Constitutional

Although freedom of speech is regarded as a bedrock principle of American constitutionalism, the Supreme Court did not recognize it as a fundamental right worthy of strong constitutional protection until the middle of the 20th century. This work focuses...

What rallies or inspires people to champion the different causes surrounding filtering or free expression? How do people vary in their views on what the First Amendment guarantees? This book encourages students to think critically about the pros and cons...

As the nation turned its back on Reconstruction, the Supreme Court in turn narrowed Thirteenth-, Fourteenth-, and Fifteenth-Amendment protections of former slaves, thus straying from the understanding of the amendments' framers. Tracking a long line of...

An historical analysis of the development and reform of the law of prior obligations as expressed in preexisting duty rule and past consideration rule. Teeven's principal focus is on the judicial rationalization of common law reforms to partially remove...

Solimine and Walker provide a comprehensive examination of all the major issues revolving around judicial federalism- the sharing of judicial power between the 50 states and the federal government. They make the case that the existence and operation of...

This unique empirical study investigates how the method of judicial selection significantly affects state-supreme-court policies in several important areas of law-business, criminal procedure, and family law. After examining different theories and...

In 1973 the Roe vs. Wade Supreme Court decision seemed to settle the abortion issue for all time. However, that victory did not win the war, and the impact of that milestone decision still echoes in on-going controversy, litigation, and political...

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...

Scholars agree that religion-clause jurisprudence is in disarray: The Supreme Court is divided on the issue; religious lobbyists and litigators aggressively pursue their often conflicting goals; and novel pieces of church-state litigation are frequent...

This collection of documents presents an enlightening picture of the colonial government of the British Commonwealth during the Second British Empire. Using numerous original documents, with preference given to those not previously published or readily...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9780313241574Author William F. WestFormat HardbackPage Count 217Imprint Praeger Publishers IncPublisher ABC-CLIO

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9780313206184Author Arthur Selwyn MillerFormat HardbackPage Count 396Imprint Praeger Publishers IncPublisher ABC-CLIO

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9780313210495Author Klaus KnorrFormat HardbackPage Count 310Imprint Praeger Publishers IncPublisher ABC-CLIO

This book examines theories of language for their contribution to understanding the interpretation of constitutional law by the Supreme Court.Book InformationISBN 9780313204203Author John BrighamFormat HardbackPage Count 182Imprint Praeger Publishers...

This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Jerry Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials...

Debates over hate speech, pornography, and other sorts of controversial speech raise issues that go to the core of the First Amendment. Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups,...

Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues...

A classic in American constitutional history, Max Farrand's famous account of the Federal Convention presents a vivid analysis of the conditions, the convictions, and the men who framed the Constitution of the United States. This basic work clarifies...

Is the American judiciary still the least dangerous branch, as Alexander Hamilton and legal scholar Alexander Bickel characterized it? Unlike legislatures or administrative agencies, courts do not make policy so much as direct and redirect policy as it...

Zingo examines the conflicts inherent in restricting hate speech-the controversial speech codes-and freedom of expression as it affects the lives and rights of gay men and lesbians. While much has been written on speech code restrictions having to do...

Striking a balance between the aspirations of individual freedom and the demands of organized society is a central quest of constitutional law. Germany and America provide different paths toward accomplishment of this equilibrium, revealing two paths to...

Cohen v. Cowles Media Company changed the course of First Amendment media law. After a quarter century of decisions interpreting the First Amendment to give media organizations preferential treatment, the Supreme Court ruled in 1991 that the Constitution...

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...

Using an innovative history of the constitutional right to privacy, and inspired by Emersonian Justices like Brandeis and Douglas, this book rescues the meaning of privacy from prevalent liberal thinking by proposing a general theory of rights based on a...

Beginning with colonial times and moving to the present, Otten examines women's struggle for social, economic, political, and civic equality, using key Supreme Court decisions as the basis for chronicling the changing position of women in American...

Here is a comprehensive account of the U.S. constitution--including its evolution and its impact on shaping American government and political representation. In eight fact-filled chapters, the authors carefully explore the U.S. Constitution's role...

Interpreting The Constitution doesn't fit neatly into the extensive literature on judicial review and constitutional interpretation that reconciles judicial review with democracy defined as majority rule. Indeed, Chemerinsky criticizes this method of...

When an economic collapse, natural disaster, epidemic outbreak, terrorist attack, or internal crisis puts a country in dire need, governments must rise to the occasion to protect their citizens, sometimes employing the full scope of their powers. How do...

Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, supranational infrastructures of human rights and trade law, and...

In recent years, some have asked "Are we all originalists now?" and many have assumed that originalists have a monopoly on concern for fidelity in constitutional interpretation. In Fidelity to Our Imperfect Constitution, James Fleming rejects...

The Agnostic Age: Law, Religion, and the Constitution is a book for lawyers, law professors, law students, lawmakers, and any citizen who cares about church-state conflict and about the relationship between religion and liberal democracy. It provides a...

In States of Passion: Law, Identity and the Social Construction of Desire, Professor Yvonne Zylan explores the role of legal discourse in shaping sexual experience, sexual expression, and sexual identity. The book focuses on three topics: anti-gay hate...

As constitutional law globalizes, the quest for a common grammar or 'generic constitutional law' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of...

Recognised tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen?...

The European Union has committed itself to combating racism as a general objective of law and policy. EU legislation requires Member States to introduce laws prohibiting racial discrimination in many aspects of everyday life, including employment,...

What role should courts play in a modern democracy? How should fundamental provisions of a democratic constitution be interpreted? These questions have divided constitutional theorists and those responsible for interpreting and applying constitutional...

In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the...

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As the millennium draws to a close, it is clear that equality between men and women remains a pipe-dream. Thus argues Sandra Fredman in her stimulating, new book on women and the law. Women's pay still lags significantly behind that of men; and women...

The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for...