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Congress And The Constitution

46,31€ + 10% CARD

 For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress's capacity to respect constitutional boundaries, the Court has recently overturned federal legislation at a historically unprecedented rate. This intensified judicial scrutiny highlights the need for increased attention to how Congress approaches constitutional issues. In this important collection, leading scholars in law and political science examine the role of Congress in constitutional interpretation, demonstrating how to better integrate the legislative branch into understandings of constitutional practice.Several contributors offer wide-ranging accounts of the workings of Congress. They look at lawmakers' attitudes toward Congress's role as a constitutional interpreter, the offices within Congress that help lawmakers learn about constitutional issues, Congress's willingness to use its confirmation power to shape constitutional decisions by both the executive and the courts, and the frequency with which congressional committees take constitutional questions into account. Other contributors address congressional deliberation, paying particular attention to whether Congress's constitutional interpretations are sound. Still others examine how Congress and the courts should respond to one another's decisions, suggesting how the courts should evaluate Congress's work and considering how lawmakers respond to Court decisions that strike down federal legislation. While some essayists are inclined to evaluate Congress's constitutional interpretation positively, others argue that it could be improved and suggest institutional and procedural reforms toward that end. Whatever their conclusions, all of the essays underscore the pervasive and crucial role that Congress plays in shaping the meaning of the Constitution.Contributors. David P. Currie, Neal Devins, William N. Eskridge Jr.. John Ferejohn, Louis Fisher, Elizabeth Garrett, Michael J. Gerhardt, Michael J. Klarman, Bruce G. Peabody, J. Mitchell Pickerill, Barbara Sinclair, Mark Tushnet, Adrian Vermeule, Keith E. Whittington, John C. Yoo
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Constitution In Wartime - Beyond Alarmism And Complacency

46,31€ + 10% CARD

 <div>Most recent discussion of the United States Constitution and war—both the war on terrorism and the war in Iraq—has been dominated by two diametrically opposed views: the alarmism of those who see many current policies as portending gross restrictions on American civil liberties, and the complacency of those who see these same policies as entirely reasonable accommodations to the new realities of national security. Whatever their contributions to the public discussion and policy-making processes, these voices contribute little to an understanding of the real constitutional issues raised by war. Providing the historical and legal context needed to assess competing claims, The Constitution in Wartime identifies and explains the complexities of the important constitutional issues brought to the fore by wartime actions and policies. Twelve prominent legal scholars and political scientists combine broad overviews of U.S. history and contemporary policy with detailed yet accessible analyses of legal issues of pressing concern today.Some of the essays are broad in scope, reflecting on national character, patriotism, and political theory; exploring whether war and republican government are compatible; and considering in what sense we can be said to be in wartime circumstances today. Others are more specific, examining the roles of Congress, the presidency, the courts, and the international legal community. Throughout the collection, balanced, unbiased analysis leads to some surprising conclusions, one of which is that wartime conditions have sometimes increased, rather than curtailed, civil rights and civil liberties. For instance, during the cold war, government officials regarded measures aimed at expanding African Americans’ freedom at home as crucial to improving America’s image abroad.Contributors. Sotirios Barber, Mark Brandon, James E. Fleming, Mark Graber, Samuel Issacharoff, David Luban, Richard H. Pildes, Eric Posner, Peter Spiro, William Michael Treanor, Mark Tushnet, Adrian Vermeule</div>
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From The Grassroots To The Supreme Court - Brown V. Board Of Education And American Democracy

52,93€ + 10% CARD

 <div>Perhaps more than any other Supreme Court ruling, Brown v. Board of Education, the 1954 decision declaring the segregation of public schools unconstitutional, highlighted both the possibilities and the limitations of American democracy. This collection of sixteen original essays by historians and legal scholars takes the occasion of the fiftieth anniversary of Brown to reconsider the history and legacy of that landmark decision. From the Grassroots to the Supreme Court juxtaposes oral histories and legal analysis to provide a nuanced look at how men and women understood Brown and sought to make the decision meaningful in their own lives.The contributors illuminate the breadth of developments that led to Brown, from the parallel struggles for social justice among African Americans in the South and Mexican, Asian, and Native Americans in the West during the late nineteenth century to the political and legal strategies implemented by the National Association for the Advancement of Colored People (naacp) in the twentieth century. Describing the decision’s impact on local communities, essayists explore the conflict among African Americans over the implementation of Brown in Atlanta’s public schools as well as understandings of the ruling and its relevance among Puerto Rican migrants in New York City. Assessing the legacy of Brown today, contributors analyze its influence on contemporary law, African American thought, and educational opportunities for minority children.Contributors Tomiko Brown-Nagin Davison M. Douglas Raymond Gavins Laurie B. Green Christina Greene Blair L. M. Kelley Michael J. Klarman Peter F. Lau Madeleine E. Lopez Waldo E. Martin Jr. Vicki L. Ruiz Christopher Schmidt Larissa M. Smith Patricia Sullivan Kara Miles Turner Mark V. Tushnet</div>
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Federal Appointments Process - A Constitutional And Historical Analysis

by Michael J. Gerhardt

52,93€ + 10% CARD

 Provides an overview of the constitutional dynamics and significance of the federal appointments process throughout American history. This work includes each American president's performance record regarding judicial and non-judicial appointments, accounts of major confirmation contests and controversies, and a discussion of legal questions.
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Free Speech, The People'S Darling Privilege - Struggles For Freedom Of Expression In American History

by Michael Kent Curtis

132,43€ + 10% CARD

 Modern ideas about the protection of free speech in the United States did not originate in twentieth-century Supreme Court cases, as many have thought. Free Speech, "The People's Darling Privilege" refutes this misconception by examining popular struggles for free speech that stretch back through American history. Michael Kent Curtis focuses on struggles in which ordinary and extraordinary people, men and women, black and white, demanded and fought for freedom of speech during the period from 1791-when the Bill of Rights and its First Amendment bound only the federal government to protect free expression-to 1868, when the Fourteenth Amendment sought to extend this mandate to the states. A review chapter is also included to bring the story up to date.Curtis analyzes three crucial political struggles: the controversy that surrounded the 1798 Sedition Act, which raised the question of whether criticism of elected officials would be protected speech; the battle against slavery, which raised the question of whether Americans would be free to criticize a great moral, social, and political evil; and the controversy over anti-war speech during the Civil War. Many speech issues raised by these controversies were ultimately decided outside the judicial arena-in Congress, in state legislatures, and, perhaps most importantly, in public discussion and debate. Curtis maintains that modern proposals for changing free speech doctrine can usefully be examined in the light of this often ignored history. This broader history shows the crucial effect that politicians, activists, ordinary citizens-and later the courts-have had on the American understanding of free speech.Filling a gap in legal history, this enlightening, richly researched historical investigation will be valuable for students and scholars of law, U.S. history, and political science, as well as for general readers interested in civil liberties and free speech.
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Year At The Supreme Court

46,31€ + 10% CARD

 The United States Supreme Court's 2002-03 term confounded Court watchers. The same Rehnquist Court that many had seen as solidly conservative and unduly activist-the Court that helped decide the 2000 presidential election and struck down thirty-one federal statutes since 1995-issued a set of surprising, watershed rulings. In a term filled with important and unpredictable decisions, it upheld affirmative action, invalidated a same-sex sodomy statute, and reversed a death sentence due to ineffective assistance of counsel. With essays focused on individual Justices, Court practices, and some of last year's most important rulings, this volume explores the meaning and significance of the Court's 2002-03 term. Seasoned Supreme Court advocates and journalists from The New Republic, The Los Angeles Times, Newsweek, National Journal, Slate, and Legal Times grapple with questions about the Rehnquist Court's identity and the Supreme Court's role in the political life of the country.Some essays consider the role of "swing" Justices Sandra Day O'Connor and Anthony Kennedy within a Court that divides 5-4 more than any other group of Justices in the nation's history. Others examine the political reaction to and legal context of the Court's Lawrence v. Texas decision declaring a Texas law criminalizing homosexual sodomy unconstitutional. Contributors analyze the Court's rulings on affirmative action and reassess its commitment to states' rights. Considering the Court's practices, one advocate explores the use and utility of amicus curiae, or "friend of the court" briefs, while another reflects on indications of an increased openness by the Court to public scrutiny. Two advocates who argued cases before the Court-one related to hate speech and the other to a "three strikes and you're out" criminal statute-offer vivid accounts of their experiences. Intended for general readers, A Year at the Supreme Court is for all those who want to understand the Rehnquist Court and its momentous 2002-03 term.ContributorsErwin ChemerinskyNeal DevinsDavison M. DouglasDavid J. GarrowDahlia LithwickTony MauroCarter PhillipsRamesh PonnuruJeffrey RosenDavid G. SavageRodney A. SmollaStuart Taylor Jr.
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Constitutional Deliberation In Congress - The Impact Of Judicial Review In A Separated System

by J. Mitchell Pickerill

41,01€ + 10% CARD

 In Constitutional Deliberation in Congress J. Mitchell Pickerill analyzes the impact of the Supreme Court's constitutional decisions on Congressional debates and statutory language. Based on a thorough examination of how Congress responds to key Court rulings and strategizes in anticipation of them, Pickerill argues that judicial review-or the possibility of it-encourages Congressional attention to constitutional issues. Revealing critical aspects of how laws are made, revised, and refined within the separated system of government of the United States, he makes an important contribution to "constitutionalism outside the courts" debates.Pickerill combines legislative histories, extensive empirical findings, and interviews with current and former members of Congress, congressional staff, and others. He examines data related to all of the federal legislation struck down by the Supreme Court from the beginning of the Warren Court in 1953 through the 1996-97 term of the Rehnquist Court. By looking at the legislative histories of Congressional acts that invoked the Commerce Clause and presented Tenth Amendment conflicts-such as the Child Labor Act (1916), the Civil Rights Act (1965), the Gun-Free School Zones Act (1990), and the Brady Bill (1994)-Pickerill illuminates how Congressional deliberation over newly proposed legislation is shaped by the possibility of judicial review. The Court's invalidation of the Gun-Free School Zones Act in its 1995 ruling United States v. Lopez signaled an increased judicial activism regarding issues of federalism. Pickerill examines that case and compares congressional debate over constitutional issues in key pieces of legislation that preceded and followed it: the Violence Against Women Act of 1994 and the Hate Crimes Prevention Act of 1997. He shows that Congressional attention to federalism increased in the 1990s along with the Court's greater scrutiny.
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Militia And The Right To Arms, Or, How The Second Amendment Fell Silent

by H. Richard Uviller e William G. Merkel

52,93€ + 10% CARD

 "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."-Amendment II, United States ConstitutionThe Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century.Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar. Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.
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Beyond Repair? - America''S Death Penalty

46,31€ + 10% CARD

 Can the death penalty be administered in a just way-without executing the innocent, without regard to race, and without arbitrariness? How does capital punishment in the United States fit with international human rights law? These are among the questions that leading legal scholars and journalists explore in Beyond Repair? All new, the essays in this collection focus on the period since 1976, when the Supreme Court held that capital punishment, in and of itself, does not violate the Constitution. In addition to reflecting on the most recent developments in the law, the contributors draw on empirical research to consider connections between newly available data and modern American death penalty procedures.A number of the essays scrutinize thinking about capital punishment. They examine why, following almost two decades of strong public support for the death penalty, public opinion in favor of it has recently begun to decline. Beyond Repair? presents some of the findings of the Capital Jury Project, a nationwide research initiative that has interviewed over one thousand people who served as jurors in capital trials. It looks at what goes through the minds of jurors asked to consider imposing the death penalty, how qualified they are to make such an important decision, and how well they understand the judge's instructions. Contributors also investigate the risk of executing the innocent, the role that race plays in determining which defendants are sentenced to death, and the effect of expanded restrictions on access to federal appellate relief. The postscript contemplates the peculiarities of our contemporary system of capital punishment, including the alarming variance in execution rates from state to state.Filled with current insights and analysis, Beyond Repair? will provide valuable information to attorneys, political scientists, criminologists, and all those wanting to participate knowledgeably in the debates about the death penalty in America.Contributors. Ken Armstrong, John H. Blume, Theodore Eisenberg, Phoebe C. Ellsworth, Stephen P. Garvey, Samuel R. Gross, Sheri Lynn Johnson, Steve Mills, William A. Schabas, Larry W. Yackle, Franklin E. Zimring
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Only One Place Of Redress - African Americans, Labor Regulations, And The Courts From Reconstruction To The New Deal

by David E. Bernstein

72,81€ + 10% CARD

 <div>In Only One Place of Redress David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power. Both intentionally and incidentally, claims Bernstein, these laws restricted in particular the job mobility and economic opportunity of blacks. A pioneer in applying the insights of public choice theory to legal history, Bernstein contends that the much-maligned jurisprudence of the Lochner era—with its emphasis on freedom of contract and private market ordering—actually discouraged discrimination and assisted groups with little political clout. To support this thesis he examines the motivation behind and practical impact of laws restricting interstate labor recruitment, occupational licensing laws, railroad labor laws, minimum wage statutes, the Davis-Bacon Act, and New Deal collective bargaining. He concludes that the ultimate failure of Lochnerism—and the triumph of the regulatory state—not only strengthened racially exclusive labor unions but contributed to a massive loss of employment opportunities for African Americans, the effects of which continue to this day. Scholars and students interested in race relations, labor law, and legal or constitutional history will be fascinated by Bernstein’s daring—and controversial—argument. </div>
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Year In The Life Of The Supreme Court

by Aaron Epstein, David Savage, Kay Kindred, Stephen Wermiel e Tony Mauro

46,31€ + 10% CARD

 Despite its importance to the life of the nation and all its citizens, the Supreme Court remains a mystery to most Americans, its workings widely felt but rarely seen firsthand. In this book, journalists who cover the Court-acting as the eyes and ears of not just the American people, but the Constitution itself-give us a rare close look into its proceedings, the people behind them, and the complex, often fascinating ways in which justice is ultimately served. Their narratives form an intimate account of a year in the life of the Supreme Court.The cases heard by the Surpreme Court are, first and foremost, disputes involving real people with actual stories. The accidents and twists of circumstance that have brought these people to the last resort of litigation can make for compelling drama. The contributors to this volume bring these dramatic stories to life, using them as a backdrop for the larger issues of law and social policy that constitute the Court's business: abortion, separation of church and state, freedom of speech, the right of privacy, crime, violence, discrimination, and the death penalty. In the course of these narratives, the authors describe the personalities and jurisprudential leanings of the various Justices, explaining how the interplay of these characters and theories about the Constitution interact to influence the Court's decisions.Highly readable and richly informative, this book offers an unusually clear and comprehensive portrait of one of the most influential institutions in modern American life.
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Violence As Obscenity - Limiting The Media''S First Amendment Protection

by Kevin W. Saunders

46,31€ + 10% CARD

 Seeks to expand the definition of obscenity to include explicit and offensive depictions of violence. This work examines the public debate on media violence, the arguments of professional and public interest groups urging governmental action, and the media and the ACLUOs desire for self-regulation.
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Truman And The Steel Seizure Case - The Limits Of Presidential Power

by Maeva Marcus

41,01€ + 10% CARD

 Government seizure of the nation's strikebound steel mills on 8 April 1952 stands as one of President Harry S Truman's most controversial actions, representing an unprecedented use of presidential power. On 8 June 1952 the United States Supreme Court invalidated Truman's order with its monumental decision in Youngstown Sheet and Tube Co. v. Sawyer. The history and significance of this case constitute the subject of Maeva Marcus's meticulously researched, brilliantly analyzed, and authoritative study. From Truman's initial assertion of "inherent" executive power under the Constitution to the High Court's seven opinions, Marcus assesses the influence of the case on the doctrine of separation of powers and, specifically, the nature and practice of executive authority. First published in 1977 (Columbia University Press), and reissued here in paperback with a new foreword by Louis Fisher, this book remains the definitive account of the Steel Seizure incident and its political and legal ramifications.
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Against The Law

by Paul F. Campos, Pierre Schlag e Steven D. Smith

46,31€ + 10% CARD

 A fundamental critique of American law and legal thought, this book consists of a series of essays written from three different perspectives that coalesce into a criticism of contemporary legal culture. It is of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists.
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Constitutional Literacy - A Core Curriculum For A Multicultural Nation

by T Massaro

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Her Husband

by Luigi Pirandello

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 Evoking in vivid detail the literary world in Rome at the turn of the century, this title tells the story of Silvia Roncella, a talented young female writer, and her husband Giustino Boggiolo. It opens with their arrival in Rome after having left their provincial southern Italian hometown following the success of Silvia's first novel.
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Learning A Trade - A Craftsman'S Notebooks: 1955-1997

by Reynolds Price

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 The notebooks where Price worked out the characters, plots, and details of his novels.
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Only One Place Of Redress - African Americans, Labor Regulations, And The Courts From Reconstruction To The New Deal

by David E. Bernstein

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 Offering a bold reinterpretation of American legal history, the author argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power.
ENGLISH

Free Speech, The People'S Darling Privilege - Struggles For Freedom Of Expression In American History

by Michael Kent Curtis

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 Considering key struggles for free speech in early US history, this book states that most of these were settled outside the judicial arena by legislatures following public opinion. It is for students and scholars of law, US history, and political science, as well as for general readers interested in civil liberties and free speech.
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The Federal Appointments Process - A Constitutional And Historical Analysis

by Michael J. Gerhardt

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 Provides a historical analysis of the US federal appointments process and proposes reform measures for that process.
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The Real Thing - Testimonial Discourse And Latin America

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 Suitable for scholars and students of Latin American studies, postcolonial studies, anthropology, and comparative literature, this book includes essays that analyse the testimonio, its history, and its place in contemporary consciousness.
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The Third And Only Way - Reflections On Staying Alive

by Helen Bevington

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 Looks for answers to the question of how to live or, more specifically, how to confront growing older. The author contemplates the course of her life in view of the suicide of her father, the final years her mother spent in unwilling solitude, and the suicide of her son following a crippling automobile accident from which he could never recover.
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Not Of Pure Blood - The Free People Of Color And Racial Prejudice In Nineteenth-Century Puerto Rico

by Jay Kinsbruner

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 Countering the misconception that racial discrimination has not existed in Puerto Rico, this book shows that racial prejudice has had an insidious effect on Puerto Rican society. It is of interest to specialists in Caribbean studies, Puerto Rican history, and Latin America studies, and to scholars investigating racism and discrimination.
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Against The Law

by Paul F. Campos, Pierre Schlag e Steven D. Smith

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 Presents a critique of American law and legal thought. This work demonstrates that for many in the legal community, law has become a kind of substitute religion, an idolatrous practice composed of self-misrepresentation and self-deception. It is of interest to legal academics, sociologists, historians, social theorists, and American lawyers.
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