Download or read book Courts and the Culture Wars written by Bradley C. S. Watson and published by Lexington Books. This book was released on 2002 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brings together some of America's most distinguished names in constitutional theory and practice to consider the impact of judicial engagement in moral, religious, and cultural realms - including school prayer, abortion, homosexual rights, expressive speech - and the threat the judiciary poses to the very legitimacy of the American republic regime.

Download or read book Is Administrative Law Unlawful written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Download or read book Many Roads to Justice written by Mary E. McClymont and published by . This book was released on 2000 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to convey some of the challenges that those wielding the law for social change purposes have faced and the successes they have achieved. By intention, it is more a studied appreciation than a critical analysis of their efforts. We asked an international team of consultants to help us document and describe how various law-based strategies have worked in very different settings, to draw out connections between those efforts, and to highlight some of the insights that emerge from grantees' experiences in law-related work. We also asked them to help us learn more about the ways the Foundation has played a role in these efforts. Known as the Global Law Programs Learning Initiative (GLPLI), this effort is not definitive, but rather suggestive. Our goal is to contribute to more serious future reflection and, ultimately, more effective programs in this field.

Download or read book Chimpanzee Rights written by Kristin Andrews and published by Routledge. This book was released on 2018-08-30 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2013, an organization called the Nonhuman Rights Project has brought before the New York State courts an unusual request—asking for habeas corpus hearings to determine whether Kiko and Tommy, two captive chimpanzees, should be considered legal persons with the fundamental right to bodily liberty. While the courts have agreed that chimpanzees share emotional, behavioural, and cognitive similarities with humans, they have denied that chimpanzees are persons on superficial and sometimes conflicting grounds. Consequently, Kiko and Tommy remain confined as legal "things" with no rights. The major moral and legal question remains unanswered: are chimpanzees mere "things", as the law currently sees them, or can they be "persons" possessing fundamental rights? In Chimpanzee Rights: The Philosophers’ Brief, a group of renowned philosophers considers these questions. Carefully and clearly, they examine the four lines of reasoning the courts have used to deny chimpanzee personhood: species, contract, community, and capacities. None of these, they argue, merits disqualifying chimpanzees from personhood. The authors conclude that when judges face the choice between seeing Kiko and Tommy as things and seeing them as persons—the only options under current law—they should conclude that Kiko and Tommy are persons who should therefore be protected from unlawful confinement "in keeping with the best philosophical standards of rational judgment and ethical standards of justice." Chimpanzee Rights: The Philosophers’ Brief—an extended version of the amicus brief submitted to the New York Court of Appeals in Kiko’s and Tommy’s cases—goes to the heart of fundamental issues concerning animal rights, personhood, and the question of human and nonhuman nature. It is essential reading for anyone interested in these issues.

Download or read book Fight of the Century written by Viet Thanh Nguyen and published by Avid Reader Press / Simon & Schuster. This book was released on 2021-01-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American Civil Liberties Union partners with award-winning authors Michael Chabon and Ayelet Waldman in this “forceful, beautifully written” (Associated Press) collection that brings together many of our greatest living writers, each contributing an original piece inspired by a historic ACLU case. On January 19, 1920, a small group of idealists and visionaries, including Helen Keller, Jane Addams, Roger Baldwin, and Crystal Eastman, founded the American Civil Liberties Union. A century after its creation, the ACLU remains the nation’s premier defender of the rights and freedoms guaranteed by the Constitution. In collaboration with the ACLU, authors Michael Chabon and Ayelet Waldman have curated an anthology of essays “full of struggle, emotion, fear, resilience, hope, and triumph” (Los Angeles Review of Books) about landmark cases in the organization’s one-hundred-year history. Fight of the Century takes you inside the trials and the stories that have shaped modern life. Some of the most prominent cases that the ACLU has been involved in—Brown v. Board of Education, Roe v. Wade, Miranda v. Arizona—need little introduction. Others you may never even have heard of, yet their outcomes quietly defined the world we live in now. Familiar or little-known, each case springs to vivid life in the hands of the acclaimed writers who dive into the history, narrate their personal experiences, and debate the questions at the heart of each issue. Hector Tobar introduces us to Ernesto Miranda, the felon whose wrongful conviction inspired the now-iconic Miranda rights—which the police would later read to the man suspected of killing him. Yaa Gyasi confronts the legacy of Brown v. Board of Education, in which the ACLU submitted a friend of- the-court brief questioning why a nation that has sent men to the moon still has public schools so unequal that they may as well be on different planets. True to the ACLU’s spirit of principled dissent, Scott Turow offers a blistering critique of the ACLU’s stance on campaign finance. These powerful stories, along with essays from Neil Gaiman, Meg Wolitzer, Salman Rushdie, Ann Patchett, Viet Thanh Nguyen, Louise Erdrich, George Saunders, and many more, remind us that the issues the ACLU has engaged over the past one hundred years remain as vital as ever today, and that we can never take our liberties for granted. Chabon and Waldman are donating their advance to the ACLU and the contributors are forgoing payment.

Download or read book The Rights Revolution written by Charles R. Epp and published by University of Chicago Press. This book was released on 1998-10-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.

Download or read book Cato Handbook for Policymakers written by Cato Institute and published by Cato Institute. This book was released on 2008 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.

Download or read book The History of the Common Law of England written by Matthew Hale and published by . This book was released on 1820 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book America s Heritage written by Herbert W. Titus and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The American Civil Liberties Union written by Samuel Walker and published by Routledge. This book was released on 2021-03-19 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its founding after World War I, the American Civil Liberties Union has become an integral part of American society. The history of the ACLU parallels the extension of civil rights and liberties in the United States. With a total of 1454 entries spanning almost three quarters of a century, this annotated bibliography provides an important research tool for scholars, attorneys, and policy analysts. The author has organized the work into six chapters: general works concerning the ACLU, the history of the organization, contemporary and related civil liberties issues, ACLU leaders, and resources to guide scholars.

Download or read book Commentaries on American Law written by James Kent and published by . This book was released on 1826 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Download or read book The Crisis of Church and State 1050 1300 written by Brian Tierney and published by University of Toronto Press. This book was released on 1988-01-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Introduction: We need not be surprised, then, that in the Middle Ages also there were rulers who aspired to supreme political and temporal power. The truly exceptional thing is that in medieval times there were always at least two claimants to the role, each commanding a formidable apparatus of government, and that for century after century neither was able to dominate the other completely, so that the duality persisted, was eventually rationalized in works of political theory and ultimately built into the structure of European society. This situation profoundly influenced the development of Western constitutionalism.

Download or read book Super PACs written by Louise I. Gerdes and published by Greenhaven Publishing LLC. This book was released on 2014-05-20 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of Citizens United by the Supreme Court in 2010 sparked a renewed debate about campaign spending by large political action committees, or Super PACs. Its ruling said that it is okay for corporations and labor unions to spend as much as they want in advertising and other methods to convince people to vote for or against a candidate. This book provides a wide range of opinions on the issue. Includes primary and secondary sources from a variety of perspectives; eyewitnesses, scientific journals, government officials, and many others.

Download or read book Corporate labor Communications written by and published by . This book was released on 1984 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Historia Placitorum Coronae written by Matthew Hale and published by . This book was released on 1847 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: