Clarence Thomas and the Failure of the Constitutional Conservatives
Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. This text argues that the jurisprudence of original intent, represented on the 2002 Supreme Court by Justice Antonin Scalia and Clarence Thomas, has failed on its own terms.
Brings together a group of US Supreme Court Justices and US Court of Appeals Judges, who are some of our most prominent legal scholars, to discuss an array of topics on civil liberties. This title examines issues as how legal error should be handled, the death penalty, reasonable doubt, and racism in American and South African courts.
A Critical Diagnosis of Religious Freedom in America
Questions of religious freedom continue to excite passionate public debate. Proposals involving school prayer and the posting of the Ten Commandments in schools and courtrooms perennially spur controversy. The author argues that we must get over our presumption that all religions are equally true and virtuous and authentically American.
Conflict and Reconciliation in Post-Civil Rights America
Once dominated by black-white relations, discussions of race in the USA are increasingly informed by an awareness of strife between non-white racial groups. Combining race history, legal theory, theology, social psychology and anecdote, this work offers an examination of race and responsibility.
Chief Justice John Marshall was among the major figures of American law, and widely regarded as the father of the Supreme Court. This is a study of the pre-Marshall Supreme Court and its justices, with a view to offering a better understanding of the origins of American constitutionalism.
Focuses on four ideological movements and their strategies, among them the struggle over the closing of gay bathhouses in the early years of the AIDS crisis and the radical feminist use of rage and radical consciousness in anti- pornography campaigns.
This book will expand the thinking of forensic psychologists, legal professionals, and mental health practitioners who work with the law or serve as expert witnesses in court.
How to Save Yourself from Your Heirs and Protectors : Involuntary Conser
Highlights the problem areas common to the codes that should be changed and recommends ways that seniors can protect themselves to preserve their personal and financial freedom in their retirement years. This book suggests alternatives to conservatorships and guardianships that exist in states to help the elderly with aspects of daily living.
Identifying a profoundly male bias in the law, this text recommends a reasonable woman standard for measuring behaviour, arguing that a woman-based legal standard would help rectify the imbalance in how society and its legal system view sexual and gender-based crime.
Tracing the origins of the black rage defence back through American history, this work recreates many dramatic legal trials. The author distinguishes between applying an environmental defence and simply blaming society, in the abstract, for individual crimes.
Conflict and Reconciliation in Post-Civil Rights America
Once dominated by black-white relations, discussions of race in the USA are increasingly informed by an awareness of strife between non-white racial groups. Combining race history, legal theory, theology, social psychology and anecdote, this work offers an examination of race and responsibility.
A Critical History of the Separation of Church and State
A work which sets out to show that the separation of Church and State is invoked to further Christian domination of American society. The book contains material of interest to scholars of Church history, Jewish persecution, normative political theory and constitutional law.
Features the four primary documents that, since 1878, formed a type of 'preamble' to the revised United States Code, including the Declaration of Independence, the Articles of Confederation, the Northwest Ordinance, and the Constitution. This book discusses how and why these documents were given such an important place in the US Code.
Chief Justice John Marshall was among the major figures of American law, and widely regarded as the father of the Supreme Court. This is a study of the pre-Marshall Supreme Court and its justices, with a view to offering a better understanding of the origins of American constitutionalism.
Legitimate Legal Argument and Constitutional Interpretation
The United States is generally believed to be a liberal, rights-based culture. In such a society, according to Richard S. Markovits, arguments of moral principle dominate legal discourse. Markovits analyzes various rights related to our society's basic duties of showing appropriate, equal respect for all creatures capable of moral integrity and ......
While the Constitution is the cornerstone of American government, some who are most familiar with the document find it lacking. This unique volume brings together many of the country's most esteemed constitutional commentators and challenges them to select the stupidest provision of the Constitution--then to surmise possible results if different ......
The Constitution is the cornerstone of American government, hailed as one of the greatest contributions of the Western Enlightenment. While many seem content simply to celebrate it, those most familiar with the document invariably find it wanting in at least some aspects. This unique volume brings together many of the country's most esteemed ......
Demonstrates that speech is a more complicated and dynamic notion than we often assume. This book covers issues such as government restrictions on hate speech and obscene and indecent speech; the constitutionality of campaign finance reform; and the treatment to be accorded new technologies of communication under the Constitution.
Demonstrates that speech is a more complicated and dynamic notion than we often assume. This book covers issues such as government restrictions on hate speech and obscene and indecent speech; the constitutionality of campaign finance reform; and the treatment to be accorded new technologies of communication under the Constitution.
Tracing the origins of the black rage defence back through American history, this work recreates many dramatic legal trials. The author distinguishes between applying an environmental defence and simply blaming society, in the abstract, for individual crimes.
Discusses the American racial scene, touching on such issues as the role of minorities in an age of global markets and competition, the black left, the rise of the black right, black crime, feminism, law reform, and the economics of racial discrimination.
Bisexuals, Multiracials, and Other Misfits Under American Law
The United States, and the West in general, has always organized society along bipolar lines. We are either gay or straight, male or female, white or not, disabled or not. This book argues that our bipolar classification system obscures a genuine understanding of nature of subordination. It shows how categories can be improved for the good of all.
A Critical History of the Separation of Church and State
Whether in the form of Christmas trees in town squares or prayer in school, fierce disputes over the separation of church and state have long bedeviled this country. This book argues that the separation of church and state primarily manifests and reinforces Christian domination in American society.
Focuses on four ideological movements and their strategies, among them the struggle over the closing of gay bathhouses in the early years of the AIDS crisis and the radical feminist use of rage and radical consciousness in anti- pornography campaigns.
Conflict is the essence of civil liberty. Individual, or group, rights are rarely, if ever, recognized without a struggle. From the day that King John was forced at Runnymede to acknowledge that his barons had certain prerogatives, to the present era, when racial minorities, women, and gays and lesbians fight for a place at the table, the din of ......
Conflict is the essence of civil liberty. Individual, or group, rights are rarely, if ever, recognized without a struggle. From the day that King John was forced at Runnymede to acknowledge that his barons had certain prerogatives, to the present era, when racial minorities, women, and gays and lesbians fight for a place at the table, the din of ......
Discusses the American racial scene, touching on such issues as the role of minorities in an age of global markets and competition, the black left, the rise of the black right, black crime, feminism, law reform, and the economics of racial discrimination.
Examining the history behind the writing of the religion clauses of the First Amendment, this book focuses on the courts' interpretations of these clauses over the centuries. It also includes the debates in Congress over their application, especially as regards prayer in the public schools.
This study strives to illustrate the lingering second-class status of women under the current legal system in the United States, and questions whether a one-size-fits-all vision of individual rights will ever improve the situation.
The Supreme Court and Minorities in Contemporary America
Studies the role of the US Supreme Court in race relations policy. This work argues that the Supreme Court considers the disadvantages imposed on whites - and not the character of harm suffered by blacks - to determine the measure of relief that it grants victims of racial injustice.
