Great Cases in Constitutional LawRobert P. George Princeton University Press, 2000 M03 19 - 206 páginas Slavery, segregation, abortion, workers' rights, the power of the courts. These issues have been at the heart of the greatest constitutional controversies in American history. And in this concise and thought-provoking volume, some of today's most distinguished legal scholars and commentators explain for a general audience how five landmark Supreme Court cases centered on those controversies shaped the country's destiny and continue to affect us even now. The book is a profound exploration of the Supreme Court's importance to America's social and political life. It is also, as many of the contributors show, an intriguing reflection of what some have seen as an important trend in legal scholarship away from an uncritical belief in the essentially benign nature of judicial power. |
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... Theory of Judicial Supremacy Mark Tushnet 17 CHAPTER Two " Despotism in Some Form " : Marbury v . Madison Jeremy Waldron 55 CHAPTER THREE Dred Scott v . Sandford and Its Legacy Cass R. Sunstein 64 CHAPTER FOUR Politics and Judicial ...
... theory . " It therefore did not matter , as far as he was concerned , whether he or other judges approved or disapproved of the theory animating New York's lim- itation of working hours . The matter was one for legislative , not ...
... theory of constitutional interpretation is simply disqualified if it cannot support the decision in Brown . Yet , Earl Maltz argues in his contribution to our volume , it is difficult— perhaps impossible — to justify Brown on a theory ...
... theory , see the Introduction to his volume of essays entitled Free- dom's Law : The Moral Reading of the American Constitution ( Cambridge , Mass .: Harvard University Press , 1996 ) . For another noteworthy recent defense of the " pro ...
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God, Locke, and Equality: Christian Foundations in Locke's Political Thought Jeremy Waldron Vista previa limitada - 2002 |