Written by an American political scientist who is also a barrister, and a practicing American lawyer, this casebook emphasizes the deep roots of American constitutional rights in both English and American constitutional development. It illustrates how these rights grow or declineóthrough constitutional amendments, executive actions, statutes, custom, and judicial decisions. The five parts of the book cover rights enforceable against the federal government and states, physical and economic rights, rights of the accused, freedom of speech and press, and the guarantee of a republican form of government.
4, with Christopher M. Duncan, The Anti-Federalists and Early American Political Thought (DeKalb, Illinois: Northern Illinois University Press, 1995), pp. 133–35. 48. Especially in Number 51. 49. See John D. Lewis, ed., Anti-Federalists ...
As eminent legal scholar Jamal Greene shows in How Rights Went Wrong, we need to recouple rights with justice--before they tear society apart.
The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Approaches to Constitutional Analysis; Model I: Model of Separated and Divided Powers; Federal Judicial Power; Federal Executive Power; Federal Legislative Power; Federalism-Based Limits on State and Local Power; Direct Protection...
We will find this tradition not in the federal constitution, but in our country's many state constitutions. This is a crucially important book revealing an unjustly neglected feature of America's constitutional traditions.
For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens.
Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other.
This paperback volume (subtitled "Constitutional Rights: Civil Rights and Civil Liberties") includes chapters 10 through 19 of Fisher/Harriger, American Constitutional Law, Ninth Edition (hardback).
This book examines how the Constitution and its amendments not only grant the national and state governments sufficient power to control the governed but also oblige these governments to control themselves.
93 In an argument reminiscent of the Court's holding in Pollak , the Government argued that “no search occurred ... since Jones had no 'reasonable expectation of privacy' in the area of the Jeep accessed by Government agents (its ...