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.
In 1787, "We the people" were the three words that not only engendered a new and cohesive nation; they went on to change the face of the world as well. This book prefaces the volume with a succinct history and interpretation of the place and meaning of both the Declaration and the Constitution in American life.
The Constitution of the United States guarantees all Americans certain rights, such as the freedoms of speech and religious expression. But what guarantees our sexual freedoms? This title presents a look at the constitutional basis of sexual rights in America.
In this work Eric M. Freedman re-examines four of the United States Supreme Court's most important habeas corpus rulings. He uncovers new original sources and tells the stories of the cases. He then presents an interpretation that rewrites the conventional view.
Takes into account not only the famous (or infamous, depending on the reader's point of view) judicial decision on the Presidency, but a myriad of others as well in which the US Supreme Court has considered the constitutionality of a range of issues involving voting and elections, representation, and political participation.
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.
This volume examines the nature and effects of the separation of the US executive and legislative branches, followed by a comparison of presidents and their relative advantages in working with Congress. The author treats specific developments in presidential-congressional relations by analyzing the experiences and styles of Lyndon B. Johnson, Richard Nixon, Gerald Ford, Jimmy Carter, Ronald Reagan, George Bush and Bill Clinton. A new expanded chapter on Clinton reviews the latest dramatic phases of Clinton's experiences with Congress and provides a basis for analyzing one of, arguably, the most interesting presidencies in recent times, and the workings of a separated system.
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 ......
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 ......
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 ......
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.
