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Author: Michel Rosenfeld
Publisher:
ISBN: 1107173302
Category : Law
Languages : en
Pages : 515
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Book Description
Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.
Author: Michel Rosenfeld
Publisher:
ISBN: 1107173302
Category : Law
Languages : en
Pages : 515
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Book Description
Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.
Author: Douglas Laycock
Publisher: William B. Eerdmans Publishing Company
ISBN: 9780802876058
Category : Law
Languages : en
Pages : 0
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Book Description
One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious liberty cases in the U.S. appellate courts and Supreme Court. His noteworthy scholarly and popular writings are being collected in four comprehensive volumes under the title Religious Liberty. This first volume gives the big picture of religious liberty in the United States, fitting a vast range of disparate disputes into a coherent pattern - from public school prayers to private school vouchers to regulation of churches and believers. Laycock's clear overviews provide the broad, historical, helpful context often lacking in today's press.
Author: Howard Gillman
Publisher:
ISBN: 0190699736
Category : Law
Languages : en
Pages : 241
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Book Description
In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services.
Author: Ilya Somin
Publisher: University of Chicago Press
ISBN: 022625674X
Category : Law
Languages : en
Pages : 369
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Book Description
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
Author: Robert L. Stern
Publisher:
ISBN:
Category :
Languages : en
Pages : 738
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Book Description
Author: Elazar Barkan
Publisher: Getty Publications
ISBN: 0892366737
Category : Art
Languages : en
Pages : 388
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Book Description
These fourteen essays address controversies over a variety of cultural properties, exploring them from perspectives of law, archeology, physical anthropology, ethnobiology, ethnomusicology, history, and cultural and literary study. The book divides cultural property into three types: Tangible, unique property like the Parthenon marbles; intangible property such as folktales, music, and folk remedies; and communal "representations," which have lead groups to censor both outsiders and insiders as cultural traitors.
Author: Tom W. Bell
Publisher: Mercatus Center at George Mason University
ISBN: 0989219380
Category : Law
Languages : en
Pages : 238
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Book Description
A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.
Author: John O. Ward
Publisher: BRILL
ISBN: 9004368078
Category : Literary Criticism
Languages : en
Pages : 724
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Book Description
Classical Rhetoric in the Middle Ages: The Medieval Rhetors and Their Art 400-1300, with Manuscript Survey to 1500 CE is a completely updated version of John Ward’s much-used doctoral thesis of 1972, and is the definitive treatment of this fundamental aspect of medieval and rhetorical culture. It is commonly believed that medieval writers were interested only in Christian truth, not in Graeco-Roman methods of ‘persuasion’ to whatever viewpoint the speaker / writer wanted. Dr Ward, however, investigates the content of well over one thousand medieval manuscripts and shows that medieval writers were fully conscious of and much dependent upon Graeco-Roman rhetorical methods of persuasion. The volume then demonstrates why and to what purpose this use of classical rhetoric took place.
Author: Tamir Moustafa
Publisher: Cambridge University Press
ISBN: 1108334075
Category : Law
Languages : en
Pages :
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Book Description
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 8
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Book Description
