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Ambiguity in EU Law: A Linguistic and Legal Analysis (Law, Language and Communication)
by Sofiya KartalovaAmbiguity – an expression or utterance giving rise to at least two mutually exclusive interpretations – has been traditionally regarded as an ever-present, and therefore trivial, feature of EU law, alongside other forms of linguistic indeterminacy. At the same time, ambiguity has been condemned as a perilous defect in the legal text, since it is commonly assumed that the Court of Justice of the EU (CJEU) would necessarily exploit it to engage in judicial activism. In contrast, more recent theories present ambiguity as a means of promoting greater acceptability and coherence, while trusting the CJEU’s willingness to exert judicial restraint for the benefit of judicial co-operation. This ground-breaking work challenges some of the theoretical assumptions about ambiguity in EU law and puts forward a more accurate and complete theory about the CJEU’s strategic use of ambiguity. Ambiguity is here transformed from an underestimated or misunderstood detail of undetermined significance to a desirable systemic feature of the EU legal order with concrete properties and impact. Ambiguity as the implicit basis of the CJEU’s decision-making is shown to be strategically valuable for the implementation of the authority of EU law at some of the most pivotal moments in the evolution of the EU legal order. This interdisciplinary investigation presents in-depth linguistic and legal analysis of ambiguity found in the text of key provisions of EU Treaties and in the language of some of the CJEU’s leading preliminary rulings in the area of fundamental rights, freedom of movement and EU citizenship. The book suggests a categorisation of examples, basic guidance about the type of case and situation where the phenomenon is likely to emerge as well as an assessment of the advantages and disadvantages of this unusual judicial technique. The book will be a valuable resource for researchers and academics working in the areas of Law and Language, Public International Law, EU Law and Multilingualism.
The Ambivalent Impact of Religion on Human Rights: Empirical Studies in Europe, Africa and Asia (Religion and Human Rights #7)
by Hans-Georg Ziebertz Francesco ZaccariaThis volume presents the most recent joint study of the research group Religion and Human Rights. This text is comprised of studies carried out in twelve countries and divided into three parts according to their respective tree continents. Almost 10,000 youths have participated and all chapters deal with the question of whether and to what extent religious or worldview convictions hinder or favor the support of human rights. Studies are comparative on multiple levels because of the many religious groups and countries. The studies take into account personal, religious and socio-cultural differences, showing the ambivalent role of religion in the striving to make the world safer, more democratic, just, and compassionate thru human rights. This text appeals to students and researchers.
Ambush Marketing & the Mega-Event Monopoly: How Laws are Abused to Protect Commercial Rights to Major Sporting Events (ASSER International Sports Law Series)
by Andre M. LouwThis book undertakes a critical examination of commercial rights to sports mega-events (focusing on sponsorship), the exclusivity of such rights and the legal implications of the modern mega-event sponsorship model. It examines ambush marketing of events and the law's treatment of ambushing (specifically in the form of sui generis event legislation) in a review of 10 major jurisdictions selected on the basis of the importance of the events they are to host in the near future or have hosted recently, and the relevant domestic legislation. It critically examines the legitimacy of such commercial rights protection by means of the use of laws in the context of accepted principles of intellectual property law, competition law and human rights law. Specifically, it questions the legitimacy of the creation of statutory 'association rights' to mega-events, and considers potential future developments in respect of the law's treatment of mega-event commercialisation. Valuable for practitioners and academics (in the fields of sportslaw/sponsorship/marketing/intellectual property law); sports administrators (sports governing bodies); corporate sponsors of sports and other events; potential mega-event host governments and law-makers; civil rights organisations.
Amending America's Unwritten Constitution (Comparative Constitutional Law and Policy)
by Richard Albert Ryan C. Williams Yaniv RoznaiIt is well known that the US Constitution has been amended twenty-seven times since its creation in 1787, but that number does not reflect the true extent of constitutional change in America. Although the Constitution is globally recognized as a written text, it consists also of unwritten rules and principles that are just as important, such as precedents, customs, traditions, norms, presuppositions, and more. These, too, have been amended, but how does that process work? In this book, leading scholars of law, history, philosophy, and political science consider the many theoretical, conceptual, and practical dimensions of what it means to amend America's 'unwritten Constitution': how to change the rules, who may legitimately do it, why leaders may find it politically expedient to enact written instead of unwritten amendments, and whether anything is lost by changing the constitution without a codified constitutional amendment.
America, Compromised: Five Studies In Institutional Corruption (Berlin Family Lectures)
by Lawrence Lessig“There is not a single American awake to the world who is comfortable with the way things are.” So begins Lawrence Lessig's sweeping indictment of contemporary American institutions and the corruption that besets them. We can all see it—from the selling of Congress to special interests to the corporate capture of the academy. Something is wrong. It’s getting worse. And it’s our fault. What Lessig shows, brilliantly and persuasively, is that we can’t blame the problems of contemporary American life on bad people, as our discourse all too often tends to do. Rather, he explains, “We have allowed core institutions of America’s economic, social, and political life to become corrupted. Not by evil souls, but by good souls. Not through crime, but through compromise.” Every one of us, every day, making the modest compromises that seem necessary to keep moving along, is contributing to the rot at the core of American civic life. Through case studies of Congress, finance, the academy, the media, and the law, Lessig shows how institutions are drawn away from higher purposes and toward money, power, quick rewards—the first steps to corruption. Lessig knows that a charge so broad should not be levied lightly, and that our instinct will be to resist it. So he brings copious, damning detail gleaned from years of research, building a case that is all but incontrovertible: America is on the wrong path. If we don’t acknowledge our own part in that, and act now to change it, we will hand our children a less perfect union than we were given. It will be a long struggle. This book represents the first steps.
America Is Better Than This: Trump's War Against Migrant Families
by Jeff MerkleyAn exposé and cry of outrage at the cruelty and chaos the Trump administration has wrought at the border with child separations, border blockades, and a massive gulag of child prisons housing thousands. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px 'Times New Roman'} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; text-indent: 36.0px; font: 12.0px 'Times New Roman'} Jeff Merkley couldn't believe his eyes. He never dreamed the United States could treat vulnerable young families with such calculated brutality. Few had witnessed what Merkley discovered just by showing up at the border and demanding to see what was going on behind closed doors.Contrary to the official stories and soothing videos, he found mothers and children, newborn babies and infants, stranded for days on border bridges in blistering heat or locked up in ice-cold holding pens. There were nearly 1,500 boys jammed into a former Walmart, a child tent prison in the desert with almost 3,000 boys and girls, and children struggling to survive in gang-filled Mexican border towns after they were blocked from seeking asylum in the United States.Worst of all, there were the children ripped out of their parents' arms and sorted into cages in some profoundly warped attempt to discourage migration. This was how the Trump administration treated the child victims of unspeakable violence that had driven them from their homes: as pawns in a power play rather than as humans worthy of respect and dignity.It was Merkley's visits -- captured live on viral video -- that triggered worldwide outrage at the forced separation of children from their parents. Just by taking an interest -- by caring about the people legally claiming asylum at America's borders -- Merkley helped expose the Trump administration's war on migrant families. Along the way, he helped turn the tide against some of its worst excesses.AMERICA IS BETTER THAN THIS tells the inside story of how one senator, with no background as an immigration activist, became a leading advocate for reform of the brutal policies that have created a humanitarian crisis on the southern U.S. border. It represents the heartfelt and candid voice of a concerned American who believes his country stands for something far bigger and better.
America on Trial: Inside the Legal Battles That Transformed Our Nation
by Alan M. DershowitzOne might wonder how the trial of Mike Tyson or Lizzie Borden "transformed our nation" as opposed to other cases included by Dershowitz (law, Harvard U.), such as the Brown vs. Board of Education or Bush vs. Gore, but the reasoning behind the selection becomes clearer when he notes that the "basic criterion is passion" (i.e. a reflection of the passion of the times, arousing the passion of Americans, etc.). Basing his narratives of 64 American trials on the actual transcripts from the courtroom, he describes such cases as the trials of John Peter Zenger, Aaron Burr, Sacco and Vanzetti, Leopold and Loeb, the Rosenbergs, American Indian Movement activists, Bernhard Goetz, and John DeLorean. Annotation ©2004 Book News, Inc., Portland, OR (booknews.com)
American Administrative Capacity: Decline, Decay, and Resilience
by M. Ernita Joaquin Thomas J. GreitensThis volume proposes a capacity-centered approach for understanding American bureaucracy. The administrative institutions that made the country a superpower turned out to be fragile under Donald Trump’s presidency. Laboring beneath systematic accusations of deep statism, combined with a market oriented federal administration, bureaucratic capacity manifested its decay in the public health and constitutional cataclysms of 2020, denting America’s global leadership and contributing to its own people’s suffering. The authors combine interviews with a historical examination of federal administrative reforms in the backdrop of the recent pandemic and electoral tumult to craft a developmental framework of the ebb and flow of capacity. While reforms, large and small, brought about professionalization and other benefits to federal administration, they also camouflaged a gradual erosion when anti-bureaucratic approaches became entrenched. A sclerotic, brittle condition in the government’s capacity to work efficiently and accountably arose over time, even as administrative power consolidated around the executive. That co-evolutionary dynamic made federal government ripe for the capacity bifurcation, delegitimization, and disinvestment witnessed over the last four years. As the system works out the long-term impacts of such a deconstruction, it also prompts a rethinking of capacity in more durable terms. Calling attention to a more comprehensive appreciation of the dynamics around administrative capacity, this volume argues for Congress, citizens, and the good government community to promote capacity rebuilding initiatives that have resilience at the core. As such, the book will be of interest to citizens, public reformers, civic leaders, scholars and students of public administration, policy, and public affairs.
American Apocalypse: The Six Far-Right Groups Waging War on Democracy
by Rena SteinzorA thorough analysis of the right-wing interests contributing to the downfall of American democracy The war on American democracy is at a fever pitch. Such a corrosive state of affairs did not arise spontaneously up from the people but instead was pushed, top-down, by six private sector special interest groups—big business, the House Freedom Caucus, the Federalist Society, Fox News, white evangelicals, and armed militias. In American Apocalypse Rena Steinzor argues that these groups are nothing more than well-financed armies fighting a battle of attrition against the national government, with power, money, and fame as their central motivations. The book begins at the end of Lyndon Johnson's presidency, when the modern regulatory state was born. Agencies like the Environmental Protection Agency and the Food and Drug Administration ensured that everything from our air to our medicine was safe. But efforts to thwart this "big government" agenda began swiftly, albeit in the shadows. Business leaders built a multi-billion dollar presence in the Capitol, and the rest of the six interest groups soon followed. While the groups do not coordinate their attacks, and sometimes their short-term goals even conflict, their priorities fall within a surprisingly tight bullseye: the size and power of the administrative state. In the near-term, their campaigns will bring the crucial functions of government to a halt, which will lead to immediate suffering by the working classes, and a rapid deterioration of race relations. Over the long-term, as the prevalence of global pandemics and climate crises increase, an incapacitated national government will usher in unimaginable harm. This book is the first to conceptualize these groups together, as one deconstructive and awe-inspiring force. Steinzor delves into each of their histories, mapping the strategies, tactics, and characteristics that make them so powerful. She offers the most comprehensive story available about the downfall of American democracy, reminding us that only by recognizing what we are up against can we hope to bring about change.
American Autopsy: One Medical Examiner's Decades-Long Fight for Racial Justice in a Broken Legal System
by Michael M. BadenA revealing history of covering up the true causes of deaths of BIPOC in custody—from the forensic pathologist whose work changed the course of the George Floyd, Eric Garner, and Michael Brown casesDr. Michael Baden has been involved in some of the most high-profile civil rights and police brutality cases in US history, from the government&’s 1976 re-investigation of the assassination of Martin Luther King, Jr., to the 2014 death of Michael Brown, whose case sparked the initial Ferguson protests that grew into the Black Lives Matter movement. The playbook hasn&’t changed since 1979, when Dr. Baden was demoted from his job as New York City&’s Chief Medical Examiner after ruling that the death of a Black man in police custody was a homicide. So in 2020 when the Floyd family, wary of the same system that oversaw George Floyd&’s death, needed a second opinion—Dr. Baden is who they called. In these pages, Dr. Baden chronicles his six decades on the front lines of the fight for accountability within the legal system—including the long history of medical examiners of using a controversial syndrome called excited delirium (a term that shows up in the pathology report for George Floyd) to explain away the deaths of BIPOC restrained by police. In the process, he brings to life the political issues that go on in the wake of often unrecorded fatal police encounters and the standoff between law enforcement and those they are sworn to protect.Full of behind-the-scenes drama and surprising revelations, American Autopsy is an invigorating—and enraging—read that is both timely and crucial for this turning point in our nation&’s history.
American Bar Association Guide to Resolving Legal Disputes: Inside and Outside the Courtroom
by American Bar AssociationWhether you’re fighting with a neighbor about who should pay for a fence, pursuing a charge of discrimination at work, or chasing a $5000 loan, theABA Guide toResolving Legal Disputes: Inside and Outside the Courtroomcan help you decide what steps to take to resolve disputes. This book, written in easy-to-read language with dozens of real-life examples, includes tips on how to be a better negotiator. It also provides important information about mediation, arbitration, small claims court, and civil court procedures, and includes a chapter on working with a lawyer, with tips on how you can save time and money.
American Bar Association Guide to Wills and Estates, Fourth Edition
by American Bar AssociationThe American Bar Association Guide to Wills & Estates, Fourth Edition, is the user-friendly guide that contains everything you need to know about planning an estate and preparing a will. It is organized in easy-to-follow chapters with sidebars containing tips, checklists, and key information, encouraging you to begin the process quickly and easily.The ABA Guide to Wills & Estates will help you:* Determine what to put in an estate plan* Decide whether to prepare a will, trust, or living trust* Avoid or reduce estate taxes* Transfer property without a will with substitutes such as life insurance and joint tenancy* Understand the benefits of living gifts and life insurance, among many other topics The Fourth edition features new and updated topics, such as: * Life-threatening and chronic illnesses* Incorporating your religious beliefs into your estate plan * Assisted reproduction and its resulting estate planning implications* Civil unions and same-sex marriages* Elder abuse and care* Information about Roth IRAs in estate plans* The impact of digital assets on estate planning
The American Bar Association Guide to Workplace Law (2nd edition)
by Barbara J. FickProvides helpful insight and information for employers and employees alike.- Topics include hiring, firing, retirement, sexual harassment, maternity leave, workplace safety, and more--all explained in clear, non-technical language.
The American Bar Association Legal Guide for Military Families
by American Bar AssociationThe one and only legal guide for servicemembers and their families.The American Bar Association Legal Guide for Military Families is the complete resource for servicemembers, veterans, and their families. This guide will help all servicemembers clarify their legal issues, understand the options, and locate assistance. Topics are presented in an easy-to-read format and every chapter includes a resources section with phone numbers, websites, and contacts to help servicemembers find answers and move forward. Topics include:· Working with a Lawyer · Family Law · Debt and Finance · Housing, Landlord/Tenant Issues, and Real Estate · Motor Vehicle Sales, Finance, and Repair · Estate Planning and Insurance · Health Care Law · Employment and Re-employment · Discharge · Disability Issues · Veterans Benefits The American Bar Association Legal Guide for Military Families is a supplement to the popular ABA Homefront website that provides state-by-state legal information for servicemembers. Visit www.abahomefront.com.
American by Birth: Wong Kim Ark and the Battle for Citizenship
by Carol Nackenoff Julie NovkovIn this abridged edition for the Landmark Law Cases and American Society series American by Birth is now available in a format designed for students and general readers and includes a chronology outlining the key points in the case plus a bibliographical essay. <p><p>American by Birth explores the history and legacy of Wong Kim Ark and the 1898 Supreme Court case that bears his name, which established the automatic citizenship of individuals born within the geographic boundaries of the United States. In the late nineteenth century, much like the present, the United States was a difficult, and at times threatening, environment for people of color. Chinese immigrants, invited into the United States in the 1850s and 1860s as laborers and merchants, faced a wave of hostility that played out in organized private violence, discriminatory state laws, and increasing congressional efforts to throttle immigration and remove many long-term residents. The federal courts, backed by the Supreme Court, supervised the development of an increasingly restrictive and exclusionary immigration regime that targeted Chinese people. This was the situation faced by Wong Kim Ark, who was born in San Francisco in the 1870s and who earned his living as a cook. Like many members of the Chinese community in the American West he maintained ties to China. He traveled there more than once, carrying required reentry documents, but when he attempted to return to the United States after a journey from 1894 to 1895, he was refused entry and detained. Protesting that he was a citizen and therefore entitled to come home, he challenged the administrative decision in court. <p><p>Remarkably, the Supreme Court granted him victory. This victory was important for Wong Kim Ark, for the ethnic Chinese community in the United States, and for all immigrant communities then and to this day. because the Supreme Court's ruling inscribed the principle in constitutional terms and clarified that it extended even to the children of immigrants who were legally barred from becoming citizens.
American Cartel: Inside the Battle to Bring Down the Opioid Industry
by Scott Higham Sari HorwitzThe definitive investigation and exposé of how some of the nation's largest corporations created and fueled the opioid crisis—from the Pulitzer Prize-winning Washington Post reporters who first uncovered the dimensions of the deluge of pain pills that ravaged the country and the complicity of a near-omnipotent drug cartel. AMERICAN CARTEL is an unflinching and deeply documented dive into the culpability of the drug companies behind the staggering death toll of the opioid epidemic. It follows a small band of DEA agents led by Joseph Rannazzisi, a tough-talking New Yorker who had spent a storied thirty years bringing down bad guys; along with a band of lawyers, including West Virginia native Paul Farrell Jr., who fought to hold the drug industry to account in the face of the worst man-made drug epidemic in American history. It is the story of underdogs prevailing over corporate greed and political cowardice, persevering in the face of predicted failure, and how they found some semblance of justice for the families of the dead during the most complex civil litigation ever seen.The investigators and lawyers discovered hundreds of thousands of confidential corporate emails and memos during courtroom combat with legions of white-shoe law firms defending the opioid industry. One breathtaking disclosure after another—from emails that mocked addicts to invoices chronicling the rise of pill mills—showed the indifference of big business to the epidemic&’s toll. The narrative approach echoes such work as A Civil Action and The Insider, moving dramatically between corporate boardrooms, courthouses, lobbying firms, DEA field offices, and Capitol Hill while capturing the human toll of the epidemic on America&’s streets.AMERICAN CARTEL is the story of those who were on the front lines of the fight to stop the human carnage. Along the way, they suffer a string of defeats, some of their careers destroyed by the very same government officials who swore to uphold the law before they begin to prevail over some of the most powerful corporate and political influences in the nation.
The American Congress
by Smith, Steven S. and Roberts, Jason M. and Vander Wielen, Ryan J. Steven S. Smith Jason M. Roberts Vander Wielen, Ryan J.Completely up-to-date and with new learning features, the 8th edition of this respected textbook provides a fresh perspective and a crisp introduction to congressional politics. Informed by the authors' Capitol Hill experience and scholarship it features insights from the two Congresses of Obama's presidency, the 2012 elections, health care reform, and an early take on the 113th Congress. The text engages students by emphasizing the importance of a strong legislature in American democracy and has new end-of-chapter discussion questions and further reading. Alongside clear explanations of congressional rules and the law-making process there is a greater wealth of examples from contemporary events and debates, to highlight Congress as a group of politicians as well as a law-making body. These recent developments are presented within the context of congressional political history. This edition is also more visual – timelines and flow-charts have been added and the number of photos has doubled.
The American Congress
by Steven S. Smith Jason M. Roberts Ryan J. Vander Wielen Steven S. Smith Jason M. RobertsThe American Congress provides the most insightful, up-to-date treatment of congressional politics available in an undergraduate text. Informed by the authors' Capitol Hill experience and nationally-recognized scholarship, The American Congress presents a crisp introduction to all major features of Congress: its party and committee systems, leadership, and voting and floor activity. The American Congress has the most in-depth discussions of the place of the president, the courts, and interest groups in congressional policy made available in a text. The text blends an emphasis on recent developments in congressional politics with a clear discussion of the rules of the game, the history of key features of Congress, and stories from recent Congresses that bring politics to life. No other text weaves into the discussion of the important ideas of recent political science research. The book includes the most comprehensive list of suggested readings and Internet resources on Congress.
American Conservatism: NOMOS LVI (NOMOS - American Society for Political and Legal Philosophy #10)
by Melissa S. Williams Sanford V. Levinson Joel ParkerThe topic of American conservatism is especially timely—and perhaps volatile. Is there what might be termed an “exceptional” form of conservatism that is characteristically American, in contrast to conservatisms found in other countries? Are views that are identified in the United States as conservative necessarily congruent with what political theorists might classify under that label? Or does much American conservatism almost necessarily reflect the distinctly liberal background of American political thought? In American Conservatism, a distinguished group of American political and legal scholars reflect on these crucial questions, unpacking the very nature and development of American conservative thought. They examine both the historical and contemporary realities of arguments offered by self-conscious conservatives in the United States, offering a well-rounded view of the state of this field. In addition to synoptic overviews of the various dimensions of American conservative thought, specific attention is paid to such topics as American constitutionalism, the role of religion and religious institutions, and the particular impact of the late Leo Strauss on American thought and thinkers. Just as American conservatism includes a wide, and sometimes conflicting, group of thinkers, the essays in this volume themselves reflect differing and sometimes controversial assessments of the theorists under discussion.
American Conspiracies and Cover-ups: JFK, 9/11, the Fed, Rigged Elections, Suppressed Cancer Cures, and the Greatest Conspiracies of Our Time
by Douglas CirignanoInterviews with Jim Marrs, Noam Chomsky, G. Edward Griffin, and Other Experts “Those intrepid souls seeking to peer deeper into America’s greatest conspiracies should start with Douglas Cirignano’s voluminous book. Pick your favorite conspiracy—Cirignano has them all, with incisive interviews with knowledgeable experts. Don’t miss this tour de force of conspiracy facts." —Jim Marrs, journalist and New York Times bestselling author of Rule by Secrecy; The Rise of the Fourth Reich; The Trillion-Dollar Conspiracy; and Population Control: How Corporate Owners Are Killing Us. American Conspiracies and Cover-ups brings together interviews with the bestselling and brightest minds in the alternative history world to create the definitive guide to our country’s biggest secrets. Interviews include:Jim Marrs on the New World OrderNoam Chomsky on mainstream mediaThe JFK assassination with LBJ’s lawyerVeteran and author Robert B. Stinnet on Pearl HarborG. Edward Griffin on the Federal Reserve BankDr. William F. Pepper on MLK's assassinationProfessor David Ray Griffin on 9/11and more!Author Douglas Cirignano brings together the foremost experts in the field to answer these questions once and for all, and proves that mainstream histories don’t tell the real story.
The American Constitution and Religion
by Richard J. ReganA &“highly informative and enjoyable&” study of Supreme Court cases involving the place of religion in society(Nicholas P. Cafardi, America Magazine). The Supreme Court&’s decisions concerning the first amendment are hotly debated, and the controversy shows no signs of abating. Adding much-needed historical and philosophical background to the discussion, Richard J. Regan reconsiders some of the most important Supreme Court cases regarding the establishment clause and the free exercise of religion. Governmental aid to church-affiliated elementary schools and colleges; state-sponsored prayer and Bible reading; curriculum that includes creationism; tax exemption of church property; publicly sponsored Christmas displays—these and other notable cases are discussed in Regan&’s chapters on the religious establishment clause. On the topic of the free-exercise clause, Regan considers such subjects as the value of religious freedom, as well as the place of religious beliefs in public schooling and government affairs. Important cases concerning conscientious objection to war, regulation of religious organizations and personnel, and western traditions of conscience are also examined. This book, written for students of law, political science, and religion, presents the relevant case law in chronological order. The addition of the historical context and Regan&’s philosophical discussion enhances our understanding of these influential cases.
American Constitutional History: A Brief Introduction
by Jack FruchtmanReveals how the Constitution has evolved over the past 235 years, featuring updated coverage of the 2020 presidential election and constitutional changes made by the Supreme Court up to June 2021 American Constitutional History: A Brief Introduction, Second Edition presents a concise and accessible history of the 235-year development of the Constitution since its ratification. The book is organized around five distinct periods in U.S. history—the New Republic, the Slave Republic, the Free-Market Republic, the Social Welfare Republic, and the Contemporary Republic—to demonstrate the evolution of the American republic and its founding document over time. With an engaging narrative approach, author Jack Fruchtman describes how constitutional changes have occurred through both formal amendments and informal decisions by the president, Congress, and the Supreme Court. Updated to cover the period from 2015 to 2021, the second edition examines the controversial presidential election of 2020 in which Donald Trump, despite losing the electoral and popular vote, claimed victory and espoused charges of widespread election fraud. New coverage of the addition of Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett to the Supreme Court is complemented by discussion of important decisions made after 2015, including affirming same-sex marriage, a woman's right to abortion under certain circumstances, the right to own and carry a firearm, and the central place of religious liberty in American society. This book also: Highlights the Constitution's evolution through government regulation of the economy, individual and civil rights, and executive power Reflects the evolution of constitutional changes made by the Supreme Court up to June 2021 Discusses topics such as the ideological origins of the U.S Constitution, the Civil War and Reconstruction, the civil rights movement, and growth of executive power Includes chapter overviews, summaries, and descriptions of formal constitutional amendments ratified by the states American Constitutional History: A Brief Introduction, Second Edition is an excellent introductory textbook for upper-level undergraduate and graduate courses in American history and political science and a must-read for general readers seeking insights into the origins and evolution of the U.S. Constitution.
American Constitutional Interpretation (University Casebook Series)
by Walter F. Murphy James E. Fleming Sotirios A. Barber Stephen J. MacedoThis text uses original essays, cases, and materials to study the very enterprise by which a constitution is interpreted and a constitutional government created. It explores the American polity as both a constitutional and democratic entity. This volume is organized around a set of basic interrogatives: What is the constitution that is to be interpreted? Who are its authoritative interpreters? How should they go about their interpretive tasks? The new edition has been updated to include important new cases decided through June 2018, including Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission and National Institute of Family and Life Advocates v. Becerra. To maintain brevity, the authors have removed a number of cases from the casebook and placed them on the accompanying website.
American Constitutional Law
by Katy Harriger Louis FisherThis book, in addition to analyzing and including excerpts of court decisions, highlights the efforts of legislatures, executives, the states, and the general public to participate in an ongoing political dialogue about the meaning of the Constitution. It therefore rejects the idea that elected leaders and the public must passively receive and obey a series of unilateral and final judicial commands. The book covers all new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions. Included are readings not only from cases but congressional floor debates, committee reports, committee hearings, presidential vetoes and statements, opinions of the Office of Legal Counsel in the Justice Department, state activity, Federalist papers, and professional journals. After introductory chapters on constitutional politics, the doctrine of judicial review, threshold requirements, judicial organization, and the process and strategy of decision making, the book focuses on these substantive areas: separation of powers (domestic and foreign affairs), federal-state relations, economic liberties, free speech and free press, religious freedom, due process, search and seizure, race, equal protection, privacy, and political participation. The book concludes with a chapter on efforts to curb the Supreme Court. Professors may choose between the one-volume casebound book or two paperbacks: Volume 1 on ''Constitutional Structures: Separated Powers and Federalism,'' and Volume 2 on ''Constitutional Rights: Civil Rights and Civil Liberties.''
American Constitutional Law: Introductory Essays and Selected Cases
by Alpheus Thomas Mason Grier StephensonThis classic collection of carefully selected and edited Supreme Court case excerpts and comprehensive background essays explores constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, it endeavors to heighten students' understanding of and interest in these critical areas of our governmental system.