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What Roe V Wade Should Have Said


What Roe V Wade Should Have Said
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What Roe V Wade Should Have Said


What Roe V Wade Should Have Said
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Author : Jack M. Balkin
language : en
Publisher: NYU Press
Release Date : 2023-01-17

What Roe V Wade Should Have Said written by Jack M. Balkin and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-17 with Law categories.


"Taking positions both for and against the constitutional right to abortion, the contributors offer novel and illuminating arguments that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed introduction to Roe v. Wade, chronicling the history of the Roe litigation, the constitutional and political clashes that followed it, and the state of abortion rights in the U.S. today"--



Losing Twice


Losing Twice
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Author : Emily M. Calhoun
language : en
Publisher: Oxford University Press
Release Date : 2011-04-06

Losing Twice written by Emily M. Calhoun 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 2011-04-06 with Law categories.


Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Given our adversarial system, the way that rights cases are decided means that regardless of whether a losing side has committed any actions that cause harm to others, they typically suffer unnecessary harm as a consequence of decisions. In areas such as affirmative action and gay rights, the losers are essentially punished for losing despite neither intending nor causing injury. In Losing Twice, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers. But for this to happen, Calhoun contends, the role of judges needs to be reconceptualized. She contends that the Court should not perceive itself simply as an adversarial forum, but also as a 'transactional' one, where losers are not simply losers but participants in a process capable of addressing and ameliorating the effects that come with loss. Filled with lucid discussions of well known cases, Losing Twice offers an intellectually powerful argument for transforming the decision-making process in Constitutional rights disputes.



What Women Want


What Women Want
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Author : Deborah L. Rhode
language : en
Publisher: Oxford University Press, USA
Release Date : 2014

What Women Want written by Deborah L. Rhode and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Business & Economics categories.


What Women Want comprehensively analyzes the challenges the feminist movement faces today and puts forward a new policy agenda for women.



Special Issue The Discourse Of Judging


Special Issue The Discourse Of Judging
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Author : Austin Sarat
language : en
Publisher: Emerald Group Publishing
Release Date : 2012-09-12

Special Issue The Discourse Of Judging written by Austin Sarat and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-12 with Law categories.


This special issue of Studies in Law, Politics, and Society focuses on the discourse of judging and the "language of judging" within many diverse legal scenarios. The volume features chapters specifically on: the "language of rights" within the context of abortion and same-sex marriage cases; discourses within the European Court of Justice; the mod



Principles Of Health Care Ethics


Principles Of Health Care Ethics
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Author : Richard Edmund Ashcroft
language : en
Publisher: John Wiley & Sons
Release Date : 2015-08-12

Principles Of Health Care Ethics written by Richard Edmund Ashcroft and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-12 with Medical categories.


Edited by four leading members of the new generation of medical and healthcare ethicists working in the UK, respected worldwide for their work in medical ethics, Principles of Health Care Ethics, Second Edition is a standard resource for students, professionals, and academics wishing to understand current and future issues in healthcare ethics. With a distinguished international panel of contributors working at the leading edge of academia, this volume presents a comprehensive guide to the field, with state of the art introductions to the wide range of topics in modern healthcare ethics, from consent to human rights, from utilitarianism to feminism, from the doctor-patient relationship to xenotransplantation. This volume is the Second Edition of the highly successful work edited by Professor Raanan Gillon, Emeritus Professor of Medical Ethics at Imperial College London and former editor of the Journal of Medical Ethics, the leading journal in this field. Developments from the First Edition include: The focus on ‘Four Principles Method’ is relaxed to cover more different methods in health care ethics. More material on new medical technologies is included, the coverage of issues on the doctor/patient relationship is expanded, and material on ethics and public health is brought together into a new section.



Justice Kennedy S Jurisprudence


Justice Kennedy S Jurisprudence
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Author : Frank J. Colucci
language : en
Publisher:
Release Date : 2009

Justice Kennedy S Jurisprudence written by Frank J. Colucci and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Biography & Autobiography categories.


Examines the judicial philosophy of Supreme Court Justice Anthony M. Kennedy, who has been the critical swing vote on the Court for the last 20 years.



Limits Of Legality


Limits Of Legality
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Author : Jeffrey Brand-Ballard
language : en
Publisher: Oxford University Press
Release Date : 2010-05-26

Limits Of Legality written by Jeffrey Brand-Ballard 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 2010-05-26 with Philosophy categories.


Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combining ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.



Constructing Basic Liberties


Constructing Basic Liberties
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Author : James E. Fleming
language : en
Publisher: University of Chicago Press
Release Date : 2024-05-31

Constructing Basic Liberties written by James E. Fleming and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-31 with Law categories.


A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.



Roe V Wade


Roe V Wade
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Author : N. E. H. Hull
language : en
Publisher:
Release Date : 2010

Roe V Wade written by N. E. H. Hull and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with History categories.


This up-to-date history of Roe v. Wade covers the complete social and legal context of the case that remains the touchstone for America's culture wars.



Law S Allure


Law S Allure
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Author : Gordon Silverstein
language : en
Publisher: Cambridge University Press
Release Date : 2009-02-09

Law S Allure written by Gordon Silverstein 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 2009-02-09 with Law categories.


Law's Allure explains how, when, and why America's reliance on legal rules and judicial decisions shapes, constrains, saves, and sometimes even kills politics.