Kategoria BISAC: Law >> Constitutional

Is the American judiciary still the least dangerous branch, as Alexander Hamilton and legal scholar Alexander Bickel characterized it? Unlike legislatures or administrative agencies, courts do not make policy so much as direct and redirect policy as it is implemented. The judicial contribution to policymaking involves the infusion of constitutional rights into the realm of public policy, and as the government has grown, the courts have become more powerful from doing more and more of this. Powers and Rothman explore the impact of the federal courts, providing a brief account of the...

Zimmerman places in perspective the important roles played by interstate compacts and interstate administrative agreements in the governance systems of the United States. Compacts are identified and classified by type. Particular emphasis is placed on federal government promotion of compacts, including the U.S. Congress enactment of federal-state compacts in which the federal government joins member states as partners to achieve stated goals.

Formal and informal interstate administrative agreements have increased in number dramatically during the past six decades and relate to...

The United States Constitution has already been interpreted to provide a variety of family-related protections which, if applied consistently, also protect same-sex couples and their children. Only by radically reformulating and severely undermining existing protections can courts and commentators justify the claim that the Federal Constitution does not offer a wealth of family protections, including the right to marry a same-sex partner.

Discussing the constitutional implications of civil unions with a special focus on how they might be treated in the interstate context, Strasser...

Baumgartner, Kada, and thier contributors examine presidential impeachment in such varied settings as the United States, Russia, Colombia, Brazil, Venezuela, the Philippines, and Madagascar. In all of these countries there has been a serious impeachment attempt within the past decade or so. The results of each impeachment attempt vary, from unnsuccessful attempts to those which were successful; in the latter case, some resulted in presidents remaining in office, others in removal of the president, and, in one case, the forced resignation of a president.

The common framework of each...

Baumgartner, Kada, and thier contributors examine presidential impeachment in such varied settings as the United States, Russia, Colombia, Brazil, Venezuela, the Philippines, and Madagascar. In all of these countries there has been a serious impeachment attempt within the past decade or so. The results of each impeachment attempt vary, from unnsuccessful attempts to those which were successful; in the latter case, some resulted in presidents remaining in office, others in removal of the president, and, in one case, the forced resignation of a president.

The common framework of each...

Banning therapeutic and reproductive cloning jeopardizes more than cloning itself. The constitutional principles intertwined with cloning embrace such vital liberties as personal autonomy, privacy, reproduction, and freedom of expression. Properly understood, cloning is essentially the same as other forms of assisted reproduction. Procrustean bans on cloning implicate and indirectly threaten numerous key personal interests, including abortion, in vitro fertilization, same-sex adoption, and surrogacy. A government allowed to preemptively isolate and censor medico-scientific research into...

Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems.

This work explores...

Constitutional History of the American Revolution
Volume I: The Authority of Rights
Volume II: The Authority to Tax
Volume III: The Authority to Legislate
Volume IV: The Authority of Law

John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement.

From the McDonald s hot coffee case to the cattle ranchers beef with Oprah Winfrey, from the old English "Assize of Bread" to current nutrition labeling laws, what we eat and how we eat are shaped as much by legal regulations as by personal taste. Barry M. Levenson, the curator of the world-famous (really ) Mount Horeb Mustard Museum and a self-proclaimed "recovering lawyer," offers in Habeas Codfish an entertaining and expert overview of the frustrating, frightening, and funny intersections of food and the law.
Discover how Mr. Peanut shaped the law of trademark infringement for...

How does the Supreme Court work? Is there something undemocratic about having unelected judges overturn laws passed by elected legislators? How can a brief, two-hundred-year old constitution continue to provide the fundamental law for governing the United States? In this book a prominent legal scholar explores these questions with unusual clarity. Harry H. Wellington discusses judicial review (the process by which the court decides whether laws are valid) and the interpretive role the court plays in constitutional regulation and the resolution of individual disputes. Written in an engaging...