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The Higher Law

The Higher Law Author Edward S. Corwin
ISBN-10 1258046865
Release 2011-06
Pages 102
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Edward S. Corwin connects the Western European experience to the American founding, providing a bold and accurate outline of the tradition behind the 'higher law' of the United States and places in historical context the political philosophy underlying the US Declaration of Independence and Constitution.



American Constitutional Law

American Constitutional Law Author Donald P. Kommers
ISBN-10 0742526879
Release 2004-01-01
Pages 1095
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A course on constitutional law and civil liberties can be-and is-nothing less than an extended inquiry into the meaning of America. American Constitutional Law, newly revised by Donald P. Kommers, John E. Finn, and Gary J. Jacobsohn, is a casebook made for such an inquiry. True to the liberal arts tradition from which it emerges, it goes beyond the facts and rulings of the great Supreme Court cases to engage important issues of political theory and the nature of our democracy. Although the focus is on law in the United States, Kommers, Finn, and Jacobsohn break new ground by incorporating comparative materials that enrich the study of the American Constitution, challenging the reader to assess American values in light of other legal systems and understandings of governance. In an era of constitutional globalization, this new edition of a distinguished text is essential to an appreciation of tradition and diversity.



Constitutional Law and Its Interpretation

Constitutional Law and Its Interpretation Author Jules L. Coleman
ISBN-10 0815313993
Release 1994
Pages 572
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Constitutional Law and Its Interpretation has been writing in one form or another for most of life. You can find so many inspiration from Constitutional Law and Its Interpretation also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Constitutional Law and Its Interpretation book for free.



The Language of Law and the Foundations of American Constitutionalism

The Language of Law and the Foundations of American Constitutionalism Author Gary L. McDowell
ISBN-10 9780521140911
Release 2010-06-28
Pages 409
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"In this fine book, Gary McDowell shows that the Constitution is our fundamental law---not our master, but our guide and mentor. Only at our peril do we try to make it our servant."---Harvey Mansfield, Harvard University "Erudite and lucid: McDowell's book is a must-read for those who wish to understand the philosophical and linguistic roots of the originalist tradition of constitutional interpretation."-R. Kent Newmyer, University of Connecticut School of Law "This book adds a major dimension of depth to the case for guiding judicial interpretation of the Constitution by the original intent of the framers. McDowell articulates a deeply thought-provoking meditation, informed by a fertile understanding of key foundations for originalism articulated by major figures in political philosophy, in the common law, and among the Founders themselves who shaped the theorizing that informs our constitutional order."---Thomas Pangle, University of Texas at Austin "For several decades, Gary McDowell has been one of our most brilliant and learned students of law and political philosophy. This book is his summa, a profound defense of originalism as a moral Constitutional philosophy, a brilliant discourse on the framers and their philosophical forbears and successors, and a powerful handbook of strategy in what McDowell calls `the contemporary war for the Constitution.'This work is essential reading for anyone who cares about the Supreme Court and the Constitution, but it is more. It is, simply stated, one of this generation's most important contributions toward preserving the rule of law itself."---Stephen Presser, Northwestern University School of Law "In this timely book, the case against the so-called `living' constitution is so powerfully argued and so clearly presented that it cannot be ignored."---Gordon S. Wood, Brown University



Privacy and the American Constitution

Privacy and the American Constitution Author William C. Heffernan
ISBN-10 9783319431352
Release 2016-11-14
Pages 348
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This book explains a paradox in American constitutional law: how a right not discussed during the ratification debates at Philadelphia and not mentioned in the text has become a core component of modern freedom. Rather, privacy is a constitutional afterthought that has gained force through modern interpretations of an old text. Heffernan defends privacy rights against originalist objections to its inclusion in modern constitutional doctrine, analyzes the structure of privacy claims, and provides a blueprint for protecting privacy against government incursion. The book will appeal to a wide audience of students and researchers of criminal procedure, constitutional history, law-and-society, and sociology of law. Lawyers will find this book extremely valuable in addressing the statutory issues associated with modern privacy law. At last, a book about constitutional interpretation that speaks plain English and makes sense. It’s the best work I know on the subject, yet that subject is not the one it’s mostly about. The book mostly tells the story of the constitutional right to privacy and how it emerged from provisions that at the outset were not much about privacy at all. On that subject, the book is definitive. It’s also fascinating, probing, engaging, insightful, and wonderfully presented. Privacy and the American Constitution is a stellar contribution to knowledge. Albert W. Alschuler, Julius Kreeger of Law and Criminology, Emeritus, University of Chicago A powerful and innovate contribution to constitutional law. Not only does Heffernan offer us a fascinating and persuasive account of how modern constitutional rights grew out of the personal space offered to us in an earlier era, he also explains why privacy rights deserve the newfound importance they have in our modern jurisprudence, based upon the same Madisonian approach to constitutional interpretation that justifies other central parts of modern constitutional law. Marc Jonathan Blitz, Alan Joseph Bennett Professor of Law, Oklahoma City University School of Law



Constitutionalism

Constitutionalism Author Charles Howard McIlwain
ISBN-10 9781584775508
Release 2005-01-01
Pages 162
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McIlwain, Charles Howard. Constitutionalism: Ancient and Modern. Ithaca: Cornell University Press, 1940. ix, 162 pp. Reprint available June 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-550-5. Cloth. $75. * Upon publication The Law Quarterly Review praised this book, noting that "great learning is manifest in these pages" (cited in Marke). McIlwain [1871-1968] examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras. He concludes with a discussion of the forces of despotism that were threatening constitutionally based individual freedom in the 1930s. One of the twentieth century's most distinguished scholars of Anglo-American constitutional history, McIlwain was Eaton Professor of the Science of Government in Harvard University and the author of The High Court of Parliament and Its Supremacy (1910) and The American Revolution: A Constitutional Interpretation (1924). Both of these are available as Lawbook Exchange reprints.



Corwin on the Constitution The foundations of American constitutional and political thought the powers of Congress and the President s power of removal

Corwin on the Constitution  The foundations of American constitutional and political thought  the powers of Congress  and the President s power of removal Author Edward Samuel Corwin
ISBN-10 STANFORD:36105039199273
Release 1981
Pages 392
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Corwin on the Constitution The foundations of American constitutional and political thought the powers of Congress and the President s power of removal has been writing in one form or another for most of life. You can find so many inspiration from Corwin on the Constitution The foundations of American constitutional and political thought the powers of Congress and the President s power of removal also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Corwin on the Constitution The foundations of American constitutional and political thought the powers of Congress and the President s power of removal book for free.



The Dynamic Constitution

The Dynamic Constitution Author Richard H. Fallon, Jr
ISBN-10 9781139619875
Release 2013-04-22
Pages
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In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, 2nd edition, combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics.



Constitutional Law Stories

Constitutional Law Stories Author Michael C. Dorf
ISBN-10 IND:30000128332024
Release 2009-01-01
Pages 561
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This publication provides a student with an understanding of 15 leading U.S. constitutional law cases, focusing on how the litigation was shaped by lawyers, judges and socioeconomic factors, and why the cases have attained landmark status. It is suitable for adoption as a supplement in an introductory constitutional law course, or as a text for an advanced seminar.



The Legal Realism of Jerome N Frank

The Legal Realism of Jerome N  Frank Author Julius Paul
ISBN-10 9789401194938
Release 2012-12-06
Pages 177
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Between the Levite at the gate and the judicial systems of our day is a long journey in courthouse government, but its basic structure remains the same - law, judge and process. Of the three, process is the most unstable - procedure and facts. Of the two, facts are the most intractable. While most of the law in books may seem to center about abstract theories, doctrines, princi ples, and rules, the truth is that most of it is designed in some way to escape the painful examination of the facts which bring parties in a particular case to court. Frequently the emphasis is on the rule of law as it is with respect to the negotiable instru ment which forbids inquiry behind its face; sometimes the empha sis is on men as in the case of the wide discretion given a judge or administrator; sometimes on the process, as in pleading to a refined issue, summary judgment, pre-trial conference, or jury trial designed to impose the dirty work of fact finding on laymen. The minds of the men of law never cease to labor at im proving process in the hope that some less painful, more trustworthy and if possible automatic method can be found to lay open or force litigants to disclose what lies inside their quarrel, so that law can be administered with dispatch and de cisiveness in the hope that truth and justice will be served.



Restoring the Lost Constitution

Restoring the Lost Constitution Author Randy E. Barnett
ISBN-10 9781400848133
Release 2013-11-24
Pages 448
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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.



Essays in English Legal History

Essays in English Legal History Author S. E. Thorne
ISBN-10 0907628567
Release 1985
Pages 282
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Essays in English Legal History has been writing in one form or another for most of life. You can find so many inspiration from Essays in English Legal History also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Essays in English Legal History book for free.



The Cosmopolitan Constitution

The Cosmopolitan Constitution Author Alexander Somek
ISBN-10 9780191030925
Release 2014-07-31
Pages 320
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Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.



America s Unwritten Constitution

America s Unwritten Constitution Author Akhil Reed Amar
ISBN-10 9780465029570
Release 2012
Pages 615
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A renowned constitutional scholar explores the little-understood relationship between the written Constitution and the many external factors that shape our interpretations of this foundational document.



Thomas Jefferson and the Wall of Separation Between Church and State

Thomas Jefferson and the Wall of Separation Between Church and State Author Daniel Dreisbach
ISBN-10 9780814720844
Release 2002-09-01
Pages 283
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No phrase in American letters has had a more profound influence on church-state law, policy, and discourse than Thomas Jefferson’s “wall of separation between church and state,” and few metaphors have provoked more passionate debate. Introduced in an 1802 letter to the Danbury, Connecticut Baptist Association, Jefferson’s “wall” is accepted by many Americans as a concise description of the U.S. Constitution’s church-state arrangement and conceived as a virtual rule of constitutional law. Despite the enormous influence of the “wall” metaphor, almost no scholarship has investigated the text of the Danbury letter, the context in which it was written, or Jefferson’s understanding of his famous phrase. Thomas Jefferson and the Wall of Separation Between Church and State offers an in-depth examination of the origins, controversial uses, and competing interpretations of this powerful metaphor in law and public policy.



Edward S Corwin s Constitution and What It Means Today

Edward S  Corwin s Constitution and What It Means Today Author Edward S. Corwin
ISBN-10 1400820057
Release 2008-09-02
Pages 696
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For over seventy-five years Edward S. Corwin's text has been a basic reference in the study of U.S. Constitutional Law. The 14th edition, the first new edition since 1973, brings the volume up to date through 1977. In this classic work, historian Edward Corwin presented the text of the U.S. Constitution along with his own commentary on its articles, sections, clauses, and amendments. Corwin was a renowned authority on constitutional law and jurisprudence, and was hired at Princeton University by Woodrow Wilson in 1905. Far from being an impersonal textbook, Corwin's edition was full of opinion. Not afraid to express his own strong views of the development of American law, Corwin offered piquant descriptions of the debates about the meaning of clauses, placing recent decisions of the court "in the familiar setting of his own views." The favor of his style is evident in his comments on judicial review ("American democracy's way of covering its bet") and the cabinet ("an administrative anachronism" that should be replaced by a legislative council "whose daily salt does not come from the Presidential table"). Corwin periodically revised the book for nearly forty years, incorporating into each new edition his views of new Supreme Court rulings and other changes in American law. Although Corwin intended his book for the general public, his interpretations always gained the attention of legal scholars and practitioners. The prefaces he wrote to the revised editions were often controversial for the views he offered on the latest developments of constitutional law, and the book only grew in stature and recognition. After his death in 1963, other scholars prepared subsequent editions, fourteen in all.



American Constitutional Law

American Constitutional Law Author Calvin R. Massey
ISBN-10 STANFORD:36105060773590
Release 2001
Pages 1280
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This casebook presents a thorough examination of fundamental questions of law and doctrine -- and engages students in careful consideration of crucial underlying issues. Massey achieves depth of coverage without excessive length through skillful use of: well-edited cases and clearly-written notes to explain the basic doctrines narrative summaries instead of extensive treatment of academic commentary shorter case excerpts that preserve the Court's voice without overwhelming students carefully crafted hypotheticals that stimulate student thinking and class discussion Three major sections address the full range of topics in the typical survey course: the Role of the Courts in Constitutional Interpretation enforcing the Constitutional Allocation of Governmental Power Individual Rights: Limits on the Use of Governmental Power With an extensive Teacher's Manual to assist in class preparation and a decidedly student-oriented tone, AMERICAN CONSTITUTIONAL LAW: Powers and Liberties deserves your careful consideration for adoption.