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34 Results Found For: Constitutional Studies
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Defenders of Liberty or Champions of Security?
Defenders of Liberty or Champions of Security? (March 2010)
Federal Courts, the Hierarchy of Justice, and U.S. Foreign Policy
Kirk A. Randazzo - Author

Examines the critical role assumed by the U.S. judiciary in balancing concerns about national security with the protection of liberty after the terrorist attacks of 9/11.

The terrorist attacks of September 11, 2001, and the subsequent responses by the U.S. federal government have raised fundamental questions about civil liberties in both domestic and international laws. As a result, the U.S. judiciary, out of its resp...(Read More)
 
 
Contemporary American Federalism
Contemporary American Federalism (October 2008)
The Growth of National Power, Second Edition
Joseph F. Zimmerman - Author

Traces the development of the American federal system of government, focusing principally on the shifting balance of powers between the national government and the states.

Contemporary American Federalism traces the development of the federal system within the United States from 1789 to the present. In contrast to earlier works on American federalism, this book examines not only national-state relations, b...(Read More)

 
 
Rights, Remedies, and the Impact of State Sovereign Immunity
Rights, Remedies, and the Impact of State Sovereign Immunity (June 2008)
Christopher Shortell - Author

Engaging case studies on the impact of state sovereign immunity on both plaintiffs and states.

The Supreme Court’s recent spate of state sovereign immunity rulings have protected states from lawsuits based on federal legislation as diverse as disabilities law, age discrimination, patent and trademark law, and labor standards. But does the doctrine of state sovereign immunity increase state authority? Does it...(Read More)
 
 
Taking on the Pledge of Allegiance
Taking on the Pledge of Allegiance (August 2007)
The News Media and Michael Newdow's Constitutional Challenge
Ronald Bishop - Author
Nadine Strossen - Foreword by

Explores atheist Michael Newdow’s constitutional challenge and how the news media marginalized him from the moment the Ninth Circuit handed down its controversial ruling that the Pledge of Allegiance was unconstitutional.

Taking on the Pledge of Allegiance explores the landmark lawsuit filed by avowed atheist Michael Newdow against the Elk Grove Unified School District in California, in which he claimed...(Read More)
 
 
Justice as Integrity
Justice as Integrity (September 2006)
Tolerance and the Moral Momentum of Law
David Fagelson - Author

Strives to show why morality and, in particular, tolerance are each part of the idea of law.

Do any moral values underlie the foundations of law and society in America? In Justice as Integrity, David Fagelson argues that morality is indeed a part of the idea of law. Examining controversies of speech and privacy, he does not ignore the conservative communitarian streak in America, but argues that liberal tolerance b...(Read More)

 
 
The Judiciary and American Democracy
The Judiciary and American Democracy (September 2005)
Alexander Bickel, the Countermajoritarian Difficulty, and Contemporary Constitutional Theory
Kenneth D. Ward - Editor
Cecilia R. Castillo - Editor

Examines recent debates in constitutional theory in light of the work of Alexander Bickel.

The role courts should play in American democracy has long been contested, fueling debates among citizens who take an active interest in politics. Alexander Bickel made a significant contribution to these debates with his seminal publication, The Least Dangerous Branch, which framed the problem of defending legitimate j...(Read More)
 
 
Congressional Preemption
Congressional Preemption (May 2005)
Regulatory Federalism
Joseph F. Zimmerman - Author

Examines the use of preemption powers by Congress to completely or partially remove regulatory authority from state and local governments.

Congressional Preemption provides an in-depth account of the use of preemption powers by Congress to either partially or completely remove regulatory authority from state and local governments in a wide variety of fields. Author Joseph F. Zimmerman exposes the inadequacies of the t...(Read More)

 
 
Constitutional Politics in Canada and the United States
Constitutional Politics in Canada and the United States (January 2004)
Stephen L. Newman - Editor

Comparative study of American and Canadian constitutionalism, especially rights jurisprudence.

The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about as...(Read More)
 
 
Affirmative Action in Antidiscrimination Law and Policy
Affirmative Action in Antidiscrimination Law and Policy (October 2002)
An Overview and Synthesis
Samuel Leiter - Author
William M. Leiter - Author

A comprehensive interdisciplinary analysis of the past, present, and future of affirmative action in the United States.

Affirmative action has been and continues to be the flashpoint of America's civil rights agenda. Yet while the affirmative action literature is voluminous, no comprehensive account of its major legal and public policy dimensions exists. Samuel and William M. Leiter examine the origin and growth of ...(Read More)
 
 
Constitutions in a Nonconstitutional World
Constitutions in a Nonconstitutional World (October 2001)
Arab Basic Laws and the Prospects for Accountable Government
Nathan J. Brown - Author

Uses the Arab experience to explain the appeal of constitutional documents to authoritarian political regimes.

The collapse of authoritarian regimes and the global resurgence of liberal democracy has led to a renewed interest in constitutions and constitutionalism among scholars and political activists alike. This book uses the Arab experience to explain the appeal of constitutional documents to authoritarian regimes an...(Read More)
 
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