Author: Lee EpsteinPublisher:
ISBN: 9780871879530
Category :
Languages : en
Pages : 0
Book Description
Constitutional Law for a Changing America
Author: Lee EpsteinPublisher:
ISBN: 9780871879530
Category :
Languages : en
Pages : 0
Book Description
Constitutional Law for a Changing America
Author: Lee EpsteinPublisher: CQ-Roll Call Group Books
ISBN: 9781568024318
Category :
Languages : en
Pages : 0
Book Description
Should a president be immune from civil lawsuits? Can the federal government force local governments to enforce the Brady bill gun control law?Analyzes the institutional authority of government as it is interpreted in important Court decisions, including nation-state relations and economic liberties.
Does the Constitution Follow the Flag?
Author: Kal RaustialaPublisher: Oxford University Press
ISBN: 0199858179
Category : History
Languages : en
Pages : 326
Book Description
The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.
Amending America: If We Love the Constitution So Much, Why Do We Keep Trying to Change It?
Author: Richard B. BernsteinPublisher: Plunkett Lake Press
ISBN:
Category : Law
Languages : en
Pages : 404
Book Description
The story of how the Constitution has been reshaped over the past 200 years to meet America’s changing needs. Since 1789, 27 amendments were adopted — creating the Bill of Rights, banning liquor, protecting the right to vote and reworking how we choose presidents and senators — and more than 10,000 failed. Proposed amendments tried to stave off the Civil War and then wrote its results into the Constitution. “[A] thoughtful history of the Amendments to the Constitution... An excellent delineation of issues debated by modern constitutional scholars.” — Kirkus “[A] sober, straightforward history of the process of amending the Constitution” — Publishers Weekly “[A] comprehensive and engaging study of Article V’s procedures for amending the constitution.” — Washington Post “The authors capture the essence of the importance of the amending process in a highly readable, gracefully written book... This book, which discusses knotty legal and constitutional issues without stuffiness and in plain language, should be easy reading for students and laypersons.” — The Journal of American History “[A] readable, intelligently organized, and well-informed history of how and why the Constitution has been amended.” — The Historian “[S]cholarly and readable.” — Human Rights “Bernstein’s work is engaging and stimulating... he is to be commended for explaining so carefully just how complex a set of questions and problems cluster around Article 5.” — The American Historical Review “Well written... this volume fills an important gap in the current literature and is likely to be the standard account of amending history for some time to come.” — The American Journal of Legal History “[A] masterful book, daring in its scope and impeccable in its execution. Amending America is a great work of scholarship that does justice to the United States Constitution as a living and evolving document. It is a tribute to the working of American democracy, and contributes to our understanding of its evolution and its unfinished agenda.” — Vartan Gregorian, President, Brown University “A magnificent treasure trove of American history, which brings to life why our Constitution has remained a ‘living document’ for over two centuries. Amending America is a wonderful book for anyone interested in our country.” — Arthur R. Miller, Bruce Bromley Professor of Law, Harvard Law School “Amending America is invaluable for just about anybody seeking to understand the contradictions of our approach to constitutional government. With grace, insight, and considerable information, Bernstein and Agel have written what should be the standard work for a long time to come.” — Herbert S. Parmet, Distinguished Professor of History, City University of New York, author of Richard Nixon and His America “Amending America admirably illuminates the complex and remarkable history of the American people’s repeated attempts to amend the Constitution, and captures that history’s enduring significance. Written with scholarship, clarity, and grace, this book recovers a previously neglected dimension of American constitutional history.” — William E. Nelson, Professor of Law, New York University, author of The Fourteenth Amendment: From Political Principle to Judicial Doctrine “Instructive and fascinating. The book is thorough, erudite, and packed with the anecdotes that make our political past so enjoyable to review.” — Minneapolis Star Tribune “An intelligent, carefully researched, and highly readable account.” — Detroit News
51 Imperfect Solutions
Author: Judge Jeffrey S. SuttonPublisher: Oxford University Press
ISBN: 0190866063
Category :
Languages : en
Pages : 288
Book Description
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
An Introduction to Constitutional Law
Author: Randy E. BarnettPublisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 473
Book Description
An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
The People’s Constitution
Author: John F. KowalPublisher: The New Press
ISBN: 1620975629
Category : Law
Languages : en
Pages : 493
Book Description
The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Constitutional Law for a Changing America
Author: Lee EpsteinPublisher:
ISBN: 9781568026787
Category : Civil rights
Languages : en
Pages : 52
Book Description
Family Law in a Changing America
Author: Douglas NeJaimePublisher: Aspen Publishing
ISBN: 154381591X
Category : Law
Languages : en
Pages : 1152
Book Description
Family Law in a Changing America is a new casebook that highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before, having repudiated hierarchies based on race, gender, and sexuality. Yet, as our society has grown more economically unequal, so too have family patterns diverged—with marriage and marital child-rearing becoming a mark of privilege. A number of developments—mass incarceration, the privatization of care, and reproductive technologies—have also contributed to disparities based on race, class, and gender. The casebook reflects the law’s continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around 1) adult relationships and 2) parent-child relationships. Professors and students will benefit from: Text that includes dramatic changes in family patterns in contemporary society, including: declining marriage rates, with differential rates based on race and class; increasing rates of nonmarital cohabitation and nonmarital parenting; the use of assisted reproduction and its challenge to biological understandings of parentage; tensions between women’s increasing education and employment and the perseverance of the gendered division of labor in families; the inclusion of same-sex couples in marriage and parenthood An approach that decenters the marital heterosexual family and instead is structured around the general topics of adult relationships and parent-child relationships Focus on the scope of family law, including extensive coverage of crucial sites of family regulation, such as the child welfare system, that are traditionally neglected Emphasis on multiple modes of legal interpretation (common law, constitutional, statutory) and multiple actors in the legal system (judges, legislators, lawyers, experts, social workers) Practical problems and exercises, often based on actual cases or events, that illuminate the gaps, tensions, and implications of existing doctrine; some of the problems include postscripts explaining how the issue was resolved by a court or legislature An approach that draws on more recent cases and cutting-edge issues and that includes extensive coverage of assisted reproduction (including IVF, surrogacy, and gamete donation), parentage (including intentional parenthood, functional parenthood, and multi-parent arrangements), adoption, child welfare, and family support
Who Decides?
Author: Jeffrey S. SuttonPublisher: Oxford University Press
ISBN: 0197582184
Category : LAW
Languages : en
Pages : 497
Book Description
"51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. The book contains three main parts-on the judicial, executive, and legislative branches-as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more democratic nature of state governments and the ever-less democratic nature of the federal government over time"--