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The Next Justice
  • Language: en
  • Pages: 255

The Next Justice

  • Categories: Law

He describes a new and better manner of deliberating about who should serve on the Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates."

Religious Freedom and the Constitution
  • Language: en
  • Pages: 346

Religious Freedom and the Constitution

Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contr...

The Next Justice
  • Language: en
  • Pages: 253

The Next Justice

  • Categories: Law

The Supreme Court appointments process is broken, and the timing couldn't be worse--for liberals or conservatives. The Court is just one more solid conservative justice away from an ideological sea change--a hard-right turn on an array of issues that affect every American, from abortion to environmental protection. But neither those who look at this prospect with pleasure nor those who view it with horror will be able to make informed judgments about the next nominee to the Court--unless the appointments process is fixed now. In The Next Justice, Christopher Eisgruber boldly proposes a way to do just that. He describes a new and better manner of deliberating about who should serve on the Cou...

The Great Escape
  • Language: en
  • Pages: 392

The Great Escape

A Nobel Prize–winning economist tells the remarkable story of how the world has grown healthier, wealthier, but also more unequal over the past two and half centuries The world is a better place than it used to be. People are healthier, wealthier, and live longer. Yet the escapes from destitution by so many has left gaping inequalities between people and nations. In The Great Escape, Nobel Prize–winning economist Angus Deaton—one of the foremost experts on economic development and on poverty—tells the remarkable story of how, beginning 250 years ago, some parts of the world experienced sustained progress, opening up gaps and setting the stage for today's disproportionately unequal wo...

Constitutional Self-Government
  • Language: en
  • Pages: 290

Constitutional Self-Government

  • Categories: Law

Most of us regard the Constitution as the foundation of American democracy. How, then, are we to understand the restrictions that it imposes on legislatures and voters? Why, for example, does the Constitution allow unelected judges to exercise so much power? And why is this centuries-old document so difficult to amend? In short, how can we call ourselves a democracy when we are bound by an entrenched, and sometimes counter-majoritarian, constitution? In Constitutional Self-Government, Christopher Eisgruber focuses directly on the Constitution's seemingly undemocratic features. Whereas other scholars have tried to reconcile these features with majority rule, or simply acknowledged them as nec...

Moving Up Without Losing Your Way
  • Language: en
  • Pages: 190

Moving Up Without Losing Your Way

"Upward mobility through the path of higher education has been an article of faith for generations of working-class, low-income, and immigrant college students. While we know this path usually entails financial sacrifices and hard work, very little attention has been paid to the deep personal compromises such students have to make as they enter worlds vastly different from their own. Measuring the true cost of higher education for those from disadvantaged backgrounds, Moving Up without Losing Your Way looks at the ethical dilemmas of upward mobility--the broken ties with family and friends, the severed connections with former communities, and the loss of identity--faced by students as they strive to earn a successful place in society"--Dust jacket.

September 11 in History
  • Language: en
  • Pages: 268

September 11 in History

Table of contents

A Matter of Dispute
  • Language: en
  • Pages: 377

A Matter of Dispute

  • Categories: Law

Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - ...

The Language of Liberal Constitutionalism
  • Language: en
  • Pages: 15

The Language of Liberal Constitutionalism

This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws.

Constitutional Stupidities, Constitutional Tragedies
  • Language: en
  • Pages: 296

Constitutional Stupidities, Constitutional Tragedies

  • Categories: Law
  • Type: Book
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  • Published: 1998-06
  • -
  • Publisher: NYU Press

While the Constitution is the cornerstone of American government, some who are most familiar with the document find it lacking. This unique volume brings together many of the country's most esteemed constitutional commentators and challenges them to select the "stupidest" provision of the Constitution--then to surmise possible results if different interpretations were applied.