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Constituent Interests and U.S. Trade Policies Cover

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Constituent Interests and U.S. Trade Policies

Alan V. Deardorff and Robert M. Stern

The contributors to this volume, economists and political scientists from academic institutions, the private sector, and the Ways and Means Committee of the U.S. House of Representatives, came together to discuss an important topic in the formation of U.S. international trade policy: the representation of constituent interests. In the resulting volume they address the objectives of groups who participate in the policy process and examine how each group's interests are identified and promoted. They look at what means are used for these purposes, and the extent to which the groups' objectives and behavior conform to how the political economy of trade policy is treated in the economic and political science literature. Further, they discuss how effective each group has been. Each of the book's five parts offers a coherent view of important components of the topic. Part I provides an overview of the normative and political economy approaches to the modeling of trade policies. Part 2 discusses the context of U.S. trade policies. Part 3 deals with the role of sectoral producing interests, including the relationship of trade policy to auto, steel, textile, semiconductor, aircraft, and financial services. Part 4 examines other constituent interests, including the environment, human rights, and the media. Part 5 provides commentary on such issues as the challenges that trade policy poses for the new administration and the 105th Congress. The volume ultimately offers important and more finely articulated questions on how trade policy is formed and implemented. Contributors are Robert E. Baldwin, Jagdish Bhagwati, Douglas A. Brook, Richard O. Cunningham, Jay Culbert, Alan V. Deardorff, I. M. Destler, Daniel Esty, Geza Feketekuty, Harry Freeman, John D. Greenwald, Gene Grossman, Richard L. Hall, Jutta Hennig, John H. Jackson, James A. Levinsohn, Mustafa Mohatarem, Robert Pahre, Richard C. Porter, Gary R. Saxonhouse, Robert E. Scott, T. N. Srinivasan, Robert M. Stern, Joe Stroud, John Sweetland, Raymond Waldmann, Marina v.N. Whitman, and Bruce Wilson. Alan V. Deardorff and Robert M. Stern are Professors of Economics and Public Policy, University of Michigan.

Constituting Workers, Protecting Women Cover

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Constituting Workers, Protecting Women

Gender, Law and Labor in the Progressive Era and New Deal Years

Julie Novkov

Constitutional considerations of protective laws for women were the analytical battlefield on which the legal community reworked the balance between private liberty and the state's authority to regulate. Julie Novkov focuses on the importance of gender as an analytical category for the legal system. During the Progressive Era and New Deal, courts often invalidated generalized protective legislation, but frequently upheld measures that limited women's terms and conditions of labor. The book explores the reasoning in such cases that were decided between 1873 and 1937. By analyzing all reported opinion on the state and federal level, as well as materials from the women's movement and briefs filed in the U.S. Supreme Court, the study demonstrates that considerations of cases involving women's measures ultimately came to drive the development of doctrine. The study combines historical institutionalism and feminism to address constitutional interpretation, showing that an analysis of conflict over the meaning of legal categories provides a deeper understanding of constitutional development. In doing so, it rejects purely political interpretations of the so-called Lochner era, in which the courts invalidated many legislative efforts to ameliorate the worst effects of capitalism. By addressing the dynamic interactions among interested laypersons, attorneys, and judges, it demonstrates that no individuals or institutions have complete control over the generation of constitutional meaning. Julie Novkov is Assistant Professor of Political Science, University of Oregon

Constitution for a Disunited Nation Cover

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Constitution for a Disunited Nation

On Hungary's 2011 Fundamental Law

A Constitution for All Times Cover

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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

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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

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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

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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

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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

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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

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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.

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