Constitutional Law and Politics

Civil Rights and Civil Liberties

Author: David M. O'Brien

Publisher: W. W. Norton

ISBN: 9780393922400

Category: Law

Page: 1776

View: 6807

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A topical and comprehensive look at the cases that have shaped our nation.

American Constitutional Law

Author: Louis Fisher,Katy Jean Harriger

Publisher: N.A

ISBN: 9781594609558

Category: Law

Page: 1147

View: 2293

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This paperback volume (subtitled "Constitutional Rights: Civil Rights and Civil Liberties") includes chapters 10 through 19 of Fisher/Harriger, American Constitutional Law, Ninth Edition (hardback). Now in its ninth edition, American Constitutional Law is the only book that develops constitutional law in the comprehensive sense. Along with containing analyses and excerpts of court decisions, the book highlights the efforts of legislatures, executives, the states, and the general public to participate in an ongoing political dialogue rather than passively receive a series of unilateral judicial commands. It covers all new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions. The book includes readings not only from cases but congressional floor debates, committee reports, committee hearings, presidential vetoes and other statements, state actions, Federalist papers, and professional journals. It also includes a chapter on equal protection that addresses immigration law and the rights of aliens.

Civil Liberties

A Beginner's Guide

Author: Tom Head

Publisher: Oneworld Publications

ISBN: 1780741405

Category: Political Science

Page: 216

View: 386

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Torture, freedom of speech, freedom of religion, privacy - contrary to what public apathy would have you believe, civil liberties are worth fighting for and are almost always under threat. Tom Head tours the world to show civil liberties in action, and shows how you can make a difference. Tom Head serves as civil liberties guide for About.com.

Constitutional Law for a Changing America

Rights, Liberties, and Justice

Author: Lee Epstein,Thomas G. Walker

Publisher: CQ Press

ISBN: 1483384039

Category: Political Science

Page: 848

View: 6606

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Judicial decisions are influenced by myriad political factors, from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. In Constitutional Law for a Changing America: Rights, Liberties, and Justice, Ninth Edition authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer rock-solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2015 session. Filled with additional supporting material—photographs of the litigants, sidebars comparing the U.S. with other nations, and "Aftermath" boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text encourages greater student engagement with the material and a more complete understanding of the American constitution.

A Treatise on State and Federal Control of Persons and Property in the United States

Considered from Both a Civil and Criminal Standpoint

Author: Christopher Gustavus Tiedeman

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584772298

Category: Law

Page: 1274

View: 4902

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Tiedeman, Christopher G. A Treatise on State and Federal Control of Persons and Property in the United States Considered from both a Civil and Criminal Standpoint. St. Louis: The F.H. Thomas Law Book Co., 1900. Two volumes. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-229-8. Cloth. $195. * A conservative jurist known for his important study A Treatise on the Limitations of Police Power in the United States Considered from Both a Civil and Criminal Standpoint, Tiedeman [1857-1903] completed this work at a time when the spirit of social and economic laissez-faire of the Gilded Age was giving way to demands for greater degrees of governmental regulation in response to the emergence of modern corporate capitalism and, especially, the rapid growth of Socialism, Communism, and Anarchism. For Tiedeman, the fundamental issue is the need to control these groups in the interests of public order while preserving their rights of self-determination as guaranteed by the Constitution. He was optimistic that popular faith in the Constitution is strong enough to maintain this delicate balance.

American Constitutional Law

Author: Otis Stephens, Jr.,John Scheb, II,Colin Glennon

Publisher: Cengage Learning

ISBN: 1285736915

Category: Political Science

Page: 480

View: 3439

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AMERICAN CONSTITUTIONAL LAW, Volumes I and II, combines cases, decisions, and authorial commentary to make the texts a perfect instructional choice. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Civil Rights and Liberties

Cases and Readings in Constitutional Law and American Democracy

Author: Corey L. Brettschneider

Publisher: Wolters Kluwer Law & Business

ISBN: 1454819243

Category: Law

Page: 960

View: 7511

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An engaging conceptualizing chapter opens Civil Rights and Liberties: Cases and Readings in Constitutional Law and American Democracy, introducing civil liberties within their constitutional framework, illuminating their nature and sources through enlightening Supreme Court deliberations that show the underlying debates about constitutional interpretation. A distinctive approach to themes and principles encourages students to develop their own views on civil liberties in general and on the specific controversies such as abortion, gay rights, and hate speech. Extensive, intriguing excerpts from a highly focused set of cases and other readings from contemporary theory highlight conflicting opinions among the justices. They provide depth of understanding of the Constitution and of the disputes that have shaped its meaning, including the basis and nature of judicial authority. The text's thematic organization reveals the structural and normative features of the Constitution and constitutional law by linking them to contemporary issues and controversies. Key historical elements lend context and depth. A logical chapter structure offers probing overviews of the topics, constitutional arguments, and chapter readings followed by a broad range of theoretical and historical writings leading up to the cases. This multidimensional perspective draws on a wide array of resources such as case excerpts, concurring and dissenting opinions, law journal and articles, general publications, published letters, and other documents. Probing case comprehension, discussion, and synthesis questions punctuate and reinforce content. Features: an engaging conceptualizing opening chapter introduces civil liberties within constitutional framework illuminates their nature and sources through enlightening Supreme Court disputes shows underlying debates about constitutional interpretation a distinctive approach to themes and principles encourages students to develop their own views on civil liberties engages students in specific controversies--abortion, gay rights, and hate speech, etc. intriguing excerpts from a highly focused set of cases and other readings highlight disputes among the justices provide depth of understanding of the Constitution and interpretive disputes explore the basis and nature of judicial authority thematic organization shows structural and normative features of the Constitution and constitutional law links the Constitution to contemporary issues and controversies provides key historical elements for context logical chapter structure author's overviews of topics, constitutional arguments, and chapter readings a broad range of theoretical and historical writings key cases a multidimensional perspective draws on a wide array of resources case excerpts concurring and dissenting opinions law journal articles general publications published letters and other documents probing case comprehension, discussion, and synthesis questions reinforce content

Storm Center

The Supreme Court in American Politics

Author: David M. O'Brien

Publisher: W. W. Norton

ISBN: 9780393603538

Category: Political Science

Page: 375

View: 991

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In an engaging narrative, David M. O'Brien shows how the Supreme Court is a "storm center" of political controversy, where personality, politics, law, and justice come together to help determine the course of public policy and shape American society. The Eleventh Edition features new coverage of events that have dominated the headlines, such as the battle to fill Justice Scalia's seat and the landmark decision for marriage equality in Obergefell v. Hodges, making this the most exciting edition of Storm Center yet.

The Law of Nations

Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns. A Work Tending to Display the True Interest of Powers

Author: Emer de Vattel

Publisher: N.A

ISBN: N.A

Category: International law

Page: 563

View: 1999

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Legal and Political Hermeneutics, Or, Principles of Interpretation and Construction in Law and Politics

With Remarks on Precedents and Authorities

Author: Francis Lieber

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584772263

Category: Law

Page: 240

View: 8853

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Lieber, Francis. Legal and Political Hermeneutics, or Principles of Interpretation and Construction in Law and Politics, with Remarks on Precedents and Authorities. Enlarged Edition. Boston: Charles C. Little and James Brown, 1839. xii, [13]-240 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-226-3. Cloth. $65. * "The Hermeneutics was intended as a chapter of his Political Ethics, but became so extended that it was published separately. His distinction between interpretation and construction had great influence among legal writers of his day. The first is 'the art of finding out the true sense of any form of words' (...) in the sense which the author intended to convey, while construction is the drawing of conclusions respecting subjects that lie outside the direct expression of the text. Constitutions should be construed closely, he holds, since their words have been carefully weighed. The treatise received high commendation from Chancellor Kent, Henry Clay, Rufus Choate, and others." (DAB). Lieber was a Prussian scholar and political activist who was persecuted for his liberalism. He emigrated to the United States in 1827, and his writings, among them an encyclopedia that was the foundation of the Encyclopedia Britannica, advanced his reputation. He became professor of history and political economy at South Carolina College, and was later appointed to the same chair at Columbia College. In 1865 he moved to Columbia Law School, where he was renowned as a prominent political philosopher. Dictionary of American Biography VI: 236-237.

Judgment Calls

Principle and Politics in Constitutional Law

Author: Daniel A. Farber,Suzanna Sherry

Publisher: Oxford University Press

ISBN: 9780199707812

Category: Law

Page: 224

View: 5839

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Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution? Our Constitution contains a great deal of language that is vague, broad, or ambiguous, making its meaning uncertain. Many people believe this uncertainty allows judges too much discretion. They suggest that constitutional adjudication is just politics in disguise, and that judges are legislators in robes who read the Constitution in accordance with their own political views. Some think that political decision making by judges is inevitable, and others think it can be restrained by "strict constructionist" theories like textualism or originalism. But at bottom, both sorts of thinkers believe that judging has to be either tightly constrained and inflexible or purely political and unfettered: There is, they argue, no middle ground. Farber and Sherry disagree, and in this book they describe and defend that middle ground. They show how judging can be--and often is--both principled and flexible. In other words, they attempt to reconcile the democratic rule of law with the recognition that judges have discretion. They explain how judicial discretion can be exercised responsibly, describe the existing constraints that guide and cabin such discretion, and suggest improvements. In exploring how constitutional adjudication works in practice (and how it can be made better), Farber and Sherry cover a wide range of topics that are relevant to their thesis and also independently important, including judicial opinion-writing, the use of precedent, the judicial selection process, the structure of the American judiciary, and the nature of legal education. They conclude with a careful look at how the Supreme Court has treated three of the most significant and sensitive constitutional issues: terrorism, abortion, and affirmative action. Timely, trenchant, and carefully argued, Judgment Calls is a welcome addition to the literature on the intersection of constitutional interpretation and American politics.

School Law

Cases and Concepts

Author: Michael W. La Morte

Publisher: Allyn & Bacon

ISBN: N.A

Category: Law

Page: 484

View: 3411

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School Law: Cases and Concepts is written for educators and others who have little background in school law. It focuses on an understanding of legal rationale and principles that inform practice. Clearly and interestingly written, this book offers its readers the optimal balance of case law, statutes, regulations, and commentary, thereby providing first hand knowledge of the law and useful guidance in understanding the meaning and application of the law in schools. This approach enables educators to operate in a legally defensible and educationally sound manner. In addition to providing historical perspective, this new edition examines policies and litigation pertaining to church and state issues, legal rights and restrictions applicable to students and teachers, desegregation, school finance, vouchers, and charter schools, developments in disabilities law, and harassment of students.