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In the Matter of Color: Race and the American Legal Process 1: The Colonial Period
ISBN: 9780195027457 / Angielski / Miękka / 544 str. Judge Higginbotham chronicles in unrelenting detail the role of the law in the enslavement and subjugation of black Americans during the colonial period. It is a moving book that should be read by all Americans who believe in justice and dignity for all.
Judge Higginbotham chronicles in unrelenting detail the role of the law in the enslavement and subjugation of black Americans during the colonial peri...
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cena:
150,80 zł |
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The Judicial Power of the United States: The Eleventh Amendment in American History
ISBN: 9780195040999 / Angielski / Twarda / 244 str. Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts. The first amendment adopted after the Bill of Rights, the Eleventh Amendment limits the exercise of U.S. judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction; by shielding states from liability, the Supreme Court's interpretation of the...
Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in Americ...
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cena:
730,28 zł |
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The First Freedoms: Church and State in America to the Passage of the First Amendment
ISBN: 9780195051810 / Angielski / Miękka / 288 str. Is government forbidden to assist all religions equally, as the Supreme Court has held? Or does the First Amendment merely ban exclusive aid to one religion, as critics of the Court assert? The First Freedoms studies the church-state context of colonial and revolutionary America to present a bold new reading of the historical meaning of the religion clauses of the First Amendment. Synthesizing and interpreting a wealth of evidence from the founding of Virginia to the passage of the Bill of Rights, including everything published in America before 1791, Thomas Curry traces America's...
Is government forbidden to assist all religions equally, as the Supreme Court has held? Or does the First Amendment merely ban exclusive aid to one re...
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cena:
429,10 zł |
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The Tolerant Society
ISBN: 9780195054309 / Angielski / Miękka / 308 str. Bollinger provides a masterful critique of the major theories of freedom of expression, finding these theories persuasive but inadequate. Buttressing his argument with references to the Skokie case and many other examples, as well as a careful analysis of the primary literature on free speech, he contends that the real value of toleration of extremist speech lies in the extraordinary self-control toward antisocial behavior that it elicits: society is strengthened by the exercise of tolerance.
Bollinger provides a masterful critique of the major theories of freedom of expression, finding these theories persuasive but inadequate. Buttressing ...
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cena:
463,85 zł |
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Foundations of American Constitutionalism
ISBN: 9780195059397 / Angielski / Twarda / 332 str. In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanist analytical methods and working assumptions, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and free speech),...
In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from M...
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cena:
932,99 zł |
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Toleration and the Constitution
ISBN: 9780195059472 / Angielski / Miękka / 368 str. Why have the issues of religious liberty, free speech and constitutional privacy come to figure so prominently in our society? What are the origins of the basic principles of our constitutional law? This work develops a general theory of constitutional interpretation based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture. Presenting both historical and theoretical arguments in support of a theory that affirms the moral sovereignty of the people, Richards maintains that toleration, or respect for conscience and individual...
Why have the issues of religious liberty, free speech and constitutional privacy come to figure so prominently in our society? What are the origins of...
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cena:
452,27 zł |
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Human Liberty and Freedom of Speech
ISBN: 9780195079029 / Angielski / Miękka / 400 str. Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the assumptions required by the marketplace of ideas theory and develops the liberty theory, showing its philosophical soundness, persuasiveness, and ability to protect free speech. He argues that First Amendment liberty rights (as well as Fourteenth Amendment equality rights) required by political or moral theory are central to the...
Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in ...
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cena:
394,35 zł |
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National Security Law and the Power of the Purse
ISBN: 9780195085389 / Angielski / Twarda / 272 str. The ideal model of national security decision-making, whereby the Legislative branch authorizes action to protect national security and the Executive branch takes it, has broken down due to the speed and unpredictability of foreign crises and the President's monopoly on foreign intelligence. In response, Congress has ceded the initiative to the President, and then utilized the power of the purse to ratify or restrict what the President has done. This power, by necessity and preference, has become the central congressional tool for participating in national security policy. Inevitably attacks...
The ideal model of national security decision-making, whereby the Legislative branch authorizes action to protect national security and the Executive ...
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cena:
961,95 zł |
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Judicial Power and American Character: Censoring Ourselves in an Anxious Age
ISBN: 9780195089011 / Angielski / Twarda / 208 str. In this highly original book, Robert Nagel demonstrates how contemporary constitutional politics reflect the moral character of American culture. He persuasively argues that judicial decisions embody wider social tendenceies towards moral evasiveness, privatization, and opportunism. Constitutional interpretation, he urges, is often an effort to stifle political disagreement and, ultimately, to censor our own beliefs and traditions. Nagel ranges over such controversial topics as the confirmation hearings of Clarence Thomas and Robert Bork, local resistance to abortion rights, political...
In this highly original book, Robert Nagel demonstrates how contemporary constitutional politics reflect the moral character of American culture. He p...
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cena:
730,28 zł |
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Imbalance of Powers: Constitutional Interpretation and the Making of American Foreign Policy
ISBN: 9780195104776 / Angielski / Miękka / 288 str. The Vietnam War and the Watergate aftermath made it apparent that the increase in executive power which followed World War II needed to be redressed. Congress tried to balance the separation of powers by passing a number of laws that were designed to assert legislative authority in foreign policy. However, the efforts by Congress to achieve its stated objectives consistently failed. Using the struggle over power and control of American foreign policy, Silverstein details the interaction of the executive, legislative, and judicial branches, and traces the altering of the constitutional...
The Vietnam War and the Watergate aftermath made it apparent that the increase in executive power which followed World War II needed to be redressed. ...
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cena:
428,81 zł |
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Judicial Power and American Character: Censoring Ourselves in an Anxious Age
ISBN: 9780195106626 / Angielski / Miękka / 208 str. This original work is an unusual effort to relate modern constitutional politics to the moral character of American culture. Writing in non-technical language, Nagel demonstrates how judicial decisions embody wider social tendencies toward moral evasiveness, privatization, and opportunism. He shows that constitutional interpretation is often used to stifle political disagreement and, ultimately, to censor our own beliefs and traditions. The discussion ranges over such controversial topics as political correctness on the campus and in the case law, resistance to constitutional rights like...
This original work is an unusual effort to relate modern constitutional politics to the moral character of American culture. Writing in non-technical ...
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cena:
382,77 zł |
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The Constitution & the Pride of Reason
ISBN: 9780195117479 / Angielski / Twarda / 224 str. Attempting to realize Plato's vision of a republic governed by "reason," American constitutionalists, according to Steven D. Smith's bold new critical study, have instead reenacted the Tower of Babel myth, producing a constitutional discourse marked by rampant confusion, elaborate sophistry, and thinly veiled authoritarian bullying. How is it that the pursuit of such lofty aims by yesterday's framers and today's scholars has left us mired in a constitutional morass? This timely book ponders that question with the intellectual vigor it deserves. Observing that standard accounts of...
Attempting to realize Plato's vision of a republic governed by "reason," American constitutionalists, according to Steven D. Smith's bold new critical...
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cena:
846,11 zł |
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The Power of the American Presidency: 1789-2000
ISBN: 9780195125450 / Angielski / Miękka / 288 str. In its more than 200-year history, the office of the President of the United States has undergone a variety of dramatic changes. Because our founding fathers left the privileges and responsibilities of the job constitutionally vague and ill-defined, each occupant of the office--from George Washington to Bill Clinton--has tried to set the limits of presidential power as he has seen fit based on the domestic and international circumstances of the day as well as on his own ambition and abilities. In The Power of the American Presidency, Michael A. Genovese, one of the best known and...
In its more than 200-year history, the office of the President of the United States has undergone a variety of dramatic changes. Because our founding ...
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cena:
370,89 zł |
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Regulating Religion: The Courts and the Free Exercise Clause
ISBN: 9780195129441 / Angielski / Twarda / 288 str. Jurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise. The trend is now towards greater acceptance of government claims about the importance of regulation over religious practices. Here, Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new, practical approach to...
Jurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid c...
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cena:
672,36 zł |
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To Form a More Perfect Union: A New Economic Interpretation of the United States Constitution
ISBN: 9780195139709 / Angielski / Twarda / 416 str. Many important questions regarding the creation and adoption of the United States Constitution remain unresolved. Did slaveholdings or financial holdings significantly influence our Founding Fathers' stance on particular clauses or rules contained in the Constitution? Was there a division of support for the Constitution related to religious beliefs or ethnicity? Were founders from less commercial areas more likely to oppose the Constitution? To Form a More Perfect Union successfully answers these questions and offers an economic explanation for the behavior of our Founding Fathers...
Many important questions regarding the creation and adoption of the United States Constitution remain unresolved. Did slaveholdings or financial holdi...
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cena:
429,10 zł |
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Affirmative Action and Racial Preference: A Debate
ISBN: 9780195148954 / Angielski / Miękka / 394 str. Racial preferences are among the most contentious issues in our society, touching on fundamental questions of fairness and the proper role of racial categories in government action. Now two contemporary philosophers, in a lively debate, lay out the arguments on each side.
Carl Cohen, a key figure in the University of Michigan Supreme Court cases, argues that racial preferences are morally wrong--forbidden by the 14th Amendment to the Constitution, and explicitly banned by the Civil Rights Act of 1964. He also contends that such preferences harm society in general, damage the universities... Racial preferences are among the most contentious issues in our society, touching on fundamental questions of fairness and the proper role of racial c...
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cena:
324,56 zł |
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Partners for Democracy: Crafting the New Japanese State Under MacArthur
ISBN: 9780195151169 / Angielski / Twarda / 432 str. In 1945, Japan surrendered unconditionally to the United States and its allies, thereby planting the seed from which would spring one of the world's most successful and stable democracies. In an age when democracy is often pursued, yet rarely accomplished, in which failed democracies are found throughout Africa, Latin America, and Asia, Japan's transformation from an utterly defeated military power into a thriving constitutional democracy commands attention.
It has long been assumed that postwar Japan was largely the making of America, that democracy was simply imposed on a defeated land.... In 1945, Japan surrendered unconditionally to the United States and its allies, thereby planting the seed from which would spring one of the world's m...
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cena:
904,03 zł |
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We the People: The Fourteenth Amendment and the Supreme Court
ISBN: 9780195151251 / Angielski / Miękka / 288 str. Several of the most divisive moral conflicts that have beset Americans in the period since World War II have been transmuted into constitutional conflicts and resolved as such. In his new book, eminent legal scholar Michael Perry evaluates the grave charge that the modern Supreme Court has engineered a "judicial usurpation of politics." In particular, Perry inquires which of several major Fourteenth Amendment conflicts--over race segregation, race-based affirmative action, sex-based discrimination, homosexuality, abortion, and physician-assisted suicide--have been resolved as they should have...
Several of the most divisive moral conflicts that have beset Americans in the period since World War II have been transmuted into constitutional confl...
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cena:
319,05 zł |
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Beyond Citizenship: American Identity After Globalization
ISBN: 9780195152180 / Angielski / Twarda / 194 str. American identity has always been capacious as a concept but narrow in its application. Citizenship has mostly been about being here, either through birth or residence. The territorial premises for citizenship have worked to resolve the peculiar challenges of American identity. But globalization is detaching identity from location. What used to define American was rooted in American space. Now one can be anywhere and be an American, politically or culturally. Against that backdrop, it becomes difficult to draw the boundaries of human community in a meaningful way. Longstanding notions of...
American identity has always been capacious as a concept but narrow in its application. Citizenship has mostly been about being here, either through b...
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cena:
220,31 zł |
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Abortion and Social Responsibility: Depolarizing the Debate
ISBN: 9780195153095 / Angielski / Miękka / 192 str. Shrage argues that Roe v Wade's regulatory scheme of a six-month time span for abortion on demand polarized the public and obscured alternatives with potentially broader support. She explores the origins of that scheme, then defends an alternate one--with a time span shorter than 6 months for non-therapeutic abortions--that could win broad support needed to make legal abortion services available to all women.
Shrage argues that Roe v Wade's regulatory scheme of a six-month time span for abortion on demand polarized the public and obscured alternati...
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cena:
249,27 zł |
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