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Nothing More than Freedom
Reveals that slavery has remained embedded in private law well after its ostensible demise.
Constitutionalism and Liberty
Constitutionalism and Liberty: Essays in Honor of David K. Nichols explores the relationship between liberty and constitutionalism in American politics and political theory, and is organized around the question of how human liberty is preserved and advanced while empowering government to have the necessary authority to effectively govern society. The essays themselves are divided into three areas reflecting the breadth and diversity of David K. Nichols’s scholarship. The first assesses how we should understand separation of powers and checks and balances in the American constitutional system. The second area treats different aspects of American legal practice and jurisprudence, including t...
Democracy and the History of Political Thought
This volume provides a fresh perspective on current democratic theory and practice by recovering the rich evaluations of democracy in the history of political thought. Each author addresses a single thinker’s reflections on the virtues and defects of democracy and the relationship between democracy and other regimes. Together, these essays explore the tensions within the democratic way of life that arise from an attachment to equality, liberty, citizenship, law, and the divine. Above all, this work aims at recovering a more complex understanding of democracy, connecting the perennial questions of political philosophy to the perplexities and crises of modern democracy.
Society, Ethics, and the Law: A Reader
Society, Ethics, and the Law: A Reader is an engaging, thoughtful, and academic text designed to help students make connections to ethical issues using real-world examples and thought-provoking discussion questions. Comprised of 57 original articles, topics range from traditional philosophical based academic articles to conversational style narratives of practitioners’ experiences with ethical issues within the criminal justice system. Content spans areas of criminal justice from traditional (police, courts, and corrections), to popular culture (rap, social media, and technology), to timely (immigration, gun control, and mental health). Authored by real-world experts, "Character in Context" sections illustrate how ethics impacts daily life. These include, among others, Jim Obergefell’s perspective on society, ethics, and the law as it relates to his experience as plaintiff in the Supreme Court Case Obergefell V. Hodges- the case that legalized gay marriage.
The Rights Paradox
What happens to the legitimacy of the Supreme Court when it protects 'equal justice under law'?
The Isolated Presidency
"Beginning with a discussion of how the regime created by the Constitution requires a strong executive, it then moves to note the different attributes that emerge from the presidency's structure. Specifically, energy, secrecy, continuity, a national perspective, and a longer temporal horizon. The rest of the chapter describes how these attributes fit in with the presidency's constitutional duties and powers, providing the means to achieve the functional ends set by the Constitution. The framework for analyzing the relationship between the office's structure, duties, and powers are five presidential roles: chief executive, chief legislator, chief diplomat, commander-in-chief, and chief constitutionalist. Throughout the chapter it is also noted how this logic interacts with the other branches and points out those areas where the logic may have tensions or be ambiguous, to be resolved by political contestation"--
American Constitutionalism, Marriage, and the Family
This edited volume in American constitutionalism places the Supreme Court’s declaration of same-sex marriage rights in U.S. v. Windsor (2013) and Obergefell v. Hodges (2015) within the context of the Court’s developing understanding of the legal and social status of marriage and the family. Leading scholars in the fields of political science, law, and religion examine the roots of the Court’s affirmation of same-sex rights in a number of areas related to marriage and the family including the right to marry, equality and happiness in marriage, the right to privacy, freedom of association, property rights, parental power, and reproductive rights. Taken together, these essays evaluate the extent to which the Court’s recent marriage rulings both break with and derive from the competing principles of American Constitutionalism.
The Original Meaning of the Fourteenth Amendment
A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendme...
Justice Stephen Field's Cooperative Constitution of Liberty
This bookexamines liberty’s Constitutional meaning through the jurisprudence of Justice Stephen Field, one of the late-Nineteenth Century’s most influential Supreme Court Justices. A Lincoln appointee who served on the Court from 1863-1897, Field articulated a view of Constitutional liberty that speaks to contemporary disputes. Today, some see liberty as protection through government regulation against private oppression. Others see liberty as protection from government through limits on governmental power. Justice Field is often viewed as siding against government power to regulate, acting as a pre-cursor to the infamous “Lochner”Era of the Court. This work explains how Field instea...
Ethics and Morality in Consumption
Ethical consumerism is on the rise. No longer bound to the counter-cultural fringes, ethical concerns and practices are reaching into the mainstream of society and being adopted by everyday consumers – from considering carbon miles to purchasing free-range eggs to making renewable energy choices. The wide reach and magnitude of ethical issues in society across individual and collective consumption has given rise to a series of important questions that are inspiring scholars from a range of disciplinary areas. These differing disciplinary lenses, however, tend to be contained in separate streams of research literature that are developing in parallel and in relative isolation. Ethics in Mora...
