History

The Supreme Court and the American Elite, 1789-2008

Author: Lucas A. Powe, Jr.

Publisher: Harvard University Press

ISBN: 0674054423

Category: History

Page: 432

View: 8726

In this engaging - and disturbing - book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.
Law

The Warren Court and American Politics

Author: L. A. Scot Powe

Publisher: Belknap Press

ISBN: N.A

Category: Law

Page: 566

View: 6165

In learned and lively narrative, Powe discusses over 200 significant rulings of the Supreme Court under Chief Justice Earl Warren, especially the explosive "Brown" decision, which fundamentally challenged the Southern way of life. 13 halftones.
Law

A Court Divided

The Rehnquist Court and the Future of Constitutional Law

Author: Mark V. Tushnet

Publisher: W. W. Norton & Company

ISBN: 9780393058680

Category: Law

Page: 384

View: 6998

In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.
Law

In the Balance: Law and Politics on the Roberts Court

Author: Mark Tushnet

Publisher: W. W. Norton & Company

ISBN: 0393073440

Category: Law

Page: 324

View: 8961

Examines the initial years of the Roberts Court, covering the legal philosophies that have informed decisions on such major cases as the Affordable Care Act, the political structures behind appointments, and the struggle for dominance of the Court.
Law

The American Supreme Court

Fifth Edition

Author: Robert G. McCloskey

Publisher: University of Chicago Press

ISBN: 0226556832

Category: Law

Page: 368

View: 4206

Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.

Media Law: a Very Short Introduction

Author: Lucas A. Powe Jr.,Anne Green Regents Chair in Law and Professor of Government Lucas A Powe Jr

Publisher: Oxford University Press, USA

ISBN: 9780190219727

Category:

Page: 160

View: 2895

Between 1964 and 1989, the US Supreme Court largely rewrote the constitutional law of the media. In doing so the Court protected virtually all materials from laws that penalized dissemination. But simultaneously the Court also approved some government policies that made access to information more difficult, causing Justice Potter Stewart to observe that the "Constitution is neither a Freedom of Information Act nor an Official Secrets Act." The media that existed during the twenty-five years of explosive legal change was relatively stable. Most Americans who wished to learn about news and public affairs received quite similar information. Over the last twenty-five years, and especially the last decade, cable, social media, and the internet combined to transform the media. The law that developed to deal with the old media is the law that now applies to the new media. Yet the underlying assumptions of that law, especially that citizens rationally consider various sides of a debate, may no longer hold. Media Law: A Very Short Introduction provides a description of the development and status of the law relating to all media -- newspapers, magazines, books, broadcasting, the Internet -- in the United States and the United Kingdom. It deals with criticism of government, taxation, defamation, privacy, libel, access to people, data, and places, obscenity, blasphemy, and the various issues created by the Internet.
Broadcasting

American Broadcasting and the First Amendment

Author: L. A. Scot Powe,Lucas A.Jr Powe

Publisher: Univ of California Press

ISBN: 9780520059184

Category: Broadcasting

Page: 295

View: 2116

Argues that broadcasting should be accorded the same first amendment rights as the print media, shows how regulation has led to abuse, and suggests a different approach for the future
Political Science

The Evangelical Origins of the Living Constitution

Author: John W. Compton

Publisher: Harvard University Press

ISBN: 067441988X

Category: Political Science

Page: 272

View: 1226

John Compton shows how evangelicals, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Their early-1800s crusade to destroy property that made immorality possible challenged founding-era legal protections of slavery, lotteries, and liquor sales and opened the door to progressivism.
Law

University of Chicago Law Review: Volume 79, Number 2 - Spring 2012

Author: University of Chicago Law Review

Publisher: Quid Pro Books

ISBN: 1610279212

Category: Law

Page: 386

View: 4706

A leading law review offers a quality eBook edition. This second issue of 2012 features articles and essays from internationally recognized legal scholars. Authors include Eric Biber, writing on variations in scientific disciplines, experts, and environmental law; Frederic Bloom and Christopher Serkin, on suing courts and takings of property; Myriam Gilles and Gary Friedman, on aggregating consumer litigation after the AT&T Mobility decision on class actions; and David Skeel, Jr., on the possibility of bankruptcy for several U.S. states. In addition, the issue includes book review essays by Aziz Huq, concerning the power and limits of the executive branch; and by Laura Nirider, Joshua Tepfer, and Steven Drizin, on convicting the innocent and false confessions. Finally, an extensive student contribution explores antitrust law, state immunity from suit, and state licensing boards. In the eBook edition, Tables of Contents are active, including those for individual articles; footnotes are fully linked and properly numbered; graphs and figures are reproduced legibly; URLs in footnotes are active; and proper eBook formatting is used.
Law

Framed

America's 51 Constitutions and the Crisis of Governance

Author: Sanford Levinson

Publisher: Oxford University Press

ISBN: 0199930872

Category: Law

Page: 448

View: 8967

In his widely acclaimed volume Our Undemocratic Constitution, Sanford Levinson boldly argued that our Constitution should not be treated with "sanctimonious reverence," but as a badly flawed document deserving revision. Now Levinson takes us deeper, asking what were the original assumptions underlying our institutions, and whether we accept those assumptions 225 years later. In Framed, Levinson challenges our belief that the most important features of our constitutions concern what rights they protect. Instead, he focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the President by the electoral college, or the dimensions of the President's veto power--not to mention the near impossibility of amending the United States Constitution. These seemingly "settled" and "hardwired" structures contribute to the now almost universally recognized "dysfunctionality" of American politics. Levinson argues that we should stop treating the United States Constitution as uniquely exemplifying the American constitutional tradition. We should be aware of the 50 state constitutions, often interestingly different--and perhaps better--than the national model. Many states have updated their constitutions by frequent amendment or by complete replacement via state constitutional conventions. California's ungovernable condition has prompted serious calls for a constitutional convention. This constant churn indicates that basic law often reaches the point where it fails and becomes obsolete. Given the experience of so many states, he writes, surely it is reasonable to believe that the U.S. Constitution merits its own updating. Whether we are concerned about making America more genuinely democratic or only about creating a system of government that can more effectively respond to contemporary challenges, we must confront the ways our constitutions, especially the United States Constitution, must be changed in fundamental ways.
Law

American Constitutionalism

Structures of Government

Author: Howard Gillman,Mark Graber,Keith Whittington

Publisher: Oxford University Press, USA

ISBN: 9780190299484

Category: Law

Page: 928

View: 3434

In American Constitutionalism, Second Edition, renowned authors Howard Gillman, Mark A. Graber, and Keith E. Whittington offer an innovative approach to the two-semester Constitutional Law sequence (Volume 1 covers Institutions and Volume II covers Rights and Liberties) that presents the material in a historical organization within each volume, as opposed to the typical issues-based organization. Looking at Supreme Court decisions historically provides an opportunity for instructors to teach--and students to reflect on--the political factions and climate of the day. The second edition has been streamlined and also features updated cases, analysis, illustrations, and figures. FEATURES Covers all important debates in U.S. constitutionalism, organized by historical era Clearly lays out the political and legal contexts in chapter introductions Integrates more documents and cases than any other text on the market, including decisions made by elected officials and state courts Offers numerous pedagogical features, including topical sections within each historical chapter, bulleted lists of major developments, explanatory headnotes for the readings, questions on court cases, illustrations and political cartoons, tables, and suggested readings Additional material previously available in the first edition is now located on the book's free, open-access Companion Website at www.oup.com/us/gillman
Law

American Constitutionalism

Structures of Government

Author: Howard Gillman,Mark Graber,Keith E. Whittington

Publisher: Oxford University Press, USA

ISBN: 9780190299477

Category: Law

Page: 800

View: 9592

In American Constitutionalism, Second Edition, renowned authors Howard Gillman, Mark A. Graber, and Keith E. Whittington offer an innovative approach to the two-semester Constitutional Law sequence (Volume 1 covers Institutions and Volume II covers Rights and Liberties) that presents the material in a historical organization within each volume, as opposed to the typical issues-based organization. Looking at Supreme Court decisions historically provides an opportunity for instructors to teach--and students to reflect on--the political factions and climate of the day. The second edition has been streamlined and also features updated cases, analysis, illustrations, and figures. FEATURES Covers all important debates in U.S. constitutionalism, organized by historical era Clearly lays out the political and legal contexts in chapter introductions Integrates more documents and cases than any other text on the market, including decisions made by elected officials and state courts Offers numerous pedagogical features, including topical sections within each historical chapter, bulleted lists of major developments, explanatory headnotes for the readings, questions on court cases, illustrations and political cartoons, tables, and suggested readings Additional material previously available in the first edition is now located on the book's free, open-access Companion Website at www.oup.com/us/gillman
History

The Fourth Estate and the Constitution

Freedom of the Press in America

Author: Lucas A. Powe Jr.

Publisher: Univ of California Press

ISBN: 9780520913165

Category: History

Page: 372

View: 1804

In 1964 the Supreme Court handed down a landmark decision in New York Times v. Sullivan guaranteeing constitutional protection for caustic criticism of public officials, thus forging the modern law of freedom of the press. Since then, the Court has decided case after case affecting the rights and restrictions of the press, yet little has ben written about these developments as they pertain to the Fourth Estate. Lucas Powe's essential book now fills this gap. Lucas A. Powe, Jr., a legal scholar specializing in media and the law, goes back to the framing of the First Amendment and chronicles the two main traditions of interpreting freedom of the press to illuminate the issues that today ignite controversy: How can a balance be achieved among reputation, uninhibited discussion, and media power? Under what circumstance can the government seek to protect national security by enjoining the press rather than attempting the difficult task of convincing a jury that publication was a criminal offense? What rights can the press properly claim to protect confidential sources or to demand access to information otherwise barred to the public? And, as the media grow larger and larger, can the government attempt to limit their power by limiting their size? Writing for the concerned layperson and student of both journalism and jurisprudence, Powe synthesizes law, history, and theory to explain and justify full protection of the editorial choices of the press. The Fourth Estate and the Constitution not only captures the sweep of history of Supreme Court decisions on the press, but also provides a timely restatement of the traditional view of freedom of the press at a time when liberty is increasingly called into question.
Law

The Court and the World

American Law and the New Global Realities

Author: Stephen Breyer

Publisher: Vintage

ISBN: 1101912073

Category: Law

Page: 400

View: 7445

"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.
Law

The Will of the People

How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution

Author: Barry Friedman

Publisher: Farrar, Straus and Giroux

ISBN: 9780374532376

Category: Law

Page: 624

View: 3090

In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history’s most contested presidential elections. Yet for all their power, the justices never face election, and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices’ jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman’s pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist Court in 2005—details how the American people came to accept their most controversial institution and, in so doing, shaped the meaning of the Constitution.
History

Dominion of Memories

Jefferson, Madison & the Decline of Virginia

Author: Susan Dunn

Publisher: Basic Books

ISBN: 9780465003563

Category: History

Page: 320

View: 5732

During the Revolutionary Period, and in the early days of the Union, Virginia was the nation's most promising state. It produced a galaxy of America's most important founders and statesmen: Washington, Jefferson, Madison, Monroe, John Marshall, and many others. And yet, by the middle of the nineteenth century, Virginia had become little more than a byword for poverty, slavery, and economic stagnation. The decline was dramatic and startling. What happened? In Dominion of Memories, Susan Dunn chronicles the precipitous decline of America's most promising state. A gloriously written tale of the Founding Fathers and their beloved state, Dominion of Memories offers in microcosm the story of how a nation founded with great hope in the Age of Revolution found itself marching inexorably towards civil war half a century later.
True Crime

A Death in the Islands

The Unwritten Law and the Last Trial of Clarence Darrow

Author: Mike Farris

Publisher: Skyhorse Publishing, Inc.

ISBN: 1510712151

Category: True Crime

Page: 332

View: 2255

Lies, murder, and a legendary courtroom battle threaten to tear apart the Territory of Hawaii. In September of 1931, Thalia Massie, a young naval lieutenant’s wife, claims to have been raped by five Hawaiian men in Honolulu. Following a hung jury in the rape trial, Thalia’s mother, socialite Grace Fortescue, and husband, along with two sailors, kidnap one of the accused in an attempt to coerce a confession. When they are caught after killing him and trying to dump his body in the ocean, Mrs. Fortescue’s society friends raise enough money to hire seventy-four-year-old Clarence Darrow out of retirement to defend the vigilante killers. The result is an epic courtroom battle between Darrow and the Territory of Hawaii’s top prosecutor, John C. Kelley, in a case that threatens to touch off a race war in Hawaii and results in one of the greatest miscarriages of justice in American history. Written in the style of a novel, but meticulously following the historical record, A Death in the Islands weaves a story of lies, deception, mental illness, racism, revenge, and murder—a series of events in the Territory of Hawaii that nearly tore apart the peaceful islands, reverberating from the tenements of Honolulu to the hallowed halls of Congress, and right into the Oval Office itself, and left a stain on the legacy of one of the greatest legal minds of all time.
Law

Church, State, and Original Intent

Author: Donald L. Drakeman

Publisher: Cambridge University Press

ISBN: 0521119189

Category: Law

Page: 371

View: 4893

This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.
Biography & Autobiography

American Lion

Andrew Jackson in the White House

Author: Jon Meacham

Publisher: Random House Incorporated

ISBN: 0812973461

Category: Biography & Autobiography

Page: 483

View: 5567

Chronicles the life and career of Andrew Jackson, a self-made man who went on to become a military hero and seventh president of the United States, analyzing Jackson's seminal role during a turbulent era in history.
Technology & Engineering

Regulating Broadcast Programming

Author: Thomas G. Krattenmaker,Lucas A. Powe, Jr.

Publisher: American Enterprise Institute

ISBN: 9780844740577

Category: Technology & Engineering

Page: 369

View: 1813

The authors argue that TV regulation should be based on the same principles used for print media, for which control of editorial content lies in private hands rather than the government.