Download or read book Encounters with Constitutional Interpretation and Legal Education written by James Stellios and published by . This book was released on 2018-02-19 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do constitutional interpretation and legal education have in common?For one thing, they share the same tension between theory and practice, between form and substance, between process and outcomes, between constancy and change, and between local and comparative perspectives. Each also has a substratum of fundamental underlying values that demand, but do not always receive, clear articulation.For another thing, they have both been the subject of illuminating examination by Michael Coper over the course of a long and distinguished career.An extraordinary group of authors, including Justice Stephen Gageler, the Hon Michael Kirby and Sir Anthony Mason, come together in this book to celebrate Coper's achievement, and take his various contributions as a jumping off point for their own further scholarly insights.From the gripping story of the revolution that swept away the old law on section 92 of the Constitution, to the endemic conflict in the judicial process between legalism and realism, to the never-ending controversy about the Dismissal, to perceiving the world and organising legal knowledge in new ways through biography and oral history, to the role of educators in shaping the views and values of newcomers to this knowledge, this book contains over a dozen sparkling essays by some of Australia's most renowned and respected lawyers, as well as a substantial reflective commentary by Michael Coper himself.An intellectual feast!
Download or read book Contemporary Perspectives On Constitutional Interpretation written by Susan J Brison and published by Routledge. This book was released on 2018-03-08 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U.S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation. This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential contemporary work in this area. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretive approaches, reflecting different political orientations from the far right to the far left. These theorists have drawn on a variety of other disciplines, including literature, economics, history, philosophy, and politics, and have in turn influenced these fields. The selections were chosen for their accessibility, originality, variety, and importance. Together they provide an excellent introduction to constitutional interpretation as well as a valuable collection for experienced scholars in the field.
Download or read book Constitutional Interpretation written by Keith E. Whittington and published by . This book was released on 1999 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.
Download or read book Two Studies in Constitutional Interpretation written by Telford Taylor and published by . This book was released on 1969 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Interpretation written by Sotirios A. Barber and published by OUP USA. This book was released on 2007-06-07 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The presuppositions of constitutional interpretation -- The principal questions of constitutional interpretation -- The principal features of the American constitutional order : the positive constitutionalism of The federalist -- Approaches to constitutional interpretation -- Textualism and consensualism -- Narrow originalism/intentionalism -- Broad originalism -- Structuralism -- Doctrinalism and minimalism -- The philosophic approach -- Pragmatism -- Epilogue: a fusion of approaches to constitutional interpretation.
Download or read book Interpreting the Constitution written by Jack N. Rakove and published by . This book was released on 1990 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: A variety of views that survey the debate over the extent to which the intentions of the Constitution's framers should be used in contemporary adjudication.
Download or read book Two Studies in Constitutional Interpretation written by Telford Taylor (juriste) and published by . This book was released on 1969 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Interpretation written by Jeffrey M. Shaman and published by Bloomsbury Publishing USA. This book was released on 2000-11-30 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyzes the process of constitutional interpretation, that is, the methodology by which the Supreme Court goes about interpreting the Constitution, and offers a comprehensive view of constitutional law through the lens of history, political science, and jurisprudence. Shaman examines the practice of creating meaning for the Constitution, the dichotomy of legal formalism and realism, the levels of judicial scrutiny, the perception of reality, and the puzzle of legislative motive. While the book traces the historical development of constitutional law, its main focus is on modern jurisprudence, including analyses of the major themes of constitutional interpretation developed by the Warren, Burger, and Rehnquist Courts. Shaman details the Warren Court's move to a more realistic jurisprudence and its development of a multi-level system of judicial review that has become increasingly more complex under the Burger and Rehnquist Courts. He critiques the Supreme Court's reversion in recent years to an old-fashioned formalistic jurisprudence and the growing tendency of the Court to look to the past rather than to future to interpret the Constitution. The book also includes discussion of recent major doctrinal developments such as constitutional theory underlying Supreme Court decisions on gender discrimination, discrimination on the basis of sexual preference, the right to die, abortion, and freedom of speech.
Download or read book Against the Law written by Paul F. Campos and published by Duke University Press. This book was released on 1996 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion--an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception. Linked by a persistent inquiry into the nature and identity of "the law," these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value--that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented. In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.
Download or read book On Constitutional Ground written by John Hart Ely and published by Princeton University Press. This book was released on 1996-08-05 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Hart Ely is a leading contemporary writer on political theory from the standpoint of American constitutional law. This collection covers a full range of topics of constitutional interpretation: federalism, separation of powers, freedom of expression, religious freedom, criminal procedure, racial discrimination, "substantive due process," and honesty in government. Organized under these heads and linked by the author's witty explanatory and autobiographical remarks, the essays and other documents--many previously unpublished in any forum--range chronologically over the past three decades, from memoranda he wrote as a student working with lead counsel Abe Fortas on the landmark case of Gideon v. Wainwright to a comment on the constitutional implications of the O. J. Simpson verdict. Before beginning his academic career, Ely was the junior member of the Warren Commission's sixteen-lawyer staff, Chief Justice Earl Warren's law clerk, and a public defender in San Diego; and during the Ford Administration he took time off to serve as the third-ranking official of the U.S. Department of Transportation. This book reflects his various experience. It comments on many of the past quarter century's "hot button" issues--including abortion, affirmative action, anti-Communist legislation, busing, flag burning, governmental display of nativity scenes, the Nixon impeachment, "trial by newspaper," the Clarence Thomas-Anita Hill contretemps, congressionally unauthorized war in the Persian Gulf and Bosnia, and whether the Warren Commission Report should be officially reexamined.
Download or read book Saving the Constitution from Lawyers written by Robert J. Spitzer and published by Cambridge University Press. This book was released on 2008-04-07 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a sweeping indictment of the legal profession in the realm of constitutional interpretation. The adversarial, advocacy-based American legal system is well suited to American justice, in which one-sided arguments collide to produce a just outcome. But when applied to constitutional theorizing, the result is selective analysis, overheated rhetoric, distorted facts, and overstated conclusions. Such wayward theorizing finds its way into print in the nation's over 600 law journals – professional publications run by law students, not faculty or other professionals – and peer review is almost never used to evaluate worthiness. The consequences of this system are examined through three timely cases: the presidential veto, the 'unitary theory' of the president's commander-in-chief power, and the Second Amendment's 'right to bear arms'. In each case, law reviews were the breeding ground for defective theories that won false legitimacy and political currency. This book concludes with recommendations for reform.
Download or read book Constitutional Interpretation Rights of the Individual Volume 2 written by Craig R. Ducat and published by Cengage Learning. This book was released on 2012-03-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the best-known, most comprehensive, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL INTERPRETATION, VOLUME II, Tenth Edition, is updated to reflect current issues and cases relevant to students. CONSTITUTIONAL INTERPRETATION, VOLUME II is known for offering a good balance between textual explanation and edited court cases but is written in clear, concise language. The text is popular with instructors because it explains difficult concepts extensively and clearly. In addition, each chapter possesses a stand-alone quality which gives the instructor freedom to use whatever he or she wishes, by chapter and within chapters. Major cases, notes, and charts support the text so students can clearly see how one concept relates to another. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Download or read book Vagaries and Varieties in Constitutional Interpretation written by Thomas Reed Powell and published by . This book was released on 2012-10 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic study of historical and then-emerging ways in which the U.S. Constitution has been interpreted and applied, especially as regards judicial power to review congressional acts, sharing of power between states and the federal government, Lochnerism, changes to the Supreme Court during the Roosevelt years, taxing power, and interstate commerce. Quid Pro's new presentation makes the work accessible. Thomas Reed Powell presented these insights first as lectures at Columbia Law School. Their enduring nature and historical insider-ness makes them of continuing interest to law professors and students, historians, and political scientists who see constitutional structure-and not only rights and liberties-as crucial to understanding politics, the federal-state balance, and the infusion of government into economic life. Powell was valued not only in law but also taught political science; he edited political journals, seeing pragmatic approaches to constitutional questions that went beyond legal doctrine. His writing style is pithy, witty, and straightforward. Summing up a career of constitutional scholarship in six insightful lectures, Powell turned the resulting book into his legacy. The Legal Legends edition from Quid Pro Books features modern formatting and presentation-but also embeds the original book's pagination, for continuity and proper referencing. It includes new Notes of the Series Editor by Steven Alan Childress, J.D., Ph.D., a senior law professor at Tulane University.
Download or read book Constitutional Interpretation written by Craig R. Ducat and published by Wadsworth Publishing Company. This book was released on 2000 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a classic, comprehensive, authoritative approach to constitutional law. Volume I (Chapters 1-6) focuses on federal rights and powers and is appropriate for the first semester in the two-semester course sequence in Constitutional Law. Still the comprehensive casebook that has proven itself in the classroom, this new edition has been thoroughly updated to reflect the latest court cases.
Download or read book Saving the Constitution from Lawyers written by Distinguished Service Professor of Political Science Robert J Spitzer and published by . This book was released on 2014-05-14 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Interpretation written by Craig R. Ducat and published by Wadsworth Publishing Company. This book was released on 1996-09 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This annual for-sale supplement was designed to accompany Constitutional Interpretation by Ducat. It contains the most important court cases decided through the 1996 court session cross-referenced to the main text. Each edited case is 3-5 pages in length and is accompanied by a 1-2 page commentary by the author. Charts make studying and comparing individual cases easier.
Download or read book Constitutional Law for a Changing America written by Lee Epstein and published by Cq Press. This book was released on 2010-05-01 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt:
