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When the landmark Supreme Court case of Brown vs. Board of Education was handed down in 1954, many civil rights advocates believed that the decision, which declared public school segregation unconstitutional, would become the Holy Grail of racial justice. Fifty years...
Editeur :
Oxford University Press
Parution :
2004-04-19
ePub
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Americans hate and distrust their government. At the same time,Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side...
Editeur :
Oxford University Press
Parution :
2003-01-16
PDF
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At a time of unprecedented national power, why do so many Americans believe that our nationhood is fragile and precarious? Why the talk--among politicians, academics, and jurists--of "coups d'etat," of culture wars, of confederation, of constitutional breakdown? In this...
Editeur :
Oxford University Press
Parution :
2002-11-28
ePub
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"In modern nations, political disagreement is the source of both the gravest danger and the greatest security," writes Cass Sunstein. All democracies face intense political conflict. But is this conflict necessarily something to fear? In this provocative book, one of...
Editeur :
Oxford University Press
Parution :
2001-09-27
PDF, ePub
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At a time of unprecedented national power, why do so many Americans believe that our nationhood is fragile and precarious? Why the talk--among politicians, academics, and jurists--of "coups d'etat," of culture wars, of confederation, of constitutional breakdown? In this...
Editeur :
Oxford University Press
Parution :
2001-09-06
PDF
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Americans hate and distrust their government. At the same time,Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side...
Editeur :
Oxford University Press
Parution :
2001-05-17
ePub
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Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in...
Editeur :
Oxford University Press
Parution :
1998-02-26
PDF, ePub
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Attempting to realize Plato's vision of a republic governed by "reason," American constitutionalists, according to Steven D. Smith's bold new critical study, have instead reenacted the Tower of Babel myth, producing a constitutional discourse marked by rampant...
Editeur :
Oxford University Press
Parution :
1998-01-01
PDF
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During his thirty-four year tenure as a Justice of the Supreme Court, Hugo L. Black demonstrated, in the words of one of his colleagues, "a true passion for the Constitution." At a moment's notice, in front of visiting students or a clutch of legal dignitaries, the...
Editeur :
Oxford University Press
Parution :
1996-09-12
PDF
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In the last twenty years, the veil of secrecy surrounding the workings of the United States Supreme Court has been lifted. Justice Thurgood Marshall's controversial decision to make his papers available to the public ushered in a new era of openness about the operation...
Editeur :
Oxford University Press
Parution :
1996-01-04
PDF
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School desegregation and "forced" busing first brought people to the barricades during the 1960s and 1970s, and the idea continues to spark controversy today whenever it is proposed. A quiet rage smolders in hundreds of public school systems, where court- ordered busing...
Editeur :
Oxford University Press
Parution :
1995-06-30
PDF
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Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely downplayed. The irony of this interpretive emphasis is that the body of...
Editeur :
Oxford University Press
Parution :
1995-01-05
PDF
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The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure...
Editeur :
Oxford University Press
Parution :
1993-07-08
PDF
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Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the...
Editeur :
Oxford University Press
Parution :
1992-10-01
PDF
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When David Souter was nominated by President Bush to the Supreme Court, he cited John Marshall Harlan as his model. It was an interesting choice. Admired by conservatives and deeply respected by his liberal brethren, Harlan was a man, as Justice William Brennan...
Editeur :
Oxford University Press
Parution :
1992-03-12
PDF
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The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is...
Editeur :
Oxford University Press
Parution :
1991-01-17
PDF
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In this compelling study, which unites the fields of constitutional theory and comparative politics, John E. Finn examines how the efforts of two western liberal democracies, the United Kingdom and the Federal Republic of Germany, to cope with domestic terrorism...
Editeur :
Oxford University Press
Parution :
1990-12-27
PDF
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In this first systematic study of the legal problems relating to the convention clause, Russell Caplan shows that repeated constitutional crises have given rise to state drives for a national convention nearly every twenty years since the Constitution was enacted. He...
Editeur :
Oxford University Press
Parution :
1988-12-08
PDF
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Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts. The first amendment adopted after the Bill of...
Editeur :
Oxford University Press
Parution :
1987-01-22
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