Constitutional

This volume traces the history of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution. It shows that the constitutional guarantee against double jeopardy has its roots in ancient Jewish and early Greek and Roman law. After...

This authoritative legal guide, written by a distinguished group of specialists, presents analyses of legal systems, practices, and practitioners of all the major countries and regions of the world. Adopting a systematic, comparative approach, the volume...

In a stinging dissent to a 1961 Supreme Court decision that allowed the Illinois state bar to deny admission to prospective lawyers if they refused to answer political questions, Justice Hugo Black closed with the memorable line, "We must not be...

Fear, rage, courage, discrimination. These are facts of everyday life for many Americans with disabilities. The Americans with Disabilities Act (ADA), has made working, traveling, and communicating easier for many individuals. But has this significant...

This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected...

Lee Bollinger is one of our foremost experts on the First Amendment--both an erudite scholar and elegant advocate. In this sweeping account, he explores the troubled history of a free press in America and looks toward the challenges ahead. The first...

In 1997, a Mexican national named Jose Ernesto Medellin was sentenced to death for raping and murdering two teenage girls in Texas. In 2004, the International Court of Justice ruled that he was entitled to a appellate review of his sentence since the...

Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism,...

What did the Founding Fathers mean when they wrote the Constitution? What did the right to keep and bear arms or an establishment of religion or the republican form of government mean to the founders? Obviously, as enlightened men of the late eighteenth...

Gun control is one of the most enduringly controversial issues in modern American politics. For the first time this book compiles a comprehensive array of documents that explain and illuminate the historical and contemporary context of the modern gun...

This timely collection examines the record of current and recent justices in fashioning the Constitution and looks at the larger political context in which their work has occurred. The eight essays, written by distinguished scholars of the Supreme Court,...

Perry illuminates the Supreme Court's unique advantages in sustaining a noble public image by its stewardship of the revered Constitution, its constant embrace of the rule of law, the justices' life tenure, its symbols of impartiality and integrity, and...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9780313200465Author Arthur Selwyn MillerFormat HardbackPage Count 288Imprint Praeger Publishers IncPublisher ABC-CLIO

This book examines the consequences of the First Amendment to the United States Constitution. While Americans benefit from its broad protection of freedom of speech, they also suffer from the extremes which result from interpretation of the same...

A fresh and provocative perspective on the judicial process and the transmission of ideas into law. Professors McIntosh and Cates demonstrate, through the actions and writings of such diverse jurists as Louis Brandeis, Sandra Day O'Connor, Jerome Frank,...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9780306455643Author Patrick M. GarryFormat PaperbackPage Count 218Imprint Kluwer Academic/Plenum PublishersPublisher Springer Science+Business...

Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional...

Combining natural law theory, reliance theory, and economic analysis to develop a jurisprudential approach, this is a prescriptive work presenting a vision of what contract law would be like if it were devoted to teaching moral virtue. The...

Writing of the France of the 1930s, the late Simone Weil declared, The state has morally killed everything smaller than itself. Liebmann asserts that a comparable development has recently taken place in the United States, fostering civic apathy and an...

This is a quantitative reexamination of the behavior of the Founding Fathers during the creation of the United States' Constitution. It employs cliometric analysis, formal economic analysis, and modern statistical techniques, to explain the choices the...

Since the first and only constitutional convention in 1787, 26 amendments have been added to our governing document, but not one of them became law by virtue of the convention method. Despite more than 400 applications, no constitutional convention has...

American judges and legal scholars have long misunderstood the intended meaning of the Ninth Amendment and its relationship to the Tenth. Because of misinterpretation, the Ninth and Tenth Amendments have not been used to fulfill their original purposes...

This study examines contemporary questions surrounding the process by which the U.S. Constitution can be amended. Beginning with a description of the mechanism and history of the constitutional amending process in America, the work considers five major...

The author offers an extensive survey of the most important court decisions that have attempted to delineate the rights of those who want to express their views and those who want to control access to private property. Among the other topics discussed...

This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It...

In 1759 a baby girl was born to an impoverished family on the Indian subcontinent. Her parents pawned her into bondage as a way to survive famine. A Portuguese slaver sold the girl to a pious French spinster in Bengal, where she was baptized as Madeleine...

Constitutional law is one of the most engaging and yet challenging first year law classes. At the confluence of history, politics, legal theory, and judicial review, it requires students to learn a new framework for legal interpretation and thought...

Freedom of speech is a foundational principle of the American Constitutional system. This collection of over 100 primary documents from a variety of sources will help students understand exactly what is meant by free speech, and how it has evolved since...

This volume, an updated collection of essays presented by leading scholars at a Hofstra University conference on group defamation, provides a cross-disciplinary examination of hate speech. Beginning with the decision of the U.S. Supreme Court in R.A.V. v...

New Tides in the Pacific includes essays by prominent scholars from different countries examining prospects for cooperation in the Pacific basin. The volume as a whole emphasizes the gradually emerging framework of cooperation between the countries of...

This is the first in-depth analysis of the Rehnquist Court viewed as a functional entity. Well known for his work in constitutional law, Stanley Friedelbaum analyzes leading cases and rigorously examines the Court's full opinions. He reviews the...

This important new book presents a clear and systematic analysis of the right or privilege to keep and bear arms within the meaning of the Second Amendment to the United States Constitution. Attorney Warren Freedman provides the answers to the arguments...

Both the Bible and the Constitution have the status of "Great Code," but each of these important texts is controversial as well as enigmatic. They are asked to speak to situations that their authors could not have anticipated on their own. In...

In this highly original book, Robert Nagel demonstrates how contemporary constitutional politics relate to the moral character of American culture. He argues persuasively that judicial decisions reflect wider social tendencies towards moral evasiveness,...

Legal uncertainty is particularly high in constitutional law, where the Supreme Court may overrule earlier decisions as not conforming to the Constitution. This critical study of constitutional decision-making in the Supreme Court emphasizes the failures...

In November 1998, the Hawaii and Alaska electorates voted to amend their state constitutions so that same-sex marriages would not have to be recognized. Rather than end the controversy surrounding same-sex marriages, the passage of these amendments will...

America's preeminent First Amendment lawyer speaks out on the most controversial free-speech issues of our time Since 1971, when the Pentagon Papers were leaked to the New York Times and furious debate over First Amendment rights ensued, free-speech...

The Fifth Amendment is typically equated in both popular and legal discourse with the privilege against self-incrimination. This concept, Garcia reminds us, represents an incomplete view of the amendment. Often forgotten are the other two criminal...

This volume takes a historical approach in analyzing all of the major United States Supreme Court cases relevant to the conflict between a free press and fair trial. Campbell's thorough analysis, which relates 30 primary cases to each other and to nearly...

Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast,...