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Author: Erwin Chemerinsky
Publisher: Yale University Press
ISBN: 0300224907
Category : Law
Languages : en
Pages : 280
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Book Description
A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court The Supreme Court s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts primary purpose, and they should not be barred from considering any constitutional question.
Author: Erwin Chemerinsky
Publisher: Yale University Press
ISBN: 0300224907
Category : Law
Languages : en
Pages : 280
Get Book Here
Book Description
A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court The Supreme Court s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts primary purpose, and they should not be barred from considering any constitutional question.
Author: Kimberly Jenkins Robinson
Publisher: NYU Press
ISBN: 1479825891
Category : Law
Languages : en
Pages : 390
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Book Description
How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.
Author: Erwin Chemerinsky
Publisher: Yale University Press
ISBN: 0300231865
Category : Political Science
Languages : en
Pages : 216
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Book Description
Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.
Author: Michael Vitiello
Publisher:
ISBN: 9781611638585
Category : Civil procedure
Languages : en
Pages : 240
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Book Description
Often, members of the public become engaged (or enraged) when they read about Supreme Court decisions involving substantive rights, whether the case involves same sex marriage, the right of corporations to spend huge sums to support political candidates, or the right of citizens to own firearms. But members of the public, students, and even many lawyers are not likely to understand the impact of procedural decisions. This book focuses on a series of Supreme Court decisions and changes to the Federal Rules of Civil Procedure that demonstrate the current Court¿s erosion of rules allowing plaintiffs access to court. Many of those decisions unravel rules developed during the heyday of the Progressive Movement and the postwar era when courts favored expanding access to court. This book animates procedure by focusing on the Court¿s concerted effort to close the courthouse door. It covers a number of specific issues, including decisions and rules changes dealing with personal jurisdiction, pleading, discovery, summary judgment practice, and class actions. It explores the not-so-hidden bias in favor of defendants generally and corporate defendants specifically. It also briefly explores the impact that Justice Scalia¿s death may have on the future direction of the Court¿s war on procedure.
Author: Erwin Chemerinsky
Publisher: Picador
ISBN: 1250166004
Category : Law
Languages : en
Pages : 319
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Book Description
"This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America
Author: Judith Resnik
Publisher: Yale University Press
ISBN: 0300110960
Category : Law
Languages : en
Pages : 719
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Book Description
A remnant of the Renaissance : the transnational iconography of justice -- Civic space, the public square, and good governance -- Obedience : the judge as the loyal servant of the state -- Of eyes and ostriches -- Why eyes? : color, blindness, and impartiality -- Representations and abstractions : identity, politics, and rights -- From seventeenth-century town halls to twentieth-century courts -- A building and litigation boom in Twentieth-Century federal courts -- Late Twentieth-Century United States courts : monumentality, security, and eclectic imagery -- Monuments to the present and museums of the past : national courts (and prisons) -- Constructing regional rights -- Multi-jurisdictional premises : from peace to crimes -- From "rites" to "rights" -- Courts : in and out of sight, site, and cite -- An iconography for democratic adjudication.
Author: Dionne Brand
Publisher: Picador
ISBN: 125035790X
Category : Biography & Autobiography
Languages : en
Pages : 172
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Book Description
Now in its first American edition, Dionne Brand’s groundbreaking A Map to the Door of No Return has emerged as a modern classic, a highly influential exploration of “being” in the Black Diaspora. Since its first publication in 2001, Dionne Brand’s groundbreaking exploration of being in the Black Diaspora, A Map to the Door of No Return, has emerged as a modern classic. The door, in Brand’s iconic schema, represents the point of rupture where the ancestors of the Black Diaspora departed one world for another: the place where all names were forgotten, and all beginnings recast. “This door,” writes Brand, “is not mere physicality. It is a spiritual location . . . Since leaving was never voluntary, return was, and still may be, an intention, however deeply buried. There is as it says no way in; no return.” Through shards of history, memoir, lyrical investigation, and the unwritten experience of so many descendants of those who passed through the door, Brand constructs a map of this indelible region, culminating in an enduring expression, both definitive and seeking, of what it is to live, think, and create in the wake of colonization. With a new preface by the author, and an afterword by Saidiya Hartman.
Author: James Patterson
Publisher: Little, Brown
ISBN: 0316280011
Category : Fiction
Languages : en
Pages : 513
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Book Description
From James Patterson, the world's #1 bestselling author: a young lawyer takes on the judge who is destroying her hometown—and ends up in jail herself. In picture-perfect Erva, Alabama, the most serious crimes are misdemeanors. Speeding tickets. Shoplifting. Contempt of court. Then why is the jail so crowded? And why are so few prisoners released? There’s only one place to learn the truth behind these incriminating secrets. Sometimes the best education a lawyer can get is a short stretch of hard time.
Author: Erwin Chemerinsky
Publisher: Penguin Books
ISBN: 0143128000
Category : History
Languages : en
Pages : 402
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Book Description
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Author: Gérardine Goh
Publisher: BRILL
ISBN: 9047419464
Category : Law
Languages : en
Pages : 424
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Book Description
The existence of international law, with its rights, rules and regulations is futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a consideration of issues from an international and interdisciplinary perspective. These issues range from policies of regional and international organizations; to juridical dispute settlement and global governance; to fiscal entrepreneurship and business efficacy; and to scientific breakthroughs and technological advances. In this context, this book looks at an international and interdisciplinary approach in dealing with dispute resolution in space activities. It proposes a workable legal framework for dispute resolution in outer space, together with a mechanism for enforcement and verification.
