Download or read book The Second Creation written by Jonathan Gienapp and published by Harvard University Press. This book was released on 2018-10-09 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.

Download or read book Supreme Court Politics written by Susan Low Bloch and published by West Academic Publishing. This book was released on 1994 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed as the "main text" in a seminar on the Supreme Court or as supplemental reading for any course in constitutional law, American history, American government, or any course that encompasses a political science or history curriculum. Covers important Supreme Court topics, together with critical analytical commentary by thoughtful, experienced students of the Court.

Download or read book Federalism written by Vicki C. Jackson and published by Bloomsbury Publishing USA. This book was released on 2013-09-09 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the structure of our constitutional system of government, providing an overview of the constitutional history of American federalism as it has been developed in decisions of the United States Supreme Court. Federalism: A Reference Guide to the United States Constitution provides a thorough examination of this significant and distinctive part of the U.S. constitutional system, documenting its role in major domestic constitutional controversies in every period of American history. Although the book is organized historically rather than doctrinally, the marked evolutions of important areas of doctrine are addressed over time. These subject areas include the scope of Congress's power under the Commerce Clause, the scope of Congress's powers under the Fourteenth and other post-Civil War Amendments, the states' authority to regulate commercial and economic matters when Congress is silent, the principle of the supremacy of federal law and the law of preemption that follows from it, intergovernmental and sovereign immunities, the obligation of state courts to enforce federal law, and the scope of national power to regulate or impose obligations on the states.

Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Democracy by the People written by Timothy K. Kuhner and published by Cambridge University Press. This book was released on 2018-11-29 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces citizens to solutions for reforming the American campaign finance system.

Download or read book Deciding to Decide written by H. W. Perry and published by Harvard University Press. This book was released on 2009-06-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.

Download or read book Scalia Speaks written by Antonin Scalia and published by Forum Books. This book was released on 2017-10-03 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This definitive collection of beloved Supreme Court Justice Antonin Scalia's finest speeches covers topics as varied as the law, faith, virtue, pastimes, and his heroes and friends. Featuring a foreword by longtime friend Justice Ruth Bader Ginsburg and an intimate introduction by his youngest son, this volume includes dozens of speeches, some deeply personal, that have never before been published. Christopher J. Scalia and the Justice's former law clerk Edward Whelan selected the speeches. Americans have long been inspired by Justice Scalia’s ideas, delighted by his wit, and instructed by his intelligence. He was a sought-after speaker at commencements, convocations, and events across the country. Scalia Speaks will give readers the opportunity to encounter the legendary man more fully, helping them better understand the jurisprudence that made him one of the most important justices in the Court's history and introducing them to his broader insights on faith and life.

Download or read book The Law of Democracy written by Samuel Issacharoff and published by . This book was released on 2002 with total page 1286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, and the book employs a variety of methods - historical, comparative, theoretical, doctrinal - to explore foundational questions in the theory and practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.

Download or read book You Are Not American written by Amanda Frost and published by Beacon Press. This book was released on 2021-01-26 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for the Mark Lynton History Prize Citizenship is invaluable, yet our status as citizens is always at risk—even for those born on US soil. Over the last two centuries, the US government has revoked citizenship to cast out its unwanted, suppress dissent, and deny civil rights to all considered “un-American”—whether due to their race, ethnicity, marriage partner, or beliefs. Drawing on the narratives of those who have struggled to be treated as full members of “We the People,” law professor Amanda Frost exposes a hidden history of discrimination and xenophobia that continues to this day. The Supreme Court’s rejection of Black citizenship in Dred Scott was among the first and most notorious examples of citizenship stripping, but the phenomenon did not end there. Women who married noncitizens, persecuted racial groups, labor leaders, and political activists were all denied their citizenship, and sometimes deported, by a government that wanted to redefine the meaning of “American.” Today, US citizens living near the southern border are regularly denied passports, thousands are detained and deported by mistake, and the Trump administration is investigating the citizenship of 700,000 naturalized citizens. Even elected leaders such as Barack Obama and Kamala Harris are not immune from false claims that they are not citizens eligible to hold office. You Are Not American grapples with what it means to be American and the issues surrounding membership, identity, belonging, and exclusion that still occupy and divide the nation in the twenty-first century.

Download or read book The First Amendment and the Business Corporation written by Ronald J. Colombo and published by . This book was released on 2015 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the business corporation in modern society is a controversial one. Some fear and object to corporate power and influence over governments and culture. Others embrace the corporation as a counterweight to the State and as a vehicle to advance important private objectives. A flashpoint in this controversy has been the First Amendment to the U.S. Constitution, which enshrines the fundamental rights of freedom to speech, religion, and association. The extent to which a corporation can avail itself of these rights goes a long way in defining the corporation's role. Those who fear the corporation wish to see these rights restricted, while those who embrace it wish to see these rights recognized. The First Amendment and the Business Corporation explores the means by which the debate over the First Amendment rights of business corporations can be resolved. By recognizing that corporations possess constitutionally relevant differences, we discover a principled basis by which to afford some corporations the rights and protections of the First Amendment but not others. This is critically important, because a "one-size-fits-all" approach to corporate constitutional rights seriously threatens either democratic government or individual liberty. Recognizing rights where they should not be recognized unnecessarily augments the already considerable power and influence that corporations have in our society. However, denying rights where they are due undermines the liberty of human beings to create, patronize, work for, and invest in companies that share their most cherished values and beliefs.

Download or read book Supreme Court Practice written by Robert L. Stern and published by . This book was released on 1950 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Claim of Privilege written by Barry Siegel and published by Harper Collins. This book was released on 2009-10-13 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: On October 6, 1948, a U.S. Air Force B-29 Superfortress crashed soon after takeoff, killing three civilian engineers and six crew members. In June 1949, the engineers' widows filed suit against the government, determined to find out what exactly had happened to their husbands and why the three civilians had been on board the airplane in the first place. But it was the dawn of the Cold War and the Air Force refused to hand over any documents, claiming they contained classified information. The legal battle ultimately reached the Supreme Court, which in 1953 handed down a landmark decision that would, in later years, enable the government to conceal gross negligence and misconduct, block troublesome litigation, and detain criminal suspects without due-process protections. Claim of Privilege is a mesmerizing true account of a shameful incident and its lasting impact on our nation—the gripping story of a courageous fight to right a past wrong and a powerful indictment of governmental abuse in the name of national security.

Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Download or read book A Guide to Federal Agency Rulemaking written by Jeffrey S. Lubbers and published by American Bar Association. This book was released on 2006 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise but thorough resource, the guide provides a time-saving reference for the latest case law, and the most recent legislation affecting rulemaking.

Download or read book Tort Law in America written by G. Edward White and published by Oxford University Press, USA. This book was released on 2003 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.

Download or read book Reading Law written by Antonin Scalia and published by West Publishing Company. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.