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Constitutional Fate

Constitutional Fate
Author: Philip Bobbitt
Publisher: Oxford University Press
Total Pages: 298
Release: 1984-03-15
Genre: Law
ISBN: 0199878587

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Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.


Constitutional Fate

Constitutional Fate
Author: Philip Bobbitt
Publisher: Oxford University Press
Total Pages: 304
Release: 2006-08-31
Genre: Law
ISBN: 9780195189476

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Liberty, Property, and the Future of Constitutional Development

Liberty, Property, and the Future of Constitutional Development
Author: Ellen Frankel Paul
Publisher: SUNY Press
Total Pages: 356
Release: 1990-07-05
Genre: Law
ISBN: 9780791403044

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This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930’s, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the “double standard.” The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.


The Constitution Failed

The Constitution Failed
Author: Robert R. Owens
Publisher: Xulon Press
Total Pages: 234
Release:
Genre: Religion
ISBN: 1612150942

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How can you say, "The Constitution failed?" Don't you mean, "We failed the Constitution?" Or is that a distinction without a difference? Since the declared and understood purpose to the writing and ratification of the Constitution was to create and sustain a limited government and since We the People now face an unlimited government Dr. Owens maintains we face the painful reality, "The Constitution failed." As a member of the Richmond Tea Party and a contributing author to the websites of numerous Tea Parties across the fruited plane Dr. Robert Owens, the author of the History of the Future builds upon Dispatches from that History to show not only that the Constitution has failed but that in many ways that failure was foretold before it was ever ratified by the arguments of the Anti-Federalists. He then goes on to offer recommendations for how We the People can organize and advocate for a solution which will preserve liberty in the land of the free and the home of the brave."


Constitutional Interpretation

Constitutional Interpretation
Author: Jeffrey M. Shaman
Publisher: Bloomsbury Publishing USA
Total Pages: 286
Release: 2000-11-30
Genre: Law
ISBN: 0313000972

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This study analyzes the process of constitutional interpretation, that is, the methodology by which the Supreme Court goes about interpreting the Constitution, and offers a comprehensive view of constitutional law through the lens of history, political science, and jurisprudence. Shaman examines the practice of creating meaning for the Constitution, the dichotomy of legal formalism and realism, the levels of judicial scrutiny, the perception of reality, and the puzzle of legislative motive. While the book traces the historical development of constitutional law, its main focus is on modern jurisprudence, including analyses of the major themes of constitutional interpretation developed by the Warren, Burger, and Rehnquist Courts. Shaman details the Warren Court's move to a more realistic jurisprudence and its development of a multi-level system of judicial review that has become increasingly more complex under the Burger and Rehnquist Courts. He critiques the Supreme Court's reversion in recent years to an old-fashioned formalistic jurisprudence and the growing tendency of the Court to look to the past rather than to future to interpret the Constitution. The book also includes discussion of recent major doctrinal developments such as constitutional theory underlying Supreme Court decisions on gender discrimination, discrimination on the basis of sexual preference, the right to die, abortion, and freedom of speech.


Constitutional Fictions

Constitutional Fictions
Author: David L Faigman
Publisher: Oxford University Press
Total Pages: 248
Release: 2008-08-18
Genre: Law
ISBN: 019971231X

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David Faigman's Constitutional Fictions is the first book-length examination of the role of fact-finding in constitutional cases. Because the role of facts is central to the day-to-day realities of constitutional law, Faigman provides an extraordinarily important analysis of a subject that has been largely ignored by constitutional scholars. To show how contemporary facts play into constitutional analysis, Faigman examines some of the most controversial subjects of the late twentieth century, including physician-assisted suicide, abortion, sexual predators, free speech, and privacy. The Constitution is popularly thought of as a static document that embodies fundamental values and foundational principles of governance. However, the values and principles that the Constitution embodies must be applied to the circumstances and challenges of changing times. Constitutional Fictions explains how contemporary facts should be incorporated into constitutional decisions, thus allowing the Constitution to endure for the ages.


Constitution 3.0

Constitution 3.0
Author: Jeffrey Rosen
Publisher: Rowman & Littlefield
Total Pages: 284
Release: 2011-11-11
Genre: Law
ISBN: 0815722133

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At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre


Women and the U.S. Constitution

Women and the U.S. Constitution
Author: Sibyl A. Schwarzenbach
Publisher: Columbia University Press
Total Pages: 415
Release: 2004-02-18
Genre: History
ISBN: 0231502966

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Women and the U.S. Constitution is about much more than the nineteenth amendment. This provocative volume incorporates law, history, political theory, and philosophy to analyze the U.S. Constitution as a whole in relation to the rights and fate of women. Divided into three parts—History, Interpretation, and Practice—this book views the Constitution as a living document, struggling to free itself from the weight of a two-hundred-year-old past and capable of evolving to include women and their concerns. Feminism lacks both a constitutional theory as well as a clearly defined theory of political legitimacy within the framework of democracy. The scholars included here take significant and crucial steps toward these theories. In addition to constitutional issues such as federalism, gender discrimination, basic rights, privacy, and abortion, Women and the U.S. Constitution explores other issues of central concern to contemporary women—areas that, strictly speaking, are not yet considered a part of constitutional law. Women's traditional labor and its unique character, and women and the welfare state, are two examples of topics treated here from the perspective of their potentially transformative role in the future development of constitutional law.


The Constitution in Wartime

The Constitution in Wartime
Author: Mark Tushnet
Publisher: Duke University Press
Total Pages: 278
Release: 2005-01-26
Genre: History
ISBN: 9780822334682

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Historical and contemporary examinations of the constitutional issues raised by war.