Kategoria BISAC: Law >> Civil Procedure

Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and...

Although diverse cases, they shared a common bond. Both denied equality yet both followed the 1868 ratification of the Equal Protection Clause of the Fourteenth Amendment.
In Even the Children of Strangers,...

A provocative examination of one of America's most important yet least-known democratic tools, Amending America brings to life events in our history that continue to resonate today as, as various politicians have set their hearts...

affairs--thanks to imperial-minded presidents, a weak-willed Congress, and neglectful scholars.

These authors forcefully argue that the president is not the supreme crafter of foreign policy and that Congress must provide more than a rubber stamp for the president's agenda. Unilateral presidential control of foreign...

Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Gerald Baier argues that the judicial review of Canadian federalism is under-investigated by political scientists. New institutionalist literature in political science suggests that courts matter as sites of governmental conflict and that they rely on processes of reasoning and decision making that can be distinguished from the political. Baier proposes that the idea of judicial doctrine is necessary to a better understanding of judicial reasoning,...

A companion to the widely acclaimed The Constitution of 1787, this new book by eminent constitutional scholar George Anastaplo examines the nature and effects of the twenty-seven amendments to the U.S. Constitution.

For Anastaplo, these amendments implement the equality, liberty, and rule of law principles that are fundamental to the American system of government. His appendixes of critical documents and his reflections on the Bill of Rights and on the Emancipation Proclamation set this volume apart from other treatises on the amendments to the Constitution.

The social historian, searching for the basis of a culture, often turns to a study of ordinary people. Perhaps one of the most revealing places to find them is in a court of law. In this presentatoin of nine criminal trials of sixteenth-century Rome (1540-75), where magistrates kept verbatim records, Thomas and Elizabeth Cohen paint a lively portrait of a society, one that is reminiscent of Boccaccio. These stories, however, are true.

Each trial transcript is followed by an essay that interprets the beliefs, codes, everyday speech, and personal transactions of a world that is...

In jurisprudential writing, single decisions are often held up as representative without any evidence to support their representative claims. In order to address this problem, Daved Muttart has made a systematic study encompassing every judgment of the Supreme Court of Canada between 1950 and 2003.

Examining almost 5000 cases, Muttart analyses these Supreme Court decisions employing several important criteria including whether the decisions overruled prior precedent, the extent to which they were decided on fact, law, or policy, and the legal and extra-legal modes of reasoning...