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The Collective-Action Constitution
The Collective-Action Constitution discusses how the U.S. Constitution is based on the principles of collective action among states, and how this understanding can provide guidance on addressing the sobering problems facing America today.
United States Constitutional Law
United States Constitutional Law guides law students, political science students, and engaged citizens through the complexities of U.S. Supreme Court doctrine--and its relationship to constitutional politics--in key areas ranging from federalism and presidential power to equal protection and substantive due process. Rather than approach constitutional law as a static structure or imagine the Supreme Court as acting in isolation from society, the book elaborates and clarifies key constitutional doctrines while also drawing on scholarship in law and political science that relates the doctrines to large social changes such as industrialization, social movements such as civil rights and second-wave feminism, and institutional tensions between governmental actors. Combining legal analysis with historical narrative and sensitivity to political context, the book provides deeper understanding of how constitutional law arises, functions, and changes in a complex, often-divided society.
Introdução à Justiça Constitucional
A presente obra tem um propósito inicial de natureza didática, permitindo aos estudantes aprofundar conhecimentos, introduzindo-os na resolução de problemas mais complexos atinentes aos processos de fiscalização da constitucionalidade. O enquadramento teórico-metodológico adotado e a convocação de uma abordagem que mobiliza a jurisprudência tornam a obra relevante para os demais juristas. O tratamento desenvolvido revela a importância da Justiça Constitucional para a compreensão da força normativa da Constituição e do sentido desta sua específica garantia, mas também para a inteleção do alcance da função exercida pelos tribunais e do necessário equilíbrio que pressupõe no concerto com os demais poderes estaduais (também no cenário global), e da metodologia que permeabiliza as decisões.
Judgment Calls
Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution? Our Constitution contains a great deal of language that is vague, broad, or ambiguous, making its meaning uncertain. Many people believe this uncertainty allows judges too much discretion. They suggest that constitutional adjudication is just politics in disguise, and that judges are legislators in robes who read the Constitution in accordance with their own political views. Some think that political decision making by judges is inevitable, and others think it can be restrained by "strict constructionist" theories like textualism or origin...
Cosmic Constitutional Theory
American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert...
The American Bar
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