Saenz V Roe 1999

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Encyclopedia of American Civil Liberties

Author : Paul Finkelman
Publisher : Routledge
ISBN 13 : 1135947058
Total Pages : 2194 pages
Book Rating : 4.1/5 (359 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 2013-11-07 with total page 2194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.

The Political Thought of Justice Antonin Scalia

Author : James Brian Staab
Publisher : Rowman & Littlefield
ISBN 13 : 9780742543119
Total Pages : 416 pages
Book Rating : 4.5/5 (431 download)

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Book Synopsis The Political Thought of Justice Antonin Scalia by : James Brian Staab

Download or read book The Political Thought of Justice Antonin Scalia written by James Brian Staab and published by Rowman & Littlefield. This book was released on 2006 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Political Thought of Justice Antonin Scalia explores the similarities in political and constitutional thought between Justice Antonin Scalia and Alexander Hamilton and concludes that Hamilton holds the key to understanding Justice Scalia's past, present, and future decisions. From the fundamental premises of human nature to federalism, James B. Staab uses comparisons between the two men to find the underlying judicial philosophy that connects Justice Scalia's manifold decisions.

Cosmic Constitutional Theory

Author : J. Harvie Wilkinson
Publisher : OUP USA
ISBN 13 : 0199846014
Total Pages : 174 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Cosmic Constitutional Theory by : J. Harvie Wilkinson

Download or read book Cosmic Constitutional Theory written by J. Harvie Wilkinson and published by OUP USA. This book was released on 2012-03-12 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.

Do Great Cases Make Bad Law?

Author : Lackland H. Bloom, Jr.
Publisher : Oxford University Press
ISBN 13 : 019084289X
Total Pages : 466 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Do Great Cases Make Bad Law? by : Lackland H. Bloom, Jr.

Download or read book Do Great Cases Make Bad Law? written by Lackland H. Bloom, Jr. and published by Oxford University Press. This book was released on 2014-03-11 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Great cases like hard cases make bad law" declared Justice Oliver Wendell Holmes, Jr. in his dissenting opinion in the Northern Securities antitrust case of 1904. His maxim argues that those cases which ascend to the Supreme Court of the United States by virtue of their national importance, interest, or other extreme circumstance, make for poor bases upon which to construct a general law. Frequently, such cases catch the public's attention because they raise important legal issues, and they become landmark decisions from a doctrinal standpoint. Yet from a practical perspective, great cases could create laws poorly suited for far less publicly tantalizing but far more common situations. In Do Great Cases Make Bad Law?, Lackland H. Bloom, Jr. tests Justice Holmes' dictum by analyzing in detail the history of the Supreme Court's great cases, from Marbury v. Madison in 1803, to National Federation of Independent Business v. Sebelius, the Patient Protection and Affordable Care Act case, in 2012. He treats each case with its own chapter, and explains why the Court found a case compelling, how the background and historical context affected the decision and its place in constitutional law and history, how academic scholarship has treated the case, and how the case integrates with and reflects off of Justice Holmes' famous statement. In doing so, Professor Bloom draws on the whole of the Supreme Court's decisional history to form an intricate scholarly understanding of the holistic significance of the Court's reasoning in American constitutional law.

Fundamental Rights

Author : Milton Konvitz
Publisher : Routledge
ISBN 13 : 1351518313
Total Pages : 278 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Fundamental Rights by : Milton Konvitz

Download or read book Fundamental Rights written by Milton Konvitz and published by Routledge. This book was released on 2017-07-12 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws. In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of

States of Health

Author : Leslie P Francis
Publisher : Oxford University Press
ISBN 13 : 0197538657
Total Pages : 497 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis States of Health by : Leslie P Francis

Download or read book States of Health written by Leslie P Francis and published by Oxford University Press. This book was released on 2024 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: States of Health identifies the practical relevance of federalism in the United States to people facing ethical decisions about health and health care, and it considers the theoretical justifications for permissible differences among states. It asks whether authority over important aspects of health is misaligned in the United States today, with some matters problematically left to the states while others are taken over by the federal government.

Antonin Scalia's Jurisprudence

Author : Ralph A. Rossum
Publisher :
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Antonin Scalia's Jurisprudence by : Ralph A. Rossum

Download or read book Antonin Scalia's Jurisprudence written by Ralph A. Rossum and published by . This book was released on 2006 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire nineteen-year Supreme Court tenure. Ralph Rossum focuses on Scalia's more than 600 Supreme Court opinions and dissents - carefully wrought, passionately argued, and filled with well-turned phrases - which portray him as an eloquent defender of an "original meaning" jurisprudence. He also includes analyses of Scalia's Court of Appeals opinions for the D.C. Circuit, his major law review articles as a law professor and judge, and his provocative book, A Matter of Interpretation."--Jacket.

The Heritage Guide to the Constitution

Author : David F. Forte
Publisher : Regnery Publishing
ISBN 13 : 1621572684
Total Pages : 642 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis The Heritage Guide to the Constitution by : David F. Forte

Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Regnery Publishing. This book was released on 2014-09-15 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation.

Constitutional Interpretation

Author : Jeffrey M. Shaman
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313000972
Total Pages : 286 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Constitutional Interpretation by : Jeffrey M. Shaman

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.

Constitutional Law for a Changing America

Author : Lee Epstein
Publisher : CQ Press
ISBN 13 : 1071901699
Total Pages : 721 pages
Book Rating : 4.0/5 (719 download)

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Book Synopsis Constitutional Law for a Changing America by : Lee Epstein

Download or read book Constitutional Law for a Changing America written by Lee Epstein and published by CQ Press. This book was released on 2024-08-08 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Constitutional Law for a Changing America: Rights, Liberties, and Justice, bestselling authors Lee Epstein, Kevin T. McGuire, and Thomas G. Walker show students how political factors influence judicial decisions and shape the development of constitutional law. The Twelfth Edition, updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of freedom of expression, will facilitate a deeper understanding of how the U.S. Constitution protects civil rights and liberties. Included with this title: LMS Cartridge: Import this title′s instructor resources into your school′s learning management system (LMS) and save time. Don′t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. Select the Resources tab on this page to learn more.

American Constitutional Law

Author : Alpheus Thomas Mason
Publisher : Routledge
ISBN 13 : 1317350502
Total Pages : 926 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis American Constitutional Law by : Alpheus Thomas Mason

Download or read book American Constitutional Law written by Alpheus Thomas Mason and published by Routledge. This book was released on 2015-08-07 with total page 926 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic collection of carefully selected and edited Supreme Court case excerpts and comprehensive background essays explores constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, it endeavors to heighten students' understanding of and interest in these critical areas of our governmental system.

The Collective-Action Constitution

Author : David W Ichel Professor of Law and Professor of Political Science Neil S Siegel
Publisher : Oxford University Press
ISBN 13 : 0197760961
Total Pages : 521 pages
Book Rating : 4.1/5 (977 download)

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Book Synopsis The Collective-Action Constitution by : David W Ichel Professor of Law and Professor of Political Science Neil S Siegel

Download or read book The Collective-Action Constitution written by David W Ichel Professor of Law and Professor of Political Science Neil S Siegel and published by Oxford University Press. This book was released on 2024 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Collective-Action Constitution discusses how the U.S. Constitution is based on the principles of collective action among states, and how this understanding can provide guidance on addressing the sobering problems facing America today.

Historic U.S. Court Cases

Author : John W. Johnson
Publisher : Taylor & Francis
ISBN 13 : 9780415937559
Total Pages : 608 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Historic U.S. Court Cases by : John W. Johnson

Download or read book Historic U.S. Court Cases written by John W. Johnson and published by Taylor & Francis. This book was released on 2001 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays looks at over 200 major court cases, at both state and federal levels, from the colonial period to the present. Organized thematically, the articles range from 1,000 to 5,000 words and include recent topics such as the Microsoft antitrust case, the O.J. Simpson trials, and the Clinton impeachment. This new edition includes 43 new essays as well as updates throughout, with end-of-essay bibliographies and indexes by case and subject/name.

After Welfare

Author : Sanford F. Schram
Publisher : NYU Press
ISBN 13 : 0814771270
Total Pages : 245 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis After Welfare by : Sanford F. Schram

Download or read book After Welfare written by Sanford F. Schram and published by NYU Press. This book was released on 2000-03-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do contemporary welfare policies reflect the realities of the economy and the needs of those in need of public assistance, or are they based on outdated and idealized notions of work and family life? Are we are moving from a "war on poverty" to a "war against the poor?" In this critique of American social welfare policy, Sanford F. Schram explores the cultural anxieties over the putatively deteriorating "American work ethic," and the class, race, sexual and gender biases at the root of current policy and debates. Schram goes beyond analyzing the current state of affairs to offer a progressive alternative he calls "radical incrementalism," whereby activists would recreate a social safety net tailored to the specific life circumstances of those in need. His provocative recommendations include a series of programs aimed at transcending the prevailing pernicious distinction between "social insurance" and "public assistance" so as to better address the needs of single mothers with children. Such programs could include "divorce insurance" or even some form of "pregnancy insurance" for women with no means of economic support. By pushing for such programs, Schram argues, activists could make great strides towards achieving social justice, even in today's reactionary climate.

The Encyclopedia of Civil Liberties in America

Author : David Schultz
Publisher : Routledge
ISBN 13 : 1317457137
Total Pages : 1234 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis The Encyclopedia of Civil Liberties in America by : David Schultz

Download or read book The Encyclopedia of Civil Liberties in America written by David Schultz and published by Routledge. This book was released on 2015-04-10 with total page 1234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties.

The Oxford Handbook of the U.S. Constitution

Author : Mark Tushnet
Publisher : Oxford University Press
ISBN 13 : 019024576X
Total Pages : 1110 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Oxford Handbook of the U.S. Constitution by : Mark Tushnet

Download or read book The Oxford Handbook of the U.S. Constitution written by Mark Tushnet and published by Oxford University Press. This book was released on 2015-07-31 with total page 1110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

The Ultimate Rule of Law

Author : David M. Beatty
Publisher : Oxford University Press, USA
ISBN 13 : 9780199269808
Total Pages : 228 pages
Book Rating : 4.2/5 (698 download)

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Book Synopsis The Ultimate Rule of Law by : David M. Beatty

Download or read book The Ultimate Rule of Law written by David M. Beatty and published by Oxford University Press, USA. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.