We are unable to display your institutional affiliation without JavaScript turned on.
Shibboleth

Shibboleth authentication is only available to registered institutions.

Project MUSE

Browse Book and Journal Content on Project MUSE
OR

Browse Results For:

Social Sciences > Law

previous PREV 7 8 9 10 11 12 13 NEXT next

Results 91-100 of 711

:
:
A Constitution for All Times Cover

Access Restricted This search result is for a Book

A Constitution for All Times

Pamela S. Karlan

Pamela S. Karlan is a unique figure in American law. A professor at Stanford Law School and former counsel for the NAACP, she has argued seven cases at the Supreme Court and worked on dozens more as a clerk for Justice Harry Blackmun. In her first book written for a general audience, she examines what happens in American courtrooms -- especially the Supreme Court -- and what it means for our everyday lives and to our national commitments to democracy, justice, and fairness. Through an exploration of current hot-button legal issues -- from voting rights to the death penalty, health care, same-sex marriage, invasive high-tech searches, and gun control -- Karlan makes a sophisticated and resonant case for her vision of the Constitution. At the heart of that vision is the conviction that the Constitution is an evolving document that enables government to solve novel problems and expand the sphere of human freedom. As skeptics charge congressional overreach on such issues as the Affordable Care Act and even voting rights, Karlan pushes back. On individual rights in particular, she believes the Constitution allows Congress to enforce the substance of its amendments. And she calls out the Roberts Court for its disdain for the other branches of government and for its alignment with a conservative agenda.

The Constitution Goes to College Cover

Access Restricted This search result is for a Book

The Constitution Goes to College

Five Constitutional Ideas That Have Shaped the American University

Rodney Smolla

American college campuses, where ideas are freely exchanged, contested, and above all uncensored, are historical hotbeds of political and social turmoil. In the past decade alone, the media has carefully tracked the controversy surrounding the speech of Iranian President Mahmoud Ahmadinejad at Columbia, the massacres at Virginia Tech, the dismissal of Harvard's President Lawrence Summers, and the lacrosse team rape case at Duke, among others. No matter what the event, the conflicts that arise on our campuses can be viewed in terms of constitutional principles, which either control or influence outcomes of these events. In turn, constitutional principles are frequently shaped and forged by campus culture, creating a symbiotic relationship in which constitutional values influence the nature of universities, which themselves influence the nature of our constitutional values.

In The Constitution Goes to College, Rodney A. Smolla—a former dean and current university president who is an expert on the First Amendment—deftly uses the American university as a lens through which to view the Constitution in action. Drawing on landmark cases and conflicts played out on college campuses, Smolla demonstrates how five key constitutional ideas—the living Constitution, the division between public and private spheres, the distinction between rights and privileges, ordered liberty, and equality—are not only fiercely contested on college campuses, but also dominate the shape and identity of American university life.

Ultimately, Smolla compellingly demonstrates that the American college community, like the Constitution, is orderly and hierarchical yet intellectually free and open, a microcosm where these constitutional dichotomies play out with heightened intensity.

Constitutional History of the American Revolution Cover

Access Restricted This search result is for a Book

Constitutional History of the American Revolution

Designed for use in courses, this abridged edition of the four-volume Constitutional History of the American Revolution demonstrates how significant constitutional disputes were in instigating the American Revolution. John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement. Reid's distinctive analysis discusses the irreconcilable nature of this conflict—irreconcilable not because leaders in politics on both sides did not desire a solution, but because the dynamics of constitutional law impeded a solution that permitted the colonies to remain part of the dominions of George III.

Constitutional History of the American Revolution, Volume I Cover

Access Restricted This search result is for a Book

Constitutional History of the American Revolution, Volume I

The Authority of Rights

John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement.

Constitutional History of the American Revolution, Volume II Cover

Access Restricted This search result is for a Book

Constitutional History of the American Revolution, Volume II

The Authority to Tax

John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement.

Constitutional History of the American Revolution, Volume III Cover

Access Restricted This search result is for a Book

Constitutional History of the American Revolution, Volume III

The Authority to Legislate

This is the first comprehensive study of the constitutionality of the Parliamentary legislation cited by the American Continental Congress as a justification for its rebellion against Great Britain in 1776. The content and purpose of that legislation is well known to historians, but here Reid places it in the context of eighteenth-century constitutional doctrine and discusses its legality in terms of the intellectual premises of eighteenth-century Anglo-American legal values. The third installment in a planned four-volume work, The Authority to Legislate follows The Authority to Tax and The Authority of Rights. In this volume, Reid shows that the inflexibility of British constitutional principle left no room for settlement or change; Parliament became entrapped by the imperatives of the constitution it was struggling to preserve. He analyzes the legal theories put forward in support of Parliament’s authority to legislate and the specific precedents cited as evidence of that authority. Reid’s examination of both the debate over the authority to legislate and the constitutional theory underlying the debate shows the extent to which the American Revolution and the Declaration of Independence were actions taken in defense of the rule of law. Considered as a whole, Reid’s Constitutional History of the American Revolution contributes to an understanding of the central role of legal and constitutional standards, especially concern for rule by law, in the development of the American nation.

Constitutional History of the American Revolution, Volume IV Cover

Access Restricted This search result is for a Book

Constitutional History of the American Revolution, Volume IV

The Authority of Law

This is the first comprehensive study of the constitutionality of the Parliamentary legislation cited by the American Continental Congress as a justification for its rebellion against Great Britain in 1776. The content and purpose of that legislation is well known to historians, but here John Phillip Reid places it in the context of eighteenth-century constitutional doctrine and discusses its legality in terms of the intellectual premises of eighteenth-century Anglo-American legal values. The Authority of Law is the last of a four-volume work, preceded by The Authority to Tax, The Authority of Rights, and The Authority to Legislate. In these previous volumes, Reid argued that there would have been no rebellion had taxation been the only constitutional topic of controversy, that issues of rights actually played a larger role in the drafting of state and federal constitutions than they did in instigating a rebellion, and that the American colonists finally took to the battlefield against the British because of statutes that forced Americans to either concede the authority to legislate or leave the empire. Expanding on the evidence presented in the first three volumes, The Authority of Law determines the constitutional issues dividing American whigs from British imperialists. Reid summarizes these issues as “the supremacy issue,” “the Glorious Revolution issue,” “the liberty issue,” and the “representation issue.” He then raises a compelling question: why, with so many outstanding lawyers participating in the debate, did no one devise a constitutionally legal way out of the standoff? Reid makes an original suggestion. No constitutional solution was found because the British were more threatened by American legal theory than the Americans were by British theory. British lawyers saw the future of liberty in Great Britain endangered by the American version of constitutional law. Considered as a whole, Reid’s Constitutional History of the American Revolution contributes to an understanding of the central role of legal and constitutional standards, especially concern for rule by law, in the development of the American nation.

Constitutionalism and the Separation of Powers Cover

Access Restricted This search result is for a Book

Constitutionalism and the Separation of Powers

M J C Vile

Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography.

M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.

Constructing the Enemy Cover

Access Restricted This search result is for a Book

Constructing the Enemy

Empathy/Antipathy in U.S. Literature and Law

Rajini Srikanth

In her engaging book, Constructing the Enemy, Rajini Srikanth probes the concept of empathy, attempting to understand its different types and how it is—or isn't—generated and maintained in specific circumstances.

Using literary texts to illuminate issues of power and discussions of law, Srikanth focuses on two case studies— the internment of Japanese citizens and Japanese Americans in World War II, after the bombing of Pearl Harbor, and the detainment of Muslim Americans and individuals from various nations in the U.S. prison at Guantanamo Bay.

Through primary documents and interviews that reveal why and how lawyers become involved in defending those who have been designated “enemies,” Srikanth explores the complex conditions under which engaged citizenship emerges. Constructing the Enemy probes the seductive promise of legal discourse and analyzes the emergence and manifestation of empathy in lawyers and other concerned citizens and the wider consequences of this empathy on the institutions that regulate our lives.

The Consumption of Justice Cover

Access Restricted This search result is for a Book

The Consumption of Justice

Emotions, Publicity, and Legal Culture in Marseille, 1264–1423

by Daniel Lord Smail

In the thirteenth and fourteenth centuries, the ideas and practices of justice in Europe underwent significant change as procedures were transformed and criminal and civil caseloads grew apace. Drawing on the rich judicial records of Marseille from the years 1264 to 1423, especially records of civil litigation, this book approaches the courts of law from the perspective of the users of the courts (the consumers of justice) and explains why men and women chose to invest resources in the law.

Daniel Lord Smail shows that the courts were quickly adopted as a public stage on which litigants could take revenge on their enemies. Even as the new legal system served the interest of royal or communal authority, it also provided the consumers of justice with a way to broadcast their hatreds and social sanctions to a wider audience and negotiate their own community standing in the process. The emotions that had driven bloodfeuds and other forms of customary vengeance thus never went away, and instead were fully incorporated into the new procedures.

previous PREV 7 8 9 10 11 12 13 NEXT next

Results 91-100 of 711

:
:

Return to Browse All on Project MUSE

Research Areas

Content Type

  • (706)
  • (5)

Access

  • You have access to this content
  • Free sample
  • Open Access
  • Restricted Access