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The Law of Democracy
The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, and the book employs a variety of methods - historical, comparative, theoretical, doctrinal - to explore foundational questions in the theory and practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.
Civil Rights Actions
This casebook provides the most complete treatment available of constitutional tort actions under 42 U.S.C. § 1983 and Bivens. The elaborate doctrines of official immunity are examined in detail, as is the possibility of direct governmental liability under Monell v. Dept. of Social Services. The third edition also explores the relation of § 1983 to the Eleventh Amendment and the all-important topic of attorney's fees. Finally, it provides generous introductory treatment of modern civil rights actions under Titles VII and IX and of the evolution and scope of structural reform litigation.
Keeping Faith with the Constitution
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"...
Constitutional Law
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The First Amendment
The casebook you asked for is here! Instructors nationwide have requested a First Amendment off-shoot from the best-selling Constitutional Law casebook by authors Stone, Seidman, Sunstein, and Tushnet. Now, Aspen is proud to meet that request with this current, concise, and focused volume designed expressly for a separate course or seminar dedicated to the First Amendment. Developed fromtheir chapters on Freedom of Expression and the Constitution and Religion, the authors focus 75 percent of the book on freedom of religion. The authors' annual supplement to their Constitutional Law casebook will now include any new developments or revisions to the First Amendment to keep this new text completely up-to-date.
Race, Incarceration, and American Values
Why stigmatizing and confining a large segment of our population should be unacceptable to all Americans. The United States, home to five percent of the world's population, now houses twenty-five percent of the world's prison inmates. Our incarceration rate—at 714 per 100,000 residents and rising—is almost forty percent greater than our nearest competitors (the Bahamas, Belarus, and Russia). More pointedly, it is 6.2 times the Canadian rate and 12.3 times the rate in Japan. Economist Glenn Loury argues that this extraordinary mass incarceration is not a response to rising crime rates or a proud success of social policy. Instead, it is the product of a generation-old collective decision t...
In Praise of Litigation
In Praise of Litigation explains how civil society gains from litigation and why it is ultimately a social good.
The Best Candidate
Leading scholars examine the law governing the American presidential nomination process and offer practical ideas for reform.
Reflecting All of Us
A lively dialogue on the power of electoral reform to strengthen our democratic institutions Scholars, critics, reformers, politicians, and activists have for years asked why Americans are so uninvolved in the political process. Minority underrepresentation, the marginalization of progressive voices, the exclusion of the poor-these and other serious problems appear everywhere, from the pages of national newspapers to MTV. Robert Richie and Steven Hill offer a powerful solution, one currently in practice in many parts of the world, including places in the U.S.: proportional representation. They demonstrate that unlike the winner-takes-all system, which always leaves the losers completely unre...
Is Marriage for White People?
A distinguished Stanford law professor examines the steep decline in marriage rates among the African American middle class, and offers a paradoxical-nearly incendiary-solution. Black women are three times as likely as white women to never marry. That sobering statistic reflects a broader reality: African Americans are the most unmarried people in our nation, and contrary to public perception the racial gap in marriage is not confined to women or the poor. Black men, particularly the most successful and affluent, are less likely to marry than their white counterparts. College educated black women are twice as likely as their white peers never to marry. Is Marriage for White People? is the fi...
