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Judicial Nominations
  • Language: en
  • Pages: 474

Judicial Nominations

  • Categories: Law
  • Type: Book
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  • Published: 2019-05-20
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  • Publisher: Routledge

On January 22, 1973, the Supreme Court issued its decision in Roe v. Wade. Holding that a woman’s substantive due process right to terminate her pregnancy in the early months outweighed state interests in maternal health and fetal protection, the Court struck down a Texas law permitting abortions only to save the life of the mother. This series is divided into three volumes, with each part containing multiple case studies. Volume One (two books) considers legislative initiatives; Volume Two (two books) reviews executive initiatives; and Volume Three (one book) examines judicial nominations. Abortion funding, clinic access legislation, freedom of choice and human life legislative proposals, and proposed constitutional amendments are considered in Part One. Presidential positions, federal family planning regulation (domestic and international), fetal tissue research, and governmental briefs and arguments in abortion-related Supreme Court litigation are the subject of Part Two. First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

Redefining Equality
  • Language: en
  • Pages: 241

Redefining Equality

  • Type: Book
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  • Published: 1998
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  • Publisher: Unknown

This is a collection of insightful essays in which noted scholars in law, history, and social science present varying perspectives on this fundamental concept. Addressing the specific cases behind the headlines and the abstract arguments within the legal texts, such contributors as Kathryn Abrams, Erwin Chemerinsky, Drew S. Days III, Richard Delgado, David J. Garrow, Hugh Davis Graham, Jennifer L. Hochschild, Jeremy Rabkin, Gerald N. Rosenberg, and David A. Strauss look closely at everything from school busing programs and affirmative action to the role of the courts and the politics of equality. Various examples and definitions of equality, culled from America's past and present, are summarized and examined in ways that illustrate how and why equality issues directly affect men and women of all races and backgrounds. A balanced array of assessments regarding our nation's historical and contemporary thoughts on equality and civil rights, Redefining Equality will prove most informative to students of law, political science, and recent American history.

Shaping Constitutional Values
  • Language: en
  • Pages: 216

Shaping Constitutional Values

  • Categories: Law
  • Type: Book
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  • Published: 1996
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  • Publisher: Unknown

In the more than twenty years since Roe v. Wade, the executive and legislative branches of government have pursued a staggering number of initiatives relating to abortion. In this groundbreaking study, legal scholar Neal Devins shows how the Supreme Court, elected government, and private citizens together help to shape what the Constitution means. Central to his study is the question of how the Court and elected government influence each other. In addition to the abortion debate, Devins examines conflicts over federalism, race, religion, and separation of powers. These constitutional disputes, Devins contends, can be as constructive as they are inevitable. Without an ongoing dynamic that allows each side to win some of the time, Devins concludes, the Constitution would be less enduring.

Independent Agencies in the United States
  • Language: en
  • Pages: 578

Independent Agencies in the United States

  • Categories: Law

It is essential for anyone involved in law, politics, and government to comprehend the workings of the federal independent regulatory agencies of the United States. Occasionally referred to as the "headless fourth branch of government," these agencies do not fit neatly within any of the three constitutional branches. Their members are appointed for terms that typically exceed those of the President, and cannot be removed from office in the absence of some sort of malfeasance or misconduct. They wield enormous power over the private sector. Independent Agencies in the United States provides a full-length study of the structure and workings of federal independent regulatory agencies in the US,...

The Constitution in Wartime
  • Language: en
  • Pages: 273

The Constitution in Wartime

  • Categories: Law

Most recent discussion of the United States Constitution and war—both the war on terrorism and the war in Iraq—has been dominated by two diametrically opposed views: the alarmism of those who see many current policies as portending gross restrictions on American civil liberties, and the complacency of those who see these same policies as entirely reasonable accommodations to the new realities of national security. Whatever their contributions to the public discussion and policy-making processes, these voices contribute little to an understanding of the real constitutional issues raised by war. Providing the historical and legal context needed to assess competing claims, The Constitution ...

Government Lawyering
  • Language: en
  • Pages: 436

Government Lawyering

  • Type: Book
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  • Published: 1998
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  • Publisher: Unknown

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The Democratic Constitution
  • Language: en
  • Pages: 369

The Democratic Constitution

  • Categories: Law

Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.

A Year at the Supreme Court
  • Language: en
  • Pages: 257

A Year at the Supreme Court

  • Categories: Law

The United States Supreme Court’s 2002–03 term confounded Court watchers. The same Rehnquist Court that many had seen as solidly conservative and unduly activist—the Court that helped decide the 2000 presidential election and struck down thirty-one federal statutes since 1995—issued a set of surprising, watershed rulings. In a term filled with important and unpredictable decisions, it upheld affirmative action, invalidated a same-sex sodomy statute, and reversed a death sentence due to ineffective assistance of counsel. With essays focused on individual Justices, Court practices, and some of last year’s most important rulings, this volume explores the meaning and significance of th...

Defending Congress and the Constitution
  • Language: en
  • Pages: 376

Defending Congress and the Constitution

The culmination of four decades of research and service on behalf of Congress, Louis Fisher's latest work is a fitting capstone to a remarkable career as scholar and writer and presents his most articulate, passionate, and persuasive defense yet of Congress as an institution. Our nation's leading authority on the separation of powers, Fisher offers a lucid primer on our nation's government and its executive, legislative, and judicial branches while vigorously advocating a robust reassertion of Congress's rightful role within that system. Drawing on a wide range of legislation, Supreme Court rulings, and presidential decisions, Fisher illuminates the contentious contest among the three major ...

The Democratic Constitution, 2nd Edition
  • Language: en
  • Pages: 352

The Democratic Constitution, 2nd Edition

Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.