Kategoria BISAC: Law >> Civil Procedure

The management of interpersonal social conflict within the American judicial system is changing. Of particular interest is the trend toward informal, decentralized alternatives to the courts for the resolution of many civil disputes. A manifestation of this trend, Neighborhood Dispute Resolution or NDR offers a means of resolving conflicts in a voluntary, peaceable manner without the intervention of attorneys. Proponents of NDR say that it is economical, efficient and fair. NDR, however, may not be the panacea it appears to be on the surface, argues the author. A Marxist interpretation of...

This book presents an overview of the political occurrences that have affected the regulation of conflict of interest in government. Exploring the far-reaching consequences of the conduct and misconduct of past administrations, this provocative study traces the development of standards-of-conduct regulations and the implementation of regulatory laws, beginning with the Truman presidency, followed by the Eisenhower years, the New Frontier, the Ethical Nightmare of the Nixon administration, Carter and Ethics Reform, and Ronald Reagan.

This clearly written handbook brings together a great deal of information about fundamental political rights in this country and will be of interest well beyond the legal community. "Reference Books Bulletin"

This handbook is the only book in the field of law to present current legal thought on basic political rights of Americans and to treat primarily statutory law and judicial cases. The political rights examined include the right to vote, the right to be a political candidate and gain ballot access, the right to fair and effective representation, rights under the Federal Voting...

There is a broad consensus that 1937 marked a turning point in the history of the Supreme Court. This is the first comprehensive treatment of the Court's decision-making in the civil liberties/civil rights sphere in the years preceding that watershed. Professor Braeman refutes the widely held assumption that the post-1937 justices were writing upon a largely blank slate in dealing with civil liberties/civil rights issues, arguing instead that much of what the Modern Court has done, when viewed in a long-term perspective, appears as incremental expansions of precedents laid down by the Old...

Alexander and Horton have attempted to untangle one of the most difficult and potentially far-reaching questions in constitutional law: at what point does constitutional law leave off and plain old law' remain to occupy the US legal system's field of play? In addressing this question the authors take on two of the most murky concepts in constitutional law, state action; and under color of law.' In their attempt to make sense of these notions they develop models that potentially could provide coherent, principled answers to the problems created by the Supreme Court in its decisions in this...

Morgan provides a comprehensive, consistent, and unified analysis of Madison's political philosophy using Madison's views on the Constitution and the Bill of Rights as the focus. Morgan looks at all that Madison wrote on these topics before, during, and after the adoption of the Constitution. He argues that Madison's constitutional philosophy was shaped by his view that there was an inherent conflict between limited government and accountability on the one hand, and the tendency of all to exercise autonomous, unrestricted power. . . . His second thesis is that Madison was propelled to...

This collection of essays, the result of a John Marshall Symposium held in conjunction with the state of West Virginia's celebration of the Bicentennial of the U.S. Constitution, examines the contributions of John Marshall and the early Supreme Court from a variety of political and methodological perspectives that have been encouraged by current approaches to constitutional theory and history. It fills a gap in analysis of the constitutional foundations laid by the Marshall Court. It reflects the continuities and changes that have transpired in legal scholarship and political philosophy...

In June of 1972, the Democratic National Party headquarters in Washington, D.C., was the site of one of the most famous burglaries in U.S. history. The abortive Watergate break-in and subsequent cover-up is reexamined in this book from the unique perspective of the Supreme Court judges, who grappled with its political and legal ramifications. Howard Ball presents the litigation in the U.S. vs. Nixon case from the inside out, analyzing the constitutional issues that faced the court and the way in which the justices worked to resolve conflicts, overcome obstacles, and arrive at an...

This book illuminates the decision-making process of the U.S. Senate by examining the Trade Agreements Act of 1979. The purpose of Jerome's study is threefold: first, to discuss the legislative process dealing with the act, and thereby to document the particular nature of Senate decision-making. Second, the author reviews current decision-making theories and examines various points of his case study to see how reality conforms with the theories. Finally, he suggests revisions of the decision-making theories.

Jerome creates three broad theoretical categories to analyze the Senate...

Is judicial review constitutionally required or even authorized? Can it be said whether the federal courts exercise this power with the consent of the electorate? Sosin addresses these challenging questions in the broad context of the Anglo-American historical experience. He examines the evolution of courts of judicature and legislatures and the contests for power that were waged from the seventeenth to eighteenth century.

The origins of the English court system and the establishment of common law are first described. The author traces the rise in judicial and parliamentary power that...

American constitutionalism remains this country's greatest contribution to human freedom. The ideas and ideals expressed in the U.S. Constitution and related documents, and the institutions developed in them have influenced different people in different lands over the past two hundred years. In American Constitutionalism Abroad, six distinguished historians, political scientists, and international law experts, discuss American constitutionalism in various regions of the world at different times, and within different contexts.

In terms of time and space, the influence of American...

According to Braveman, the federal courts are being systematically closed to individuals challenging the constitutionality of the conduct of state officials. Debate over the role of the federal court system in upholding constitutional rights is not new to readers of law journals and scholarly articles. Braveman now presents this crucial issue to the general public, who will find it of grave concern. His book brings together information that has previously been available only in separate articles.

Beginning with an historical overview of the emergence of the federal courts as the...

President Carter's unilateral decision to recognize the People's Republic of China as the sole legal government of China, to end diplomatic relations with the Republic of China on Taiwan, and to terminate the 1954 United States--Republic of China Mutual Defense Treaty triggered a classic constitutional separation of powers controversy between the executive, legislative, and judicial branches of government. Victoria Marie Kraft examines the important legal issues and the broader questions of constitutional law and process raised within the context of this controversy. Does the president...

This work examines the operation of the First Amendment, especially where it concerns freedom of the press, during the nineteenth century. It examines contemporary nineteenth century views on press freedom, placing them in the context of the issues that prompted and shaped them. Primary sources--pamphlets, speeches, sermons, letters, diaries, newspapers, and official documents--were used to highlight free press issues. It confirms that First Amendment rights were controversial issues for many nineteenth century Americans.

"The Course of Tolerance" examines previously ignored issues such...

Church-State Constitutional Issues explores the often-debated and always topical issue of the relationship between church and state as outlined in the First Amendment. Donald L. Drakeman takes an interdisciplinary approach to examine the meaning of the establishment clause, demonstrating how the studies of law, religion, history, and political science provide insight into this relationship, which, since the nation's inception, has been difficult to define.

The study first chronicles the Supreme Court's decision regarding the interpretation of the establishment clause from the early 19th...

School teachers and administrators may be the largest single group of rule enforcers in American society. Operating under legislative statutes, court cases, board policies, program regulations, and so on, there appears to be no end to that part of their professional tasks that calls for them to be on-the-spot enforcers in an adult to child relationship. Using constitutionality of operations within a school as its central focal point, the book takes both the broader and the narrower aspects of the law and combines them to provide an extended understanding of the realities in which...

This is a comprehensive examination of the contemporary movement against drunk driving. Written in an eminently readable style, the volume addresses all major substantive aspects of the anti-drunk driving effort including society's changing attitudes and response to the crime itself and the offenders, the role of grass roots groups such as MADD and RID, federal and state initiatives, actions and enabling legislation, and anti-drunk driving programs and projects. Gerald D. Robin takes a socio-legal approach throughout, emphasizing the rationales behind, controversies surrounding, and...