Rethinking Constitutional Law
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Rethinking Constitutional Law
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Author : Earl M. Maltz
language : en
Publisher:
Release Date : 1994
Rethinking Constitutional Law written by Earl M. Maltz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
Maltz reformulates the justification for originalist review and refines originalist theory itself; he argues that a pure originalist approach mandates excessive judicial intervention under the Constitution; and he shows that most nonoriginalist theorists have failed to provide a sufficient functional justification for nonoriginalist intervention.
Rethinking The Boundaries Of Constitutional Law
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Author :
language : en
Publisher:
Release Date : 2007
Rethinking The Boundaries Of Constitutional Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Common Law Liberty
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Author : James Reist Stoner
language : en
Publisher:
Release Date : 2003
Common Law Liberty written by James Reist Stoner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Rethinking Law
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Author : Amy Kapczynski
language : en
Publisher: MIT Press
Release Date : 2022-07-05
Rethinking Law written by Amy Kapczynski and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-05 with Law categories.
Some of today’s top legal thinkers consider the ways that legal thinking has bolstered—rather than corrected—injustice. Bringing together some of today’s top legal thinkers, this volume reimagines law in the twenty-first century, zeroing in on the most vibrant debates among legal scholars today. Going beyond constitutional jurisprudence as conventionally understood, contributors show the ways in which legal thinking has bolstered rather than corrected injustice. If conservative approaches have been well served by court-centered change, contributors to Rethinking Law consider how progressive ones might rely on movement-centered, legislative, and institutional change. In other words, they believe that the problems we face today are vastly bigger than can be addressed by litigation. The courts still matter, of course, but they should be less central to questions about social justice. Contributors describe how constitutional law supported a system of economic inequality; how we might rethink the First Amendment in the age of the internet; how deeply racial bias is embedded in our laws; and what kinds of changes are necessary. They ask which is more important: the laws or how they are enforced? Rethinking Law considers these questions with an eye toward a legal system that truly supports a just society. Contributors include Jedediah Purdy, David Grewal, Jamal Greene, Reva Siegel, Jocelyn Simonson, Aziz Rana
Rethinking The New Deal Court
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Author : Barry Cushman
language : en
Publisher: Oxford University Press
Release Date : 1998-02-26
Rethinking The New Deal Court written by Barry Cushman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-02-26 with Law categories.
Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.
Rethinking Human Rights And Global Constitutionalism
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Author : Ekaterina Yahyaoui Krivenko
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Rethinking Human Rights And Global Constitutionalism written by Ekaterina Yahyaoui Krivenko and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.
This book offers new perspectives and insights into the functioning of mechanisms utilised by global constitutionalism.
Beyond Origins
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Author : Angélica Maria Bernal
language : en
Publisher: Oxford University Press
Release Date : 2017-06-30
Beyond Origins written by Angélica Maria Bernal and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-30 with Political Science categories.
The foundings of constitutional democracies are commonly traced to singular moments. In turn, these moments of national origin are characterized as radical political innovations, notable for their civic unity, perfect legitimacy and binding authority. This common view is attractive as it suggests original founding events, actors, and ideals that can be evoked to legitimize state authority and unify citizens. Angélica Maria Bernal challenges this view of foundings, however, explaining that it is ultimately dangerous, misguided, and unsustainable. Beyond Origins argues that the ascription of a universal authority to original founding events is problematic because it limits our understanding of subsequent foundational changes, political transformation and innovation. This singular view also confounds our ability to account for all of the actors and venues through which foundation-building and constitutional transformation occurs. Because such understandings of national foundings obscure the many power struggles at work in them, these origin stories are troubling and unhelpful. In the wake of these limited views of founding, Bernal develops an alternate approach: "founding beyond origins." Rather than asserting that founding events are authoritatively settled and relegated to history, this framework redefines foundings as contentious, uncertain, and incomplete. Indeed, the book looks at a wide variety of contexts-early imperial Rome; revolutionary Haiti and France; the mid-20th century, racially-segregated United States; and contemporary Latin America-to reconsider political foundings as a contestatory and ongoing dimension of political life. Bridging classic and contemporary political and constitutional theory with historical readings, Bernal reorients approaches to foundings, arguing that it is only through context-specific and pragmatist understandings of political origins that we can realize the potential for radical democratic change.
Rethinking Intellectual Property
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Author : Gustavo Ghidini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-01-26
Rethinking Intellectual Property written by Gustavo Ghidini and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-26 with Law categories.
Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.
New Media And Freedom Of Expression
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Author : András Koltay
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-07-25
New Media And Freedom Of Expression written by András Koltay and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-25 with Law categories.
The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.
Intellectual Privacy
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Author : Neil Richards
language : en
Publisher: Oxford University Press
Release Date : 2015-01-02
Intellectual Privacy written by Neil Richards and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-02 with Law categories.
Most people believe that the right to privacy is inherently at odds with the right to free speech. Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. America's obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacy like peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship. More fundamentally, Richards shows how privacy and free speech are often essential to each other. He explains the importance of 'intellectual privacy,' protection from surveillance or interference when we are engaged in the processes of generating ideas - thinking, reading, and speaking with confidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less about barring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.
