing and interrelated essays.The book will appeal to students of many disciplines, including (but not limited to) law, philosophy, religion, and politics. Copyright © Libri GmbH. All rights reserved.
Author : Geoffrey R. Stone,David A. Strauss
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 44,7 Mb
Release : 2020-01-06
Category : LAW
ISBN : 9780190938208
From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
Author : Barry L. Strayer
Publisher : Butterworth-Heinemann
Page : 408 pages
File Size : 45,9 Mb
Release : 1988
Category : Canada
ISBN : UOM:39076001323612
Author : Andrew Coan
Publisher : Unknown
Page : 281 pages
File Size : 49,7 Mb
Release : 2019
Category : Constitutional law
ISBN : 9780674986954
The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--
Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 52,8 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417
Author : Peter H. Russell
Publisher : Unknown
Page : 128 pages
File Size : 55,6 Mb
Release : 2013
Category : Canada
ISBN : OCLC:1011742624