A History of the American Constitution

Author: Daniel A. Farber,Suzanna Sherry

Publisher: West Academic Publishing

ISBN: 9780314152152

Category: Law

Page: 649

View: 6755

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Among both judges and academics, one of the hottest issues in constitutional law is the role of "original intent." Almost everyone agrees that it is important, and some scholars and judges believe it should be the most important factor in constitutional law. To think about these issues intelligently, law students need to have ready access to the historical materials so they can see how the Framers of the Constitution thought about critical issues. Yet the original source materials fill many volumes. Writings by historians also fill many bookshelves. Just as the traditional casebook selects and condenses materials from the court reports to make them useful for law students, this book does the same thing for the historical evidence of original intent. There is no other source that covers this range of materials, combined with concise overviews of the best understanding of the historical context. Only this book gives students a cogent introduction to the history behind the Constitution and its major amendments, so they can form their own judgments about the "original understanding" and its relevance to modern constitutional law.

Processes of Constitutional Decisionmaking

Author: Paul Brest

Publisher: Wolters Kluwer Law & Business

ISBN: 1454829117

Category: Law

Page: 1638

View: 1189

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Extraordinary team of authors traces the historical, political, and social development of constitutional law. Considers constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. Updated to include all new developments in the field. Delivers strong chapters on the constitutional treatment of sex equality, race, civil rights, separation of powers, and federalism. Features: Coverage of the Health Care Case (NFIB v.Sebelius) and Shelby County v. Holder New materials on sexual orientation, race, and gender. Completely revised materials on sexual autonomy and abortion. Coverage of Second Amendment rights. Coverage of new developments in executive power and national security law. Increased coverage of the history of important political and social movements and their effects on American constitutional development. Expansion of the rich historical materials for which the casebook is famous--including new materials on the formation of the Constitution, the early Republic, the legislative history of the Fourteenth Amendment, the Gilded Age, and the constitutional struggle over the New Deal

Introduction to American Constitutional Law

Structure and Rights

Author: William F. Funk

Publisher: West Academic Publishing

ISBN: 9780314282798

Category: Law

Page: 1231

View: 525

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This title is a part of our CasebookPlus(tm) offering as ISBN 9781634595155. Learn more at CasebookPlus.com. Unlike most constitutional law books, this book does not assume that the students have any particular knowledge of American history, government, or law, so it begins with a rich introductory chapter to provide students with a necessary foundation for the rest of the material. Thereafter, it supplements the familiar cases with historical context and pictures and biographies of current and famous justices adjacent to their opinions. It makes the traditional canon accessible and enjoyable to the current generation. Easily covered over two semesters, the book manages through careful case selection to avoid drastic editing of all but the longest cases.

The Changing Face of Government Information

Providing Access in the Twenty-First Century

Author: Suhasini L. Kumar

Publisher: Routledge

ISBN: 1136444033

Category: Computers

Page: 310

View: 9080

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Learn what innovative changes lie in the future of government information The Changing Face of Government Information comprehensively examines the way government documents’ librarians acquire, provide access, and provide reference services in the new electronic environment. Noted experts discuss the impact electronic materials have had on the Government Printing Office (GPO), the reference services within the Federal Depository Library Program (FDLP), and the new opportunities in the transition from paper-based information policy to an electronic e-government. This source reveals the latest changes in the field of government documents librarianship and the knowledge and expertise needed to teach users how to access what they need from this enormous wealth of government information. Major changes have taken place in the way government information is created, disseminated, accessed, and preserved. The Changing Face of Government Information explains in detail the tremendous change taking place in libraries and government documents librarianship. Topics include the increasing accessibility to the federally funded technical report literature, information on the Patriot Act’s effect on the status of libraries in the aftermath of 9/11, the uses of Documents Data Miner©, and information about catalogs, indexes, and full text databases. This book also provides a selective bibliography of print and electronic sources about Native Americans and the Federal Government, as well as specific sources for information about the environment, such as EPA air data, DOE energy information, information on flora and fauna, hazardous waste, land use, and water. Each chapter is extensively referenced and several chapters use appendixes, tables, and charts to ensure understanding of data. This useful book gives readers the opportunity to learn: how the University of Oregon successfully integrated its business reference service and map collection into its government documents collection the results of a survey of FDLP institutions identifying the factors contributing to the reorganization of services details of the pilot project undertaken by the University of Arizona Library along with the United States Government Printing Office’s Library Programs Service to create a model for a virtual depository library which critical features are missing in today’s e-government reference service models details of the GPO’s plans to provide perpetual access to both electronic and tangible information resources—and the strategies to authenticate government publications on the Internet The Changing Face of Government Information is stimulating, horizon-expanding reading for librarians, professors, students, and researchers.

Law in the United States

Author: Charles Abernathy

Publisher: West Academic Publishing

ISBN: 9780314267016

Category: Constitutional law

Page: 817

View: 1667

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The second edition of this casebook introduces foreign students, most trained in code-based law, to the unique American mix of common law, statutory materials, and constitutional law. Strongly emphasizing American legal methods and the influence of American history and culture on law in the United States, the book provides a rich array of teaching resources covering both public and private law. Following introductory chapters that cover the relations between important sources of law (common law, statutes, and constitutional law, including the hierarchy of various forms of law), succeeding chapters cover the major topics in constitutional law, civil procedure and jurisdiction, and private law (contracts, torts, and corporations). The book is especially appropriate for schools attempting to meet the new Master of Laws teaching requirements of the N.Y. Bar, and its emphasis on legal methods also makes it suitable for assignment in college-level courses.

Systemic Racism

A Theory of Oppression

Author: Joe Feagin

Publisher: Routledge

ISBN: 1134729073

Category: Social Science

Page: 366

View: 5201

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In this book, Feagin develops a theory of systemic racism to interpret the highly racialized character and development of this society. Exploring the distinctive social worlds that have been created by racial oppression over nearly four centuries and what this has meant for the people of the United States, focusing his analysis on white-on-black oppression. Drawing on the commentaries of black and white Americans in three historical eras; the slavery era, the legal segregation era, and then those of white Americans. Feagin examines how major institutions have been thoroughly pervaded by racial stereotypes, ideas, images, emotions, and practices. He theorizes that this system of racial oppression was not an accident of history, but was created intentionally by white Americans. While significant changes have occurred in this racist system over the centuries, key and fundamentally elements have been reproduced over nearly four centuries, and US institutions today imbed the racialized hierarchy created in the 17th century. Today, as in the past, racial oppression is not just a surface-level feature of society, but rather it pervades, permeates, and interconnects all major social groups, networks, and institutions across society.

Morality Imposed

The Rehnquist Court and Liberty in America

Author: Stephen E. Gottlieb

Publisher: NYU Press

ISBN: 9780814731284

Category: Law

Page: 342

View: 9715

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We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions? Stephen E. Gottlieb adopts a unique perspective on the decision-making of Supreme Court justices, blending and re-characterizing traditional accounts of political philosophy in a way that plausibly explains many of the justices' voting patterns. A seminal study of the Rehnquist Court, Morality Imposed illustrates how, in contrast to previous courts which took their mandate to be a move toward a freer and/or happier society, the current court evidences little concern for this goal, focusing instead on thinly veiled moral judgments. Delineating a fault line between liberal and conservative justices on the Rehnquist Court, Gottlieb suggests that conservative justices have rejected the basic principles that informed post-New Deal individual rights jurisprudence and have substituted their own conceptions of moral character for these fundamental principles. Morality Imposed adds substantially to our understanding of the Supreme Court, its most recent cases, and the evolution of judicial philosophy in the U.S.

The Oxford Handbook of Comparative Constitutional Law

Author: Michel Rosenfeld,András Sajó

Publisher: OUP Oxford

ISBN: 0191640174

Category: Law

Page: 1416

View: 2964

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The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the Oxford Handbook of Comparative Constitutional Law will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

The Tyranny of Tolerance

A Sitting Judge Breaks the Code of Silence to Expose the Liberal Judicial Assault

Author: Robert H. Dierker, Jr.

Publisher: Crown Forum

ISBN: 0307393569

Category: Social Science

Page: 288

View: 4663

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For the first time, a sitting judge blows the whistle on America’s out-of-control courts. A judge for more than twenty years, Robert Dierker has enjoyed a distinguished legal career. But now that career may be on the line. Why? Because he is breaking the code of silence that has long kept judges from speaking out to present a withering account of how radical liberals run roughshod over the Constitution, waging war on the laws of nature, the laws of reason, and the law of God. Even those outraged by America’s courts will be shocked by Judge Dierker’s story of activist judges, deep-pocketed special interest groups, pandering politicians, and others who claim to stand for tolerance, equal rights, and social justice, but actually stand for something quite different—something closer to totalitarianism. Citing not only Judge Dierker’s own experiences but dozens of other recent court cases, The Tyranny of Tolerance shows how the courts enable left-wing activists to ram their dangerous agenda down the throats of the American people. Consider: • Why do the courts claim the power to tax us? • Why is a Christian fired when he voices opposition to his employer’s favoring homosexuals? • Why are airline pilots sued and sent to “diversity training” for recommending that suspicious-looking people of Middle Eastern appearance be kept off planes? • Why does a judge who defends a monument to the Ten Commandments in a courthouse lose his job? • Why are speech codes imposed on employers, university students, lawyers (and judges!), while “artistic” indecency is protected from even the mildest regulation? • Why are peaceful abortion protesters thrown in jail, their right to free speech crushed? • Why are white and Asian students denied admission to colleges and universities in the name of “diversity”? • Why is an enemy fighter captured in Afghanistan granted access to U.S. federal courts, overturning judicial precedent safeguarding the president’s wartime powers—to say nothing of common sense? With this passionate insider’s account, Judge Dierker reminds Americans what’s at stake in the battle for the courts: the Constitution, the success of the war on terrorism, the freedom to worship God, the ability to keep our families safe, the institution of marriage, and much more. Fortunately, Judge Dierker shows how we can defeat the radical liberals’ tyranny of tolerance. By wresting back control of the courts and restoring the legal, moral, and religious principles embedded in the Constitution, we can ultimately reclaim the republic the Founders bequeathed to us. From the Hardcover edition.

Geschichte der Universität in Europa

Author: Walter Rüegg,Asa Briggs

Publisher: C.H.Beck

ISBN: 9783406369537

Category: Education, Higher

Page: 542

View: 1839

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Dieses auf vier Bände angelegte Werk ist eine Geschichte der "Institution Universität" in Europa von ihrer Entstehung im Mittelalter bis in die heutige Zeit und zugleich eine vergleichende Geschichte der europäischen Universitäten sowie der außereuropäischen Universitäten, die nach europäischem Muster gegründet worden sind. Es wird auf Initiative der europäischen Rektorenkonferenz (CRE), der über 500 wissenschaftliche Hochschulen in 27 europäischen Staaten angehören, von einem internationalen Komitee namhafter Wissenschaftler unter dem Vorsitz von Walter Rüegg (Schweiz) herausgegeben. Absicht dieses Gemeinschaftswerkes ist es, die gesellschaftlichen Rahmenbedingungen und Aufgaben, die Merkmale geistiger und institutioneller Identität, die Strukturen, Gestaltungen und Hauptprobleme der europäischen Universitäten in ihren geschichtlichen Grundlagen und Veränderungen, aber auch in ihren regionalen Unterschieden, auf dem heutigen Forschungsstand vergleichend und zusammenfassend darzustellen.

Constitutional Fate

Theory of the Constitution

Author: Philip Bobbitt

Publisher: Oxford University Press

ISBN: 0199878587

Category: Political Science

Page: 304

View: 2844

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Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.

The Right to the Assistance of Counsel

A Reference Guide to the United States Constitution

Author: James J. Tomkovicz

Publisher: Greenwood Publishing Group

ISBN: 9780313314483

Category: Law

Page: 258

View: 2258

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This superlative guide to the Sixth Amendment is the first to survey the legal guarantee of counsel's assistance since 1963's Gideon ruling.

Heart Beats

Everyday Life and the Memorized Poem

Author: Catherine Robson

Publisher: Princeton University Press

ISBN: 1400845157

Category: Literary Criticism

Page: 312

View: 8211

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Many people in Great Britain and the United States can recall elderly relatives who remembered long stretches of verse learned at school decades earlier, yet most of us were never required to recite in class. Heart Beats is the first book to examine how poetry recitation came to assume a central place in past curricular programs, and to investigate when and why the once-mandatory exercise declined. Telling the story of a lost pedagogical practice and its wide-ranging effects on two sides of the Atlantic, Catherine Robson explores how recitation altered the ordinary people who committed poems to heart, and changed the worlds in which they lived. Heart Beats begins by investigating recitation's progress within British and American public educational systems over the course of the nineteenth and twentieth centuries, and weighs the factors that influenced which poems were most frequently assigned. Robson then scrutinizes the recitational fortunes of three short works that were once classroom classics: Felicia Hemans's "Casabianca," Thomas Gray's "Elegy Written in a Country Churchyard," and Charles Wolfe's "Burial of Sir John Moore after Corunna." To conclude, the book considers W. E. Henley's "Invictus" and Rudyard Kipling's "If--," asking why the idea of the memorized poem arouses such different responses in the United States and Great Britain today. Focusing on vital connections between poems, individuals, and their communities, Heart Beats is an important study of the history and power of memorized poetry.

Contexts of the Constitution

A Documentary Collection on Principles of American Constitutional Law

Author: Neil Howard Cogan

Publisher: N.A

ISBN: N.A

Category: Law

Page: 824

View: 600

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Contexts of the Constitution provides the primary documents that frame the fundamental principles of American constitutional government. The documents are arranged by principle, including the principles of constitutionalism, equality and federalism and taken from their original sources. Contexts of the Constitution gives teachers of constitutional law, political theory and American history a usefully arranged, ready and accurate text for use as a primary text or supplement. It gives students of constitutional law access to documents that are referenced to -- or at least the context of -- decisions they are reading. It gives students of political science and hi story a useful primary collection for understanding fundamental principles.

The Constitution of the United States

Text, Structure, History, and Precedent, 2011 Supplement

Author: Michael Stokes Paulsen,Steven G. Calabresi,Michael W. McConnell,Samuel L. Bray

Publisher: Foundation Press

ISBN: 9781599419732

Category: Law

Page: 144

View: 1881

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This is the 2011 Supplement to Paulsen, Calabresi, McConneell, and Bray's The Constitution of the United States casebook.

Meine geliebte Welt

Author: Sonia Sotomayor

Publisher: C.H.Beck

ISBN: 3406659489

Category: Biography & Autobiography

Page: 349

View: 3235

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Aufgewachsen in der Bronx, Puertoricanerin, die Kindheit prekär, der Vater Alkoholiker, die Mutter überfordert – Sonia Sotomayor war es nicht gerade in die Wiege gelegt, eines Tages Richterin am höchsten Gericht der Vereinigten Staaten von Amerika zu werden. Mit einem großen Herzen und viel Humor erzählt diese Ausnahmefrau von ihrem Weg, aber nicht um sich dabei auf die Schulter zu klopfen, sondern um anderen Menschen mit ihrer eigenen Geschichte Mut zu machen. Ein hinreißendes, ansteckendes Buch über das Trotzdem und über die – wirklich wichtigen – Dinge des Lebens. „’Nach der Lektüre werden mich die Leser nach menschlichen Kriterien beurteilen’, schreibt Sonia Sotomayor. Wir, die wir in diesem Fall die Jury sind, finden sie einfach unwiderstehlich.“ Washingtonian „Überwältigende und stark geschriebene Memoiren zum Thema Identität und Persönlichkeitsfindung ... Offenherzig, scharf beobachtet und vor allem tief empfunden.“ The New York Times „Eine Frau, die weiß, wo sie herkommt und die die Kraft hat, uns dorthin mitzunehmen.“ The New York Times Book Review

Die Federalist papers

Author: Alexander Hamilton,James Madison,John Jay

Publisher: C.H.Beck

ISBN: 9783406547546

Category: Constitutional history

Page: 583

View: 1185

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