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Author: James J. Tomkovicz
Publisher: Oxford University Press, USA
ISBN: 0195369246
Category : Law
Languages : en
Pages : 449
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Book Description
In this volume, James Tomkovicz discusses the 'exclusionary rules' which prevent evidence of a criminal defendant's guilt from being introduced at trial, and which incite strong, often hostile reactions from the public.
Author: James J. Tomkovicz
Publisher: Oxford University Press, USA
ISBN: 0195369246
Category : Law
Languages : en
Pages : 449
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Book Description
In this volume, James Tomkovicz discusses the 'exclusionary rules' which prevent evidence of a criminal defendant's guilt from being introduced at trial, and which incite strong, often hostile reactions from the public.
Author: Gerald Leonard
Publisher: Cambridge University Press
ISBN: 1107024161
Category : History
Languages : en
Pages : 259
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Book Description
Provides a compelling account of early American constitutionalism in the Founding era.
Author: Daniel Moeckli
Publisher: Cambridge University Press
ISBN: 1107154650
Category : Law
Languages : en
Pages : 579
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Book Description
This book explores the implications of banning people from public space for the rule of law, fundamental rights, and democracy.
Author: Ediberto Román
Publisher: NYU Press
ISBN: 0814776078
Category : Law
Languages : en
Pages : 226
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Book Description
Religion is one of the most powerful forces running through human history, and although often presented as a force for good, its impact is frequntly violent and divisive. This provocative work brings together cutting-edge research from both evolutionary and cognitive psychology to help readers understand the psychological structure of religious violence. These insights are applied to both Judaism and Christianity, and their texts, to illustrate how our evolved mind shapes religious beliefs and influences human events. Contrary to the popular belief that religious violence is a corruption of true religion, carried out by individuals who twist its teachings, Teehan argues that religious violence is in fact grounded in the moral psychology of religion. This controversial argument is illustrated with reference to the 9/11 terrorist attacks, and the response to the attacks from both the terrorists and the President. In the Name of God represents a fundamentally new approach to the analysis of religion. By applying evolutionary psychology, we can gain a fresh perspective on religious texts, and a better understanding of their contradictions and complexities, essential to combating religious violence and promoting a mora moral society. "A timely interrogation of our citizenship tropes. Roman passionately demonstrates that the promise of citizenship has consistently fallen short on both historical and contemporary landscapes. Far from a warrant of inclusion and equality, citizenship has more often been used as cover for caste and subordination. Roman looks to bring citizenship's lofty aspirations to an authentic attainment."---Peter J. Spiro, author of Beyond Citizenship: American Identity after Globalization "At a time when members of Congress hector President Obama in a televised address on the issue of citizenship and health care, and when know-nothing restrictionists dominate talk radio and cable news, this is a refreshing, thoughtful, and timely work. Roman has broadened his traditional work on Puerto Rico and the American colonies to examine carefully the literal and symbolic meanings of U.S. citizenship. His incisive unbundling of `the construct of citizenship' and the consequences of variegated membership is foundational work that will be widely cited, if not always by judges then surely by a wide array of immigration and other Constitutional scholars."---Michael A. Olivas, author of "Colored Men" and "Hombres Aquis": Hernandez v. Texas and the Emergence of Mexican American Lawyering "A rich and impassioned exploration of the persistence of second-class citizenship in the United States. Roman vividly portrays the injustices concealed by our discourse of equal citizenship."---Gerald Neuman, J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, Harvad Law School
Author: Mara Malagodi
Publisher: OUP India
ISBN: 9780198082910
Category : Law
Languages : en
Pages : 0
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Book Description
This book analyses the evolution of constitutional nationalism in Nepal. Examining the various stages in the constitutional history of Nepal, it also comparatively analyses legal developments in India.
Author: T. Alexander Aleinikoff
Publisher: Harvard University Press
ISBN: 0674020154
Category : Law
Languages : en
Pages : 321
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Book Description
In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.
Author: Gerald Leonard
Publisher: Cambridge University Press
ISBN: 1108650783
Category : History
Languages : en
Pages : 259
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Book Description
The Partisan Republic is the first book to unite a top down and bottom up account of constitutional change in the Founding era. The book focuses on the decline of the Founding generation's elitist vision of the Constitution and the rise of a more 'democratic' vision premised on the exclusion of women and non-whites. It incorporates recent scholarship on topics ranging from judicial review to popular constitutionalism to place judicial initiatives like Marbury vs Madison in a broader, socio-legal context. The book recognizes the role of constitutional outsiders as agents in shaping the law, making figures such as the Whiskey Rebels, Judith Sargent Murray, and James Forten part of a cast of characters that has traditionally been limited to white, male elites such as James Madison, Alexander Hamilton, and John Marshall. Finally, it shows how the 'democratic' political party came to supplant the Supreme Court as the nation's pre-eminent constitutional institution.
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1508
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Book Description
Author: Robert M. Lichtman
Publisher: University Press of Kansas
ISBN: 0700632727
Category : Political Science
Languages : en
Pages : 432
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Book Description
In Barred by Congress: How a Mormon, a Socialist, and an African American Elected by the People Were Excluded from Office Robert M. Lichtman provides a definitive history of congressional exclusion and expulsion cases. Lichtman offers a timely investigation of the vital constitutional issues, debated since the nation’s founding, concerning permissible and impermissible grounds for excluding a member-elect or expelling a member from Congress. Barred by Congress begins with an exhaustive review of the numerous congressional exclusion and expulsion cases in the eighteenth and nineteenth centuries before focusing on the stories of the last three members-elect to be excluded from Congress: a Mormon, a Socialist, and an African American—each an outsider in American politics—excluded notwithstanding election by the voters. Lichtman illuminates each of these three remarkable individuals with a detailed biographical sketch. Brigham H. Roberts was a Utah Mormon whose exclusion from the House of Representatives in 1900 was fueled by a nationwide anti-Mormon campaign waged by William Randolph Hearst and his newspaper empire, a controversy centered on the issue of polygamy. Victor L. Berger, a Socialist Party leader and editor of an antiwar Milwaukee newspaper during World War I, was elected to the House despite the efforts of the Wilson administration to derail his campaign by indicting him under the Espionage Act; he was excluded in 1919 and again in 1920. Adam Clayton Powell Jr. was a Baptist minister and civil rights advocate who represented the Harlem neighborhood of New York City in the House of Representatives from 1945 until his exclusion in 1967. In Powell v. McCormack, the Supreme Court ruled that Powell’s exclusion by the House violated the Constitution, a decision that, a half century later, remains established law but still does not provide complete assurance that the people will be able to (in Alexander Hamilton’s words) “choose whom they please to govern them.”
Author: Tracey Maclin
Publisher: Oxford University Press
ISBN: 0199795479
Category : Law
Languages : en
Pages : 414
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Book Description
The application of the Fourth Amendment's exclusionary rule has divided the justices of the Supreme Court for nearly a century. This book traces the rise and fall of the exclusionary rule with insight and behind-the-scenes access into the Court's thinking.
