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Category: Constitutional Law

Philosophy, The Federalist, and the Constitution by Morton White

Philosophy, The Federalist, and the Constitution by Morton White

By Morton White

Right here, Morton White offers the 1st synoptic view of the key philosophical principles within the Federalist. utilizing the instruments of philosophy and highbrow heritage, White extracts and examines the interlocking conception of information, doctrine of normative ethics, psychology of motivation, or even metaphysics and theology, all of which have been utilized in various levels by way of the founding fathers in safety of the structure.

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Holy Hullabaloos: A Road Trip to the Battlegrounds of the by Jay D. Wexler

Holy Hullabaloos: A Road Trip to the Battlegrounds of the by Jay D. Wexler

By Jay D. Wexler

After ten years spent riddling over the intricacies of church/state legislation from the ivory tower, legislation professor Jay Wexler determined it was once excessive time to hit the line to benefit what rather occurred in the most debatable best complaints related to this hot-button factor. In Holy Hullabaloos, he's taking us alongside for the trip, crossing the rustic to satisfy the folk and stopover at the locations answerable for landmark judgements in contemporary judicial heritage, from a highschool soccer box the place fanatics as soon as recited prayers earlier than kickoff to a Santeria church infamous for animal sacrifice, from a publicly funded Muslim university to a creationist museum. Wexler's no-holds-barred method of investigating well-known church/state brouhahas is as humorous because it is informative.

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A Secular Europe: Law and Religion in the European by Lorenzo Zucca

A Secular Europe: Law and Religion in the European by Lorenzo Zucca

By Lorenzo Zucca

Find out how to accommodate diversified spiritual practices and legislation inside of a mundane framework is likely one of the so much urgent and debatable difficulties dealing with modern ecu public order. during this provocative contribution to the topic, Lorenzo Zucca argues that conventional types of secularism, concentrating on the connection of nation and church, are out-dated and that merely via embracing a brand new photograph of what secularism capability can Europe circulate ahead within the public reconciliation of its spiritual diversity.

The ebook develops a brand new version of secularism appropriate for Europe as a complete. the hot version of secularism is anxious with the way glossy secular states take care of the presence of variety within the society. This new belief of secularism is extra suited for the eu Union whose total objective is to advertise a reliable, peaceable and unified monetary and political house ranging from quite a lot of various nationwide stories and views. the hot perception of secularism is additionally extra fitted to the Council of Europe at huge, and particularly the ecu court docket of Human Rights which faces becoming calls for for the popularity of freedom of faith in ecu states. the hot version doesn't shield secularism as an ideological place, yet goals to offer secularism as our universal constitutional culture in addition to the foundation for our universal constitutional destiny.

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Gay Families and the Courts: The Quest for Equal Rights by Susan Gluck Mezey

Gay Families and the Courts: The Quest for Equal Rights by Susan Gluck Mezey

By Susan Gluck Mezey

Susan Gluck Mezey's most up-to-date booklet, homosexual households and the Courts, is a compelling exam of the function of the nation and federal courts in furthering the ambitions of the homosexual and lesbian neighborhood. in contrast to Mezey's past ebook, Queers in court docket, this booklet evaluates the level to which litigation is efficacious in advancing equivalent rights for homosexual families_families within which no less than one member is gay_as they search to extend their possibilities and conflict discrimination. Mezey exhibits how the courts tackle homosexual and lesbian rights and sexual orientation in colleges and social firms comparable to the Boy Scouts besides family-oriented difficulties akin to marriage and parenthood. In doing so, Mezey emphasizes the complexity of the problems all in favour of the situations, and assesses the measure to which the result of the litigation is defined via the kind of case, the kind of court docket, and the judge's belief of his or her function as a policymaker. it's a useful reference for students drawn to judicial, legislative, and govt policymaking on the federal and country point in addition to an individual attracted to LGBT politics.

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The Migration of Constitutional Ideas

The Migration of Constitutional Ideas

The migration of constitutional principles throughout jurisdictions is without doubt one of the imperative positive factors of up to date constitutional perform. The expanding use of comparative jurisprudence in examining constitutions is one instance of this. during this 2007 e-book, best figures within the learn of comparative constitutionalism and comparative constitutional politics from North the US, Europe and Australia speak about the dynamic methods wherein constitutional platforms impression one another. They discover simple methodological questions that have to date acquired little awareness, and look at the advanced dating among nationwide and supranational constitutionalism—an factor of substantial modern curiosity in Europe. The migration of constitutional rules is mentioned from a number of methodological perspectives—comparative legislations, comparative politics, and cultural reviews of law—and individuals draw on case-studies from a large choice of jurisdictions: Australia, Hungary, India, South Africa, the uk, the U.S., and Canada.

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The Bill of Rights (2 Volume Set) (Magill's Choice) by Thomas T. Lewis

The Bill of Rights (2 Volume Set) (Magill's Choice) by Thomas T. Lewis

By Thomas T. Lewis

The invoice of Rights is a accomplished survey of all facets of the U.S. invoice of Rights; from its origins to its position in smooth American background. precise awareness is given to the natural courting of the invoice to the unique structure, its ongoing interpretation and incorporation by means of the U.S. excellent court docket, and the political and social concerns it has spawned.

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More Essential than Ever: The Fourth Amendment in the Twenty by Stephen J. Schulhofer

More Essential than Ever: The Fourth Amendment in the Twenty by Stephen J. Schulhofer

By Stephen J. Schulhofer

Whilst the states ratified the invoice of Rights within the eighteenth century, the Fourth modification appeared undemanding. It calls for that executive admire the proper of electorate to be "secure of their folks, homes, papers, and results, opposed to unreasonable searches and seizures." after all, "papers and effects" at the moment are electronic and therefore extra at risk of executive spying. however the largest possibility could be our personal weakening unravel to maintain our privacy.

In this powerful new quantity in Oxford's Inalienable Rights series, felony specialist Stephen J. Schulhofer argues that the Fourth modification continues to be, because the name says, extra crucial than ever. From data-mining to airport physique scans, drug trying out and competitive police patrolling at the streets, privateness is lower than attack as by no means before--and we're easily being used to it. however the development is threatening the pillars of democracy itself, Schulhofer continues. "Government surveillance won't fear the common citizen who reads best-selling books, practices a broadly authorized faith, and adheres to middle-of-the-road political views," he writes. yet surveillance weighs on minorities, dissenters, and unorthodox thinkers, "chilling their freedom to learn what they pick out, to claim what they suspect, and to go together with others who're like-minded." we all are affected, he provides. "When unrestricted seek and surveillance powers relax speech and faith, inhibit gossip and hose down creativity, they undermine politics and impoverish social lifestyles for everyone." Schulhofer bargains a wealthy account of the historical past and nuances of Fourth modification protections, as he examines such matters as highway stops, racial profiling, digital surveillance, info aggregation, and the calls for of nationwide safeguard. The Fourth modification, he reminds us, explicitly authorizes invasions of privacy--but it calls for justification and responsibility, necessities that reconcile public safeguard with liberty. Combining a close wisdom of particular instances with a deep grab of Constitutional legislations, More crucial than Ever offers a worldly and considerate standpoint in this vital debate.

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In Pursuit of Equity: Women, Men, and the Quest for Economic by Alice Kessler-Harris

In Pursuit of Equity: Women, Men, and the Quest for Economic by Alice Kessler-Harris

By Alice Kessler-Harris

Few historians have contributed extra to our figuring out of the historical past of girls, and women's impression on historical past, than Alice Kessler-Harris. writer of the vintage Out to Work, she is among the country's best students of gender, the economic system, and public coverage.
during this quantity, Kessler-Harris pierces the surface of arguments and laws to understand the preconceptions that experience formed the adventure of girls: a "gendered mind's eye" that has outlined what women and men alike contemplate as reasonable and fascinating. during this incredible account that strains social coverage from the recent Deal to the Seventies, she indicates how a deeply embedded set of ideals has distorted probably impartial social laws to additional restrict the liberty and equality of girls. executive principles ordinarily sought to guard girls from exploitation, even from employment itself; yet even as, they hooked up crucial advantages to salary paintings. To be a true citizen, one needs to earn--and such a lot policymakers (even lady ones) assumed from the start that girls weren't, and shouldn't be breadwinners. Kessler-Harris strains the effect of this gender bias within the New Deal courses of Social defense, unemployment assurance, and reasonable hard work criteria, in Federal source of revenue tax coverage, and the hot dialogue of women's rights that emerged after global struggle II. "For generations," she writes, "American girls lacked no longer in simple terms the perform, yet usually the belief of person monetary freedom." merely within the Nineteen Sixties and '70s did outdated assumptions start to holiday down--yet the method is way from whole.
Even this present day, with girls in the direction of complete fiscal citizenship than ever prior to, Kessler-Harris's insights provide a prepared new knowing of the problems that dominate the headlines, from the wedding penalty within the tax code to the glass ceiling in company the USA.

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Minority shareholder's remedies by A. J. Boyle

Minority shareholder's remedies by A. J. Boyle

By A. J. Boyle

The present kingdom of English corporation legislations on minority shareholders' treatments is analyzed within the gentle of the united kingdom legislations fee, additional appraised and amplified by way of the corporate legislation evaluate steerage crew. The e-book covers the typical legislation activities through exception to the rule of thumb in Foss v Harbottle, and the statutory treatments when it comes to petition for unfair prejudice and/or simply and equitable polishing off. in addition to contemplating the complexities of spinoff activities and statutory minority treatments, Boyle discusses destiny instructions for minority shareholders' treatments.

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The Heritage Guide to the Constitution (Fully Revised 2nd

The Heritage Guide to the Constitution (Fully Revised 2nd

A landmark paintings of a couple of hundred students, The history advisor to the Constitution is a different line-by-line research explaining each clause of America's founding constitution and its modern meaning.

In this totally revised moment variation, best students in legislations, background, and public coverage provide greater than 200 up-to-date and incisive essays on each clause of the Constitution.

From the stirring phrases of the Preamble to the Twenty-seventh modification, you'll achieve new insights into the guidelines that made the US, very important debates that proceed from our Founding, and the Constitution's real which means for our country.

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