The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the Constitution. Each opinion arises from a rich historical context and involves constitutional issues of pointed significance. Vivid descriptions of some of the colorful personalities behind the opinions add appeal. Lively conveys the evolutionary and dynamic nature of the law demonstrating the relationship between present and past understanding of the Constitution. He describes the competitive nature of constitutional development and identifies the relevance of factors including subjective preference, values, vying theories, and ideologies.

The role of the Court, is addressed as are the federal government's relationship to the states and their citizens; slavery; property rights; substantive due process; freedom of speech; and the right to be left alone. This is a clearly presented and highly instructive consideration of how the Constitution's interpretation has been fashioned over time with important insights relevant to today's Court and contemporary cases.

He Was A Good Marine So Why Was He Discharged for Misconduct? Author Michael Short tells the Story of A Marine who Endured Torture as a POW during the Vietnam War and the Pain of Being Discharged for Misconduct Years Later Paw Paw, WV - (Release Date TBD) - How did it all end up the way it did? Albert proved to be a good Marine bearing the agony and torture as a Prisoner of War (POW), but why was he given a general discharge for misconduct? Author Michael Short tells the true, gripping, and harrowing events that happened in Fall from Grace, his new book released through Xlibris. Albert was a United States Marine. As a gunnery sergeant, Albert's moral compass had always been duty, honor, country. In 1968, he was in the TET Offensive in Hue City, Republic of South Vietnam. There were several NVA dead bodies lying near, and he was ready to fire his M-16 at any North Vietnamese soldiers running past him. But then, he felt the barrel of an AK-47 assault rifle touch the back of his head. Unadulterated fear rushed through him, and before he could look to see who had pointed the rifle at him, he felt a crushing blow to the side of his head. Consciousness left him. When he regained his senses, he had been captured by North Vietnamese soldiers. Torture began as the enemy attempted to force information from him. His cellmate was Lance Corporal Mack, who also received the same brutal physical torment. Through it all, they never gave information to their torturer. They suffered much - almost to the point of death. He was afflicted but never lost hope. He lived by the Marine Code - the Core Values. But after days of being a tortured POW, he escaped, returned to the states to learn that he had been listed as MIA. He would spend more than eighteen years as a Marine, and his "fall from grace" would be unexpected, traumatic, and extremely difficult to bear. Readers will find out what really happened as they leaf through the pages of Fall from Grace. For more information on this book, log on to www.Xlibris.com.

Thomas Curry argues that discussion and interpretation of the First Amendment have reached a point of deep crisis. Historical scholarship dealing with the background and interpretation of the Amendment are at an impasse, says Curry, and judicial interpretation is in a state of disarray. His purpose is to provide a new paradigm for the understanding and exploration of religious liberty. He traces much of the current difficulty to the largely unexamined assumption on the part of judges and scholars that the Amendment created a right - the right to free exercise of religion - and that the courts are the guardians of that right. In fact, however, the First Amendment is above all a limitation on government and a guarantee that the government will not impinge on the religious liberty that citizens already possess by natural right.

This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.

Reprint of the rare 1843 edition. Tucker proposes a vigorous defense of states-rights principles in the manner of John Taylor of Caroline. A notably sophisticated argument, it balances detailed analysis of the U.S. Constitution with criticism of Joseph Story, Daniel Webster and other proponents of a powerful Federal government. Henry St. George Tucker 1780-1848] served as U.S. Congressman representing Virginia's 3rd District in the United States House of Representatives from 1815 to 1819. He studied under his father, St. George Tucker (editor of the American edition of Blackstone's Commentaries), at the College of William & Mary, and after he received his law degree, taught there himself. He was later was captain of Cavalry in the War of 1812, President of Virginia's Supreme Court of Appeals, (1831-1841) and, later in life, a prominent Professor of Law at the University of Virginia. He founded the Honor System there. Works that grew out of the classroom include Commentaries on the Laws of Virginia (1836-1837) and the present work. Tucker County, West Virginia, is named in his honor.

This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Rio Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.

Peter Liddel offers a fresh approach to the old problem of the nature of individual liberty in ancient Athens. He draws extensively on oratorical and epigraphical evidence from the late fourth century BC to analyse the ways in which ideas about liberty were reconciled with ideas about obligation, and examines how this reconciliation was negotiated, performed, and presented in the Athenian law-courts, assembly, and through the inscriptional mode of publication. Using modern political theory as a springboard, Liddel argues that the ancient Athenians held liberty to consist of the substantial obligations (political, financial, and military) of citizenship.

Will treating the conduct of local governments the same as the conduct of private enterprises pose serious threats to government, industry, or the antitrust laws? Mark Lee argues that the nation will be better off as a result because efficient forms of economic organization, previouly prohibited by the judiciary, will be permitted to flower and antitrust's policy war with itself will be put to an end. Lee reviews the powerful implications of the Supreme Court rulings in City of Lafayette v. Louisiana Power and Light and Community Communications Co. v. City of Boulder and offers a comprehensive, up-to-date, and detailed analysis of cases involving allegations that a local government commited an antitrust offense. He introduces a unique system for classifying different practices, one based on microeconomic functions, that will permit practitioners to classify and analyze any practice that concerns them.

Most books about public power and the state deal with their subject from the point of view of legal theory, sociology or political science. This book, without claiming to deliver a comprehensive theory of law and state, aims to inform by offering a fresh reading of history and institutions, particularly as they have developed in continental Europe and European political and legal science. Drawing on a remarkably wide range of sources from both Western and Eastern Europe, the author suggests that only by knowing the history of the state, and state administration since the twelfth century, can we begin to comprehend the continuing importance of the state and public powers in modern Europe. In an era of globalization, when the importance of international law and institutions frequently lead to the claim that the state either no longer exists or no longer matters, the truth is in fact more complex. We now live in an era where the balance is shifting away from the struggle to build states based on democratic values, towards fundamental values existing above and beyond the borders of nations and states, under the watchful gaze of judges bound by the rule of law.

Originally published in 1814, this is a reprint of the Yale University Press 1950 edition with an introduction by Roy Franklin Nichols. 562 pp. Taylor wrote this important work in 1814 as a reply to John Adams's Defence of the Constitutions of Government of the United States of America. Unlike Adams, he rejects the concept of "a natural aristocracy" of "paper and patronage" and a federal government based on a system of debt and taxes. He considers the American government to be one of divided powers responsible to the sovereign people alone. Opposed to the extent of power awarded to the executive office, he calls for shorter terms for the president and all elected officers. Charles Beard said this work "deserves to rank among the two or three really historic contributions to political science which have been produced in the United States." JOHN TAYLOR 1753-1824] was known as "John Taylor of Caroline County, Virginia." He served in the Continental Army and later in the Virginia House of Delegates, then served three terms as a member of the United States Senate. He is considered to be one of the nation's greatest philosophers of agrarian liberalism. He was one of the nation's first proponents of states' rights. His works include New Views of the Constitution of the United States (1823), Construction Construed, and Constitutions Vindicated (1820) and A Defence of the Measures of the Administration of Thomas Jefferson. By Curtius (1804), an argument in favor of the achievements of the first Jefferson administration.

Legal uncertainty is particularly high in constitutional law, where the Supreme Court may overrule earlier decisions as not conforming to the Constitution. This critical study of constitutional decision-making in the Supreme Court emphasizes the failures of the justices to consider constitutional structure and the original meaning of language in context. Conant criticizes the Supreme Court's opinions supporting racial segregation and the perpetuation of a caste system until the final overruling in "Brown v. Board of Education"; the Court's antitrust exemption of professional baseball; and the recent finding that physical desecration of the flag is protected under freedom of speech.

This study challenges the view of the liberal scholars who argue that the Supreme Court must redefine the Constitution to keep up with the changing times, because this view gives approval for judicial usurpation of the amending power. It also rejects the view of conservative scholars, who contend that the Supreme Court must search for the intent of the framers of the Constitution, on the grounds that subjective intent is impossible to research. There was no verbatim reporter at the 1787 convention, and no such notes were available to the ratifying conventions in the states that rendered the proposed constitution into law in 1789. Following the methodology of Justice Holmes, Conant focuses this work on constitutional purposes and the meaning of language within its total social context at the time of its adoption.

Last and best edition of the first English law dictionary. Corrected and greatly enlarged, English and Law French in parallel columns. First published in 1527, this pioneering dictionary was originally written in Law French with the Latin title Expositiones Terminorum Legum Anglorumae. Quite popular with students and lawyers due to its clarity and concision, it went through at least twenty-nine editions, the last appearing in 1721(with reissues in 1742 and 1819). The 1721 edition was translated by his son, William Rastell, who is often listed as its author. "Rastell's Termes de la Ley is a book which, like St. Germain's Doctor and Student, reflects the common law at the close of the year-book period with much fidelity." --Thomas Atkins Street, The Foundation of Legal Liability III:79 John Rastell d.1536], an Oxford-educated printer and lawyer, was a Member of Parliament when the Protestant reformation was legalized. Around 1527, the time Les Termes de la Ley was first published, Rastell took part in the religious controversies of the time, defending the Roman doctrine of purgatory in his notable work, A New Boke of Purgatory. William Rastell 1508?-1565] was the eldest son of John Rastell. A printer, lawyer, judge and author, he published his great collection of statutes from the Magna Carta to the present in 1557. It was updated periodically, the final edition appearing in 1625. Rastell also compiled A Table Collected of the Yeres of our Lorde God and of the Yeres of the Kynges of Englande (1561). He edited many important works including Littleton's Tenures (1534) and Sir Anthony Fitzherbert's Natura Brevium.

The Executive in the Constitution: Structure, Autonomy, and Internal Control is the first constitutional and legal analysis of the inner workings of the executive for many years. It aims to provoke a reappraisal, by constitutional lawyers, of the place of the executive within the constitution, by exploring an area hitherto largely neglected in constitutional law: the legal foundations of the powers and structure of the executive, and the mechanisms through which the centre of the executive seeks to control the actions of departments. The authors, both pre-eminent in the field off constitutional law, show that the machinery of executive co-ordination and control is no less crucial a dimension of the constitutional order than the external machinery of democratic and legal control. These external parliamentary and judicial controls depend for their effectiveness on the executive's ability to control itself. The plural structure of the executive, however, makes the co-ordination and control of its component parts a highly problematical pursuit. Against the background of an analysis of the executive's legal structure, the book examines in detail the controls governing departmental access to staffing, financial, and legal resources, analysing the relationship between these internal controls and the external machinery of democratic and legal control, and showing how the machinery of internal control has been shaped by the structure of the executive branch. The organization of the executive and the way it controls the actions of its departments has changed significantly in recent year. This book explores the impact of the machinery if executive co-ordination and control of the ambitious public service reform project which has been pursued by successive governments over the last twenty years, as well as of changes in the wider constitutional framework, including those stemming from the United Kingdom's membership of the European Union and the growth of judicial review. It shows how public service reforms, judicial review, and European law are changing not just the inner life of the executive government but its place in the constitution as well.

This book is the first full-length work to present debates over the constitutional amending process as a perennial theme in American political thought. Beginning with a discussion of the views of political philosophers, publicists, and legal commentators who may have influenced the views of legal change held by the American Founding Fathers, the work proceeds to look at the historical influences on and discussions surrounding the amending process that was incorporated into Article V of the U.S. Constitution. The reader will gain a new respect for the way the amending process has served and still serves as a safety valve for constitutional change in the United States without permitting ill-considered or hastily conceived modifications. This work will be of interest to political scientists, historians, and students of American studies and legal history.

Just as the polls opened on November 5, 1872, Susan B. Anthony arrived and filled out her "ticket" for the various candidates. But before it could be placed in the ballot box, a poll watcher objected, claiming her action violated the laws of New York and the state constitution. Anthony vehemently protested that as a citizen of the United States and the state of New York she was entitled to vote under the Fourteenth Amendment. The poll watchers gave in and allowed Anthony to deposit her ballots. Anthony was arrested, charged with a federal crime, and tried in court. Primarily represented within document collections and broader accounts of the fight for woman suffrage, Anthony's controversial trial-as a landmark narrative in the annals of American law-remains a relatively neglected subject. N. E. H. Hull provides the first book-length engagement with the legal dimensions of that narrative and in the process illuminates the laws, politics, and personalities at the heart of the trial and its outcome. Hull summarises the woman suffrage movement in the post-Civil War era, reveals its betrayal by former allies in the abolitionist movement, and describes its fall into disarray. She then chronicles Anthony's vote, arrest, and preliminary hearings, as well as the legal and public relations manoeuvring in the run-up to the trial. She captures the drama created by Anthony, her attorneys, the politically ambitious prosecutor, and presiding judge-and Supreme Court justice-Ward Hunt, who argued emphatically against Anthony's interpretation of the Reconstruction Amendments as the source of her voting rights. She then tracks further relevant developments in the trial's aftermath-including Minor v. Happersett, another key case for the voting rights of women-and follows the major players through the eventual passage of the Nineteenth (or "Susan B. Anthony") Amendment. Hull's concise and readable guide reveals a story of courage and despair, of sisterhood and rivalry, of high purpose and low politics. It also underscores for all of us how Anthony's act of civil disobedience remains essential to our understanding of both constitutional and women's history-and why it all matters. This book is part of the Landmark Law Cases and American Society series.

This two-volume set is a collection of articles that elucidate the theory, practice, legal innovations, and codification experience of the Law of Personality Rights in China. The Law of Personality Rights was enacted in China in May 2020, the first time that a Law has been legislated as an independent part of the Civil Code of the People's Republic of China and an unprecedented step in protecting the personality rights of citizens. The first volume examines the legal and theoretical basis for the Law as a standalone part of the Civil Code as well as practical issues including institutional arrangements, the relationship between human rights and personality rights and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The second volume explains the design and innovations of the Law and proposes suggestions to refine it through evaluation of the attributes of personality rights and the draft laws. The volumes will be an essential reference for scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.

Decades of experience and expertise in one text, delivering an accessible and comprehensive grounding in Public Law for all law students and practitioners. Bradley, Ewing and Knight Constitutional and Administrative Law, 18th edition is the latest version of one of the UK's best-known textbooks in law, offering you unique expert analysis coming from a team of leading figures in the field. Well-known for its authority and reliability, the book has been widely recognised and cited by courts at almost every level in the United Kingdom, including the Supreme Court, as well as courts in other jurisdictions. This comprehensive text reflects the framework of contemporary constitutional and administrative or public law modules. It provides unrivalled detail and a range of knowledge in its field, by dividing the study into four parts: i) the core principles of the constitution, ii) the institutions of government, iii) civil liberties and human rights, and iv) judicial review and legal accountability of government. The organisation and structure of the textbook make it relevant for multiple modules, whether you are studying a general, Year 1 course or a more advanced course on Civil Liberties, Human Rights, and Administrative Law. This latest edition provides you with a detailed understanding of the key, essential cases that have influenced UK's constitution via a range of extended summaries, prompting individual reflection and group discussion in class. As it continues to evolve, reflecting the major changes in the field, this textbook is the definitive guide on all aspects of the constitution and an essential tool for the students who intend to practice the relevant fields in law. "A traditional textbook with a contemporary feel." Professor Stephen Bailey, University of Nottingham Pearson, the world's learning company.