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Topics such as military tribunals, same-sex marriage, informative
privacy, reproductive rights, affirmative action, and states'
rights fill the landscape of contemporary legal debate and media
discussion, and they all fall under the umbrella of the Due Process
Clauses of the United States Constitution. However, what is not
always fully understood is the constitutional basis of these
rights, or the exact list of due process rights as they have
evolved over time through judicial interpretation. In The Arc of
Due Process in American Constitutional Law, Sullivan and Massaro
describe the intricate history of what are currently considered due
process rights, and maintain that modern constitutional theory and
practice must adhere to it. The authors focus on the origins and
contemporary uses of due process principles in American
constitutional law, while offering an overarching description of
the factors or normative concepts that allow courts to invalidate a
government action on the grounds of due process. They also analyze
judicial interpretations and expressions as a key manner and
perhaps the most powerful source of how due process has taken form
in the United States. In the process of charting this arc, the
authors describe the judicial analysis of rights within each
category applying an illustrative list, and identify several
fundamental norms that span these disparate threads of due process
and the most salient principles that animate due process doctrine.
Why do we protect free speech? What values does it serve? How has
the Supreme Court interpreted the First Amendment? What has the
Court gotten right and wrong? Why are current debates over free
expression often so divisive? How can we do better? In this
succinct but comprehensive and scholarly book, authors Len Niehoff
and Thomas Sullivan tackle these pressing questions. Free Speech:
From Core Values to Current Debates traces the development and
evolution of the free speech doctrine in the Supreme Court and
explores how the Court - with varying levels of success - has
applied that doctrinal framework to "hard cases" and current
controversies, such as those involving hate speech, speech on the
internet, speech on campus, and campaign finance regulation. This
is the perfect volume for anyone - student, general reader, or
scholar - looking for an accessible overview of this critical
topic.
Why do we protect free speech? What values does it serve? How has
the Supreme Court interpreted the First Amendment? What has the
Court gotten right and wrong? Why are current debates over free
expression often so divisive? How can we do better? In this
succinct but comprehensive and scholarly book, authors Len Niehoff
and Thomas Sullivan tackle these pressing questions. Free Speech:
From Core Values to Current Debates traces the development and
evolution of the free speech doctrine in the Supreme Court and
explores how the Court - with varying levels of success - has
applied that doctrinal framework to "hard cases" and current
controversies, such as those involving hate speech, speech on the
internet, speech on campus, and campaign finance regulation. This
is the perfect volume for anyone - student, general reader, or
scholar - looking for an accessible overview of this critical
topic.
From the ancient origins of Just War doctrine to utilitarian and
retributive theories of punishment, concepts of proportionality
have long been an instrumental part of the rule of law and an
essential check on government power. These concepts all embody the
fundamental value that government and private actions should not be
demonstrably excessive relative to their moral and practical
justifications. In the American legal system, despite frequent
though unacknowledged use of proportionality principles, there is
no general theory of what permits courts to invalidate intrusive
measures.
In Proportionality Principles in American Law, two renowned legal
scholars seek to advance such a theory. They argue that standards
of review should be more clearly and precisely defined, and that in
most circumstances every intrusive government measure which limits
or threatens individual rights should undergo some degree of
proportionality review. Across a wide range of legal contexts, E.
Thomas Sullivan and Richard S. Frase identify three basic ways that
government measures and private remedies have been found to be
disproportionate: relative to fault; relative to alternative means
of achieving the same practical purposes; and relative to the
likely practical benefits of the measure or remedy. Using this
structure, the book examines the origins and contemporary uses of
proportionality principles in public law, civil liberties, and the
criminal justice system, emphasizing the utility of proportionality
principles to guide judicial review of excessive government
measures.
By constructing a new framework and a general theory for
constitutional judicial review, Proportionality Principles in
American Law will help courts more consistently and effectively
apply proportionality principles to better serve their vital roles
as guardians of individual rights and liberties.
The Handbook takes as its subject the complex phenomenon of
Christian monasticism. It addresses, for the first time in one
volume, the multiple strands of Christian monastic practice.
Forty-four essays consider historical and thematic aspects of the
Catholic, Eastern Orthodox, Oriental Orthodox, Protestant, and
Anglican traditions, as well as contemporary 'new monasticism'. The
essays in the book span a period of nearly two thousand years-from
late ancient times, through the medieval and early modern eras, on
to the present day. Taken together, they offer, not a narrative
survey, but rather a map of the vast terrain. The intention of the
Handbook is to provide a balance of some essential historical
coverage with a representative sample of current thinking on
monasticism. It presents the work of both academic and monastic
authors, and the essays are best understood as a series of
loosely-linked episodes, forming a long chain of enquiry, and
allowing for various points of view. The authors are a diverse and
international group, who bring a wide range of critical
perspectives to bear on pertinent themes and issues. They indicate
developing trends in their areas of specialisation. The individual
contributions, and the volume as a whole, set out an agenda for the
future direction of monastic studies. In today's world, where there
is increasing interest in all world monasticisms, where scholars
are adopting more capacious, global approaches to their
investigations, and where monks and nuns are casting a fresh eye on
their ancient traditions, this publication is especially timely.
This book examines the legislative history and the political
economy of the Sherman Antitrust Act--the main federal statute that
regulates economic activity in the United States. Tracing the
evolution of the antitrust movement in the United States since
1890, this collection of essays examines the role of government in
regulating markets, and the balance it and its critics seek between
the goal of limited government and the protection of free, open and
competitive markets, With markets today being more international in
nature and the world economy being globalized, Americans need to
rethink how laws have defined markets and the implications for
international transactions. Given the recent changes in Europe,
this book has a significant contribution to make to the
intellectual understanding of antitrust laws impact on American
business here and abroad, on the European Economic Community (EEC)
as it creates a single market by 1992, and on Eastern Europe as it
moves to a market economy.
Maybe it's the heritage, but Uncle Thomas Sullivan and niece
Catherine Astolfo have always had a penchant for telling stories.
Like their Southern Irish ancestors, their tales reflect both the
light and dark of this world. Some of them will leave you laughing,
while others will make you cry. All of them are a small slice of
reality, exploring the human condition in its many permutations.
Catherine Astolfo is the author of The Emily Taylor Mystery novel
series and Sweet Karoline, a standalone, all published by Imajin
Books. In 2012, she won the Arthur Ellis Award for Best Short Crime
Story in Canada. "What Kelly Did," first published by NorthWord
Literary magazine, is included in this collection.
www.catherineastolfo.com Tom Sullivan was born in Brampton.
Beginning in the 1950's, he taught school for three decades. Tom
has travelled extensively in every continent with the exception of
Antarctica. Upon retirement he operated a successful real estate
company with his late sister, Maureen Asquith. Now fully retired,
he lives in Willowdale with his wife Joan.
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