Judicial decisions are influenced by myriad political factors, from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. Authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer rock-solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2015 session. Filled with supporting material—photographs of the litigants, sidebars comparing the U.S. with other nations, and "Aftermath" boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text encourages greater student engagement with the material and a more complete understanding of the American constitution.
Institutional Powers and Constraints
Author: Lee Epstein,Thomas G. Walker
Publisher: CQ Press
Category: Political Science
Narrative in the Rhetoric of Authority
Author: L. H. LaRue
Publisher: Penn State Press
Adhering to the multi-disciplinary and scholarly approach of its predecessors, the eighth edition of Constitutional Law guides students through all facets of constitutional law. Constitutional Law explores traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. This comprehensive approach paired with carefully edited cases provides instructors with rich material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism while the second part addresses all facets of individual rights and liberties. Constitutional Law also provides thoughtfully selected content on the First Amendment to give students a well-rounded understanding of religion and free speech issues. Key Features: The text’s attention to policy, including discussion of competing critical and social perspectives. A multi-disciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly-edited cases that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence.
Author: Geoffrey R. Stone,Louis Michael Seidman,Cass R. Sunstein,Mark V. Tushnet,Pamela S. Karlan
Publisher: Wolters Kluwer Law & Business
Through an interdisciplinary analysis of the rulings of the Court of Justice of the European Union, this book offers 'thick' descriptions, contextual histories and critical narratives engaging with leading or minor personalities involved behind the scenes of each case. The contributions depart from the notion that EU law and its history should be narrated in a linear and incremental way to show instead that law evolves in a contingent and not determinate manner. The book shows that the effects of judge-made law remain relatively indeterminate and each case can be retold through different contextual narratives, and shows the commitment of the European legal elites to the experience of legal reasoning. The idea to cluster the stories around prominent cases is not to be fully comprehensive, but to re-focus the scholarship and teaching of EU law by moving beyond the black letter and unravel the lawyering techniques to achieve policy results.
Contextual and Critical Histories of European Jurisprudence
Author: Fernanda Nicola,Bill Davies
Publisher: Cambridge University Press
In this volume, scholars from the worlds of law and literature take a probing look at how and why stories are told in the law. Experts discuss how narratives presented in trials and in Supreme Court opinions are told and listened to, and how they affect legal thinking and judgement.
Narrative and Rhetoric in the Law
Author: Peter Brooks,Paul Gewirtz
Publisher: Yale University Press
Category: Language Arts & Disciplines
Accounts of law problems and the way they were handled, written by the responsible lawyers
Author: Gary Bellow,Martha Minow
Publisher: University of Michigan Press
The courts and, indeed, the law itself are under assault from both right and left. By analyzing the most pressing controversies of our day, No Litmus Test defends the possibility of principled legal decision-making against the attacks of both the right and the left. From Bush v. Gore to the war in Iraq, No Litmus Test demonstrates that even when the law provides no clear-cut right answers, it offers tools for distinguishing good arguments from bad ones.
Law Versus Politics in the Twenty-first Century
Author: Michael C. Dorf
Publisher: Rowman & Littlefield
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
States and the Making of American Constitutional Law
Author: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
The confinement of some 120,000 Japanese Americans during World War II, often called the Japanese American internment, has been described as the worst official civil rights violation of modern U. S. history. Greg Robinson not only offers a bold new understanding of these events but also studies them within a larger time frame and from a transnational perspective. Drawing on newly discovered material, Robinson provides a backstory of confinement that reveals for the first time the extent of the American government's surveillance of Japanese communities in the years leading up to war and the construction of what officials termed "concentration camps" for enemy aliens. He also considers the aftermath of confinement, including the place of Japanese Americans in postwar civil rights struggles, the long movement by former camp inmates for redress, and the continuing role of the camps as touchstones for nationwide commemoration and debate. Most remarkably, A Tragedy of Democracy is the first book to analyze official policy toward West Coast Japanese Americans within a North American context. Robinson studies confinement on the mainland alongside events in wartime Hawaii, where fears of Japanese Americans justified Army dictatorship, suspension of the Constitution, and the imposition of military tribunals. He similarly reads the treatment of Japanese Americans against Canada's confinement of 22,000 citizens and residents of Japanese ancestry from British Columbia. A Tragedy of Democracy recounts the expulsion of almost 5,000 Japanese from Mexico's Pacific Coast and the poignant story of the Japanese Latin Americans who were kidnapped from their homes and interned in the United States. Approaching Japanese confinement as a continental and international phenomenon, Robinson offers a truly kaleidoscopic understanding of its genesis and outcomes. The confinement of some 120,000 Japanese Americans during World War II, often called the Japanese American internment, has been described as the worst official civil rights violation of modern U. S. history. Greg Robinson not only offers a bold new understanding of these events but also studies them within a larger time frame and from a transnational perspective. Drawing on newly discovered material, Robinson provides a backstory of confinement that reveals for the first time the extent of the American government's surveillance of Japanese communities in the years leading up to war and the construction of what officials termed "concentration camps" for enemy aliens. He also considers the aftermath of confinement, including the place of Japanese Americans in postwar civil rights struggles, the long movement by former camp inmates for redress, and the continuing role of the camps as touchstones for nationwide commemoration and debate. Most remarkably, A Tragedy of Democracy is the first book to analyze official policy toward West Coast Japanese Americans within a North American context. Robinson studies confinement on the mainland alongside events in wartime Hawaii, where fears of Japanese Americans justified Army dictatorship, suspension of the Constitution, and the imposition of military tribunals. He similarly reads the treatment of Japanese Americans against Canada's confinement of 22,000 citizens and residents of Japanese ancestry from British Columbia. A Tragedy of Democracy recounts the expulsion of almost 5,000 Japanese from Mexico's Pacific Coast and the poignant story of the Japanese Latin Americans who were kidnapped from their homes and interned in the United States. Approaching Japanese confinement as a continental and international phenomenon, Robinson offers a truly kaleidoscopic understanding of its genesis and outcomes.
Japanese Confinement in North America
Author: Greg Robinson
Publisher: Columbia University Press
This book examines landmark cases establishing women's legal rights, offering accounts of the litigants, history, parties, strategies, and theoretical implications. It will enrich any law school course and can serve as a text for a course on women and the law, gender and law, feminist jurisprudence, or women's studies. This volume utilizes subject areas common to many women and law casebooks: history, constitutional law, reproductive freedom, the workplace, the family, and women in the legal profession. Several chapters explore issues of domestic violence and rape. See http://law.scu.edu/socialjustice/women-and-the-law-stories-book.cfm (a website with additional resources for teaching).
Author: Elizabeth M. Schneider,Stephanie M. Wildman
Publisher: Foundation Press
Following on Making Civil Rights Law, which covered Thurgood Marshall's career from 1936-1961, this book focuses on Marshall's career on the Supreme Court from 1961-1991, where he was the first African-American Justice. Based on thorough research in the Supreme Court papers of Justice Marshall and others, this book describes Marshall's approach to constitutional law in areas ranging from civil rights and the death penalty to abortion and poverty. It locates the Supreme Court from 1967 to 1991 in a broader socio-political context, showing how the nation's drift toward conservatism affected the Court's debates and decisions.
Thurgood Marshall and the Supreme Court, 1961-1991
Author: Mark Tushnet
Publisher: Oxford University Press
Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.
Author: Jack M. Balkin
Publisher: Harvard University Press
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.
How Your Constitutional Rights Became Unenforceable
Author: Erwin Chemerinsky
Publisher: Yale University Press
A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.
A Brief History of the Common Law
Author: Harry Potter
Publisher: Boydell & Brewer Ltd
When we talk about what "freedom of speech" means in America, the discussion almost always centers on freedom rather than speech. Taking for granted that speech is an unambiguous and stable category, we move to considering how much freedom speech should enjoy. But, as Randall Bezanson demonstrates in Speech Stories, speech is a much more complicated and dynamic notion than we often assume. In an age of rapidly accelerated changes in discourse combined with new technologies of communication, the boundaries and substance of what we traditionally deem speech are being reconfigured in novel and confusing ways. In order to spark thought, discussion, and debate about these complexities and ambiguities, Bezanson probes the "stories" behind seven controversial free speech cases decided by the Supreme Court. These stories touch upon the most controversial and significant of contemporary first amendment issues: government restrictions on hate speech and obscene and indecent speech; pornography and the subordination of women; the constitutionality of campaign finance reform; and the treatment to be accorded new technologies of communication under the Constitution. The result is a provocative engagement of the reader in thinking about the puzzles and paradoxes of our commitment to free expression.
How Free Can Speech Be?
Author: Randall P. Bezanson
Publisher: NYU Press
This pioneering study redefines women's history in the United States by focusing on civic obligations rather than rights. Looking closely at thirty telling cases from the pages of American legal history, Kerber's analysis reaches from the Revolution, when married women did not have the same obligation as their husbands to be "patriots," up to the present, when men and women, regardless of their marital status, still have different obligations to serve in the Armed Forces. An original and compelling consideration of American law and culture, No Constitutional Right to Be Ladies emphasizes the dangers of excluding women from other civic responsibilities as well, such as loyalty oaths and jury duty. Exploring the lives of the plaintiffs, the strategies of the lawyers, and the decisions of the courts, Kerber offers readers a convincing argument for equal treatment under the law.
Women and the Obligations of Citizenship
Author: Linda K. Kerber
Publisher: Hill and Wang
In A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy, author Mel A. Topf provides readers with a comprehensive treatment of the history, concept, jurisprudence and controversies relating to state Supreme Court advisory opinions. A Doubtful and Perilous Experiment is the only comprehensive treatment of the history and controversies, the law and theories about state supreme court advisory opinions. This is a significant area of state constitutional law that has no parallel in federal law (which bars advisory opinions from federal courts). Though just ten states have adopted such advisory opinions (many others have debated but rejected them), they have been implicated in major issues regarding American judicial power. The book explains the-so far unexplained-first appearance of advisory authority in 1780, and address the persistent aura of illegitimacy that has always shadowed this authority. The frequent attacks on the legitimacy of advisory opinions have been triggered by their clash with basic doctrines of our legal system, including separation of powers, due process, judicial review, judicial independence, and judicial supremacy. A Doubtful and Perilous Experiment shows how law of state supreme court advisory opinions in fact arose in response to the attacks, resulting in an elaborate jurisprudence of advisory opinions centering on a remarkable but not entirely successful attempt to justify when the justices will advise and when they will not. The book tells the story of attempts to defend advisory authority, including several attempts to amend the U.S. Constitution to require the Supreme Court to issues them. It tells the story also of the uneasy relation between advisory opinions and judicial review as well as the expansion of judicial power.
Advisory Opinions, State Constitutions, and Judicial Supremacy
Author: Mel A. Topf
Publisher: Oxford University Press
This textbook discusses, in plain English, the constitutional provisions that criminal justice professionals and students need to know. It uses the conversational approach to exploring the intersection of the U.S. Constitution and the criminal justice system. In this textbook, constitutional principles and requirements matter more than names of cases. Cases are used as examples and stories, but this is not a casebook. Chapter 1 is an overview of the U.S. Constitution. It also examines the Habeas Corpus Suspension Clause, the Ex Post Facto Clause, the Second Amendment, and other provisions. Chapters 2 and 3 examine the Fifth Amendment, including the Self Incrimination Clause. Chapters 4 and 5 examine the Due Process Clauses that appear in both the Fifth and Fourteenth Amendments. The next three chapters examine the Sixth Amendment, which generally protects defendants’ trial rights. The four chapters after that examine the Fourth Amendment, which governs searches and seizures, and related issues. Chapter 13 examines the exclusionary rule, which applies primarily to searches and seizures. Chapter 14 examines the Eighth Amendment, which bans cruel and unusual punishment. The last two chapters examine the First Amendment, which protects people’s religious rights and free expression.The textbook is readable, gets to the point, and therefore covers more material than similar textbooks. The author – a former trial and appellate prosecutor at the local, federal, and international levels – has a passion for constitutional law and for sharing what he has learned about it. It comes through on every page.
A Plain Language Explanation on Constitutional Law
Author: Kenneth Bresler
Publisher: Charles C Thomas Publisher
Author: Charles Dickens,Hablot Knight Browne,Julius Seybt