New Constitution Law Books

Below is a list of Constitution Law books added to the library's collection in the past 6 months.

Return to the new books overview page.

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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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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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. Find out more (catalog link)

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. Find out more (catalog link)

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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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. Find out more (catalog link)

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. Find out more (catalog link)

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. Find out more (catalog link)

Supreme Court, federal taxation, and the Constitution / by Jasper L. Cummings, Jr.

Location: lax
Call #: KF6289 .C862 2013
Publisher:


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Mobilizing the press : defending the First Amendment in the Supreme Court / Eric B. Easton.

Location: lax
Call #: KF2750 .E73 2012
Publisher:


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Nuanced absolutism : Floyd Abrams & the First Amendment / Ronald K.L. Collins.

Location: lax
Call #: KF373.A273 C65 2013
Publisher: Carolina Academic Press,


In Nuanced Absolutism First Amendment scholar Ronald Collins identifies, explains, and analyzes key aspects of the legal thought of America's most noted contemporary First Amendment lawyer, Floyd Abrams - a man who has had a profound impact on the law of free speech. In the process of discussing Abrams's work, the reader is introduced to "nuanced absolutism," a way of thinking about the First Amendment. Nuanced absolutism describes a tenet of existing First Amendment law that has emerged over the years and which has taken on new life in the decisional law of the Roberts Court. Before it was judge-made law, it was a brand of law argued by lawyers, most notably Floyd Abrams. One of the author's aims is to remind readers of the role played by lawyers in shaping our law, especially our supreme law. By way of an intellectual history and biographical approach to his subject, Collins explains how Abrams's nuanced absolutism operates in the context of some of the appellate cases he has litigated, the causes he has defended, and the positions he has taken in public. In short, the work is a biographical sketch and case study of one man's life in the law, the law of the First Amendment. Find out more (catalog link)

Dynamic constitution : an introduction to American constitutional law and practice / Richard H. Fallon, Jr.

Location: lax
Call #: KF4550 .F35 2013
Publisher:


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Law and the quest for justice / edited by Marjorie S. Zatz, Doris Marie Provine, James P. Walsh.

Location: lax
Call #: KF4749.A2 L39 2013
Publisher: Quid Pro Books,


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Looking for rights in all the wrong places : why state constitutions contain America's positive rights / Emily Zackin.

Location: lax
Call #: KF4750.Z95 Z33 2013
Publisher: Princeton University Press,


Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help.Looking for Rights in All the Wrong Placesargues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Find out more (catalog link)

Bonds of citizenship : law and the labors of emancipation / Hoang Gia Phan.

Location: lax
Call #: KF482 .P49 2013
Publisher: New York University Press,


In this study of literature and law from the Constitutional founding through the Civil War, Hoang Gia Phan demonstrates how American citizenship and civic culture were profoundly transformed by the racialized material histories of free, enslaved, and indentured labour. Bonds of Citizenship illuminates the historical tensions between the legal paradigms of citizenship and contract, and in the emergence of free labour ideology in American culture. Phan argues that in the age of Emancipation the cultural attributes of free personhood became identified with the legal rights and privileges of the citizen, and that individual freedom thus became identified with the nation-state. Situated at the nexus of literary criticism, legal studies, and labour history, Bonds of Citizenship challenges the founding fiction of a pro-slavery Constitution central to American letters and legal culture. Find out more (catalog link)

U.S. detainees and enemy belligerents : legal cases, considerations and provisions / Gale A. Lewis, Norah M. Scott, editors.

Location: lax
Call #: KF9625 .U86 2012
Publisher: Nova Science,


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Constitution of France : a contextual analysis / Sophie Boyron.

Location: lacom
Call #: KJV4079 .B69 2013
Publisher: Hart Pub.,


The centrepiece of this work is the French Constitution of 1958, portrayed by the author as an innovative hybrid construct whose arrival brought the constitutional stability which had eluded France for centuries. But the creation of the 1958 Constitution was not an isolated act; it represents part of an evolutionary process which continues to this day. Even though it is codified, the constitution of the Fifth Republic has evolved so markedly that commentators have dubbed the present institutional balance the "sixth Republic". It is this dynamic of the constitution which this book seeks to explain. At the same time the book shows how the French constitution has not developed in isolation, but reflects to some extent the global movement of ideas, ideas which sometimes challenge the very foundations of the 1958 Constitution. Find out more (catalog link)

Restricting freedoms : limitations on the individual in contemporary America / Vladimir Shlapentokh and Eric Beasley.

Location: lax
Call #: JC599.U5 S497 2013
Publisher: Transaction Publishers,


In Rediscovering a Lost Freedom, Patrick Garry addresses what he sees as the most pressing speech problem of the twenty-first century: an often irresponsible media using the First Amendment as a shield behind which to hide its socially corrosive speech. To Garry, the First Amendment should protect the communicative process as a whole. And for this process to be free and open, listeners should have as much right to be free from unwanted speech as speakers do of not being thrown in jail for uttering unpopular ideas. This work proposes a government-facilitated private right to censor. Find out more (catalog link)

Felony disenfranchisement in America : historical origins, institutional racism, and modern consequences / Katherine Irene Pettus.

Location: lax
Call #: JK1846 .P48 2013
Publisher: State University of New York Press,


Here, Katherine Irene Pettus draws on philosophy, history, law, and punishment theory to make the compelling argument that state disenfranchisement policies have collective moral and political significance that transcends the personal tragedy of being legally deprived of full citizenship status. Find out more (catalog link)

World War II Law and Lawyers : issues, cases, and characters / Thomas J. Shaw.

Location: lax
Call #: K124.W37 S53 2013
Publisher:


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Constitutional law in a nutshell / by Jerome A. Barron, C. Thomas Dienes.

Location: lapsc
Call #: KF4550.Z9 B35 2013
Publisher: West,


This book serves as a comprehensive guide and reference tool on constitutional law. Expert authors summarize judicial review and its limits, national legislative powers, state power in American federalism, Congress and the executive power, due process of law, equal protection, freedom of expression and religion, state action, and congressional legislation in civil rights and liberties. Find out more (catalog link)

Arc of due process in American constitutional law / E. Thomas Sullivan, President, University of Vermont and Toni M. Massaro, Regent's Professor and Milton O. Riepe Chair in Constitutional Law, University of Arizona.

Location: lax
Call #: KF4765 .S85 2013
Publisher:


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. Find out more (catalog link)

Courthouse democracy and minority rights : same-sex marriage in the states / Robert J. Hume.

Location: lax
Call #: KF539 .H86 2013
Publisher:


In Courthouse Democracy and Minority Rights: Same-Sex Marriage in the States, Robert J. Hume shows how increasing the democratic accountability of courts has limited the ability of judges to act as reform agents. When judges are elected, or when their decisions can be easily overturned with initiative amendment procedures, they lose the capacity to stand up for the rights of the minorities. Find out more (catalog link)

Puzzle of unanimity : consensus on the United States Supreme Court / Pamela C. Corley, Amy Steigerwalt, and Artemus Ward.

Location: lax
Call #: KF8742 .C674 2013
Publisher:


The U.S. Supreme Court typically rules on cases that present complex legal questions. Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines, it's commonly assumed that the Court routinely hands down equally-divided decisions. Yet the justices actually issue unanimous decisions in approximately one third of the cases they decide. Drawing on data from the U.S. Supreme Court database, internal court documents, and the justices' private papers,The Puzzle of Unanimity provides the first comprehensive account of how the Court reaches consensus. Find out more (catalog link)

Roberts Court : the struggle for the constitution / Marcia Coyle.

Location: lax
Call #: KF8742 .C69 2013
Publisher:


Marcia Coyles brilliant inside account of the High Court captures four landmark decisions--concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began--the personalities and conflicts that catapulted them onto the national scene--and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Find out more (catalog link)

New pleading in the twenty-first century : slamming the federal courthouse doors? / Scott Dodson.

Location: lax
Call #: KF8840 .D63 2013
Publisher:


New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors? is the first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadingslandscape by imposing a version of fact pleading and merits screening - what the author calls "New Pleading" - that has not existed in the U.S. for 70 years.The result of this abrupt regime change is a broad, significant, and adverse effect on litigant access to civil justice. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both in theUnited States and in the larger global community. This book takes on that task. It synthesizes a theoretical account of New Pleading, argues that New Pleading is inconsistent with a system of procedural justice, and provides two distinct solutions for rectifying the inconsistency. Find out more (catalog link)

Power of habeas corpus in America : from the King's Prerogative to the War on Terror / Anthony Gregory, The Independent Institute, Oakland.

Location: lax
Call #: KF9011 .G74 2013
Publisher:


This book tells the story of habeas corpus from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas's historical controversies - addressing the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and for wartime detainees from the Civil War and World War II to the War on Terror. Find out more (catalog link)

Alaska state constitution : a reference guide / Gerald A. McBeath ; foreword by Tony Knowles.

Location: lacom
Call #: KFA1601 1956.A6 M33 1997
Publisher: Greenwood Press,


A constitutional and poliitical history of Alaska ranging from its colonial and territorial experience to the ratification of the Constitution in 1956 and subsequent amendments. Analytical commentary on the current constitution, article-by-article, makes up the heart of the book. Find out more (catalog link)

Little Rock crisis : a constitutional interpretation / Tony Freyer.

Location: lacom
Call #: KFA3992.2 .F73 1984
Publisher: Greenwood Press,


Many people have recorded and analyzed the painful transition from racial segregation to racial integration in the US, but none has done so with greater objectivity and understanding than Freyer. By creatively narrating the twists and turns of the events surrounding the desegregation of schools in Little Rock, Arkansas, Freyer has added a sound, objective, and highly readable piece to the still incomplete racial integration puzzle. Find out more (catalog link)

Alabama state constitution : a reference guide / William H. Stewart ; foreword by Donald Patterson.

Location: lacom
Call #: KFA401 1901.A6 S74 1994
Publisher: Greenwood Press,


This first comprehensive history and reference guide on the Alabama State Constitution fills a major gap in the literature needed by political scientists, legal and state historians, and lawyers. Find out more (catalog link)

Delaware constitution of 1897 : the first one hundred years / edited by Harvey Bernard Rubenstein, chair ; Matthew F. Boyer ... [et al.] ; Randy J. Holland, editor in chief.

Location: lacom
Call #: KFD401.5 .D44 1997
Publisher: Delaware State Bar Association,


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Speech and harm : controversies over free speech / edited by Ishani Maitra and Mary Kate McGowan.

Location: lax
Call #: JC591 .S67 2012
Publisher: Oxford University Press,


Most liberal societies are committed to free speech, but there is evidence that some kinds of speech can be harmful in ways that are detrimental to important liberal values, such as social inequality. This volume draws on a range of approaches to explore the problem and determine what should be done about allegedly harmful speech. Find out more (catalog link)

Constitution, arbitration and courts / editor: Georgios I. Zekos (University of Peloponnesus, Legal Advisor-Economist, OGA, OHE & Naupliou,Tripolis, Greece).

Location: lax
Call #: K2400 .C667 2013
Publisher:


In "Constitution, Arbitration and Courts", arbitration is examined as it began, as an extra-judicial mechanism for resolving disputes. Private arbitration predates the public court system. The ancient Sumerians, Persians, Egyptians, Greeks, and Romans all had a tradition of arbitration. Communities introduced arbitration systems intended to resolve their communal conflicts in accordance with custom, equity and internal law. Arbitration threatened a momentous basis of judicial business, as well as judicial jobs linked to the courts caseloads. Courts perceived the growing status of arbitration as a favoured means for resolving business disputes and as a threat to their power. Courts have managed to get in the way of the arbitration process and to gain a role in arbitration. Thus, courts have taken the role of the guardian of public policy in a state, and so arbitration is considered not to be a safe, independent and fully alternative dispute mechanism. Find out more (catalog link)

Religious freedom in the liberal state / Rex Ahdar and Ian Leigh.

Location: lax
Call #: K3280 .A33 2013
Publisher: Oxford University Press,


The right of religious freedom in major English speaking nations is a complex and vast topic, full of controversy. Offering a comprehensive analysis, this book examines the key questions from both a liberal democratic and religious standpoint. Find out more (catalog link)

New Commonwealth model of constitutionalism : theory and practice / Stephen Gardbaum.

Location: lax
Call #: KD5025 .G37 2013
Publisher: Cambridge University Press,


The introduction of recent bills of rights in Canada, New Zealand, the United Kingdom and Australia has been a significant departure from constitutional tradition within these countries. It is also an experiment in a new third way of organizing basic institutional arrangements in a democracy that promises both an alternative to the conventional dichotomy of legislative versus judicial supremacy and innovative techniques for protecting rights. This 'new Commonwealth model of constitutionalism' is an intriguing and important development in constitutional design of relevance to drafters of bills of rights everywhere. Stephen Gardbaum explores the theory and practice of the model, analyses its novelty and normative appeal as a third general model of constitutionalism and presents individual and comparative assessments of the operational stability, distinctness and success of its different versions in the various jurisdictions. Find out more (catalog link)

Storm over this court : law, politics, and Supreme Court decision making in Brown v. Board of Education / Jeffrey D. Hockett.

Location: lax
Call #: KF228.B76 H63 2013
Publisher: University of Virginia Press,


In contrast to existing studies, Hockett demonstrates that the puzzle of the Brown decision defies an elegant solution. Instead, multiple theories of judicial decision making, pointing to both instrumental and noninstrumental factors, are needed to understand Supreme Court decisions. Find out more (catalog link)

Adversary First Amendment : free expression and the foundations of American democracy / Martin H. Redish.

Location: lax
Call #: KF4770 .R428 2013
Publisher:


Most free speech scholars understand the First Amendment as a vehicle for or protection of democracy itself, relying upon cooperative or collectivist theories of democracy. Martin Redish reconsiders free speech in the context of adversary democracy, arguing that individuals should have the opportunity to affect the outcomes of collective decision-making according to their own values and interests. Adversary democracy recognizes the inevitability of conflict within a democratic society, as well as the need for regulation of that conflict to prevent the onset of tyranny. In doing so, it embraces pluralism, diversity, and the individual growth and development deriving from the promotion of individual interests. Drawing on previous free speech scholarship and case studies of controversial speech, Redish advances a theory of free expression grounded in democratic notions of self-promotion and controlled adversary conflict, making a strong case for its application across such areas as commercial speech, campaign spending, and anonymous speech. Find out more (catalog link)

Tragedy of religious freedom / Marc O. DeGirolami.

Location: lax
Call #: KF4783 .D44 2013
Publisher:


Legal scholars expect to resolve religious dilemmas according to principles of equality, neutrality, or separation of church and state. But such abstractions fail to do justice to the clashing values in todayâs pluralistic society. Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Find out more (catalog link)

Long wars and the Constitution / Stephen M. Griffin.

Location: lax
Call #: KF5060 .G73 2013
Publisher:


Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war. Find out more (catalog link)

Supreme Court confirmation hearings and constitutional change / Paul M. Collins, Jr., University of North Texas, Lori A. Ringhand, University of Georgia.

Location: lax
Call #: KF8742 .C625 2013
Publisher:


Before Supreme Court nominees are allowed to take their place on the High Court, they must face a moment of democratic reckoning by appearing before the Senate Judiciary Committee. Despite the potential this holds for public input into the direction of legal change, the hearings are routinely derided as nothing but empty rituals and political grandstanding. Paul M. Collins and Lori A. Ringhand present a contrarian view that uses both empirical data and stories culled from more than 70 years of transcripts to demonstrate that the hearings are a democratic forum for the discussion and ratification of constitutional change. Find out more (catalog link)

Central European constitutional courts in the face of EU membership : the influence of the German model in Hungary and Poland / by Allan F. Tatham.

Location: lax
Call #: KJC5456 .T38 2013
Publisher:


This title explores German legal influence on other systems of constitutional justice, concentrating on the impact of the Federal Constitutional Court's approach on constitutional courts in Hungary and Poland. Find out more (catalog link)

Defending Gideon : it's time to finish what he started 50 years ago / a film by The Constitution Project ; produced by New Media Advocacy Projet (N-MAP) ; director & producer, Rebecca Richman Cohen ; producer, Adam Stofsky ; written by Francisco Bello, Re

Location: laab
Call #: DVD KF9646 .D44 2013
Publisher:


Fifty years ago, Clarence Earl Gideon was charged with breaking into a pool hall. He could not afford a lawyer to defend him in court, and after a hasty trial, he was convicted. Had Gideon accepted his fate, he’d have been imprisoned for five years. But Gideon did challenge his conviction —all the way to the Supreme Court. The result was the landmark case Gideon v. Wainwright, which guarantees poor defendants the right to counsel in criminal cases. Weaving the story of this iconic case with contemporary portraits of legal injustice, the film DEFENDING GIDEON highlights the importance of a system that guarantees representation for all—and the dire consequences when that system fails. Find out more (catalog link)

On constitutional disobedience / Louis Michael Seidman.

Location: lax
Call #: KF4550 .S375 2012
Publisher: Oxford University Press, USA,


In On Constitutional Disobedience, leading constitutional scholar Louis Michael Seidman explains why constitutional disobedience may well produce a better politics and considers the shape that such disobedience might take. First, though, he stresses that is worth remembering the primary goals of the original Constitution's authors, many of which were unseemly both then and now. Should we really feel obligated to defend our electoral college or various other features that arguably leadto unjust results? Yet many of our political debates revolve around constitutional features that no one loves but which everyone feels obligated to defend. After walking through the various defenses put forth by proponents of the US Constitutional system, Seidman shows why none of them hold up. Thesolution, he claims, is to abandon our loyalty to many of the document's requirements and instead embrace the Constitution as a 'poetic' vision of a just society. Find out more (catalog link)

Friend of the court : on the front lines with the First Amendment / Floyd Abrams.

Location: lax
Call #: KF4770 .A915 2013
Publisher:


Since 1971, when the Pentagon Papers were leaked to the 'New York Times' and furious debate over First Amendment rights ensued, free-speech cases have emerged in rapid succession. This collection of Abrams' writings gathers speeches, articles, debates, briefs, oral arguments, and testimony from his entire career. The writings illuminate topics of ongoing import: WikiLeaks, the correctness of the Citizens United case, journalist shield laws, and, not least, the responsibilities of the press. Find out more (catalog link)

Theory of shield laws : journalists, their sources, and popular constitutionalism / Dean C. Smith.

Location: lax
Call #: KF8959.P7 S63 2013
Publisher:


In this history of debate over journalists' confidential sources, starting in 1894, Smith employs contemporary theories of constitutional interpretation to weave a surprising narrative melding legislature-made statutory law and court-made constitutional law. Working under the banner of popular constitutionalism, Smith tests Michael Gerhardt's theory of non-judicial precedents to illuminate the role journalists and press advocates played in shaping the path of constitutional law and giving voice to deeply felt First Amendment values. Along the way, the author corrects the historical record in important ways, including recasting events that led to the nation's first shield law in 1896. Find out more (catalog link)

Proportionality and constitutional culture / Moshe Cohen-Eliya and Iddo Porat.

Location: lax
Call #: K3165 .C54 2013
Publisher:


Proportionality is currently the most important constitutional doctrine worldwide, spreading to every democracy apart from the USA. Although widely discussed, it has not been the subject of a thorough cultural and historical examination until now. This book compares proportionality with its counterpart in American constitutional law, balancing. Find out more (catalog link)

Monaghan on equality law / Karon Monaghan, QC.

Location: lax
Call #: KD4095 .M66 2013
Publisher:


Written by a leading human rights and employment and practitioner, the new edition of Monaghan on Equality Law combines a comprehensive survey of UK equality law with an analytical critique of the legal framework and the concepts that underpin it. The text provides practical guidance on equality law as it applies to specific practice areas including employment, goods and services, housing, education, transport, and public law. It covers the history of equality law,domestically, regionally, and internationally. It also considers the social and political context for equality. Find out more (catalog link)

Principled stand : the story of Hirabayashi v. United States / Gordon K. Hirabayashi with James A. Hirabayashi and Lane Ryo Hirabayashi.

Location: lax
Call #: KF228.H565 H57 2013
Publisher: University of Washington Press,


In 1943, University of Washington student Gordon Hirabayashi defied the curfew and mass removal of Japanese Americans on the West Coast, and was subsequently convicted and imprisoned as a result. In 'A Principled Stand', Gordon's brother James and nephew Lane have brought together his prison diaries and voluminous wartime correspondence to tell the story of Hirabayashi v. United States, the Supreme Court case that in 1943 upheld and on appeal in 1987 vacated his conviction. For the first time, the events of the case are told in Gordon's own words. The result is a compelling and intimate story that reveals what motivated him, how he endured, and how his ideals changed and deepened as he fought discrimination and defended his beliefs. Find out more (catalog link)

Sext ed : obscenity versus free speech in our schools / Joseph Oluwole and Preston C. Green III ; with the assistance of Melissa Stackpole ; foreword by Eunice A. Grippaldi.

Location: lax
Call #: KF4159 .O45 2013
Publisher:


In several states, teenagers who engage in "sexting" could be in violation of child pornography laws and if convicted of such, teens could end up on sex offender lists with rapists and child molesters. The authors of this text examine this thorny issue, arguing that teenagers who have engaged in consensual sexting should not automatically be punished under child pornography laws. Equally important: the book presents in-depth analysis of the issue of school regulations on sexting pursuant to the Free Speech Clause. This book is the first volume devoted to the topic of consensual student sexting, and how the First Amendment may apply to this unique 21st-century phenomenon. It provides an overview of sexting laws in the United States and does a thorough job of discussing the First Amendment issues that all policymakers, educators, and child advocates should be aware of. Find out more (catalog link)

Human rights in the constitutional law of the United States / Michael J. Perry, Emory University School of Law.

Location: lax
Call #: KF4749 .P47 2013
Publisher:


This book explicates the morality of human rights and elaborates three internationally recognized human rights that are entrenched in U.S. constitutional law: the right not to be subjected to cruel, inhuman, or degrading punishment; the right to moral equality; and the right to religious and moral freedom. Find out more (catalog link)

On dissent : its meaning in America / Ronald K.L. Collins & David M. Skover.

Location: lax
Call #: KF4786 .C65 2013
Publisher:


America values dissent. It tolerates, encourages, and protects it. But what is this thing we value? That is a question never asked. There is a need to develop some clarity about the phenomenon we call dissent, and On Dissent attempts to offer a conceptual yardstick that offers a measure of its meaning. Find out more (catalog link)

Take up your pen : unilateral presidential directives in American politics / Graham G. Dodds.

Location: lax
Call #: KF5053 .D63 2013
Publisher:


Although public awareness of unilateral presidential directives has been growing over the last decade - sparked in part by Barack Obama's use of executive orders and presidential memoranda to reverse many of his predecessor's policiesas well as by the number of unilateral directives George W. Bush promulgated for the 'War on Terror' - Graham G. Dodds reminds us that not only has every single president issued executive orders, such orders have figured in many of the most significant episodes in American political history. Find out more (catalog link)

Proportionality and constitutional culture / Moshe Cohen-Eliya and Iddo Porat.

Location: lax
Call #: K3165 .C54 2013
Publisher:


Proportionality is currently the most important constitutional doctrine worldwide, spreading to every democracy apart from the USA. Although widely discussed, it has not been the subject of a thorough cultural and historical examination until now. This book compares proportionality with its counterpart in American constitutional law, balancing. Find out more (catalog link)

Principled stand : the story of Hirabayashi v. United States / Gordon K. Hirabayashi with James A. Hirabayashi and Lane Ryo Hirabayashi.

Location: lax
Call #: KF228.H565 H57 2013
Publisher: University of Washington Press,


In 1943, University of Washington student Gordon Hirabayashi defied the curfew and mass removal of Japanese Americans on the West Coast, and was subsequently convicted and imprisoned as a result. In 'A Principled Stand', Gordon's brother James and nephew Lane have brought together his prison diaries and voluminous wartime correspondence to tell the story of Hirabayashi v. United States, the Supreme Court case that in 1943 upheld and on appeal in 1987 vacated his conviction. For the first time, the events of the case are told in Gordon's own words. The result is a compelling and intimate story that reveals what motivated him, how he endured, and how his ideals changed and deepened as he fought discrimination and defended his beliefs. Find out more (catalog link)

Sext ed : obscenity versus free speech in our schools / Joseph Oluwole and Preston C. Green III ; with the assistance of Melissa Stackpole ; foreword by Eunice A. Grippaldi.

Location: lax
Call #: KF4159 .O45 2013
Publisher:


In several states, teenagers who engage in "sexting" could be in violation of child pornography lawsand if convicted of such, teens could end up on sex offender lists with rapists and child molesters. The authors of this text examine this thorny issue, arguing that teenagers who have engaged in consensual sexting should not automatically be punished under child pornography laws. Equally important: the book presents in-depth analysis of the issue of school regulations on sexting pursuant to the Free Speech Clause. This book is the first volume devoted to the topic of consensual student sexting, and how the First Amendment may apply to this unique 21st-century phenomenon. It provides an overview of sexting laws in the United States and does a thorough job of discussing the First Amendment issues that all policymakers, educators, and child advocates should be aware of. Find out more (catalog link)

Human rights in the constitutional law of the United States / Michael J. Perry, Emory University School of Law.

Location: lax
Call #: KF4749 .P47 2013
Publisher:


In the period since the end of the Second World War, there has emerged what never before existed: a truly global morality. Some of that morality - the morality of human rights - has become entrenched in the constitutional law of the United States. This book explicates the morality of human rights and elaborates three internationally recognized human rights that are embedded in U.S. constitutional law: the right not to be subjected to cruel, inhuman, or degrading punishment; the right to moral equality; and the right to religious and moral freedom. The implications of one or more of these rights for three great constitutional controversies - capital punishment, same-sex marriage, and abortion - are discussed in-depth. Along the way, Michael J. Perry addresses the question of the proper role of the Supreme Court of the United States in adjudicating these controversies. Find out more (catalog link)

On dissent : its meaning in America / Ronald K.L. Collins & David M. Skover.

Location: lax
Call #: KF4786 .C65 2013
Publisher:


America values dissent. It tolerates, encourages, and protects it. But what is this thing we value? That is a question never asked. There is a need to develop some clarity about the phenomenon we call dissent, and On Dissent attempts to offer a conceptual yardstick that offers a measure of its meaning. Find out more (catalog link)

Election law in a nutshell / by Daniel P. Tokaji, Robert M. Duncan/Jones Day Designated Professor of Law, The Ohio State University, Moritz College of Law.

Location: lapsc
Call #: KF4886 .T65 2013
Publisher:


Election law is a dynamic and quickly growing field that has garnered enormous public interest. It is a subject of great practical importance to lawyers and law students, with increasing litigation and several important decisions from the Supreme Court in recent years. This Nutshell provides a succinct and thorough description of the law governing voting rights, elections, and the political process in the United States. The topics addressed include the fundamental right to vote, gerrymandering, minority voting rights, ballot access, voter identification, recounts, direct democracy, and campaign finance. The Nutshell covers the constitutional law in these areas, including rights of free speech and equal protection, as well as the Voting Rights Act and other essential statutes. It addresses Shelby County v. Holder and other cases from the 2012-13 Supreme Court Term. Find out more (catalog link)

Take up your pen : unilateral presidential directives in American politics / Graham G. Dodds.

Location: lax
Call #: KF5053 .D63 2013
Publisher:


Although public awareness of unilateral presidential directives has been growing over the last decade - sparked in part by Barack Obama's use of executive orders and presidential memoranda to reverse many of his predecessor's policiesas well as by the number of unilateral directives George W. Bush promulgated for the 'War on Terror' - Graham G. Dodds reminds us that not only has every single president issued executive orders, such orders have figured in many of the most significant episodes in American political history. Find out more (catalog link)

Religion in a liberal state / edited by Gavin D'Costa, Malcolm Evans, Tariq Modood and Julian Rivers.

Location: lax
Call #: K3280 .R4297 2013
Publisher:


From the Islamic head-dress, to artistic offence, to religious sensibilities and the refusal of some Christians to provide services to LGBT people, headline-grabbing stories now regularly involve questions of religion. This book brings the best of academic thinking to bear from the key disciplines of law, sociology, politics and theology. Find out more (catalog link)

Congress, the Supreme Court, and religious liberty : the case of City of Boerne v. Flores / Jerold Waltman.

Location: lax
Call #: KF228.B613 W35 2013
Publisher:


In a landmark case, City of Boerne v. Flores the Supreme Court struck down a major federal statute - the Religious Freedom Restoration Act of 1993. This decision raised questions not only about religious freedom in America, but also about federalism and separation of powers. Using the narrative framework of a tense dispute that divided a small Texas town, Waltman offers an analysis of the constitutional jurisprudence involved in the passage of the act. Find out more (catalog link)

Federal courts / Laura E. Little, Charles Klein Professor of Law and Government, Temple University, Beasley School of Law.

Location: lapsc
Call #: KF8719 .L58 2013
Publisher:


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Latin American constitutionalism, 1810-2010 : the engine room of the constitution / Roberto Gargarella.

Location: lacom
Call #: KG548 .G374 2013
Publisher:


Latin America possesses an enormously rich constitutional history, but this legal history has only recently begun to be subjected to scholarly inquiry. In Latin American Constitutionalism (1810-2010), Roberto Gargarella provides a broadly comparative and landmark history of Latin American constitutionalism, informed by constitutional theory. Find out more (catalog link)

New democracies in crisis? : a comparative constitutional study of the Czech Republic, Hungary, Poland, Romania and Slovakia / Paul Blokker.

Location: lax
Call #: KJC4445 .B58 2013
Publisher:


This volume explores the complexities and drawbacks of modern constitutionalism by offering a comprehensive theoretical and comparative-empirical assessment of the status and role of constitutionalism in five new EU member states: the Czech Republic, Hungary, Poland, Slovakia, and Romania. Find out more (catalog link)

Dynamics in the French Constitution : decoding French republican ideas / David Marrani.

Location: lacom
Call #: KJV4079 .M37 2013
Publisher:


This is an examination of the foundations of the French Fifth Republic Constitution. It not only explores the dynamics and changes that have occurred during the last 50 years of the Constitution but also looks at the presence of older elements that create tensions within the constitutional text. Find out more (catalog link)

Freedom, democracy and accountability : a vision for a new Australian constitution / Bede Harris ; foreword by Michael Kirby.

Location: lacom
Call #: KU1750 .H37 2012
Publisher: Vivid Publishing,


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Massive resistance and media suppression : the segregationist response to dissent during the civil rights movement / David J. Wallace.

Location: lax
Call #: E185.61 .W18 2013
Publisher:


Wallace explores the role and methods of media suppression in the South during the civil rights movement and the southern "massive resistance" to integration. Segregationists understood the importance of public opinion to defending their social system, and, as a result, desperately fought to influence how the civil rights movement and segregation were defined for the nation. However, when certain national news coverage and the voices of a minority of southern journalists challenged the growing massive resistance extremism and the arguments used to preserve the "southern way of life," segregationists responded with organized attempts to silence criticism, dissent and public debate within the press. Find out more (catalog link)

Endtimes of human rights / Stephen Hopgood.

Location: lax
Call #: JC571 .H65 2013
Publisher:


In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. Find out more (catalog link)

Civil rights litigation : representing plaintiffs today / Rebecca A. Taylor.

Location: lax
Call #: KF4750 .T37 2013
Publisher:


This book seeks to help lawyers, their clients, and the general public negotiate the field of civil rights law in the social and political climate of America today. Civil Rights Litigation is a step toward sharing information and cooperation between everyone who supports civil rights, including the separate movements, attorneys, their clients, and the general public. Find out more (catalog link)

Defining the struggle : national organizing for racial justice, 1880-1915 / Susan D. Carle.

Location: lax
Call #: KF4757 .C37 2013
Publisher:


Since its founding in 1910--the same year as another national organization devoted to the economic and social welfare aspects of race advancement, the National Urban League--the NAACP has been viewed as the vanguard national civil rights organization in American history. But these two flagship institutions were not the first important national organizations devoted to advancing the cause of racial justice. Instead, it was even earlier groups -- including theNational Afro American League, the National Afro American Council, the National Association of Colored Women, and the Niagara Movement - that developed and transmitted to the NAACP and National Urban League foundational ideas about law and lawyering that these latter organizations would then pursue.With unparalleled scholarly depth, Defining the Struggle explores these forerunner organizations whose contributions in shaping early twentieth century national civil rights organizing have largely been forgotten today. It examines the motivations of their leaders, the initiatives they undertook, and the ideas about law and racial justice activism they developed and passed on to future generations. Find out more (catalog link)

Search and seizure in the public schools / Lawrence F. Rossow and Jacqueline A. Stefkovich.

Location: lax
Call #: KF9630.Z9 R67 2014
Publisher: Education Law Association,


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Thirteen American arguments : enduring debates that define and inspire our country / Howard Fineman.

Location: lax
Call #: E169.1 .F524 2008
Publisher: Random House,


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Social and political foundations of constitutions / edited by Denis J. Galligan, University of Oxford Centre for Socio-Legal Studies; Mila Versteeg, University of Virginia School of Law.

Location: lax
Call #: K3165 .S66 2013
Publisher:


This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives with in-depth case studies from nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives. Find out more (catalog link)

Classical liberal constitution : the uncertain quest for limited government / Richard A. Epstein.

Location: lax
Call #: KF4550 .E69 2014
Publisher:


American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early 20th century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Find out more (catalog link)

American immunity : war crimes and the limits of international law / Patrick Hagopian.

Location: lax
Call #: KF7745 .H34 2013
Publisher:


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Mere machine : the Supreme Court, Congress, and American democracy / Anna Harvey.

Location: lax
Call #: KF8742 .H375 2013
Publisher:


In this groundbreaking new work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings. Analyzing cross-national evidence, Harvey also finds that the rights protections we enjoy in the United States appear to be largely due to the fact that we do not have an independent Supreme Court. In fact, we would likely have even greater protections for political and economic rights were we to prohibit our federal courts from exercising judicial review altogether. Find out more (catalog link)

Supreme Court practice : for practice in the Supreme Court of the United States / Stephen M. Shapiro, Kenneth S. Geller, Timothy S. Bishop, Edward A. Hartnett, Dan Himmelfarb.

Location: lar-nc
Call #: KF9057 .S8 2013
Publisher:


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Tough on hate? : the cultural politics of hate crimes / Clara S. Lewis.

Location: lax
Call #: KF9345 .L49 2013
Publisher:


Tough on Hate is the first book to examine the cultural politics of hate crimes both within and beyond the law. Drawing on a wide range of sources, including personal interviews, unarchived documents, television news broadcasts, legislative debates, and presidential speeches, the book challenges readers to reconsider their understanding of hate crimes and raises startling questions about the trajectory of civil and minority rights. Find out more (catalog link)

Rewriting a constitution : Georgia's shift towards Europe / Wolfgang Babeck, Steven Fish, Zeno Reichebecher ; with an introduction by Avtandil Demetrashvili, chairman of the State Constitutional Commission.

Location: lacom
Call #: KLH205 .B33 2012
Publisher:


This book describes the challenging journey taken by a post-Soviet transition country to strengthen the rule of law, to introduce a more balanced constitution, and to establish a stronger parliament. By order of President Saakashvili, constitutional reform in Georgia was coordinated by a State Commission, however the opposition formed an alternative commission which introduced a counter proposal. The book provides a fascinating behind-the-scenes account of the path to constitutional reform in Georgia in its historical, legal, and political context and includes commentaries by two experts of international constitutional law. It also offers a rare insight into Germany's impressive contribution to legal reform in the southern Caucasus region in recent decades, including active donor coordination, open discussion on constitutional reforms, regional dialogue, and awareness-building campaigns. Find out more (catalog link)

After civil rights : racial realism in the new American workplace / John D. Skrentny.

Location: lax
Call #: HD4903.5.U58 S5697 2014
Publisher:


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Freedom of speech : importing European and US constitutional models in transitional democracies / Uladzislau Belavusau.

Location: lax
Call #: K3254 .B45 2013
Publisher:


This text considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the US and the EU the book offers valuable insights into the ways they have responded to challenges associated with transformation from communism to Western democracy. Find out more (catalog link)

Civic constitution : civic visions and struggles in the path toward constitutional democracy / Elizabeth Beaumont.

Location: lax
Call #: KF4541 .B33 2014
Publisher:


The Civic Constitution provides a compelling case for rethinking the U.S. Constitution. By exploring pivotal struggles over governmental power, individual rights, and the boundaries of citizenship, this book challenges reigning approaches and reveals the profound importance of 'civic founders' who worked to reinvent the constitutional order. Find out more (catalog link)

Cases on constitutional law, selected from decisions of state and federal courts, by James Parker Hall.

Location: lasbst-nc
Call #: KF4549 .H35X
Publisher: West Pub. Co.,


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Constitution of risk / Adrian Vermeule, Harvard Law School.

Location: lax
Call #: KF4550 .V466 2014
Publisher:


This is the first book to combine constitutional theory with the theory of risk regulation. It argues that constitutional rulemaking is best understood as a means of managing political risks, advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive distrust of official power that is prominent in American constitutional history and discourse. Find out more (catalog link)

Beyond race, sex, and sexual orientation : legal equality without identity / Sonu Bedi, Dartmouth College.

Location: lax
Call #: KF4764 .B43 2013
Publisher:


The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection. Laws that discriminate against them are generally unconstitutional. This book argues that such an approach suffers from hitherto unnoticed normative and political problems, and it elucidates a competing, extant interpretation of equal protection jurisprudence. Find out more (catalog link)

Twenty-fifth Amendment : its complete history and applications / John D. Feerick.

Location: lax
Call #: KF5082 .F44 2014
Publisher:


This book focuses on the Twenty-Fifth Amendment - its meaning, legislative history, and applications. The Amendment has been criticized for being vague and undemocratic. It has been praised for making possible swift and orderly successions to the presidency and vice presidency upon the occurence of some of the most extraordinary events in American history. Find out more (catalog link)

Balancing constitutional rights : the origins and meanings of postwar legal discourse / Jacco Bomhoff.

Location: lax
Call #: K247 .B65 2013
Publisher:


The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central. Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law. This book is the first to argue that 'balancing' has always meant radically different things in different settings. Bomhoff uses detailed case studies of early post-war US and German constitutional jurisprudence to show that the same unique language expresses both biting scepticism and profound faith in law and adjudication, and both deep pessimism and high aspirations for constitutional rights. An understanding of these radically different meanings is essential for any evaluation of the work of constitutional courts today. Find out more (catalog link)

Achieving democracy : the future of progressive regulation / Sidney A. Shapiro and Joseph P. Tomain.

Location: lax
Call #: K3840 .S527 2014
Publisher:


Achieving Democracy explains and explores the dynamic and changing nature of contemporary government and the future of the regulatory state. In a critique of the last 30 years of neoliberal government in the United States, Sidney A. Shapiro and Joseph P. Tomain demonstrate how to regain essential democratic losses, under a successful framework of a progressive government, to ultimately construct a good society for all citizens. Find out more (catalog link)

Civil rights in American law, history, and politics / edited by Austin Sarat.

Location: lax
Call #: KF4755 .C58 2014
Publisher:


This title charts the ambiguous and contested meanings of civil rights in law and culture and confronts important questions about race in contemporary America. It brings together the work of five scholars to offer different ways of talking about civil rights now and in the future. Find out more (catalog link)

Law of the executive branch : presidential power / Louis Fisher.

Location: lax
Call #: KF5053 .F57 2014
Publisher:


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Progeny : Justice William J. Brennan's fight to preserve the legacy of New York Times v. Sullivan / Lee Levine and Stephen Wermiel.

Location: lax
Call #: KF8745.B68 W47 2014
Publisher:


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Constitutions in authoritarian regimes / edited by Tom Ginsburg, University of Chicago; Alberto Simpser, University of Chicago.

Location: lax
Call #: K3165 .C63 2014
Publisher:


Constitutions in authoritarian regimes are often denigrated as meaningless exercises in political theater. This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government. It offers an exploration into the constitutions of authoritarian regimes, generating broader insights into the study of constitutions and their functions more generally. Find out more (catalog link)

Constitutional damages worldwide / Ken Cooper-Stephenson.

Location: lax
Call #: K967 .C66 2013
Publisher: Carswell,


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America's forgotten constitutions : defiant visions of power and community / Robert L. Tsai.

Location: lax
Call #: KF4541 .T73 2014
Publisher:


Countering those who treat constitutional law as a single tradition, Tsai argues that the ratification of the Constitution did not quell debate but kindled further conflicts over basic questions of power and community. He explains how the tradition mutated over time, inspiring generations and disrupting the best-laid plans for simplicity and order. Idealists on both the left and right will benefit from reading these cautionary tales. Find out more (catalog link)

Peopling the constitution / John E. Finn.

Location: lax
Call #: KF4550 .F545 2014
Publisher:


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Evangelical origins of the living constitution / John W. Compton.

Location: lax
Call #: KF4869.E93 C66 2014
Publisher:


John Compton shows how evangelicals, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Their early-1800s crusade to destroy property that made immorality possible challenged founding-era legal protections of slavery, lotteries, and liquor sales and opened the door to progressivism. Find out more (catalog link)

Election law and democratic theory / David Schultz.

Location: lax
Call #: KF4886 .S38 2014
Publisher:


This book provides a full-length examination of the political theories and principles and democratic values underlying current election law debates and the regulation of political campaigns and participants in the United States. Topics covered range from campaign finance reform, voting rights, reapportionment and ballot access to the rights of political parties, the media and other players in the system. It challenges much of the current debate in election law and argues for more discussion and development of a democratic political theory to support and guide election law jurisprudence. Find out more (catalog link)

Supreme Court confirmation hearings in the U.S. Senate : reconsidering the charade / Dion Farganis and Justin Wedeking.

Location: lax
Call #: KF8742 .F37 2014
Publisher:


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Understanding Clarence Thomas : the jurisprudence of constitutional restoration / Ralph A. Rossum.

Location: lax
Call #: KF8745.T48 R67 2014
Publisher:


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Criminal procedure : constitutional limitations in a nutshell / by Jerold H. Israel, Wayne R. LaFave.

Location: lapsc
Call #: KF9619.3 .I8 2014
Publisher:


Intended for use by law students of criminal procedure. It is a succinct analysis of the constitutional standards of major current significance. Find out more (catalog link)

Constitutional secularism in an age of religious revival / edited by Susanna Mancini and Michel Rosenfeld.

Location: lax
Call #: K3280 .C66 2014
Publisher:


Traditional models of constitutional secularism have struggled to accommodate the modern revival of religious politics. The concept has been criticised as empty or illegitimate, while political and legal struggles have contested its meaning. This title gathers leading experts to examine the scope and substance of constitutional secularism today. Find out more (catalog link)

Constitutional courts and deliberative democracy / Conrado Hubner Mendes.

Location: lax
Call #: K3370 .M46 2013
Publisher:


It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handling them substantial powers of judicial review. This title provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design. Find out more (catalog link)

Animal cruelty and freedom of speech : when worlds collide / Abigail Perdue and Randall Lockwood.

Location: lax
Call #: KF3841 .P47 2014
Publisher:


A collaboration between an attorney and an animal protection advocate, this work utilizes the extremely controversial and high-profile "crush video" case, "US v. Stevens," to explore how American society attempts to balance the protection of free speech and the prevention of animal cruelty. Starting from the detailed case study of a single prominent ruling, the authors provide a masterful survey of important issues facing society in the area of animal welfare. Find out more (catalog link)

New introduction to American constitutionalism / Mark A. Graber.

Location: lax
Call #: KF4550 .G725 2013
Publisher:


Mark A. Graber explores the fundamental elements of the American constitutional order with particular emphasis on how constitutionalism in the United States is a form of politics and not a means of subordinating politics to law. Find out more (catalog link)

Fourteenth Amendment and the Privileges and Immunities of American Citizenship / Kurt T. Lash.

Location: lax
Call #: KF4558 14th .L37 2014
Publisher:


This exhaustively researched book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment. It follows the evolution in public understanding of 'the privileges and immunities of citizens of the United States', from the early years of the Constitution to the election of 1866. Find out more (catalog link)

Universal rights and the constitution / Stephen A. Simon.

Location: lax
Call #: KF4581 .S57 2014
Publisher:


Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcent the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, this book exposes an overlooked difficulty with opinions rendered by the Supreme Court, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, weakening the foundations of our most cherished rights. Find out more (catalog link)

Rise and decline of American religious freedom / Steven D. Smith.

Location: lax
Call #: KF4783 .S645 2014
Publisher:


Smith argues that the goal of American religious liberty has been ill served by the Supreme Court doctrines of the past half century. No mere diatribe, but a careful critique by a tremendously erudite and subtle scholar, The Rise and Decline of American Religious Freedom is one of the most important books on religious liberty in years. Find out more (catalog link)

Federal jurisdiction / Erwin Chemerinsky.

Location: lax
Call #: KF8858 .C48 2007
Publisher: Wolters Kluwer Law & Business ; Aspen Publishers,


Comprehensive coverage, with clear descriptions and analyses of the doctrines and policies that determine the jurisdiction of the federal courts Chemerinsky's straightforward approach, in which he clearly states the current law; identifies unresolved issues; and examines underlying, competing policy considerations Find out more (catalog link)

Eurozone crisis : a constitutional analysis / Kaarlo Tuori and Klaus Tuori.

Location: lax
Call #: KJC4445 .T86 2014
Publisher:


This is a concise and comprehensive analysis on the Eurozone crisis from a multidimensional constitutional and economic perspective. It discusses the most important constitutional questions about the economic crisis and the proposed solutions raised, both at the level of individual Treaty provisions and constitutional principles. Find out more (catalog link)

Israeli constitutional law in the making / edited by Gideon Sapir, Daphne Barak-Erez and Aharon Barak.

Location: lacom
Call #: KMK1750 .I873 2013
Publisher:


This book offers a comprehensive study of Israeli constitutional law that moves from constitution-making to specific areas of contestation including state/religion relations, national security, social rights, and structural questions of judicial review. Find out more (catalog link)

Colonial and post-colonial constitutionalism in the commonwealth : peace, order and good government / Hakeem O. Yusuf.

Location: lax
Call #: K3165 .Y87 2014
Publisher:


The peace, order and good government (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions. This book is a full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when seen against a modern setting of human rights, liberty, and democratization. Find out more (catalog link)

Historic preservation law in a nutshell / by Sara C. Bronin (Professor of Law, Faculty Director, Center for Energy and Environmental Law, University of Connecticut School of Law), Ryan Rowberry (Assistant Professor of Law, Associate Director, Center for t

Location: lapsc
Call #: KF4310 .B76 2014
Publisher:


Historic Preservation in a Nutshell provides the first-ever in-depth summary of historic preservation law within its local, state, tribal, federal, and international contexts. Historic Preservation is a burgeoning area of law that includes aspects of property, land use, environmental, constitutional, cultural resources, international, and Native American law. This book covers the primary federal statutes, and many facets of state statutes, dealing with the protection and preservation of historic resources. It also includes key topics like the designation process, federal agency obligations, local regulation, takings and other constitutional concerns, and real estate development issues. Find out more (catalog link)

Six amendments : how and why we should change the Constitution / John Paul Stevens.

Location: lax
Call #: KF4557 .S74 2014
Publisher:


Detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, Six Amendments is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense. Find out more (catalog link)

Citizens divided : campaign finance reform and the constitution / Robert C. Post ; with commentary by Pamela S. Karlan, Lawrence Lessig, Frank Michelman, Nadia Urbinati.

Location: lax
Call #: KF4920 .P67 2014
Publisher:


The Supreme Court's 5-4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert C. Post offers a new constitutional theory that seeks to reconcile these sharply divided camps. Find out more (catalog link)

Privilege of silence : Fifth Amendment protections against self-incrimination / Steven M. Salky and Paul B. Hynes, Jr.

Location: lax
Call #: KF9668 .S25 2014
Publisher:


This book explains the contours of the Fifth Amendment privilege against self-incrimination in practice, providing a guide for both the civil litigator, as well as the criminal lawyer. The Privilege of Silence organizes the relevant case law so that lawyers may advise and represent their clients by focusing on the practical aspects of Fifth Amendment assertions in all proceedings. Find out more (catalog link)

Lawyering for the rule of law : government lawyers and the rise of judicial power in Israel / Yoav Dotan.

Location: lacom
Call #: KMK2244 .D68 2014
Publisher:


Lawyering for the Rule of Law introduces a new model of government lawyering in which government lawyers function as an ancillary mechanism that enables the court to expand its influence on policy-making within the political branches by forming out-of-court settlements. It discusses the centrality of government lawyers with regard to judicial mobilization and the enforcement of social reforms through adjudication, and sheds light on particular functions of government lawyers as adjudicators and facilitators of institutional arrangements. Find out more (catalog link)

Constitutionalism in global constitutionalisation / Aoife O'Donoghue.

Location: lax
Call #: K3165 .O32 2014
Publisher:


This book considers the manner in which the global constitutionalisation debate has neglected constitutionalism within its proposals. It examines the role normative constitutionalism plays within a constitutionalisation process, and considers the use of community at both the domestic and global governance levels to identify the holders of constituent and constituted power within a constitutional order. In doing so this analysis offers an alternative narrative for global constitutionalisation based within normative constitutionalism. Find out more (catalog link)

Advanced introduction to comparative constitutional law / Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University, USA.

Location: lax
Call #: K3165 .T87 2014
Publisher:


Mark Tushnet presents an introduction to comparative constitutional law through an analysis of topics at the cutting edge of contemporary scholarship. This authoritative study investigates constitution making, including the problem of unconstitutional constitutional amendments; recent developments in forms of constitutional review, including 'the battle of the courts'; proportionality analysis and its alternatives; and the emergence of a new 'transparency' branch in constitutions around the world. Find out more (catalog link)

Right to freedom of religion or belief in muslim majority countries : a comparative analysis Patrick N. Walsh, Editor

Location: lax
Call #: KBP2472 .R54 2013
Publisher:


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Judging the Boy Scouts of America : gay rights, freedom of association, and the Dale case / Richard J. Ellis.

Location: lax
Call #: KF229.D35 E43 2014
Publisher:


The story of how Eagle Scout and assistant scoutmaster James Dale's decision to come out as a gay man led to a historic Supreme Court case. Find out more (catalog link)

Uncertain justice : the Roberts Court and the Constitution / Laurence Tribe and Joshua Matz.

Location: lax
Call #: KF4550 .T789 2014
Publisher:


Tribe--one of the country's leading constitutional lawyers--and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated.Filled with original insights and compelling human stories, "Uncertain Justice" illuminates the most colorful story of all--how the Supreme Court and the Constitution frame the way we live. Find out more (catalog link)

Supreme Court agenda setting : strategic behavior during case selection / Udi Sommer.

Location: lax
Call #: KF8742 .S586 2014
Publisher:


Much research is devoted to the decision-making power and precedent set by the Supreme Court. Less attention, however, is given to the strategic behavior during case selection. This book argues that case selection is done strategically, and by means of various criteria - influencing its constitutional position and importance. Find out more (catalog link)

Scalia : a court of one / Bruce Allen Murphy.

Location: lax
Call #: KF8745.S33 M87 2014
Publisher:


An authoritative, deeply researched biography of the most controversial and outspoken Supreme Court justice of our time and how he chose to be "right" rather than influential. Find out more (catalog link)

Mississippi State Constitution / John W. Winkle III ; foreword by William F. Winter.

Location: lacom
Call #: KFM7001 1890.A6 W56 2014
Publisher:


In this work, John W. Winkle III explores constitutional meaning in Mississippi, both past and present, and shows how, through their own interpretations, judges and other government actors have shaped that meaning. Find out more (catalog link)

South Dakota State Constitution / Patrick M. Garry.

Location: lacom
Call #: KFS3401 1889.A6 G37 2014
Publisher:


Provides the complete text of the state's current constitution, with each section accompanied by commentary that explains the provision and traces its origins and its interpretation by the courts and by other governmental bodies. Offering in-depth, section-by-section analysis of the entire constitution, it shows the many significant changes within the state of South Dakota that have been made since the constitution's initial drafting. Find out more (catalog link)

Virginia State Constitution / John Dinan.

Location: lacom
Call #: KFV2801 1970 .A6 D56 2014
Publisher:


This text provides a detailed history of the Virginia Constitution, with particular attention to key moments in Virginia constitutional development, from the 1776 Constitution through the current 1971 Constitution. Find out more (catalog link)

Federalism and subsidiarity / edited by James E. Fleming and Jacob T. Levy.

Location: lax
Call #: K203 .N64 v.55
Publisher:


In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. Find out more (catalog link)

Child cases : how America's religious exemption laws harm children / Alan Rogers.

Location: lax
Call #: KF9323 .R64 2014
Publisher:


Through close analysis of seven cases, legal historian Alan Rogers explores the conflict between religious principles and secular laws that seek to protect children from abuse and neglect. Find out more (catalog link)

How sex became a civil liberty / Leigh Ann Wheeler.

Location: lax
Call #: HQ18.U5 W49 2012
Publisher: Oxford University Press,


How Sex Became a Civil Liberty shows how we came to see sexual expression, sexual practice, and sexual privacy as fundamental rights enshrined in the Constitution, thanks to the work of ACLU leaders and attorneys who forged legal principles that advanced the sexual revolution. Find out more (catalog link)

Religion, charity and human rights / Kerry O'Halloran, Queensland University of Technology.

Location: lax
Call #: K3280 .O33 2014
Publisher:


Focusing on the contemporary struggle to achieve a triangulated alignment between religious beliefs, human rights and charity law, this comparative analysis of law and practice in six common law nations identifies and assesses the issues currently challenging judiciary, regulators and religious charities. Find out more (catalog link)

Constitutional foundations of judicial review / Mark Elliott.

Location: lax
Call #: KD4902 .E55 2001
Publisher: Hart Pub.,


. The book seeks to develop a constitutional rationale for judicial review which founds its legitimacy in core principles such as the rule of law, the separation of powers and the sovereignty of Parliament. It presents a detailed analysis of the interface between constitutional and administrative law, and will be of interest to all public lawyers. Find out more (catalog link)

Great dissent : how Oliver Wendell Holmes changed his mind--and changed the history of free speech in America / Thomas Healy.

Location: lax
Call #: KF224.A34 H43 2013
Publisher:


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Constitutional conflicts between Congress and the President / Louis Fisher.

Location: lax
Call #: KF4565 .F57 2014
Publisher:


A classic on the separation of powers, this book dissects the crucial constitutional disputes between the executive and legislative branches from the Constitutional Convention to the present day. New material includes military tribunals and NSA eavesdropping , disputes over executive orders, state secrets privilege, and post-9/11 wars in Afghanistan and Iraq. Find out more (catalog link)

Nevada State Constitution / Michael W. Bowers ; foreword by Frankie Sue del Papa.

Location: lax
Call #: KFN1001 1864.A6 B688 2014
Publisher:


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Constitutional systems of the Commonwealth Caribbean : a contextual analysis / Derek O'Brien.

Location: lacom
Call #: KGL5548 .O27 2014
Publisher:


This text offers a comprehensive contextual analysis of the constitutional systems of the Commonwealth Caribbean taking into account the region's colonial past as well as considering notable developments that have occurred since independence. Find out more (catalog link)

Constitution of Israel : a contextual analysis / Suzie Navot.

Location: lacom
Call #: KMK1750 .N383 2014
Publisher:


he book's main themes include: constitutional principles; the legislature and the electoral system; the executive; the protection of fundamental rights and the crucial role of the Supreme Court in Israel's constitutional discourse. It further presents Israel's unique aspects as a Jewish and democratic state, and its ongoing search for the right balance between human rights and national security. Find out more (catalog link)

Cosmopolitan constitution / Alexander Somek.

Location: lax
Call #: K3165 .S658 2014
Publisher:


This book looks at the changes of the foundations of constitutional authority since the eighteenth century. Somek argues that post WWII, people are no longer the fountain of authority, instead the new commitment to human rights and the 'peer review system' among nations, marks the advent of the cosmopolitan constitution. Find out more (catalog link)

First Amendment and the business corporation / Ronald J. Colombo.

Location: lax
Call #: KF1416 .C65 2014
Publisher:


The First Amendment and the Business Corporation explores the means by which the debate over the First Amendment rights of business corporations can be resolved. By recognizing that corporations possess constitutionally relevant differences, we discover a principled basis by which to afford some corporations the rights and protections of the First Amendment but not others. This is critically important, because a "one-size-fits-all" approach to corporate constitutional rights seriously threatens either democratic government or individual liberty. Find out more (catalog link)

Mass communication law in a nutshell / by T. Barton Carter, Professor of Communication and Law, Chairman, Department of Mass Communication, Advertising and Public Relations, College of Communication, Boston University; Juliet Lushbough Dee, Associate Prof

Location: lapsc
Call #: KF2750.Z9 M37 2014
Publisher:


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Undoing Plessy : Charles Hamilton Houston, race, labor, and the law, 1895-1950 / by Gordon Andrews.

Location: lax
Call #: KF373.H68 A53 2014
Publisher:


Looks at the manner in which African Americans countered racialized impediments, attacking their legal underpinnings during the first half of the twentieth century. Specifically, this book explores the professional life of Charles Hamilton Houston, and the way it informs our understanding of change in the pre-Brown era. Find out more (catalog link)

Constitutional failure / Sotirios A. Barber.

Location: lax
Call #: KF4550 .B259 2014
Publisher:


A critical analysis of the historical and contemporary failures of the US Constitution, and, carefully balanced guidance on the paths to reform and constitutional success. Find out more (catalog link)

Experiencing same-sex marriage : individuals, couples and social networks / Pamela J. Lannutti.

Location: lax
Call #: HQ1033 .L36 2014
Publisher:


This book provides an understanding of how the legal and cultural debates and advances and limitations on same-sex marriage are experienced by gay, lesbian, bisexual, and transgender (GLBT) people, same-sex couples, and their social networks. Find out more (catalog link)

Comparative matters : the renaissance of comparative constitutional law / Ran Hirschl.

Location: lax
Call #: K3165 .H575 2014
Publisher:


Charting the history and analytical underpinnings of comparative constitutional inquiry, this book probes the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages. It explores how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Find out more (catalog link)

Passenger Cases and the commerce clause : immigrants, blacks, and states' rights in antebellum America / Tony Allan Freyer.

Location: lax
Call #: KF8742 .F74 2014
Publisher:


In The Passenger Cases and the Commerce Clause Tony Allan Freyer focuses on the antebellum Supreme Court's role prescribing state-federal regulation of immigrants, the movement of free blacks within the United States and on the origins, state court decisions, federal precedents, appellate arguments, and opinion-making that culminated in the Court's decision of the Passenger Cases. Find out more (catalog link)

Outlawing genocide denial : the dilemmas of official historical truth / Guenter Lewy.

Location: lax
Call #: KZ7180 .L49 2014
Publisher:


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Free expression, globalism and the new strategic communication / Monroe E. Price, Annenberg School for Communication, University of Pennsylvania.

Location: lax
Call #: K3253 .P75 2014
Publisher:


Building on examples drawn from the Arab Spring, the shaping of the internet in China, Iran's perception of foreign broadcasting, and Russia's media interventions, this book exposes the anxieties of loss of control and the missed opportunities for greater freedom of expression that result from the vast changes in technologies and geopolitics. Find out more (catalog link)

Global environmental constitutionalism / James R. May and Erin Daly.

Location: lax
Call #: K3585 .M383 2015
Publisher:


Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water and land, and that their constitution should guarantee environmental rights. This book examines the increasing recognition that the environment is a subject for protection in constitutional texts and for vindication by constitutional courts. Find out more (catalog link)

Critical debates on counter-terrorism judicial review / edited by Fergal F. Davis and Fiona de Londras.

Location: lax
Call #: K5256 .C75 2013
Publisher:


Is judicial review an effective and appropriate way to regulate counter-terrorism measures? Some argue that the judiciary is ill-equipped to examine such measures, for instance because they lack the expertise of the institutions which bring them about under exigent conditions. Others claim that subjecting counter-terrorism measures to judicial review is crucial for maintaining a jurisdiction's principles of constitutionalism. This volume brings together voices from all sides of the debate from a broad range of jurisdictions, from North America, Europe and Australasia. Find out more (catalog link)

Foreign law? : Congress v. the Supreme Court / Christopher Roberts.

Location: lax
Call #: KF358 .R63 2014
Publisher:


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Eureka myth : creators, innovators, and everyday intellectual property / Jessica Silbey.

Location: lax
Call #: KF2979 .S59 2015
Publisher:


In 1789, the Constitution enshrined protections for authors and inventors. Yet we still debate the merits of intellectual property laws and whether they work as intended. What facilitates innovation and creativity in our digital age? What role does IP play in promoting innovation and creativity in the United States? Silbey cuts through the current debates and goes straight to the source: the artists and innovators themselves. By centering on accounts of creative and innovative work provided by artists, scientists, their employers, managers, and lawyers, The Eureka Myth breaks new ground. In doing so, it draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity, innovation, and IP. Find out more (catalog link)

Workplace constitution from the New Deal to the New Right / Sophia Z. Lee.

Location: lax
Call #: KF3369 .L368 2014
Publisher:


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Force of law / Frederick Schauer.

Location: lax
Call #: K579.D8 S33 2015
Publisher:


As citizens of liberal democratic countries, we think that we live under the rule of law. Governments make the rules, we live by them, and the police enforce them. The Force of Law critically examines these assumptions. Criminologist Mariana Valverde makes clear that while the law is usually regarded as the civilized, nonviolent way to deal with harms and conflicts, violence is integral to it. Police are authorized to handcuff, tase, and even kill people; courts of law confine people to prison and, in some countries, the state can put people to death. The Force of Law stimulates readers to become more informed about law and law enforcement and more active in efforts to make policing accountable to the public. Find out more (catalog link)

Social foundations of world trade : norms, community, and constitution / Sungjoon Cho.

Location: lax
Call #: K3943 .C517 2014
Publisher:


In the post-crisis, 'new normal' world, scholars are increasingly exploring world trade and globalisation narratives which are alternatives to the conventional neoliberal, Washington Consensus theories. Sungjoon Cho responds to this contemporary intellectual demand by reconstructing the world trading system from a 'social' perspective. Find out more (catalog link)

Ideas with consequences : the Federalist Society and the conservative counterrevolution / Amanda Hollis-Brusky.

Location: lax
Call #: KF294.F43 H65 2015
Publisher:


The Federalist Society takes no positions, files no lawsuits, lobbies no legislators, and gives no political contributions. It is a debating society-though perhaps the most important one in American constitutional history since Hamilton, Jefferson, and Madison had dinner by themselves. In Ideas with Consequences, Amanda Hollis-Brusky shows how a loosely-organized group of lawyers, students, and professors with little of the conventional signs of political power have had such a profound influence on constitutional law. Find out more (catalog link)

Mea culpa : lessons on law and regret from U.S. history / Steven W. Bender.

Location: lax
Call #: KF4749 .B39 2015
Publisher:


In Mea Culpa, Steven W. Bender examines how the United States' collective shame about its past has shaped the evolution of law and behavior. We regret slavery and segregationist Jim Crow laws: we craft our legislation in response to that regret. By examining policies and practices that affected the lives of groups that have been historically marginalized and oppressed, Bender is able to draw persuasive connections between shame and its eventual legal manifestations. Find out more (catalog link)

Due process of lawmaking : the United States, South Africa, Germany, and the European Union / Susan Rose-Ackerman, Yale University; Stefanie Egidy, Max-Planck Institute for Research on Collective Goods, Bonn, Germany; James Fowkes, University of Pretoria,

Location: lax
Call #: KF4765 .R67 2015
Publisher:


This comparative study explores the law of lawmaking in the United States, South Africa, Germany, and European Union based on three principles of legitimacy: democracy, rights, and competence. The book deals with policymaking in the legislative and executive branches, demonstrating the interplay between constitutional principles, political imperatives, and judicial review. Find out more (catalog link)

Legitimate targets? : social construction, international law and US bombing / Janina Dill.

Location: lax
Call #: KZ6695 .D55 2015
Publisher:


Legitimate Targets? examines the different 'logics' of waging war which are demanded by strategic military considerations, international law, and contemporary moral standards. Dill's analysis explains the connections between legality, morality and strategy on the twenty-first-century battlefield. This book will appeal to scholars in international relations, international law and ethics. Find out more (catalog link)