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Common Law and Liberal Theory
In this book, James Stoner's purpose is to recover the common law basis of American constitutionalism. American constitutionalism in general, he argues, and judicial review in particular, cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift.
Common-law Liberty
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Reconstructing the Commercial Republic
James Madison is the thinker most responsible for laying the groundwork of the American commercial republic. But he did not anticipate that the propertied class on which he relied would become extraordinarily politically powerful at the same time as its interests narrowed. This and other flaws, argues Stephen L. Elkin, have undermined the delicately balanced system he constructed. In Reconstructing the Commercial Republic, Elkin critiques the Madisonian system, revealing which of its aspects have withstood the test of time and which have not. The deficiencies Elkin points out provide the starting point for his own constitutional theory of the republic—a theory that, unlike Madison’s, lay...
Twilight of the Republic
A thoughtful analysis of how American identity has been defined and reinvented through history, and the ongoing debate over “exceptionalism.” The idea of “American exceptionalism” tends to provoke strong feelings, but few are aware of the term’s origins or true meaning. Understanding the roots and consequences of America’s uniqueness requires a thorough look into the nation’s history and Americans’ ideas about themselves. Through a masterful analysis of important texts and key documents, Justin B. Litke investigates the symbols that have defined American identity since the colonial era. From the time of the United States’ founding, its people have viewed themselves as citiz...
Change of State
How control over information creation, processing, flows, and use has become the most effective form of power: theoretical foundations and empirical examples of information policy in the U.S., an innovator informational state. As the informational state replaces the bureaucratic welfare state, control over information creation, processing, flows, and use has become the most effective form of power. In Change of State Sandra Braman examines the theoretical and practical ramifications of this "change of state." She looks at the ways in which governments are deliberate, explicit, and consistent in their use of information policy to exercise power, exploring not only such familiar topics as inte...
Catalogue
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Who's who in the South and Southwest
Includes names from the States of Alabama, Arkansas, the District of Columbia, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas and Virginia, and Puerto Rico and the Virgin Islands.
Imagining the Law
At a time when the role of the legal profession, the jury system and other key aspects of American law are under much dispute, "Imagining the Law" provides a historical perspective on these critical public issues. Historian Norman Cantor explains how and why common law developed out of Roman law, in response to the needs and assumptions of English society and culture from 1000 to 1780, and how it became the basis of the American legal system. Professor Cantor shows that many of the current debates about the jury trial, the adversarial model and other parts of our legal system stem from this history. He highlights the minds and personalities of prominent judicial leaders, from Cicero and Just...
