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Author: Cass R. Sunstein Publisher: Basic Books ISBN: 0786734892 Category : Law Languages : en Pages : 314
Book Description
Most people think that the Supreme Court has a rough balance between left and right. This is a myth; in fact the justices once considered right-wing have now taken the mantle of the Court's moderates, and the liberal element has all but disappeared. Most people also think that judicial activism is solely a liberal movement. This is also a myth; since William Rehnquist was confirmed as Chief Justice in 1986, the Supreme Court has engaged in an unprecedented record of judicial activism. These two factors are feeding a movement to restore what many conservatives call "The Constitution in Exile," by which they mean the Constitution as it existed before the Roosevelt administration. Radicals in Robes explains what the restoration of this constitutional vision would mean. It would mean the end of the FCC, the SEC, the EPA, and every other federal agency that enacts regulations that have the force of law. It would mean that the clause of the First Amendment that says that Congress may make no law "respecting an establishment of religion" would be turned on its head. Marriage laws and many other familiar areas of modern life are all in the sights of this conservative movement. Radicals in Robes takes judicial philosophy out of the law schools and shows what it means when it intersects partisan politics. It pulls away the veil of rhetoric from a dangerous and radical right-wing movement and issues a strong and passionate warning about what conservatives really intend. One of the most respected legal theorists in the country, Cass R. Sunstein here issues a warning of compelling concern to us all.
Author: Cass R. Sunstein Publisher: Basic Books ISBN: 0786734892 Category : Law Languages : en Pages : 314
Book Description
Most people think that the Supreme Court has a rough balance between left and right. This is a myth; in fact the justices once considered right-wing have now taken the mantle of the Court's moderates, and the liberal element has all but disappeared. Most people also think that judicial activism is solely a liberal movement. This is also a myth; since William Rehnquist was confirmed as Chief Justice in 1986, the Supreme Court has engaged in an unprecedented record of judicial activism. These two factors are feeding a movement to restore what many conservatives call "The Constitution in Exile," by which they mean the Constitution as it existed before the Roosevelt administration. Radicals in Robes explains what the restoration of this constitutional vision would mean. It would mean the end of the FCC, the SEC, the EPA, and every other federal agency that enacts regulations that have the force of law. It would mean that the clause of the First Amendment that says that Congress may make no law "respecting an establishment of religion" would be turned on its head. Marriage laws and many other familiar areas of modern life are all in the sights of this conservative movement. Radicals in Robes takes judicial philosophy out of the law schools and shows what it means when it intersects partisan politics. It pulls away the veil of rhetoric from a dangerous and radical right-wing movement and issues a strong and passionate warning about what conservatives really intend. One of the most respected legal theorists in the country, Cass R. Sunstein here issues a warning of compelling concern to us all.
Author: Cass R. Sunstein Publisher: ISBN: 9781437975963 Category : Languages : en Pages : 281
Book Description
Many think the Supreme Court is roughly balanced between left and right, but this is a myth. In fact, the justices once considered right-wing are now the Court¿s moderates; those who were once centrists are now the Court¿s ¿liberals¿; and the liberal element has all but disappeared. Many also think that judicial activism is the province of liberals. This is also a myth; since 1986, the Court has struck down decisions of Congress more than 30 times -- an unprecedented record of judicial activism. Sunstein explains that the conservative constitutional vision would endanger environ. regulations, campaign finance laws, the right to privacy, and many fed. agencies such as the FCC, the SEC, and the EPA. Sunstein here issues a warning of compelling concern to us all.
Author: Catherine Barnard Publisher: Bloomsbury Publishing ISBN: 1782250522 Category : Law Languages : en Pages : 812
Book Description
The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 14 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward
Author: Rogene A. Buchholz Publisher: University Press of America ISBN: 9780761837190 Category : History Languages : en Pages : 262
Book Description
This book analyzes the values divide in modern America by examining the different values at stake in major policy areas, such as the war in Iraq where traditional reasons for going to war have been usurped by the Bush doctrine of preemption. The involvement of the religious right in politics also involves value issues including the separation of church and state. Other values concerned in the divide, such as a balance between freedom and security in our response to terrorism on American soil, fairness and equity in our taxation policies, and the values at stake in solving our environmental problems are explored in depth. The final section has a chapter devoted to the revitalization of democracy in America, and a concluding chapter discussing what the second term of the Bush administration means to America.
Author: James E. Fleming Publisher: Harvard University Press ISBN: 0674070747 Category : Law Languages : en Pages : 482
Book Description
Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.
Author: Steven G. Calabresi Publisher: Simon and Schuster ISBN: 1596980605 Category : Political Science Languages : en Pages : 360
Book Description
What did the Constitution mean at the time it was adopted? How should we interpret today the words used by the Founding Fathers? In ORIGINALISM: A QUARTER-CENTURY OF DEBATE, these questions are explained and dissected by the very people who continue to shape the legal structure of our country.This is a lively and fascinating discussion of an issue that has occupied the greatest legal minds in America, and one that continues to elicit strong reactions from both those who support and those who oppose the rule of law. Steven G. Calabresi, co-founder of the Federalist Society and professor of law at Northwestern University School of Law, has compiled an impressive collection of speeches, panel discussions, and debates from some of the greatest and most prominent legal experts of the last twenty-five years.
Author: Saul Alinsky Publisher: Vintage ISBN: 0307756890 Category : Political Science Languages : en Pages : 226
Book Description
“This country's leading hell-raiser" (The Nation) shares his impassioned counsel to young radicals on how to effect constructive social change and know “the difference between being a realistic radical and being a rhetorical one.” First published in 1971 and written in the midst of radical political developments whose direction Alinsky was one of the first to question, this volume exhibits his style at its best. Like Thomas Paine before him, Alinsky was able to combine, both in his person and his writing, the intensity of political engagement with an absolute insistence on rational political discourse and adherence to the American democratic tradition.
Author: Cass R. Sunstein Publisher: Harvard University Press ISBN: 9780674654792 Category : Law Languages : en Pages : 432
Book Description
Sunstein (jurisprudence, political science, U. of Chicago) asserts that, as it is currently interpreted, the Constitution is biased. He points to two contemporary mistakes: that Constitutional law posits the status quo as neutral and just (which, he argues, is not the case); and that the meaning of the Constitution is increasingly solely within the purview of the Supreme Court (which, he argues, is not what the founders intended.) Annotation copyright by Book News, Inc., Portland, OR
Author: John W. Dean Publisher: Penguin ISBN: 1101202599 Category : Political Science Languages : en Pages : 364
Book Description
The concluding volume of The New York Times bestselling trilogy One of today's most outspoken and respected political commentators asks: How can our democracy function when the key institutions of government no longer operate as intended by the Constitution? Stepping back to assess three decades of nearly continuous Republican rule, John W. Dean surveys the damage done to the three branches of government and traces their decline through the presidencies of Nixon, Ford, Reagan, Bush I, and Bush II. Speaking to what the average moderate citizen can do to combat extremism, authoritarianism, incompetence, and the Republicans' deliberate focus on polarizing social issues, Broken Government is a must-have book for voters this election year.
Author: Mark J. Boone Publisher: Lexington Books ISBN: 1666932132 Category : Religion Languages : en Pages : 241
Book Description
According to originalism, the meaning of a text is determined at the time of its writing. Originalism in Theology and Law explores the similarities and differences between the theological application of this idea to the Bible and its legal application to the American Constitution.
Author: Cass R. Sunstein
Author: Cass R. Sunstein
Author: Cass R. Sunstein
Author: Catherine Barnard
Author: Rogene A. Buchholz
Author: James E. Fleming
Author: Steven G. Calabresi
Author: Saul Alinsky
Author: Cass R. Sunstein
Author: John W. Dean
Author: Mark J. Boone