The Supreme Court Phalanx

The Supreme Court Phalanx
Author: Ronald Dworkin
Publisher: New York Review of Books
Total Pages: 91
Release: 2008
Genre: Abortion
ISBN: 1590172930

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"A New York Review Books collection"--Cover.

A Bill of Rights for Britain

A Bill of Rights for Britain
Author: Ronald Dworkin
Publisher: Vintage
Total Pages: 72
Release: 1990
Genre: Law
ISBN:

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Fundamentalism in American Religion and Law

Fundamentalism in American Religion and Law
Author: David A. J. Richards
Publisher: Cambridge University Press
Total Pages:
Release: 2010-03-15
Genre: Law
ISBN: 1139484133

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Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.

Losing Twice

Losing Twice
Author: Emily M. Calhoun
Publisher: Oxford University Press
Total Pages: 185
Release: 2011-04-06
Genre: Law
ISBN: 019991043X

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Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Given our adversarial system, the way that rights cases are decided means that regardless of whether a losing side has committed any actions that cause harm to others, they typically suffer unnecessary harm as a consequence of decisions. In areas such as affirmative action and gay rights, the losers are essentially punished for losing despite neither intending nor causing injury. In Losing Twice, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers. But for this to happen, Calhoun contends, the role of judges needs to be reconceptualized. She contends that the Court should not perceive itself simply as an adversarial forum, but also as a 'transactional' one, where losers are not simply losers but participants in a process capable of addressing and ameliorating the effects that come with loss. Filled with lucid discussions of well known cases, Losing Twice offers an intellectually powerful argument for transforming the decision-making process in Constitutional rights disputes.

Accountability in the Contemporary Constitution

Accountability in the Contemporary Constitution
Author: Nicholas Bamforth
Publisher: OUP Oxford
Total Pages: 432
Release: 2013-11-14
Genre: Law
ISBN: 0191648949

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Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance in contemporary circumstances with the declining power of social deference, the expanding reach of populist accountability mechanisms, and the increasing willingness of citizens to find mechanisms for challenging official decision-making. These essays, by public law scholars, seek to explore how ideas of and mechanisms associated with accountability play a part in the contemporary constitution. While the majority of contributors concentrate on the United Kingdom, others provide comparative discussion with particular reference to the United States and aspects of European Union law. The main focus of the volume is the contemporary UK constitution. Chapters are included which analyse the historical context (including the role of Dicey), common law constitutionalism, the constitutional role of Parliament, the constitutional role of the courts, judicial accountability, human rights protection under the constitution and the contribution of non-judicial accountability mechanisms. Further chapters explore the public service principle, the impact of new public management on public service delivery, and the relationship between accountability and regulation. Finally accountability is discussed in the light of constitutional reform including the challenges posed by the 'multi-layered' government at the supra national level of EU membership and sub-national national levels of devolution and local government.

Thinking about Law and Ethics

Thinking about Law and Ethics
Author: Ellsworth L. Fersch
Publisher: iUniverse
Total Pages: 190
Release: 2007-11
Genre: Business & Economics
ISBN: 0595476732

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This volume provides a clear and compelling introduction to the most controversial moral and legal problems in society. Focusing on ethical and legal decision making, it directs attention to the issues raised by the general public and by students of law, philosophy, justice, and social policy. Some frequently asked questions and examples address basic life and death issues: abortion and infanticide; care of children, at risk because of predatory priests or alternatives to medicine; capital punishment, in general and excluding juveniles and the mentally retarded; right to die, including physician-assisted suicide and euthanasia. Other frequently asked questions and examples address administrative practices: affirmative action, especially in higher education; professional conduct of lawyers, doctors, and educators; sexual conduct, including homosexual behavior and same-sex marriage; privacy, as a personal problem and a Constitutional right. The materials examine many controversies in ethical and legal decision making: where competing moral and ethical values come from; how to balance reason and faith as significant factors; what the role of personal religious, political, and philosophical views is in deciding; which method is of use in interpreting the U.S. and State Constitutions; what factors to use in the confirmation of Justices and others; the importance of stability v. the necessity for change in addressing moral problems; whether legislatures or courts can better solve contemporary problems; the wide variety of views of ethical and legal decision making. The extensive bibliography directs students and the public interested in further material to the important world where ethics and law, morality and public policy interact. This brief and readable book is the first place to look for what most people want to know about law and ethics.