Federal Courts in Context

Federal Courts in Context

Author: Erwin Chemerinsky

Publisher: Aspen Publishing

Published: 2023

Total Pages: 1372

ISBN-13: 1543850316

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Federal Courts deservedly has the reputation of being an exceptionally difficult course, and this book is designed to make it accessible to students by providing the context of cases and doctrines, as well as explaining their relevance to the issues being litigated in the 21st century. Federal Courts in Context supports what pedagogic research calls "deep learning." It does so by framing federal jurisdiction and structural constitutional law using clear, concise explanations of the social and historical context of canonical cases to reveal the concrete stakes of traditional debates about federal judicial power. The result is an engaging, accessible, and richly textured account of the subject supporting not only more sophisticated doctrinal and jurisprudential analysis, but also the necessary foundation for inclusive pedagogy in the training of diverse 21st century lawyers. The focus is on canonical cases and their context rather than notoriously dense treatise-like material common to other books in the field. The book is also organized to dovetail with Erwin Chemerinsky's Federal Jurisdiction to maximize the accessibility of the casebook content and learning outcomes. Benefits for instructors and students: Structured to pair with the most commonly used secondary reference in the field, Erwin Chemerinsky's Federal Jurisdiction Focuses on canonical cases and excerpts rather than long, dense notes and treatise-like material Directly addresses the structural constitutional significance of the Civil War, Reconstruction Amendments, and the retreat from Reconstruction for federalism, the modern Court's federalism revival, and separation of powers Makes explicit the influences of Indian Removal, allotment, and the late nineteenth century extension of American empire on doctrines of sovereignty, jurisdiction, plenary power, and non-Article III courts Provides interdisciplinary contextualization of the labor movement, the New Deal, and the reproductive rights movement to enrich analysis of reverse-Erie cases, the rise of the administrative state, agency adjudication, and standing Marries doctrinal and theoretical precision about the course's core concepts (federalism, separation of powers, the Supremacy Clause, and jurisdiction) with legal realist sensibilities and attention to how ordinary people are affected by structural constitutional law, rather than abstractions, Socratic questions without answers, or other pedagogic techniques divorced from the research on deep learning


Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023 [2 volumes]

Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023 [2 volumes]

Author: John R. Vile

Publisher: Bloomsbury Publishing USA

Published: 2023-10-19

Total Pages: 767

ISBN-13: 1440879532

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Written by a leading scholar of the constitutional amending process, this two-volume encyclopedia, now in its fifth edition, is an indispensable resource for students, legal historians, and high school and college librarians. This authoritative reference resource provides a history and analysis of all 27 ratified amendments to the Constitution, as well as insights and information on thousands of other amendments that have been proposed but never ratified from America's birth until the present day. The set also includes a rich bibliography of informative books, articles, and other media related to constitutional amendments and the amending process.


Polarization and Deep Contestations

Polarization and Deep Contestations

Author: Tanja A. Börzel

Publisher: Oxford University Press

Published: 2024-08-06

Total Pages: 305

ISBN-13: 0198916469

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This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Academic and offered as a free PDF download from OUP and selected open access locations. This book explores the deep contestations of the liberal script in the contemporary United States from a variety of perspectives. US democracy today is in crisis because of a profound ideological and affective polarization. The chapters in this volume show that Donald Trump's grip on the Republican Party is a symptom and a catalyst, but not the cause, of the contemporary contestations of the liberal script in the US. To discern their major drivers from a longue durée perspective, each chapter takes a step back and asks three main questions: (1) How can we best describe the current contestations of the liberal script in the US, exploring the extent to which the US is unique in comparison to other liberal democracies facing similar contestations? (2) What are the main drivers and root causes that explain the current contestations and the crisis of American democracy they may precipitate? (3) What are the likely consequences for the future of American democracy? The conclusions do not lead us to expect a return to "the norm" of internal contestations of the liberal script that are common in liberal democracies and have characterized the US throughout its history. Political, economic, and cultural polarization is by now deeply entrenched in American society and is eroding "mutual toleration" as the basis of American democracy. In other words, the resilience of US liberal democracy is at stake. It is unlikely that we will see the US liberal script bounce back in the near future. This volume has emerged from research carried out as part of the Cluster of Excellence "Contestations of the Liberal Script - SCRIPTS", which analyzes the contemporary controversies about liberal ideas, institutions, and practices on the national and international level from a historical, global, and comparative perspective. It connects academic expertise in the social sciences and area studies and collaborates with research institutions in all world regions. Operating since 2019 and funded by the German Research Foundation (DFG), SCRIPTS unites eight major Berlin-based research institutions: Freie Universität Berlin, the Humboldt-Universität zu Berlin, the Berlin Social Science Center (WZB), the Hertie School, the German Institute for Economic Research (DIW), the Berlin branch of the German Institute of Global and Area Studies (GIGA), the Centre for East European and International Studies (ZOiS), and the Leibniz-Zentrum Moderner Orient (ZMO).


Stench

Stench

Author: David Brock

Publisher: Knopf

Published: 2024-09-17

Total Pages: 316

ISBN-13: 0593802152

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A blistering exposé of Clarence Thomas and the conservative regime of corruption that has usurped the Supreme Court—by a Democratic activist and former Republican political operative Public confidence in the Supreme Court has plummeted to new lows in the last few years—and for good reason. In the past three decades, six conservative justices have gained a supermajority through questionable means: a dubious intervention in a presidential election, perjury during Senate testimony, and a GOP Senate Leader’s unethical blockade of a Supreme Court nomination. Behind this strategic dismantling of our Supreme Court is a vast, well-funded political machine—backed by the extreme right-wing Federalist Society, the notoriously secretive Catholic organization Opus Dei, and GOP megadonors operating from behind closed doors. Armed with an insider’s perspective from his time within the conservative movement, David Brock reveals how the efforts to stack the Court in service of extreme right-wing interests stem from a decades-long strategy to weaponize our judicial system into an extension of the Republican Party itself. Stench investigates the ethics scandals that surround Clarence Thomas and his wife, the right-wing activist Ginni Thomas, culling new material from Thomas’s accusers, along with original reporting and Brock’s firsthand knowledge of the inner workings of the GOP. Stench is a staggering exposé, one that only Brock could write—exhaustive in its research and revelatory in its access to the world of what has effectively become the Thomas Court.


The Indigo Book

The Indigo Book

Author: Christopher Jon Sprigman

Publisher: Lulu.com

Published: 2017-07-11

Total Pages: 203

ISBN-13: 1892628023

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This public domain book is an open and compatible implementation of the Uniform System of Citation.


How Rights Went Wrong

How Rights Went Wrong

Author: Jamal Greene

Publisher: Houghton Mifflin

Published: 2021

Total Pages: 341

ISBN-13: 1328518116

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An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.


The Power of Precedent

The Power of Precedent

Author: Michael J. Gerhardt

Publisher: Oxford University Press

Published: 2011

Total Pages: 353

ISBN-13: 0199795797

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The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.