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. |
Dentro del libro
... Lochner v . New York and the Cast of Our Laws Hadley Arkes 94 CHAPTER SIX The Substance of Process : Lochner v . New York Donald Drakeman 130 CHAPTER SEVEN Brown v . Board of Education and “ Originalism ” Earl Maltz 136 CHAPTER EIGHT ...
... Lochner era of American constitutional ju- risprudence began when the Court handed down a decision in- validating a New York state law limiting to sixty the number of hours in a week that bakery owners could " require or permit " their ...
Robert P. George. private interests of Lochner's employees , and did so in an illegiti- mately paternalistic manner . Four Justices dissented in Lochner , including Justice Oliver Wen- dell Holmes , whose dissenting opinion is considered ...
... Lochner , requires much more subtle and searching analysis than " positivist " critics of ' judi- cial activism " typically imagine . The opprobrium in which the Supreme Court came to be held as a result of its Lochner era jurisprudence ...
... Lochner era legitimacy ? Maltz bites the bullet and argues that it does . Brown is Lochnerizing , albeit in a " good cause . " But by legitimizing judicial liberation from a juris- prudence of " original understanding , " the Brown ...
Otras ediciones - Ver todas
Términos y frases comunes
Referencias a este libro
God, Locke, and Equality: Christian Foundations in Locke's Political Thought Jeremy Waldron Vista previa limitada - 2002 |