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 Conservatives in an Age of Change written by James A. Reichley and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1969 to 1977 the executive branch of the U.S. government was dominated by politicians and their advisers who called themselves "conservatives." In their speeches they professed belief in such values and institutions as social order, military strength, market capitalism, governmental decentralization, and traditional morality. But did these social ideas have much influence on their actual policy decisions? Or were their decisions, as some observers have argued, largely based on personal ambition, partisan interest, and pragmatic response to the day-to-day problems of government? To answer these questions, A. James Reichley examines the effects of conservative ideology on the formation of specific administration policies under the presidencies of Richard Nixon and Gerald Ford. The policies covered include the development of detente with the Soviet Union, welfare reform, revenue sharing, resistance to "busing," the imposition of wage and price controls in 1971, and governmental reorganization under Nixon; and, under Ford, adjustment to the rise of the third world and problems with detente, the drive for decontrol of oil prices, and the fight against inflation. In the last chapter Reichley considers whether the Nixon and Ford administrations can be truly described as conservative, and suggests what the future role of conservatism in American politics is likely to be.

Download or read book Records and Briefs of the United States Supreme Court written by and published by . This book was released on 1832 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Perilous Times written by Geoffrey R. Stone and published by W. W. Norton & Company. This book was released on 2004 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.

Download or read book California Court of Appeal 1st Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Ideas with Consequences written by Amanda Hollis-Brusky and published by Studies in Postwar American Po. This book was released on 2015 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level.

Download or read book California Supreme Court Records and Briefs written by California (State). and published by . This book was released on with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Court of Appeal 6th Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Received document entitled: APPLICATION FOR PERMISSION TO FILE AMICUS CURIAE

Download or read book California Court of Appeal 4th Appellate District Division 2 Records and Briefs written by California (State). and published by . This book was released on with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Received document entitled: APPLICATION FOR PERMISSION TO FILE BRIEF AMICUS CURIAE

Download or read book Integrating Schools in a Changing Society written by Erica Frankenberg and published by Univ of North Carolina Press. This book was released on 2011-11-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this comprehensive volume, a roster of leading scholars in educational policy and related fields offer eighteen essays seeking to illuminate new ways for American public education to counter persistent racial and socioeconomic inequality in our society. Contributors to Integrating Schools in a Changing Society draw on extensive research to reinforce the key benefits of racially integrated schools, examine remaining options to pursue multiracial integration, and discuss case examples that suggest how to build support for those efforts.

Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2002 with total page 1248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Cato Supreme Court Review 2012 2013 written by Ilya Shapiro and published by Cato Institute. This book was released on 2013-10-01 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published every September in celebration of Constitution Day, the Cato Supreme Court Review brings together leading legal scholars to analyze the most important cases of the Court's most recent term. It is the first scholarly review to appear after the term's end and the only on to critique the court from a Madisonian perspective. This year's review looks at the Supreme Court's recent decisions involving international human rights, racial preferences in high education, and the Voting Rights Act, as well as cutting edge issues of criminal procedure, property rights, and class actions. There's also a point-counterpoint on the patenting of human genes. Finally, the Review will analyze this term’s gay rights cases, one challenging the Defense of Marriage Act and the other taking up California’s Proposition 8.

Download or read book California Court of Appeal 3rd Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Harvard Law Review Volume 125 Number 1 November 2011 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2011-11-22 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition for ereaders, featuring active Table of Contents, linked footnotes and cross-references, legible tables, and proper ebook formatting. The Review generally publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts. Most student writing takes the form of Notes, Recent Cases, Recent Legislation, and Book Notes. This current issue of the Review is November 2011, the first issue of academic year 2011-2012 (Volume 125). The November issue is the special annual review of the Supreme Court's previous term. Each year, the issue is introduced by noteworthy and extensive articles from recognized scholars. In this issue, the Foreword is authored by Dan Kahan, and examines the idea of "neutral" judicial review and the Supreme Court's methodology of constitutional decisionmaking and establishment of precedent, as well as the problem of motivated cognition, particularly in light of notable cases from the 2010 Term. An article by Judith Resnik offers an extensive Comment on three recent notable cases: Wal-Mart v. Dukes, AT&T v. Concepcion, and Turner v. Rogers. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, on a wide range of legal, political and constitutional subjects. This issue surveys, in a series of case notes, the 2010 Term. Finally, the issue includes statistical summaries and tables of the 2010 Term, and recent book notes.

Download or read book Grutter Versus Bollinger 2003 written by United States. Supreme Court and published by . This book was released on 2004 with total page 1420 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Against Citizenship written by Amy L Brandzel and published by University of Illinois Press. This book was released on 2016-04-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous activists and scholars have appealed for rights, inclusion, and justice in the name of "citizenship." Against Citizenship provocatively shows that there is nothing redeemable about citizenship, nothing worth salvaging or sustaining in the name of "community," practice, or belonging. According to Brandzel, citizenship is a violent dehumanizing mechanism that makes the comparative devaluing of human lives seem commonsensical, logical, and even necessary. Against Citizenship argues that whenever we work on behalf of citizenship, whenever we work toward including more types of peoples under its reign, we inevitably reify the violence of citizenship against nonnormative others. Brandzel's focus on three legal case studies--same-sex marriage law, hate crime legislation, and Native Hawaiian sovereignty and racialization--exposes how citizenship confounds and obscures the mutual processes of settler colonialism, racism, sexism, and heterosexism. In this way, Brandzel argues that citizenship requires anti-intersectionality, that is, strategies that deny the mutuality and contingency of race, class, gender, sexuality, and nation--and how, oftentimes, progressive left activists and scholars follow suit. Against Citizenship is an impassioned plea for a queer, decolonial, anti-racist coalitional stance against the systemized human de/valuing and anti-intersectionalities of citizenship.

Download or read book California Court of Appeal 5th Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: