Below is a list of
Constitution Law
books added to the library's collection in the past 6 months.
ABA civil immigration detention standards.
Location:
lax
Call #:
KF9721 .A95 2012
Publisher:
American Bar Association,
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American constitutional law : structure and reconstruction : cases, notes, and problems / by Charles A. Shanor.
Location:
lax
Call #:
KF4549 .S395 2013
Publisher:
West,
This law school casebook is concise, rigorous, and yet accessible to students. It contains approximately 100 primary cases, including a greater proportion of recent Supreme Court decisions than other casebooks. The notes provide context, and realistic problems facilitate application of constitutional law principles and cases. Covering structural constitutional law (judicial power, distribution of powers, Congress' powers, federalism, and judicial protection of interstate commerce) and the reach of the Fourteenth Amendment (citizenship, privileges and immunities, due process, equal protection, and state action), this casebook incorporates entertaining elements and references contemporary controversies. Tight editing to achieve "page neutrality," subtle revisions, and updates including creative incorporation of the health care decision make this popular casebook even better than the last.
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America's unwritten constitution : the precedents and principles we live by / Akhil Reed Amar.
Location:
lax
Call #:
KF4541 .A875 2012
Publisher:
Basic Books,
In America's Constitution: A Biography (2005), constitutional law scholar Amar showed that a close reading of the Constitution need not lead to a politically conservative interpretation of it. He expands upon that argument to suggest that, if we read between its lines, the Constitution actually invites interpreters to consider certain principles and concepts that exist outside of its text, such as in the practices of the Founding Fathers and of American citizens, certain key judicial decisions, and other texts, like the Federalist Papers and the Gettysburg Address. This unwritten Constitution, says Amar, supports and supplements the written Constitution without supplanting it. It allows the written Constitution to make sense and remain strong and resilient despite its terse language. Deeply researched and carefully argued, this book is nothing less than a sophisticated and comprehensive theory of constitutional jurisprudence that resists being construed along narrow political lines.
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Arbitration and the constitution / Peter B. Rutledge.
Location:
lax
Call #:
K2400 .R88 2013
Publisher:
Cambridge University Press,
Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.
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Australian constitutional law : foundations and theory / Suri Ratnapala, Jonathan Crowe.
Location:
lacom
Call #:
KU1750 .R38 2012
Publisher:
Oxford University Press,
Australian Constitutional Law: Foundations and Theory, 3e explains and evaluates the Australian constitutional system in relation to the classical principles of constitutional government such as the rule of law, separation of powers, representation, executive responsibility, federalism and fundamental rights. In this third edition, Suri Ratnapala has been joined by Jonathan Crowe as co-author, and the book has been fully revised and expanded.
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Constitutional conservatism : liberty, self-government, and political moderation / Peter Berkowitz.
Location:
lax
Call #:
KF4550 .B385 2013
Publisher:
Peter Berkowitz identifies the political principles social conservatives and libertarians share, or should share, and sketches the common ground on which they can and should join forces. Drawing on the writings of Edmund Burke,The Federalist, and the high points of post-World War II American conservatism, he argues that the top political priority for social conservatives and libertarians should be to rally around the principles of liberty embodied in the US Constitution and pursue reform in light of them.
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Constitutional law, principles and policy : cases and materials / Jerome A. Barron ... [et al.].
Location:
lax
Call #:
KF4549 .C655 2012
Publisher:
LexisNexis,
This teaching tool presents older and more recent Supreme Court cases in the field of Constitutional law, paying special attention to important concurring and dissenting opinions of Supreme Court justices. Although the cases are edited, an effort has been made to keep as much of the essence of major decisions as possible. Most cases are followed by commentary and notes on recent law review literature. After a brief overview of American constitutionalism, chapters cover judicial review, national powers and federalism, state power in American federalism, executive and congressional relations and the separation of powers, limitations on governmental power, forms of substantive due process, the meaning of equal protection, freedom of expression and religion, state action, and limitations of judicial review. The book includes the complete text of the Constitution, plus a table chronology of all Court justices from 1789 to the present. Many of the new cases in this eighth edition reflect the Court's current interest in the First Amendment, including three cases where the Court was asked to deny First Amendment protection.
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Constitutional violence : legitimacy, democracy and human rights / Antoni Abat I. Ninet.
Location:
lax
Call #:
K3240 .N56 2013
Publisher:
Edinburgh University Press,
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Declaring war : Congress, the president, and what the Constitution does not say / Brien Hallett.
Location:
lax
Call #:
KF4941 .H35 2012
Publisher:
Cambridge University Press,
Declaring War offers a comprehensive historical, legal, constitutional, moral and philosophical analysis of why Congress has failed to check an imperial presidency. This book provides a detailed analysis of the declarations of 1812, 1898 and the War Powers Resolution of 1973 and demonstrates the extent of the organizational and moral incapacity of the Congress to declare war.
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Defending American religious neutrality / Andrew Koppelman.
Location:
lax
Call #:
KF4865 .K67 2013
Publisher:
Harvard University Press,
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Dignity rights : courts, constitutions, and the worth of the human person / Erin Daly.
Location:
lax
Call #:
K3249 .D35 2013
Publisher:
University of Pennsylvania Press,
With cases from around the world on a wide range of subjects including prison conditions, employment, sexuality, reputation, and death, this ground-breaking book examines how judicial interpretations of dignity redefine what it means to be human in the modern world.
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Dual state : parapolitics, Carl Schmitt and the national security complex / edited by Eric Wilson.
Location:
lax
Call #:
JC263.S34 D83 2012
Publisher:
Ashgate,
This volume presents a practical demonstration of the relevance of Carl Schmitt's thought to parapolitical studies, arguing that his constitutional theory is the one best suited to investing the 'deep state' with intellectual and doctrinal coherence. Critiquing Schmitt's work from a variety of intellectual perspectives, the chapters discuss current parapolitical reality within the domain of criminology, the parapolitical nature of both the dual state and the national security state corporate complex. Using the USA as a prime example of the world's current dual or 'deep political state', the criminogenic dimensions of the parapolitical systems of post 9/11 America are discussed. Using case studies, the dual state is examined as the causal factor of inexplicable parapolitical events within both the developed and developing world, including Sweden, Canada, Italy, Turkey, and Africa.
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Failed promise of originalism / Frank B. Cross.
Location:
lax
Call #:
KF4550 .C76 2012
Publisher:
Stanford Law Books, an imprint of Stanford University Press,
Develops an empirical analysis of the use of originalism in Supreme Court decisions to show how claimed adherence to originalism ultimately does not constrain ideological decisions.
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First Amendment institutions / Paul Horwitz.
Location:
lax
Call #:
KF4770 .H67 2013
Publisher:
Harvard University Press,
Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them.
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Freedom from religion : rights and national security / Amos N. Guiora.
Location:
lax
Call #:
K3258 .G85 2013
Publisher:
The second edition of Freedom from Religion responds to public discussion and criticism provoked by the proposal presented in the first edition that governments impose limits on religious extremist practices and speech within their borders. It includes significant new material analyzing self-censorship in the face of religious sensitivity, religious extremism and violence in Israel, and the complicated tension in the Netherlands between speech and religion.
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Future of blasphemy : speaking of the sacred in an age of human rights / Austin Dacey.
Location:
lax
Call #:
BL65.B54 D33 2011
Publisher:
Continuum,
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Gaveling down the rabble : how "free trade" is stealing our democracy / by Jane Anne Morris.
Location:
lax
Call #:
KF4606 .M67 2008
Publisher:
Apex Press,
In Gaveling Down the Rabble, author/activist Jane Anne Morris explores a century and a half of efforts by corporations and the courts to undermine local democracy in the United States by using a "free trade" model. It was that very nineteenth-century model that was later adopted globally by corporations to subvert local attempts at protecting the environment and citizen and worker health.Gaveling Down the Rabble is essential reading for understanding the background of the current struggle for U.S. democracy local, state and national against growing corporate power and how we can challenge it. Since the late 1800s the U.S. Supreme Court has been cutting our local, state and national democracy off at the knees in the name of "free trade" by usurping the power to make public policy from our elected representatives in the Congress and the state legislatures and by giving power to corporations over citizens. By erecting a "free trade" zone in the U.S., corporations and their champions on the Supreme Court have seen to it that "we do not have a chance of building a democracy."
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Gitlow v. New York : every idea an incitement / Marc Lendler.
Location:
lax
Call #:
KF228.G58 L46 2012
Publisher:
University Press of Kansas,
In 1919 American Communist Party member Benjamin Gitlow was arrested for distributing a "Left Wing Manifesto," inspired by the Russian Revolution. He was charged with violating New York's Criminal Anarchy Law, which forbid the advocacy of any doctrine promoting the violent over-throw of government. Gitlow argued that the law violated his right to free speech but was still convicted. He appealed and five years later the Supreme Court upheld his sentence by a vote of 7-2.
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Global justice, state duties : the extraterritorial scope of economic, social and cultural rights in international law / edited by Malcolm Langford ... [et al.].
Location:
lax
Call #:
K3240 .G539 2013
Publisher:
Cambridge University Press,
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Is the American constitution obsolete? / edited by Thomas J. Main.
Location:
lax
Call #:
KF4550 .I7 2013
Publisher:
Carolina Academic Press,
Americans revere their Constitution but are disturbed by growing signs of political dysfunction. We have placed in the White House candidates who have not won a majority of the popular vote. In this time of war, fears of an imperial presidency persist. Gridlock prevents reform in arms control, immigration, and other vital areas. An economic crisis generates fears that the system may not be able to respond effectively. Can we solve the problems we face under the current Constitution or does the 21st Century call for a new Magna Carta? These questions are debated by a group of distinguished contributors that includes: Akhil Amar (Yale Law School), Mark Tushnet (Harvard Law School), Stephen Macedo (Princeton University), Larry J. Sabato (University of Virginia), and others. Among the topics debated here are: does the constitution encourage gridlock?; judicial review and democracy; an imperial presidency?; and race and the Constitution. Is the American Constitution Obsolete? is the most comprehensive one-volume debate on the pros and cons of our basic law and is ideal reading for courses that cover the Constitution.
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Law's virtues : fostering autonomy and solidarity in American society / Cathleen Kaveny.
Location:
lax
Call #:
KF380 .K38 2012
Publisher:
Georgetown University Press,
Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can.
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Legal responses to religious practices in the United States : accomodation and its limits / edited by Austin Sarat.
Location:
lax
Call #:
KF4783 .L44 2012
Publisher:
Cambridge University Press,
This book questions what practices constitute a "religious activity" such that it cannot be supported or funded by government. It examines the history of accommodating laws when there is tension between respecting religious freedom and maintaining First Amendment requirements that government be neutral.
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Limited government and the Bill of Rights / Patrick M. Garry.
Location:
lax
Call #:
KF4749 .G37 2012
Publisher:
University of Missouri Press,
What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? InLimited Government and the Bill of Rights,Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government-about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government.
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Making of law : the Supreme Court and labor legislation in Mexico, 1875-1931 / William J. Suarez-Potts.
Location:
lacom
Call #:
KGF1777 .S83 2012
Publisher:
This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor case as the nation's system of industrial relations was established.
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More essential than ever : the Fourth Amendment in the twenty-first century / by Stephen J. Schulhofer.
Location:
lax
Call #:
KF9630 .S38 2012
Publisher:
Oxford University Press,
In this book, Stephen Shulhofer explores the changes wrought by the new surveillance regime through the lens of the Fourth Amendment's meaning and history. companies and the state use to scrutinize us, this book makes a powerful case for the importance of the Fourth Amendment in protecting both privacy rights and civil liberties in our surveillance age.
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Neoconservative politics and the Supreme Court : law, power, and democracy / Stephen M. Feldman.
Location:
lax
Call #:
KF8748 .F45 2013
Publisher:
New York University Press,
In this concise, timely book, constitutional law expert Stephen M. Feldman draws on neoconservative writings to explore the rise of the neocons and their influence on the Supreme Court. Neocons burst onto the political scene in the early 1980s via their assault on pluralist democracy’s ethical relativism, where no pre-existing or higher principles limit the agendas of interest groups. Instead, they advocated for a resurrection of republican democracy, which declares that virtuous citizens and officials pursue the common good. Yet despite their original goals, neocons quickly became an interest group themselves, competing successfully within the pluralist democratic arena. When the political winds shifted in 2008, however, neocons found themselves shorn of power in Congress and the executive branch. But portentously, they still controlled the Supreme Court.
Neoconservative Politics and the Supreme Court explains how and why the neoconservatives criticized but operated within pluralist democracy, and, most important, what the entrenchment of neocons on the Supreme Court means for present and future politics and law.
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Oath : the Obama White House and the Supreme Court / Jeffrey Toobin.
Location:
lax
Call #:
KF8742 .T66 2012
Publisher:
Doubleday,
From the awkward swearing-in of President Obama by Chief Justice Roberts to Obama's caustic reaction to the Citizens United ruling to Roberts' support of Obama's health-care law, the tumultuous relationship between the administration and the Supreme Court has been increasingly evident. Both Harvard-educated lawyers, Obama and Roberts are known for their charm and intelligence, but their very different political perspectives have promised friction from the beginning, particularly as changes in the composition of the court resonate with the changes in national politics. Legal analyst Toobin offers a vivid inside look at the personalities and politics behind the fractious relationship.
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Oral arguments and coalition formation on the U.S. Supreme Court : a deliberate dialogue / Ryan C. Black, Timothy R. Johnson, and Justin Wedeking.
Location:
lax
Call #:
KF8742 .B57 2012
Publisher:
University of Michigan Press,
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Ordered liberty : rights, responsibilities, and virtues / James E. Fleming and Linda C. McClain.
Location:
lax
Call #:
KF4749 .F55 2013
Publisher:
Harvard University Press,
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Priests of our democracy : the Supreme Court, academic freedom, and the anti-communist purge / Marjorie Heins.
Location:
lax
Call #:
KF4242 .H45 2013
Publisher:
New York University Press,
Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy.
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Religious lessons : Catholic sisters and the captured schools crisis in New Mexico / Kathleen Holscher.
Location:
lax
Call #:
KF228.Z45 H65 2012
Publisher:
Oxford University Press,
This book tells the story of Zellers v. Huff, which challenged Catholic religious employed in public schools in 1948. The "Dixon case," as it was known nationally, was the most famous in a series of midcentury lawsuits, all targeting what opponents provocatively dubbed "captive schools." Spearheaded by Protestants and Other Americans United for Separation of Church and State, the publicity campaign built around Zellers drew on centuries-old rhetoric of Catholiccaptivity to remind Americans about the threat of Catholic power in the post-War era, and the danger Catholic sisters dressed in full habits posed to American education.
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Search and seizure : a treatise on the Fourth Amendment / by Wayne R. LaFave.
Location:
lapsc
Call #:
KF9630 .L297 2012
Publisher:
West,
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Sovereign citizen : denaturalization and the origins of the American Republic / Patrick Weil.
Location:
lax
Call #:
KF4715 .W45 2013
Publisher:
University of Pennsylvania Press,
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Supreme Court and the Fourth Amendment's exclusionary rule / Tracey Maclin.
Location:
lax
Call #:
KF9662 .M25 2013
Publisher:
Oxford University Press,
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Supreme Court, federal taxation, and the Constitution / by Jasper L. Cummings, Jr.
Location:
lax
Call #:
KF6289 .C862 2013
Publisher:
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Terror courts : rough justice at Guantanamo Bay / Jess Bravin.
Location:
lax
Call #:
KF7661 .B73 2013
Publisher:
Focusing on the military commission established by the Bush Administration to try Guantanamo Bay prisoners, Bravin describes prosecutions hampered by inadmissable evidence obtained through torture, procedures stalled by disagreements between military prosecutors and political appointees, and closed door dealings that led several prosecutors to resign.
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Toward a North American legal system / edited by James T. McHugh.
Location:
lax
Call #:
KDZ88 .T69 2012
Publisher:
Palgrave Macmillan,
This book explores the complexities, possibilities, and challenges of North American legal harmonization and its consequences (both positive and negative) for future continental cooperation, especially in the age of NAFTA. The book explores different levels of legal analysis, including the macro level of public policy, broad theory, and constitutionalism and the micro level of applied law and legal norms. The book will focus, particularly, upon categories of law that are most relevant to thebroad economic and social future of North America in the context of continental cooperation among Canada, Mexico, and the United States.
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Transitions : legal change, legal meanings / edited by Austin Sarat.
Location:
lax
Call #:
K487.P65 T73 2012
Publisher:
University of Alabama Press,
Together the essays in this volume investigate the transformation of US law during moments of political change and explore what we can learn about law by examining its role and its use in times of transition. Whether by an abrupt shift in regime or an orderly progression from one government to the next, political change often calls into question the stability and versatility of the law, making it appear temporarily absent or in suspension. What challenges to the law arise at these times? To what extent do transitional periods foster ingenuity and resourcefulness, and how might they precipitate crises in legal authority? What do moments of legal change mean for law itself and how legal institutions bring about and respond to times of transition in legal arrangements? Transitions begins the scholarly exploration of these questions that have largely been neglected.
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Tried and convicted : how police, prosecutors, and judges destroy our constitutional rights / Michael D. Cicchini.
Location:
lax
Call #:
KF4749 .C525 2012
Publisher:
Rowman & Littlefield Publishers,
Tried and Convicted offers a controversial look at how our constitutional rights are often circumvented by the criminal justice system with impunity. Readers interested in personal liberties and rights will be intrigued by the ways in which those rights may be trampled should they enter the criminal justice system on the criminal end.
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Understanding student rights in schools : speech, religion, and privacy in educational settings / Bryan R. Warnick.
Location:
lax
Call #:
KF4150 .W37 2013
Publisher:
What rights should students expect to exercise in public schools? Should bible study meetings be allowed during free periods? Should students be allowed to wear t-shirts that exhort taking drugs or committing violent acts? Should students be required to participate in drug testing? In this concisely argued book, Bryan Warnick examines how student rights in three areas, free speech, privacy, and religious expression, have been addressed in policy, ethics, and the law.
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When the state speaks, what should it say? : how democracies can protect expression and promote equality / Corey Brettschneider.
Location:
lax
Call #:
JC591 .B75 2012
Publisher:
Princeton University Press,
In this lucid and compelling book, Brettschneider takes on some of the most vexing issues in contemporary liberal polities, and offers a theory of value democracy as a touchstone for addressing those issues. His argument is one with which everyone will have to engage. A pleasure to read, this is political theory at its best.
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