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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...
The book that inspired Channel Nine's Underbelly: Chopper From streetfighter to standover man, gunman to underworld executioner, Mark Brandon 'Chopper' Read was earmarked for death a dozen times but somehow lived to tell the tale. This is it. Chopper: From The Inside became a best-seller on its release in 1991, spawning a series of books that have today sold over 500,000 copies around the world. Chopper also inspired an acclaimed feature film, countless art and stage shows and, in 2018, the major Channel Nine TV series Underbelly: Chopper. From The Inside is the first shot in the Chopper canon - written from his gaol cell and laced with the brutal humour that made this Australian crime commando a true legend of the underworld.
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.
This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court. Moving beyond the traditional "law versus politics" perspective, the authors draw extensively on recent studies in American Political Development (APD) to present a much more complex and sophisticated view of the Court as both a legal and political entity. The contributors--including Pam Brandwein, Howard Gillman, Mark Graber, Ronald Kahn, Tom Keck, Ken Kersch, Wayne Moore, Carol Nackenoff, Julie Novkov, and Mark Tushnet--share an appreciation that the process of constitutional development involves a complex interplay between factors internal and external to the Court. They underscore...
This volume focusses on Law and the Imagining of Difference with each chapter examining how law responds to the claims of difference, how and when it recognizes difference and accommodates it, as well as when and why such recognition and accommodation is resisted. Topics covered include disability, same-sex marriage and gender equality.
With distressing statistics about rising cost burdens, increasing foreclosure rates, rising unemployment, falling wages, and widespread homelessness, building affordable housing is one of our most pressing social policy problems. Affordable Housing and Public-Private Partnerships focuses attention on this critical need, as leading experts on affordable housing law and policy come together to address key issues of concern and to suggest appropriate responses for future action. Focusing in particular on how best to understand and implement the joint work of public and private actors in housing, this book considers the real estate aspects of affordable housing law and policy, access to housing, housing finance and affordability, land use, housing regulation and housing issues in a post-Katrina context. Filling a critical gap in the scholarly literature available, this book will be of particular interest to policy-makers, academics, lawyers and students of housing, land use, real estate, property, community development and urban planning
"earlier. While the term "feminist" was not used in the United States until the 1910s, the foundations of feminist legal theory were first conceptualized as early as 1848 and developed over the next one hundred and fifty years. This chapter traces that development. It begins with the establishment of the core theoretical precepts of gender and equality grounded in the surprisingly comprehensive philosophy of the nineteenth-century's first women's rights movement ignited at Seneca Falls. It then shows how feminist legal theory was popularized and advanced by the political activism of the women's suffrage movement, even as suffragists limited the feminist consensus to one based on women's mate...