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Hushbeck defends American constitutional government by focusing on specific ideas rather than personalities, being ideologically sharp, yet nonpartisan in tone, and by using clear and simple arguments.
"The rough-and-tumble world of nineteenth-century New Orleans was a sanitation nightmare, with the city's slaughterhouses dumping animal remains into local backwaters. When Louisiana authorized a monopoly slaughterhouse to bring about sanitation reform, hundreds of independent butchers sued, framing their cases as an infringement of rights protected by the recently passed Fourteenth Amendment. The surviving cases that reached the U.S. Supreme Court pitted the butchers' right to labor against the state's "police power" to regulate public health. The result in 1873 was a controversial 5-4 decision that for the first time addressed the meaning and import of the Fourteenth Amendment. While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.
While much has been written on Supreme Court appointments, Deciding to Leave provides the first systematic look at the process by which justices decide to retire from the bench, and why this has become increasingly partisan in recent years. Since 1954, generous retirement provisions and decreasing workloads have allowed justices to depart strategically when a president of their own party occupies the White House. Otherwise, the justices remain in their seats, often past their ability to effectively participate in the work of the Court. While there are benefits and drawbacks to various reform proposals, Ward argues that mandatory retirement goes farthest in combating partisanship and protecting the institution of the Court.
As evidence by the quality of these essays, the field of southern labor history has come into its own.
Thoroughly updated and revised, Prisons: Today and Tomorrow, Second Edition offers a balanced and comprehensive examination of prisons and prisoners. Through the use of current case studies and research, this text examines the many purposes of prisons-punishment, deterrence, rehabilitation, and incapacitation-as well as controversial issues such as whether these purposes are actually met. Through its engaging approach and realistic style, this book highlights the most pressing obstacles found in the modern prison system, and thereby probes students to consider the realities of prison life and its effects on individuals. Featuring chapters contributed by leading authorities in the field, this book is a must read for any student planning to enter the fields of criminal justice and corrections.
The Supreme Court has been the site of some of the great debates of American history, from child labor and prayer in the schools, to busing and abortion. The Oxford Guide to United States Supreme Court Decisions offers lively and insightful accounts of the most important cases ever argued before the Court, from Marbury v. Madison and Scott v. Sandford (the Dred Scott decision) to Brown v. Board of Education and Roe v. Wade. This new edition of the Guide contains more than 450 entries on major Supreme Court cases, including 53 new entries on the latest landmark rulings. Among the new entries are Bush v. Gore, Nixon v. United States, Gonzales v. Planned Parenthood Federation of America, and Ru...
The Supreme Court has continued to write constitutional history over the thirteen years since publication of the highly acclaimed first edition of The Oxford Companion to the Supreme Court. Two new justices have joined the high court, more than 800 cases have been decided, and a good deal of new scholarship has appeared on many of the topics treated in the Companion. Chief Justice William H. Rehnquist presided over the impeachment trial of President Bill Clinton, and the Court as a whole played a decisive and controversial role in the outcome of the 2000 presidential election. Under Rehnquists's leadership, a bare majority of the justices have rewritten significant areas of the law dealing w...
Appointed by Abraham Lincoln to the U.S. Supreme Court during the Civil War, Samuel Freeman Miller (1816--1890) served on the nation's highest tribunal for twenty-eight tumultuous years and holds a place in legal history as one of the Court's most influential justices. Michael A. Ross creates a colorful portrait of a passionate man grappling with the difficult legal issues arising from a time of wrenching social and political change. He also explores the impact President Lincoln's Supreme Court appointments made on American constitutional history. Best known for his opinions in cases dealing with race and the Fourteenth Amendment, particularly the 1873 Slaughter-House Cases, Miller has often...
Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our Am...