Individual Rights and Liberties Under the U.S. Constitution PDF Download
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Author: Ioannis G. Dimitrakopoulos
Publisher: Martinus Nijhoff Publishers
ISBN: 9004157913
Category : Political Science
Languages : en
Pages : 1141
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Book Description
"Individual Rights and Liberties Under the U.S. Constitution" offers an insightful and detailed summarization of the U.S. Supreme Court's case law to both American and European scholars and students alike.
Author: Ioannis G. Dimitrakopoulos
Publisher: Martinus Nijhoff Publishers
ISBN: 9004157913
Category : Political Science
Languages : en
Pages : 1141
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Book Description
"Individual Rights and Liberties Under the U.S. Constitution" offers an insightful and detailed summarization of the U.S. Supreme Court's case law to both American and European scholars and students alike.
Author: Mark A. Davis
Publisher: Carolina Academic Press LLC
ISBN: 9781531014490
Category : Civil rights
Languages : en
Pages : 208
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Book Description
"While the expansion of individual rights by the United States Supreme Court under Chief Justice Earl Warren has been the subject of extensive academic commentary, very little has been written about the Exum Court in North Carolina. The dearth of scholarship on this subject is unfortunate because Jim Exum's tenure as chief justice-like Warren's-constituted an unprecedented era of judicial boldness. This book is based primarily on a detailed review of the Exum Court's body of cases and over 45 interviews with the surviving justices from that era of the court, law clerks, practitioners, and members of North Carolina's legal academy. In addition, it draws upon contemporaneous interviews of the justices conducted between 1986 and 1995 as well as on the few existing books and articles about the members of the Exum Court and North Carolina's transformation into a two-party state in judicial elections. This book explores in depth the pathbreaking nature of the Exum Court's jurisprudence and the justices themselves in the hope of providing a better understanding of this unique and important period in the history of North Carolina's highest court and how it fundamentally changed North Carolina law"--
Author: Aziz Z. Huq
Publisher: Oxford University Press
ISBN: 0197556817
Category : LAW
Languages : en
Pages : 193
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Book Description
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Author: Glen Krutz
Publisher:
ISBN: 9781738998470
Category :
Languages : en
Pages : 0
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Book Description
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
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: William Cohen
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1402
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Book Description
Constitutional Law: Civil Liberty and Individual Rights focuses on freedom, privacy, equality and the right to vote. It emphasizes history and the interrelation of law, policy and theory. The Sixth Edition expands coverage of the decision-making process and the impact of Supreme Court decisions. The book contains approximately 100 principal cases and notes that discuss more than 200 additional cases. It provides brief biographies of many members of the Supreme Court, and draws on the private papers of more than a dozen chief justices and justices.
Author: David E. Bernstein
Publisher: University of Chicago Press
ISBN: 0226043533
Category : History
Languages : en
Pages : 204
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Book Description
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Author: Rebecca E Zietlow
Publisher: NYU Press
ISBN: 0814797075
Category : Law
Languages : en
Pages : 279
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Book Description
In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role. Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of protector of rights at least as often as the Supreme Court has adopted this role. Enforcing Equality also engages in a sophisticated theoretical analysis of Congress as a protector of rights, comparing the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging. With the recent new appointments to the Supreme Court and Congressional elections in November 2006, this timely book argues that individual rights are best enforced by the political process because they express the values of our national community, and as such, litigation is no substitute for collective political action.
Author: Steven T. Seitz
Publisher: Rowman & Littlefield
ISBN: 1498568866
Category : Law
Languages : en
Pages : 295
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Book Description
The Bill of Rights and Civil War Amendments created a triangular power struggle among state, nation and individual. Using chronological court cases, this book examines how the Supreme Court became arbiter among the three claimants to power, sometimes backtracking and sometimes taking a bold leap forward. Focusing on Justice Rehnquist’s lengthy term on the Supreme Court, Steven T. Seitz examines the growth and emphasis of individual sovereignty throughout the twentieth century. Highlighting some of the dispositional problems with Rehnquist decisions, the book uses the sustainable case law standard instead of applauding either conservative or liberal point of view which provides new vantage points on topics like equal protection of women, due process in several arenas, contracts, free speech, sex, and guns.
Author: Jennifer Friesen
Publisher: MICHIE
ISBN:
Category : Actions and defenses
Languages : en
Pages : 436
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Book Description
