Its Constitutional History and the Contempory Debate
How did freedom of the press evolve over the centuries? What values does American press freedom claim to serve? This volume addresses these and other questions. It also offers selections from other cultures on freedom of the press and examines the unprecedented challenges to a free press in the twenty-first century.
Presents excerpts on issues concerning free exercise of religion. This volume covers the historical background of religious freedom in the founding period; the challenges of drawing the boundary between religious freedom and legal duties; and, the challenges of defining 'religion' in a pluralistic society.
The First Amendment: Its Constitutional History and The Contemporary Deb
An anthology of essays on the Establishment Clause of the First Amendment. It addresses both the historical debate surrounding the original understanding of this constitutional provision as well as the controversies regarding its interpretation and application by the courts.
Embraces reproductive justice for all women, but challenge mainstream legal and political solutions based on protecting free choice via neutral governmental policies, which frequently ignore or jeopardize the interests of women of color and the poor.
Examines feminist critiques of medical knowledge and practice; and the legal regulation of pregnancy termination, conception and child-bearing, and behavior during pregnancy. This book demonstrates that the right to choice isn't an automatic guarantee of reproductive justice and gender equality.
Why America Needs to Rethink its Borders and Immigration Laws
Seeking to re-imagine the meaning and significance of the international border, this work makes a case for eliminating the border as a legal construct that impedes the movement of people into this country. It offers an alternative vision of how US borders might be reconfigured, grounded in moral, economic, and policy arguments for open borders.
As seen on The Daily Show, July 24State secrets, warrantless investigations and wiretaps, signing statements, executive privilege -- the executive branch wields many tools for secrecy. Since the middle of the twentieth century, presidents have used myriad tactics to expand and maintain a level of executive branch power unprecedented in this ......
State secrets, warrantless investigations and wiretaps, signing statements, executive privilegethe executive branch wields many tools for secrecy. Since the middle of the twentieth century, presidents have used myriad tactics to expand and maintain a level of executive branch power unprecedented in this nation's history. Most people believe that ......
The US Supreme Court has decided that states may require parental involvement in the abortion decisions of pregnant minors as long as minors have the opportunity to petition for a bypass of parental involvement. This title demonstrates that safeguards promised by parental involvement laws do not exist in practice.
The First Decade of the Americans With Disabilities Act
Signed into law in July 1990, the Americans with Disabilities Act (ADA) became effective two years later, and court decisions about the law began to multiply in the middle of the decade. This book presents the first legislative history of the enactment of the ADA in Congress and analyzes the first decade of judicial decisions under the act.
Building on the insights of both disability studies and civil rights scholars, this work frames the author's examination of disability harassment on the premise that disabled people are members of a minority group that must negotiate an artificial yet often damaging environment of physical and attitudinal barriers.
The First Amendment is the principle guarantor of speech rights in the United States, but the court's interpretations of it often privilege the interests of media owners over those of the broader citizenry. In Speech Rights in America, Laura Stein argues that such rulings prevent the First Amendment from performing its critical role as a protector ......
Many believe that the Fourth Amendment is a poor bulwark against state tyrannies. Here, the author looks at its history. He presents two arguments, first, the original Fourth Amendment served important political functions and secondly, the Amendment's meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery.
Congress, the Constitution, and the Protection of Individual Rights
Assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, challenging conventional wisdom that courts, not legislatures, are best suited for this role. This work examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s.
Shows how the racial boundaries of civic life are based on the perceptions about the relative capacity of minority groups for legal behavior, which the author calls juridical racialism. This book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences.
A Comparative Legal Analysis of the Freedom of Speech
Compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom - countries that are all considered modern democracies, but have radically different understandings of what constitutes free speech.
Judging Equality from Baker v. Carr to Bush v. Gore
In the wake of the 2000 Florida election controversy, many Americans have questioned how the Supreme Court should decide election law disputes. Presenting a study of the issue, this book rethinks the Supreme Court's role in regulating elections. It shows that it should leave contested questions of political equality to the political process.
Drawing on social psychology to detail three ways in which unconscious assumptions can lead to discrimination, this book demonstrates how these dynamics interact in medical care to produce an invisible, self-fulfilling, and self-perpetuating prophecy of racial disparity.
In this new edition, author Steven J. Cann once again enlivens the topic of United States administrative law through the use of recent and "classic" legal cases to make it accessible and interesting to students. Administrative Law, Fourth Edition is an engaging casebook that presents a unique problem-solving framework that contrasts democracy with the administrative state. This novel approach places the often complex subject matter of U.S. administrative law into a more comprehensible context. The Fourth Edition has been completely updated and revised and includes many new cases to reflect changes in the law since the year 2000. Each chapter begins with an interesting case that introduces key concepts followed by a summary of the principles, doctrines, and legal tests used by the courts in that area of administrative law. New cases in the Fourth Edition include: Norton v. Southern Utah Wilderness Alliance, 2004. President Bush's Secretary of Interior made a decision to allow off-road vehicles in wilderness areas. Pennsylvania State Police v. Suders, 2004. This is the Supreme Court's most recent sexual harassment case. Correctional Services Corporation v. Malesko, 2001. Correctional Services Corporation is a private company that contracts with the federal government to run halfway houses. An employee's reckless disregard caused the plaintiff to have another heart attack. Whitman v. American Trucking Association, 2001. The case involves the EPA's enforcement of the Clean Air Act and is the Supreme Court's most recent delegation of power case. Administrative Law is an essential tool for those seeking to understand, or obliged to work within, its general principles. It is an excellent textbook for advanced undergraduate and graduate students studying administrative law in departments of political science and public administration.
The First Decade of the Americans With Disabilities Act
Colker, whose work on the ADA has been cited by the Supreme Court, offers insightful and practical suggestions on where to amend the act to make it more effective in defending disability rights, and also explains judicial hostility toward enforcing the act.
Tsesis explains why the 13th Amendment is essential to contemporary America, offering a fresh analysis of the role the Amendment has played regarding civil rights legislation.
The Authoritative ACLU Guide to the Rights of Patients, Third Edition
Offers documented exposition and explanation of the rights of patients from birth to death. This title covers topics such as informed consent, emergency treatment, refusing treatment, human experimentation, privacy and confidentiality, patient safety, and medical malpractice.
The Authoritative ACLU Guide to the Rights of Lesbians, Gay Men, Bisexua
This book covers the rights of lesbians, gay men, bisexuals, and transgender people under present US law; specifically in regard to freedom of speech and association, employment, housing, the military, family and parenting, and HIV disease.
Understanding Constitutional Issues discusses liberty and justice in contemporary America by exploring eighteen topics of relevance to students and citizens. The reports in this volume include several that won the American Bar Association's Silver Gavel Award in 2002 and touch on issues concerning criminal justice, race, privacy, religion, and politics and power. With the in-depth, accurate, unbiased analysis that is the hallmark of The CQ Researcher, Understanding Constitutional Issues examines specific topics such as: Civil Liberties; Death Penalty; Libraries and the Internet; Presidential Power; Privacy; Religion in the Workplace; School Vouchers; Single Sex Education; Three Strikes Laws; An overview of constitutional issues begins the volume. The reports are organized thematically, and each thematic section is introduced by an essay that updates and weaves the reports together. A table of cases, hints for writing term papers, and a full index round out the volume. Perfect for undergraduate libraries, public libraries, and AP level schools.
100 Americans Making Constitutional History: A Biographical History presents 100 profiles of the key people behind some of the most important US Supreme Court cases. Edited by Melvin I. Urofsky, a respected constitutional historian, each 2,000-word profile delves into the social and political context behind landmark Court decisions. For example, while a case like Brown v. Board of Education is about an important idea - the equal protection of the law - at its heart it is the story of a little girl, Linda Brown, who wanted to go to a decent school near her home. The outcome is accessible and objective "stories" about the individuals - heroes and scoundrels - who fought their way to constitutional history. 100 Americans Making Constitutional History helps students understand the human side of the Supreme Court's decisions from the early republic to the present. Each biographical profile, written by a constitutional scholar or legal analyst, includes a discussion about the Court decision and how the specific legal issues evolved into great constitutional questions and drama. It puts a face and history to major cases by reminding the reader that there are people behind them, seeking vindication of their individual liberties and civil rights. Each profile includes a brief bibliography for further research. Excellent for undergraduate students studying American government, American history, Constitutional Law and journalism.
Judging Equality from Baker v. Carr to Bush v. Gore
In the wake of the 2000 Florida election controversy, many Americans have questioned whether and how the Supreme Court should decide election law disputes. In this comprehensive study of the issue Richard L. Hasen rethinks the Supreme Court's role in regulating elections.
The Law As It Could Be gathers Fiss's most important work on procedure, adjudication and public reason, introduced by the author and including contextual introductions for each piece - some of which are among the most cited in 20th Century American legal studies.
