Herman provides an analysis and reference guide for the rights that the Sixth Amendment guarantees in all criminal prosecutions. She provides a history of the generation of each right from ancient times through the present. The public trial chapters analyze the development of Supreme Court case law interpreting the Sixth Amendment right and the companion First Amendment right of public access to trials, and then discuss current issues in interpretation of the Sixth Amendment right, including the controversial issue of cameras in the courtroom and the current questions about open...
Herman provides an analysis and reference guide for the rights that the Sixth Amendment guarantees in all criminal prosecutions. She provides a his...
Federalism--the division of power between national and state governments--has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further. In this book, Erwin...
Federalism--the division of power between national and state governments--has been a divisive issue throughout American history. Conservatives argued ...
Federalism--the division of power between national and state governments--has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further. In this book, Erwin...
Federalism--the division of power between national and state governments--has been a divisive issue throughout American history. Conservatives argued ...
Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law...
Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined...
Interpreting The Constitution doesn't fit neatly into the extensive literature on judicial review and constitutional interpretation that reconciles judicial review with democracy defined as majority rule. Indeed, Chemerinsky criticizes this method of interpretation and contends that the Constitution exists to protect political minorities and fundamental rights from majority rule. Chapter by chapter, he keenly defends this unique method of interpretation, challenges the general approach, and offers thorough, expert coverage.
Interpreting The Constitution doesn't fit neatly into the extensive literature on judicial review and constitutional interpretation that rec...
A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court
The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights. The Court has restricted who has standing to sue, expanded the...
A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court