Kategoria BISAC: Law >> Constitutional

Harold Berman's masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic political and social upheavals on the systems of legal philosophy, legal science, criminal law, civil and economic law, and social law in Germany and...

Although the Equal Rights Amendment failed to be ratified by the necessary three-quarters majority of the states, the central questions and events that surrounded the campaign for ratification persist as mainstream issues. This annotated bibliography offers a comprehensive guide to the discussion of these issues in books, articles, documents, and the media between 1976, when the campaign for ratification was well under way, and 1985, three years following its defeat. Each chapter begins with the longest and most significant citations, which are fully annotated, followed by listings of...

Harlan. Known today to every student of constitutional law, principally for his dissenting opinions in early racial discrimination cases, Harlan was an important actor in every major public issue that came before the Supreme Court during his thirty-three-year tenure.

Named by a hopeful father for Chief Justice John Marshall, Harlan began his career as a member of the Kentucky Whig slavocracy. Loren Beth traces the young lawyer's development from these early years through the secession crisis and Civil War, when Harlan remained loyal to the Union, both as a politician and as a...

The lawyers and legal commentators who contribute to We Dissent unanimously agree that during Chief Justice William Rehnquist's nineteen-year tenure, the Supreme Court failed to adequately protect civil liberties and civil rights. This is evident in majority opinions written for numerous cases heard by the Rehnquist Court, and eight of those cases are re-examined here, with contributors offering dissents to the Court's decisions. The Supreme Court opinions criticized in We Dissent suggest that the Rehnquist Court placed the interests of government above...

Constitutional amendments, like all laws, may lead to unanticipated and even undesired outcomes. In this collection of original essays, a team of distinguished historians, political scientists, and legal scholars led by award-winning constitutional historian David E. Kyvig examines significant instances in which reform produced something other than the foreseen result. An opening essay examines the intentions of the Constitution s framers in creating an amending mechanism and then explores unexpected uses of that instrument. Thereafter, authors focus on the Bill of Rights and subsequent...

Recently, however, the government has been slow to act on the Commission's recommendations....