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Twenty years ago, on the last day of session, the New York State Legislature created a publicly funded school district to cater to the interests of a religious sect called Kiryas Joel, an extremely insular group of Hasidic Jews. The sect had bought land in upstate New York, populated it solely with members of its faction, and created a village that exerted extraordinary political pressure over both political parties in the Legislature. Marking the...
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The prevailing characterization of the seventeenth century English Atlantic Empire as one in which commercial interests are pre-dominated seems to be myopic. Gradually legal and political considerations, as much as economic considerations, shaped imperial policies throughout this period, and formed the basis for the development of England's imperial constitution. Analyzing the expansion and evolution of the Empire on the basis of law reveals why the...
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El texto tiene naturaleza divulgativa. Diversas áreas del Derecho de forma general se ven desarrolladas en su texto. En el Derecho precolombino puede verse indicios de un sistema normativo y un conglomerado de sanciones, en el Derecho colonial se puede ver también aspectos generales de su sistema de justicia, en el Derecho republicano puede verse desarrollado momentos importantes de nuestra legislación. En suma, por su carácter divulgativo no...
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The controversy surrounding the presidential election in 2000 raised many issues regarding the behavior of some of the United States Supreme Court Justices. The Court's decision in the case of Bush v. Gore effectively stopped a recount of votes in Florida. Many critics felt this decision was politically motivated. If so, what did this say about the ability of the members of the Court to remain non-partisan? And, can justices be removed from office...
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Addressed to the common reader as well as specialists in law, this book ties the already recognized framework for constitutional construction, that of political theory, together with human psychology.
It presents a model that systemizes the forces that act upon us, both individually and en masse; it explains why some will embrace a system of principled law while others will prefer a system of arbitrary law; and it explores the qualitative difference...
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Now a major motion picture starring Rachel Weisz, Timothy Spall and Tom Wilkinson.
“A compelling book: memoir and courtroom drama, a work of historical and legal import. ” — Jewish Week
Deborah Lipstadt, author of the groundbreaking Denying the Holocaust, chronicles her six-year legal battle with controversial British World War II historian David Irving that culminated in a sensational 2000 trial
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Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while...
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The Credentialed Court starts by establishing just how different today's Justices are from their predecessors. The book combines two massive empirical studies of every Justice's background from John Jay to Amy Coney Barrett with short, readable bios of past greats to demonstrate that today's Justices arrive on the Court with much narrower experiences than they once did. Today's Justices have spent more time in elite academic settings (both as students...
10) The Supreme Court and Religion in American Life, Volume 2: From "Higher Law" to "Sectarian Scruples"
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James Hitchcock is Professor of History at St. Louis University. He is the author of six books, including Catholicism and Modernity.
School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country...
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James Hitchcock is Professor of History at St. Louis University. He is the author of six books, including Catholicism and Modernity.
School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country...
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In an auditorium in Belcourt, North Dakota, on a chilly October day in 1932, Robert Bruce and his fellow tribal citizens held the political fate of the Turtle Mountain Band of Chippewa Indians in their hands. Bruce, and the others, had been asked to adopt a tribal constitution, but he was unhappy with the document, as it limited tribal governmental authority. However, white authorities told the tribal nation that the proposed constitution was a necessary...
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The Clamor of Lawyers explores a series of extended public pronouncements that British North American colonial lawyers crafted between 1761 and 1776. Most, though not all, were composed outside of the courtroom and detached from on-going litigation. While they have been studied as political theory, these writings and speeches are rarely viewed as the work of active lawyers, despite the fact that key protagonists in the story of American independence...
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More than any other people on earth, Americans are free to say and write what they think. The media can air the secrets of the White House, the boardroom, or the bedroom with little fear of punishment or penalty. The reason for this extraordinary freedom is not a superior culture of tolerance, but just fourteen words in our most fundamental legal document: the free expression clauses of the First Amendment to the Constitution. In Lewis's telling,...
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Recounting controversial First Amendment cases from the Red Scare era to Citizens United, William Bennett Turner-a Berkeley law professor who has argued three cases before the Supreme Court-shows how we've arrived at our contemporary understanding of free speech. His strange cast of heroes and villains, some drawn from cases he has litigated, includes Communists, Jehovah's Witnesses, Ku Klux Klansmen, the world's leading pornographer, prison wardens,...
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How does protest become criminalised? Applying an anthropological perspective to political and legal conflicts, Carolijn Terwindt urges us to critically question the underlying interests and logic of prosecuting protesters.
The book draws upon ethnographic research in Chile, Spain, and the United States to trace prosecutorial narratives in three protracted contentious episodes in liberal democracies. Terwindt examines the conflict between Chilean...
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This is the only modern comprehensive constitutional history of any state, and as a history of Virgina, it is one of the oldest and most complex. Virginia's state legislature is the Virginia General Assembly, which was established in July 1619, making it the oldest current lawmaking body in North America. Brent Tarter's Constitutional History of Virginia covers over three hundred years of Virginia's legislative policy, from colony to statehood, revealing...
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"From Illinois to Alabama, and from Florida to Utah, our laws and legal debates arise from distinctive local settings within our vast and varied nation. As the renowned scholar Akhil Amar explains, Abraham Lincoln's argument against the legality of succession can be traced to his Midwestern upbringing, just as a close look at the Florida legislature and state Supreme Court reveals the fundamental wrongness of the Bush v. Gore decision. Amar profiles...
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"Timothy Sandefur's insightful new book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community-rather than the primacy of liberty, as expressed in the Declaration of Independence-has helped expand the scope of government power at the expense of individual rights. Now,...
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