Constructing Civil Liberties: Discontinuities in the Development of American Constitutional Law

ISBN-13: 9780521010559 / Angielski / Miękka / 2004 / 402 str.

Kenneth I. Kersch; Ken I. Kersch

Opis

This account of the development of the Supreme Court's modern civil liberties and rights jurisprudence argues that the courts' supposed "new concern" for "personal freedoms" (after the New Deal) actually developed as the outgrowth of a sequence of highly particular progressive-reformist ideological currents that formed the modern American state. The book's theoretically-informed account of key paths of constitutional development thus weaves American political thought, American political development, and constitutional law together.

Recenzje

'Ken Kersch adds an interesting new perspective to the study of American constitutional development. I found especially illuminating his treatment of late 19th century notions of civil liberties, but the entire book repays close study and will undoubtedly generate much discussion.' Sanford Levinson, University of Texas Law School

Spis treści

1. Introduction; 2. Reconstituting privacy and criminal process rights; 3. Reconstituting individual rights: from labor rights to civil rights; 4. Education rights: Reconstituting the school; 5. Conclusion.