tradition and morality in constitutional law the francis boyer lectures on public policy

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Tradition And Morality In Constitutional Law

Author : Robert H. Bork
ISBN : UOM:39015012279546
Genre : Constitutional Law
File Size : 89. 47 MB
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Justice Antonin Scalia And The Conservative Revival

Author : Richard A. Brisbin
ISBN : 0801860946
Genre : Law
File Size : 31. 92 MB
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As the leading legal voice of the American conservative movement, Supreme Court Justice Antonin Scalia has challenged the assumptions and legal methodology of American liberals. In this thorough and exacting study of the development of Justice Scalia's legal principles, Richard Brisbin explores the foundation and elaboration of the justice's conservative political vision. After reviewing Scalia's legal experiences before joining the Supreme Court and describing the influences on his political and legal thought, Brisbin undertakes a detailed analysis of Scalia's Supreme Court voting record and opinions. The conservative philosophy emerging from Scalia's legal decisions, Brisbin argues, assumes the legitimacy and propriety of political regimes functioning under the rule of law. It disciplines—sometimes harshly—inappropriate uses of liberty and accepts the proposition that the law can serve as an effective means to structure, interpret, and control political conflicts. The most comprehensive study of Justice Scalia's politics and jurisprudence yet published, Justice Antonin Scalia and the Conservative Revival joins a vital discussion on contemporary American conservatism and the use of the law to restrain or undermine the New Deal state.

An American Vision

Author : Edward H. Crane
ISBN : 0932790739
Genre : United States
File Size : 86. 92 MB
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Freedom S Law

Author : Ronald Dworkin
ISBN : 0674319281
Genre : History
File Size : 45. 94 MB
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Ronald Dworkin argues that Americans have been systematically misled about what their Constitution is and how judges interpret it. In spirited and illuminating discussions of both recent constitutional cases and general constitutional principles, he argues that a distinctly American version of government based on the "moral" reading of the Constitution is in fact the best account of what democracy really is.

The Tempting Of America

Author : Robert H. Bork
ISBN : 1439188866
Genre : Political Science
File Size : 47. 84 MB
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Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law. In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the “original understanding” of the Framers and the people for whom it was written. Widely hailed as the most important critique of the nation’s intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork’s chillingly emblematic experiences during the Senate Judiciary Committee’s hearing on his Supreme Court nomination.

The Normative Constitution

Author : Richard Kent Sherlock
ISBN : 0847680495
Genre : Law
File Size : 45. 34 MB
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In what sense is the U.S. Constitution binding on contemporary and future generations of Americans? This question was at stake in the fights over the nominations of Robert Bork and Clarence Thomas to the Supreme Court and in the extensive debate over 'original intent' carried on by Attorney General Edwin Meese and Chief Justice William Rehnquist, among others. This collection brings together ten leading philosophers, legal scholars, and political scientists representing a spectrum of opinions.

Morality And Conviction In American Politics

Author : Martin W. Slann
ISBN : UOM:39015017742795
Genre : Political ethics
File Size : 84. 87 MB
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Constitutional Policy And Change In Europe

Author : Joachim Jens Hesse
ISBN : UOM:39015034438500
Genre : Political Science
File Size : 31. 62 MB
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During recent years, constitutional issues have claimed increasing attention in many European countries. The social and political transformations in Central and Eastern Europe have thrust constitutional debates to the fore. This book looks at the needs and claims of constitutional adaptation and reconstruction in contemporary Europe. The different tasks facing Western, and East and Central Europe are considered in some detail. In Western Europe, constitutional debate has assumed greater prominence on account of closer economic and political integration within the European Community and internal changes within particular countries. In the East, far-reaching constitutional reconstruction has been an imperative, a task which has had to be tackled in the difficult and uncertain conditions of radical social and economic transformation. Finally, issues of political theory presented by the notion of liberal constitutionalism itself are also addressed and the book throws some light on the direction of future change. The purpose of the Nuffield European Studies series is to provide, for students and teachers in the social sciences and related disciplines, works of an interdisciplinary and comparative nature dealing with significant political, economic, legal, and social problems confronting European nation-states and the European Community. It comprises research monographs as well as the edited proceedings of conferences organized by the Centre for European Studies at Nuffield College, Oxford.

The Yale Law Journal

Author :
ISBN : UCAL:B3699442
Genre :
File Size : 81. 82 MB
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Michigan Law Review

Author :
ISBN : UOM:39015024461413
Genre : Law reviews
File Size : 35. 22 MB
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