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The Legacy of Ruth Bader Ginsburg
This anthology chronicles the legal legacy of Ruth Bader Ginsburg.
Amending America's Unwritten Constitution
It is well known that the US Constitution has been amended twenty-seven times since its creation in 1787, but that number does not reflect the true extent of constitutional change in America. Although the Constitution is globally recognized as a written text, it consists also of unwritten rules and principles that are just as important, such as precedents, customs, traditions, norms, presuppositions, and more. These, too, have been amended, but how does that process work? In this book, leading scholars of law, history, philosophy, and political science consider the many theoretical, conceptual, and practical dimensions of what it means to amend America's 'unwritten Constitution': how to change the rules, who may legitimately do it, why leaders may find it politically expedient to enact written instead of unwritten amendments, and whether anything is lost by changing the constitution without a codified constitutional amendment.
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.
The Oxford Handbook of Comparative Constitutional Law
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U...
Taking Back the Constitution
How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.
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.
Discourse, Politics and Media in Contemporary China
After three and a half decades of economic reforms, radical changes have occurred in all aspects of life in China. In an authoritarian society, these changes are mediated significantly through the power of language, carefully controlled by the political elites. Discourse, as a way of speaking and doing things, has become an indispensable instrument for the authority to manage a fluid, increasingly fragmented, but highly dynamic and yet fragile society. Written by an international team of leading scholars, this volume examines socio-political transformations of contemporary Chinese society through a systematic account, analysis and assessment of its salient discourses and their production, circulation, negotiation, and consequences. In particular, the volume focuses on the interplay of politics and media. The book’s intended readership is academics and students of Chinese studies, language and discourse, and media and communication studies.
Pre-Incident Indicators of Terrorist Incidents
This is a print on demand edition of a hard to find publication. Explores whether sufficient data exists to examine the temporal and spatial relationships that existed in terrorist group planning, and if so, could patterns of preparatory conduct be identified? About one-half of the terrorists resided, planned, and prepared for terrorism relatively close to their eventual target. The terrorist groups existed for 1,205 days from the first planning meeting to the date of the actual/planned terrorist incident. The planning process for specific acts began 2-3 months prior to the terrorist incident. This study examined selected terrorist groups/incidents in the U.S. from 1980-2002. It provides for the potential to identify patterns of conduct that might lead to intervention prior to the commission of the actual terrorist incidents. Illustrations.
Originalism's Promise
Provides the first natural law justification for an originalist interpretation of the American Constitution.
