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Justice in Plainclothes
In this important book, Lawrence Sager, a leading constitutional theorist, offers a lucid understanding and compelling defense of American constitutional practice. Sager treats judges as active partners in the enterprise of securing the fundamentals of political justice, and sees the process of constitutional adjudication as a promising and distinctly democratic addition to that enterprise. But his embrace of the constitutional judiciary is not unqualified. Judges in Sager’s view should and do stop short of enforcing the whole of the Constitution; and the Supreme Court should welcome rather than condemn the efforts of Congress to pick up the slack. Among the surprising fruits of this justice-seeking account of American constitutional practice are a persuasive case for the constitutional right to secure a materially decent life and sympathy for the obduracy of the Constitution to amendment. No book can end debate in this conceptually tumultuous area; but Justice in Plainclothes is likely to help shape the ongoing debate for years to come.
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...
Religious Liberty, Volume 4
One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious-liberty cases in the United States Supreme Court. His noteworthy scholarly and popular writings are being collected in five comprehensive volumes under the title Religious Liberty. This fourth volume presents a documentary history of the effort to replace the Religious Freedom Restoration Act with the Religious Liberty Protection Act, an effort that failed but led to narrower legislation protecting churches from hostile zoning and protecting the religious rights of prisoners. Documenting culture-war battles over religious liberty and abortion, contraception, and same-sex marriage, this volume includes journal articles, testimony to Congress, shorter popular writings, and letters to such political figures as Congressman Bobby Scott and President Barack Obama.
Inconsistency and Indecision in the United States Supreme Court
The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decis...
Marriage, Sexuality, and Gender
Marriage, Sexuality, and Gender examines contemporary debates about the meaning and value of marriage. The book analyzes arguments for traditional marriage, including those of neonaturalists, utilitarians, and communitarians or virtue theorists. The volume also considers a range of feminist, welfarist, and liberationist arguments for ending the institution altogether. It evaluates two major reform movements: one focused on expanding marriage to include same-sex couples and the other focused on the use of law to render marriage more internally just. The book concludes with a plea to activists to redirect "marriage equality" movements toward the creation of an entirely secular "civil union law" that would respect a broader range of private life-long commitments, including but not limited to same- and opposite-sex couples, without threatening the role of religious marriage in the lives of those who embrace it and without penalizing nonparticipants.
Constituting Economic and Social Rights
Food, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutional rights, and how their protection changes public law. Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovation...
Liberalism’s Religion
Cécile Laborde argues that religion is more than a statement of belief or a moral code. It refers to comprehensive ways of life, theories of justice, modes of association, and vulnerable collective identities. By disaggregating these dimensions, she addresses questions about whether Western secularism and religion can be applied more universally.
