On The 100th Anniversary Of Lochner V New York

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An Entrenched Legacy

Author : Patrick M. Garry
Publisher : Penn State Press
ISBN 13 : 0271075619
Total Pages : 163 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis An Entrenched Legacy by : Patrick M. Garry

Download or read book An Entrenched Legacy written by Patrick M. Garry and published by Penn State Press. This book was released on 2015-10-27 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Entrenched Legacy takes a fresh look at the role of the Supreme Court in our modern constitutional system. Although criticisms of judicial power today often attribute its rise to the activism of justices seeking to advance particular political ideologies, Patrick Garry argues instead that the Supreme Court’s power has grown mainly because of certain constitutional decisions during the New Deal era that initially seemed to portend a lessening of the Court’s power. When the Court retreated from enforcing separation of powers and federalism as the twin structural protections for individual liberty in the face of FDR’s New Deal agenda, it was inevitably drawn into an alternative approach, substantive due process, as a means for protecting individual rights. This has led to many controversial judicial rulings, particularly regarding the recognition and enforcement of privacy rights. It has also led to the mistaken belief that the judiciary serves as the only protection of liberty and that an inherent conflict exists between individual liberty and majoritarian rule. Moreover, because the Court has assumed sole responsibility for preserving liberty, the whole area of individual rights has become highly centralized. As Garry argues, individual rights have been placed exclusively under judicial jurisdiction not because of anything the Constitution commands, but because of the constitutional compromise of the New Deal. During the Rehnquist era, the Court tried to reinvigorate the constitutional doctrine of federalism by strengthening certain powers of the states. But, according to Garry, this effort only went halfway toward a true revival of federalism, since the Court continued to rely on judicially enforced individual rights for the protection of liberty. A more comprehensive reform would require a return to the earlier reliance on both federalism and separation of powers as structural devices for protecting liberty. Such reform, as Garry notes, would also help revitalize the role of legislatures in our democratic system.

Gitlow v. New York

Author : Marc Lendler
Publisher : University Press of Kansas
ISBN 13 : 0700618767
Total Pages : 192 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Gitlow v. New York by : Marc Lendler

Download or read book Gitlow v. New York written by Marc Lendler and published by University Press of Kansas. This book was released on 2012-09-04 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1919 American Communist Party member Benjamin Gitlow was arrested for distributing a "Left Wing Manifesto," a publication inspired by the Russian Revolution. He was charged with violating New York's Criminal Anarchy Law of 1902, which outlawed the advocacy of any doctrine advocating to the violent overthrow of government. Gitlow argued that the law violated his right to free speech but was still convicted. He appealed and five years later the Supreme Court upheld his sentence by a vote of 7-2. Throughout the legal proceedings, much attention was devoted to the "bad tendency" doctrine-the idea that speakers and writers were responsible for the probable effects of their words-which the Supreme Court explicitly endorsed in its decision. According to Justice Edward T. Sanford, "A state may punish utterances endangering the foundations of organized government and threatening its overthrow by unlawful means." More important was Justice Oliver Wendell Holmes' dissent, in which he argued that the mere expression of ideas, separated from action, could not be punished under the "clear and present danger" doctrine. As Holmes put it, "Every idea is an incitement"-and the expression of an idea, no matter how disagreeable, was protected by the First Amendment. While the majority disagreed, it also raised and endorsed the idea that the Bill of Rights could be violated by neither the federal government nor individual states-an idea known as "incorporation" that was addressed for the first time in this case. In recreating Gitlow, Marc Lendler opens up the world of American radicalism and brings back into focus a number of key figures in American law: defense attorney Clarence Darrow; New York Court of Appeals justices Roscoe Pound and Benjamin Cardozo; Walter Pollak of the fledgling ACLU; and dissenting justices Oliver Wendell Holmes and Louis Brandeis. Lendler also traces the origins of the incorporation doctrine and the ebb and flow of Gitlow as a precedent through the end of the Cold War. In a time when Islamic radicalism raises many of the same questions as domestic Communism did, Lendler's cogent explication of this landmark case helps students and Court-watchers alike better understand "clear and present danger" tests, ongoing debates over incitement, and the importance of the Holmes-Brandeis dissent in our jurisprudence.

Unconstitutional Solitude

Author : Charlie Eastaugh
Publisher : Springer
ISBN 13 : 3319617354
Total Pages : 245 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Unconstitutional Solitude by : Charlie Eastaugh

Download or read book Unconstitutional Solitude written by Charlie Eastaugh and published by Springer. This book was released on 2017-10-11 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines American solitary confinement – in which around 100,000 prisoners are held at any one time – and argues that under a moral reading of individual rights such punishment is not only a matter of public interest, but requires close constitutional scrutiny. While Eighth Amendment precedent has otherwise experienced a generational fixation on the death penalty, this book argues that such scrutiny must be extended to the hidden corners of the US prison system. Despite significant reforms to capital sentencing by the executive and legislative branches, Eastaugh shows how the American prison system as a whole has escaped meaningful judicial oversight. Drawing on a wide range of socio-political contexts in order to breathe meaning into the moral principles underlying the punishments clause, the study includes an extensive review of professional (medico-legal) consensus and comparative transnational human rights standards united against prolonged solitary confinement. Ultimately, Eastaugh argues that this practice is unconstitutional. An informed and empowering text, this book will be of particular interest to scholars of law, punishment, and the criminal justice system.

Encyclopedia of American Civil Liberties

Author : Paul Finkelman
Publisher : Routledge
ISBN 13 : 1351269631
Total Pages : 2570 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Encyclopedia of American Civil Liberties by : Paul Finkelman

Download or read book Encyclopedia of American Civil Liberties written by Paul Finkelman and published by Routledge. This book was released on 2021-02-25 with total page 2570 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.

Limited Government and the Bill of Rights

Author : Patrick M. Garry
Publisher : University of Missouri Press
ISBN 13 : 082627272X
Total Pages : 210 pages
Book Rating : 4.8/5 (262 download)

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Book Synopsis Limited Government and the Bill of Rights by : Patrick M. Garry

Download or read book Limited Government and the Bill of Rights written by Patrick M. Garry and published by University of Missouri Press. This book was released on 2012-07-15 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eric Hoffer Award Grand Prize Short List, 2015 What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government. Garry recognizes the desire of the constitutional framers to protect individual liberties and natural rights, indeed, a recognition of such rights had formed the basis of the American campaign for independence from Britain. However, because the constitutional framers did not have a clear idea of how to define natural rights, much less incorporate them into a written constitution for enforcement, they framed the Bill of Rights as limited government provisions rather than as individual autonomy provisions. To the framers, limited government was the constitutional path to the maintenance of liberty. Moreover, crafting the Bill of Rights as limited government provisions would not give the judiciary the kind of wide-ranging power needed to define and enforce individual autonomy. With respect to the application of this limited government model, Garry focuses specifically on the First Amendment and examines how the courts in many respects have already used a limited government model in their First Amendment decision-making. As he discusses, this approach to the First Amendment may allow for a more objective and restrained judicial role than is often applied under contemporary First Amendment jurisprudence. Limited Government and the Bill of Rights will appeal to anyone interested in the historical background of the Bill of Rights and how its provisions should be applied to contemporary cases, particularly First Amendment cases. It presents an innovative theory about the constitutional connection between the principle of limited government and the provisions in the Bill of Rights.

The Encyclopedia of American Civil Liberties

Author : Paul Finkelman
Publisher : Taylor & Francis
ISBN 13 : 0415943426
Total Pages : 2076 pages
Book Rating : 4.4/5 (159 download)

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Book Synopsis The Encyclopedia of American Civil Liberties by : Paul Finkelman

Download or read book The Encyclopedia of American Civil Liberties written by Paul Finkelman and published by Taylor & Francis. This book was released on 2006 with total page 2076 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Routledge Revivals: Encyclopedia of American Civil Liberties (2006)

Author : Paul Finkelman
Publisher : Routledge
ISBN 13 : 1351269798
Total Pages : 842 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Routledge Revivals: Encyclopedia of American Civil Liberties (2006) by : Paul Finkelman

Download or read book Routledge Revivals: Encyclopedia of American Civil Liberties (2006) written by Paul Finkelman and published by Routledge. This book was released on 2018-04-17 with total page 842 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.

Universal Rights and the Constitution

Author : Stephen A. Simon
Publisher : State University of New York Press
ISBN 13 : 1438451873
Total Pages : 198 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis Universal Rights and the Constitution by : Stephen A. Simon

Download or read book Universal Rights and the Constitution written by Stephen A. Simon and published by State University of New York Press. This book was released on 2014-03-11 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights. Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework designed to provide clearer foundations for rights interpretations while preserving a meaningful but limited role for universal arguments. He reveals the vital connections among contemporary debates over such matters as the right to privacy, the constitutionality of the death penalty, and the role of foreign law in constitutional interpretation.

Heroes, Rascals, and the Law

Author : James L. Robertson
Publisher : Univ. Press of Mississippi
ISBN 13 : 1496819977
Total Pages : 529 pages
Book Rating : 4.4/5 (968 download)

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Book Synopsis Heroes, Rascals, and the Law by : James L. Robertson

Download or read book Heroes, Rascals, and the Law written by James L. Robertson and published by Univ. Press of Mississippi. This book was released on 2018-12-28 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: James L. Robertson focuses on folk encountering their constitutions and laws, in their courthouses and country stores, and in their daily lives, animating otherwise dry and inaccessible parchments. Robertson begins at statehood and continues through war and depression, well into the 1940s. He tells of slaves petitioning for freedom, populist sentiments fueling abnegation of the rule of law, the state’s many schemes for enticing Yankee capital to lift a people from poverty, and its sometimes tragic, always colorful romance with whiskey after the demise of national Prohibition. Each story is sprinkled with fascinating but heretofore unearthed facts and circumstances. Robertson delves into the prejudices and practices of the times, local landscapes, and daily life and its dependence on our social compact. He offers the unique perspective of a judge, lawyer, scholar, and history buff, each role having tempered the lessons of the others. He focuses on a people, enriching encounters most know little about. Tales of understanding and humanity covering 130 years of heroes, rascals, and ordinary folk—with a bundle of engaging surprises—leave the reader pretty sure there’s nothing quite like Mississippi history told by a sage observer.

NYU Journal of Law & Liberty

Author :
Publisher :
ISBN 13 :
Total Pages : 1254 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis NYU Journal of Law & Liberty by :

Download or read book NYU Journal of Law & Liberty written by and published by . This book was released on 2005 with total page 1254 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rehabilitating Lochner

Author : David E. Bernstein
Publisher : University of Chicago Press
ISBN 13 : 0226043533
Total Pages : 204 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Rehabilitating Lochner by : David E. Bernstein

Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.

Lochner V. New York

Author : Paul Kens
Publisher :
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Lochner V. New York by : Paul Kens

Download or read book Lochner V. New York written by Paul Kens and published by . This book was released on 1998 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the case of Joseph Lochner, a baker in Utica, N.Y., charged in 1901 with violating the New York Bakeshop Act of 1895 by requiring an employee to work more than 60 hours in one week.

"An Obvious Truth

Author :
Publisher :
ISBN 13 :
Total Pages : 568 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis "An Obvious Truth by :

Download or read book "An Obvious Truth written by and published by . This book was released on 2009 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Progressive Revolution

Author : Ellis Washington
Publisher : Rowman & Littlefield
ISBN 13 : 076186850X
Total Pages : 519 pages
Book Rating : 4.7/5 (618 download)

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Book Synopsis The Progressive Revolution by : Ellis Washington

Download or read book The Progressive Revolution written by Ellis Washington and published by Rowman & Littlefield. This book was released on 2016-12-13 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: His tenth book, The Progressive Revolution (Volume V)—continues his legal, historical and literary series based on Natural Law, Natural Rights and the original political philosophy of the constitutional Framers and original jurisprudence of the U.S. Supreme Court. Washington systematically chronicles both the historical significance and political deconstruction that the Progressive Revolution or the Progressive Age (circa 1860–present) has perpetrated against Western Civilization and American society… even to this day. These volumes are a collection of selected essays, articles and Socratic dialogues from Washington’s weekly columns published in RenewAmerica.com—an essential news and opinion website of primarily conservative writers and ideas. This opus—Volume V: 2014-15 Writings—which rather than being arranged chronologically by date, are organized topically according to their subject matter of 16 intellectual disciplines including—Law, Politics, Foreign Policy, Philosophy, Aesthetics, the Academy, Religion, Economics, Science & Medicine, Math & Engineering, Culture & Society, History and Legal Scholarship.

Public Health Law

Author : Lawrence O. Gostin
Publisher : Univ of California Press
ISBN 13 : 0520958586
Total Pages : 763 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Public Health Law by : Lawrence O. Gostin

Download or read book Public Health Law written by Lawrence O. Gostin and published by Univ of California Press. This book was released on 2016-02-02 with total page 763 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawrence O. Gostin’s seminal Public Health Law is widely acclaimed as the definitive statement on public health law at the turn of the twenty-first century. In this bold third edition, Gostin is joined by Lindsay F. Wiley to analyze major health threats of our time such as chronic diseases, emerging infectious diseases, antimicrobial resistance, bioterrorism, natural disasters, opiod overdose, and gun violence. The authors draw on constitutional law, administrative law, local government law, and tort law to develop their conception of law as a tool for protecting the public’s health. The book creates an intellectual framework for modern public health law and supports that framework with illustrations of the scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public’s health, Gostin and Wiley’s essential study provides a blueprint for public and political debates to come. New issues covered in this edition: • Corporate personhood rights raised in response to regulations of tobacco, food and beverages, alcohol, firearms, prescription drugs, and marijuana. • Local government authority to protect the public’s health. • Deregulation and harm reduction as modes of public health law intervention. • Taxation, spending, and alteration of the socioeconomic environment as modes of public health law intervention. • Access to health care as a strategy for protecting the public’s health. • Taxation, spending, licensing, zoning, and shared-use strategies for chronic disease prevention. • The public health law perspective on violence and injury prevention. • Health justice as a framework for reducing health disparities and protecting the public’s health.

Contracts in Crises

Author : Richard E. Speidel
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Contracts in Crises by : Richard E. Speidel

Download or read book Contracts in Crises written by Richard E. Speidel and published by . This book was released on 2007 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government frequently responds to crises (like 9/11 and Hurricane Katrina) with laws that have retrospective effects on existing contracts. Because these laws are usually constitutional, the promisee has no claim against the government. The promisor, however, will probably obtain an excuse from the contract because performance is now either illegal or impaired by government acts or orders. The promisor is in what can be called "the Zone of Coercion." If excuse is granted, the contract is discharged but the promisee, because of limited remedies, will not be restored to its pre-contract position. Thus, the promisee's contract rights are casualties in what amounts to a constitutional taking by the government. This book traces and critiques the development from 19th-century England to the present of excuse doctrine and its application by courts in "the Zone." The development of more general contract excuse doctrine and different theories about excuse -- such as economic analysis and behavioral decision theory -- are also traced in both private and public contracts. "Speidel's [book] is a prescient and relevant text, which provides a unique legal perspective on contractual defenses and which has particular applicability to the contractual fallout that will inevitably occur after the proposed governmental 'resolution' of the Wall Street debacle....In its entirety, the text provides an informative perspective on these concentrated issues of the intersection of private contract law and public law in times of crisis." -- The Law & Politics Book Review, October 2008

The Constitution Besieged

Author : Howard Gillman
Publisher : Duke University Press
ISBN 13 : 9780822316428
Total Pages : 336 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis The Constitution Besieged by : Howard Gillman

Download or read book The Constitution Besieged written by Howard Gillman and published by Duke University Press. This book was released on 1993 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the Constitution. Howard Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation." By reviewing unfamiliar state cases and legal commentary, and by providing fresh interpretations of familiar Supreme Court cases, Gillman uncovers a fascinating - and long forgotten - legal tradition. In this richly textured historical narrative, we see how American judges once worked to insure that legislative power be used only to promote the public good, and not to benefit certain classes or burden their market competitors. Beyond shedding new light on this jurisprudence, Gillman also links it to larger debates in the political system, debates traced to concerns about factional politics expressed by the country's founders and to the Jacksonian assault on special privileges. This tradition came under siege with the intensification of class conflict at the turn of the century, and Gillman carefully documents its demise. He details how industrialization undermined assumptions about the fairness of capitalist social relations, and how this led increasing numbers of people to question the requirement that the state remain neutral in matters of class conflict - thus leaving it to a stalwart judiciary to protect "a Constitution besieged." A major contribution to an understanding of this important period in the history of the Supreme Court, Gillman's work stands as a landmark in revisionist accounts of the "Lochner era." Gillman's study represents the kind of paradigm-shift that will undoubtedly affect a wide range of scholarly activity for some time to come. The broad scope of this work makes it essential reading for those interested in American political thought, the development of the American state, the relationship between law and social change, and contemporary debates about the original intent of the framers of the Constitution and the proper role of the judiciary in American politics.