|
Showing 1 - 14 of
14 matches in All Departments
This supplement brings the principal text current with recent
developments in the law.
The Seventh Edition of this classic casebook includes numerous
revisions to enhance its teachability. The book's depth of coverage
and intellectual rigor remain unrivaled. In addition, each chapter
has been carefully revised with an eye to making the material more
accessible to students. A number of new introductory and
explanatory notes help to frame the key issues raised by the
materials. Moreover, the editors' judicious revision and trimming
of older material will permit assignments of manageable length,
without sacrificing the scholarly comprehensiveness that has always
been the Hart & Wechsler hallmark.
Winner of the Thomas M. Cooley Book Prize, Georgetown Center on the
Constitution Why do self-proclaimed constitutional
“originalists” so regularly reach decisions with a politically
conservative valence? Do “living constitutionalists” claim a
license to reach whatever results they prefer, without regard to
the Constitution’s language and history? In confronting these
questions, Richard H. Fallon reframes and ultimately transcends
familiar debates about constitutional law, constitutional theory,
and judicial legitimacy. Drawing from ideas in legal scholarship,
philosophy, and political science, Fallon presents a theory of
judicial legitimacy based on an ideal of good faith in
constitutional argumentation. Good faith demands that the Justices
base their decisions only on legal arguments that they genuinely
believe to be valid and are prepared to apply to similar future
cases. Originalists are correct about this much. But good faith
does not forbid the Justices to refine and adjust their
interpretive theories in response to the novel challenges that new
cases present. Fallon argues that theories of constitutional
interpretation should be works in progress, not rigid formulas laid
down in advance of the unforeseeable challenges that life and
experience generate. Law and Legitimacy in the Supreme Court offers
theories of constitutional law and judicial legitimacy that accept
many tenets of legal realism but reject its corrosive cynicism.
Fallon’s account both illuminates current practice and prescribes
urgently needed responses to a legitimacy crisis in which the
Supreme Court is increasingly enmeshed.
In this revised and updated second edition of The Dynamic
Constitution, Richard H. Fallon, Jr provides an engaging,
sophisticated introduction to American constitutional law. Suitable
for lawyers and non-lawyers alike, this book discusses contemporary
constitutional doctrine involving such issues as freedom of speech,
freedom of religion, rights to privacy and sexual autonomy, the
death penalty, and the powers of Congress. Through examples of
Supreme Court cases and portraits of past and present Justices,
this book dramatizes the historical and cultural factors that have
shaped constitutional law. The Dynamic Constitution, 2nd edition,
combines detailed explication of current doctrine with insightful
analysis of the political culture and theoretical debates in which
constitutional practice is situated. Professor Fallon uses insights
from political science to explain some aspects of constitutional
evolution and emphasizes features of the judicial process that
distinguish constitutional law from ordinary politics.
This supplement brings the principal text current with recent
developments in the law.
This supplement brings the principal text current with recent
developments in the law.
CasebookPlus Softbound - New, softbound print book includes
lifetime digital access to an eBook, with the ability to highlight
and take notes, and 12-month access to a digital Learning Library
that includes self-assessment quizzes tied to this book, leading
study aids, an outline starter, and Gilbert Law Dictionary.
This supplement brings the principal text current with recent
developments in the law.
This long-popular casebook has two main distinguishing attributes.
First, because students benefit from sustained engagement with
Supreme Court opinions, pivotal cases are edited less substantially
than in many other books. Second, because Constitutional Law is an
argumentative practice situated in ongoing debates, this edition
follows its predecessors in exposing students to diverse
perspectives in the Notes and Questions that follow most principal
cases. Instructors will especially like the illuminating and
provocative extracts from the literature that accompany important
new cases. In preparing the new edition, the editors have made
judicious cuts to enable the addition of new material and have
thoroughly revised several chapters to reflect developments in the
case law.
This long-popular casebook has two main distinguishing attributes.
First, because students benefit from sustained engagement with
Supreme Court opinions, pivotal cases are edited less substantially
than in many other books. Second, because Constitutional Law is an
argumentative practice situated in ongoing debates, this edition
follows its predecessors in exposing students to diverse
perspectives in the Notes and Questions that follow most principal
cases. Instructors will especially like the illuminating and
provocative extracts from the literature that accompany important
new cases. In preparing the new edition, the editors have made
judicious cuts to enable the addition of new material and have
thoroughly revised several chapters to reflect developments in the
case law. CasebookPlus Hardbound - New, hardbound print book
includes lifetime digital access to an eBook, with the ability to
highlight and take notes, and 12-month access to a digital Learning
Library that includes self-assessment quizzes tied to this book,
leading study aids, an outline starter, and Gilbert Law Dictionary.
What does it mean to have a constitutional right in an era in which
most rights must yield to 'compelling governmental interests'?
After recounting the little-known history of the invention of the
compelling-interest formula during the 1960s, The Nature of
Constitutional Rights examines what must be true about
constitutional rights for them to be identified and enforced via
'strict scrutiny' and other, similar, judge-crafted tests. The
book's answers not only enrich philosophical understanding of the
concept of a 'right', but also produce important practical payoffs.
Its insights should affect how courts decide cases and how citizens
should think about the judicial role. Contributing to the
conversation between originalists and legal realists, Richard H.
Fallon, Jr explains what constitutional rights are, what courts
must do to identify them, and why the protections that they afford
are more limited than most people think.
In this revised and updated second edition of The Dynamic
Constitution, Richard H. Fallon, Jr provides an engaging,
sophisticated introduction to American constitutional law. Suitable
for lawyers and non-lawyers alike, this book discusses contemporary
constitutional doctrine involving such issues as freedom of speech,
freedom of religion, rights to privacy and sexual autonomy, the
death penalty, and the powers of Congress. Through examples of
Supreme Court cases and portraits of past and present Justices,
this book dramatizes the historical and cultural factors that have
shaped constitutional law. The Dynamic Constitution, 2nd edition,
combines detailed explication of current doctrine with insightful
analysis of the political culture and theoretical debates in which
constitutional practice is situated. Professor Fallon uses insights
from political science to explain some aspects of constitutional
evolution and emphasizes features of the judicial process that
distinguish constitutional law from ordinary politics.
What does it mean to have a constitutional right in an era in which
most rights must yield to 'compelling governmental interests'?
After recounting the little-known history of the invention of the
compelling-interest formula during the 1960s, The Nature of
Constitutional Rights examines what must be true about
constitutional rights for them to be identified and enforced via
'strict scrutiny' and other, similar, judge-crafted tests. The
book's answers not only enrich philosophical understanding of the
concept of a 'right', but also produce important practical payoffs.
Its insights should affect how courts decide cases and how citizens
should think about the judicial role. Contributing to the
conversation between originalists and legal realists, Richard H.
Fallon, Jr explains what constitutional rights are, what courts
must do to identify them, and why the protections that they afford
are more limited than most people think.
|
|