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Euroconstitutionalism and its Discontents
This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as co...
The Judge
There is no book of political strategy more canonical than Niccolò Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting...
American Difference
Examining democracies from a comparative perspective helps us better understand why politics—or, as Harold Lasswell famously said, "who gets what, when, and how"—differ among democracies. American Difference: A Guide to American Politics in Comparative Perspective takes the reader through different aspects of democracy—political culture, institutions, interest groups, political parties, and elections—and, unlike other works, explores how the United States is both different from and similar to other democracies. The fully updated Second Edition has been expanded to include several new chapters and discussion on civil liberties and civil rights, constitutional arrangements, elections and electoral institutions, and electoral behavior. This edition also includes data around the 2016 general election and 2018 midterm election.
Slave Law in the American South
Tying together legal, historical, social, political and literary strands to show how the law itself was implicated in the persistence of slavery, this work sheds new light on slavery and Southern history, as it probes the conscience of a troubled jurist incapable of fully transcending his times.
The Slaughterhouse Cases
While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.
The Miracle Case
Examines the Supreme Court's unanimous 1952 decision in favor of a film exhibitor who had been denied a license to show the controversial Italian film, Il Miracolo. The ruling was a watershed event in the history of film censorship, ushering in a new era of mature--and sophisticated--American filmmaking.
Sexual Harassment and the Law
"This is much more than a story of a single case. It provides a panoramic overview of the role of work in women's lives, a succinct history of employment discrimination law, and a penetrating analysis of the evolution of our views of sexual harassment in the workplace."--Karen O'Connor, author of Women, Politics, and American Society"After Vinson, nothing was the same. Cochran does a masterful job of setting the case in its historical context and exploring its legal impact."--Judith A. Baer, author of Our Lives before the Law: Constructing a Feminist Jurisprudence "Cochran is an exceptional raconteur and his book is comprehensive, thorough, and wonderfully forward-looking."--Nancy Levit, author of The Gender Line: Men, Women, and the Law.
Weak Courts, Strong Rights
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, a...
Murder in Mississippi
Few episodes in the modern civil rights movement were more galvanizing than the 1964 brutal murders of Michael Schwerner, Andrew Goodman, and James Chaney. As we approach the 40th anniversary of the murders in June 2004, "Murder in Mississippi" provides a timely and telling reminder of the vigilance democracy requires if its ideals are to be fully realized.
