Book Description
This book argues that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate.
Author : Robert Leckey
Publisher : Cambridge University Press
Page : 259 pages
File Size : 50,62 MB
Release : 2015-05-07
Category : Law
ISBN : 1107038537
This book argues that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate.
Author : The National Archives
Publisher : Oxford University Press
Page : 257 pages
File Size : 42,89 MB
Release : 2006-07-04
Category : History
ISBN : 0198042272
Our Documents is a collection of 100 documents that the staff of the National Archives has judged most important to the development of the United States. The entry for each document includes a short introduction, a facsimile, and a transcript of the document. Backmatter includes further reading, credits, and index. The book is part of the much larger Our Documents initiative sponsored by the National Archives and Records Administration (NARA), National History Day, the Corporation for National and Community Service, and the USA Freedom Corps.
Author : John V. Sullivan
Publisher :
Page : 72 pages
File Size : 33,58 MB
Release : 2007
Category : Government publications
ISBN :
Author : Linda R. Monk
Publisher : Hachette Books
Page : 491 pages
File Size : 10,18 MB
Release : 2018-04-10
Category : Political Science
ISBN : 0316417750
With a foreword by Justice Ruth Bader Ginsburg of the U.S. Supreme Court. An Engaging, Accessible Guide to the Bill of Rights for Everyday Citizens. In The Bill of Rights: A User's Guide, award-winning author and constitutional scholar Linda R. Monk explores the remarkable history of the Bill of Rights amendment by amendment, the Supreme Court's interpretation of each right, and the power of citizens to enforce those rights. Stories of the ordinary people who made the Bill of Rights come alive are featured throughout. These include Fannie Lou Hamer, a Mississippi sharecropper who became a national civil rights leader; Clarence Earl Gideon, a prisoner whose handwritten petition to the Supreme Court expanded the right to counsel; Mary Beth Tinker, a 13-year-old whose protest of the Vietnam War established free speech rights for students; Michael Hardwick, a bartender who fought for privacy after police entered his bedroom unlawfully; Suzette Kelo, a nurse who opposed the city's takeover of her working-class neighborhood; and Simon Tam, a millennial whose 10-year trademark battle for his band "The Slants" ended in a unanimous Supreme Court victory. Such people prove that, in the words of Judge Learned Hand, "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court, can save it." Exploring the history, scope, and meaning of the first ten amendments-as well as the Fourteenth Amendment, which nationalized them and extended new rights of equality to all-The Bill of Rights: A User's Guide is a powerful examination of the values that define American life and the tools that every citizen needs.
Author : Samuel D. Brandeis, Louis D. Warren
Publisher : BoD – Books on Demand
Page : 42 pages
File Size : 23,48 MB
Release : 2018-04-05
Category : Fiction
ISBN : 3732645487
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
Author : Robert Leckey
Publisher : Cambridge University Press
Page : 259 pages
File Size : 21,44 MB
Release : 2015-05-05
Category : Law
ISBN : 1316298728
Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problematic. Highlighting inventiveness in rights adjudication, including creative remedies and guidance to legislative drafters, he challenges classifications of review as strong or weak. Disputing claims that it is modest and dialogic, he also argues that remedial discretion denies justice to individuals and undermines constitutional supremacy.
Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
Page : 180 pages
File Size : 11,79 MB
Release : 2019-09-27
Category :
ISBN : 9781680923025
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author : George Rutherglen
Publisher : Oxford University Press, USA
Page : 225 pages
File Size : 33,11 MB
Release : 2013-01-17
Category : History
ISBN : 0199739706
The author begins with the birth of civil rights - the circumstances, acts and legacy of the 39th Congress, constitutional origins, passage and structure of the Act, moves through the Fourteenth Amendment and into restrictive interpretations and quiescent years, and finishes with a chapter on discerning the future from the past and the contemporary significance of the Act.
Author : David A. Strauss
Publisher : Oxford University Press
Page : 171 pages
File Size : 12,27 MB
Release : 2010-05-19
Category : Law
ISBN : 0199703698
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Author : United States
Publisher :
Page : 1722 pages
File Size : 25,47 MB
Release : 2001
Category : Law
ISBN :