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"Brandon also develops a general typology of constitutional failure. He identifies several ways in which failure can occur, shows that failure in one area may signify success in another, and argues that the possibility of failure is built into the foundations of all constitutional regimes."--BOOK JACKET.
In two canonical decisions of the 1920s—Meyer v. Nebraska and Pierce v. Society of Sisters—the Supreme Court announced that family (including certain relations within it) was an institution falling under the Constitution’s protective umbrella. Since then, proponents of “family values” have claimed that a timeless form of family—nuclear and biological—is crucial to the constitutional order. Mark Brandon’s new book, however, challenges these claims. Brandon addresses debates currently roiling America—the regulation of procreation, the roles of women, the education of children, divorce, sexuality, and the meanings of marriage. He also takes on claims of scholars who attribute ...
This work advances an original thesis that challenges the dominant schools of thought concerning the liberal tradition in the US.
An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitutio...
Bands, bonds, and affections -- Secession all the way down : libertarians opt out -- "A slave republic" : secession and southern slavery -- White devils and Black separatists -- "Dykes first" : lesbian separatism in America -- Exodus as secession : achieving God's terrestrial kingdom.
Historical and contemporary examinations of the constitutional issues raised by war.
The Idea of Home in Law: Displacement and Dispossession explores an important set of legal and policy issues surrounding the concepts of home and homelessness, taking a growing area of legal scholarship into the new arena of human rights and international law. The collection considers the ideas concerning home - both in the sense of the dwelling place as a special type of property, and territorial claims to homeland - which underpin many contemporary legal problems, by examining a range of contexts where people are displaced or dispossessed from their homes. The essays focusing on dispossession consider themes ranging from mortgage and rent arrears in the UK to responses to the foreclosure c...
Each number is the catalogue of a specific school or college of the University.
What does it mean to have a constitution? Scholars and students associated with Walter Murphy at Princeton University have long asked this question in their exploration of constitutional politics and judicial behavior. These scholars, concerned with the making, maintenance, and deliberate change of the Constitution, have made unique and significant contributions to our understanding of American constitutional law by going against the norm of court-centered and litigation-minded research. Beginning in the late 1970s, this new wave of academics explored questions ranging from the nature of creating the U.S. Constitution to the philosophy behind amending it. In this collection, Sotirios A. Barb...
Now in its 4th edition, Revolutionary America explains the crucial events in the history of the United States between 1763 and 1815, when settlers in North America rebelled against British rule, won their independence in a long and bloody struggle, and created an enduring republic. Centering the narrative on the politics of the early republic, Revolutionary America presents a concise history of the War of Independence and lays a distinctive foundation for students and scholars of the early American republic. Francis D. Cogliano pays particular attention to the experiences of those who were excluded from the immediate benefits and rights secured by the creation of the American republic, inclu...