Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely downplayed. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. This work emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were...
Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerni...
This book demonstrates that neither the current liberal nor conservative position on the McCarthy era provides the basis for an appropriate normative perspective. Adding the perspective of the theory of free expression, it becomes apparent that both sides have ignored a vitally important point. While recently declassified documents demonstrate widespread participation by American Communists in conducting or facilitating espionage, much of the negative treatment received by American Communists had little or nothing to do with such activity. From the perspective of the First Amendment right of...
This book demonstrates that neither the current liberal nor conservative position on the McCarthy era provides the basis for an appropriate normative ...
Many have argued that soft money and special interests are destroying the American electoral system. And yet the clarion call for campaign finance reform only touches on the more general belief that money and economic power have a disastrous impact on both free expression and American democracy. The nation's primary sources of communication, the argument goes, are increasingly controlled by vast corporate empires whose primary, or even exclusive motive is the maximization of profit. And these conglomerates should simply not be granted the same constitutional protection as, say, an...
Many have argued that soft money and special interests are destroying the American electoral system. And yet the clarion call for campaign finance ...
In recent years, much political and legal debate has centered on the class action lawsuit. Many lawyers and judges have noted the intense pressure to settle caused by the very filing of a suit. Some contend that the procedure amounts to a form of judicial blackmail. Others counter that it is an effective means of policing corporate behavior and assuring injured victims' fair compensation. This book represents the first scholarly effort to view the modern class action comprehensively through the lenses of American political and constitutional theory. Redish argues that the modern class action...
In recent years, much political and legal debate has centered on the class action lawsuit. Many lawyers and judges have noted the intense pressure to ...
In recent years, much political and legal debate has centered on the class action lawsuit. Many lawyers and judges have noted the intense pressure to settle caused by the very filing of a suit. Some contend that the procedure amounts to a form of judicial blackmail. Others counter that it is an effective means of policing corporate behavior and assuring injured victims' fair compensation. This book represents the first scholarly effort to view the modern class action comprehensively through the lenses of American political and constitutional theory. Redish argues that the modern class action...
In recent years, much political and legal debate has centered on the class action lawsuit. Many lawyers and judges have noted the intense pressure to ...
