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David Faigman's Constitutional Fictions is the first book-length examination of the role of fact-finding in constitutional cases. Because the role of facts is central to the day-to-day realities of constitutional law, Faigman provides an extraordinarily important analysis of a subject that has been largely ignored by constitutional scholars. To show how contemporary facts play into constitutional analysis, Faigman examines some of the most controversial subjects of the late twentieth century, including physician-assisted suicide, abortion, sexual predators, free speech, and privacy. The Constitution is popularly thought of as a static document that embodies fundamental values and foundational principles of governance. However, the values and principles that the Constitution embodies must be applied to the circumstances and challenges of changing times. Constitutional Fictions explains how contemporary facts should be incorporated into constitutional decisions, thus allowing the Constitution to endure for the ages.
75 years ago, an alien fleet attacked Earth. Without warning. Without mercy. We were not prepared. Then the aliens abruptly left. We rebuilt. We armed ourselves. We swore: never again. The aliens never came back ... until now ... It's the year 2650. With overwhelming force the aliens have returned, striking deep into our territory, sending Earth into a panic. Our new ships burn like straw. All our careful preparations are wasted. Only one man, one crew, and the oldest starship in the fleet stand between the Earth and certain destruction: ISS Constitution.
In 1973, a young filmmaker named George Lucas scribbled some notes for a far-fetched space-fantasy epic. Some forty years and 37 billion later, Star Wars -- related products outnumber human beings, a growing stormtrooper army spans the globe, and "Jediism" has become a religion in its own right. Lucas's creation has grown into far more than a cinematic classic; it is, quite simply, one of the most lucrative, influential, and interactive franchises of all time. Yet incredibly, until now the complete history of Star Wars -- its influences and impact, the controversies it has spawned, its financial growth and long-term prospects -- has never been told. In How Star Wars Conquered the Universe, veteran journalist Chris Taylor traces the series from the difficult birth of the original film through its sequels, the franchise's death and rebirth, the prequels, and the preparations for a new trilogy. Providing portraits of the friends, writers, artists, producers, and marketers who labored behind the scenes to turn Lucas's idea into a legend, Taylor also jousts with modern-day Jedi, tinkers with droid builders, and gets inside Boba Fett's helmet, all to find out how Star Wars has attracted and inspired so many fans for so long. Since the first film's release in 1977, Taylor shows, Star Wars has conquered our culture with a sense of lightness and exuberance, while remaining serious enough to influence politics in far-flung countries and spread a spirituality that appeals to religious groups and atheists alike. Controversial digital upgrades and poorly received prequels have actually made the franchise stronger than ever. Now, with a savvy new set of bosses holding the reins and Episode VII on the horizon, it looks like Star Wars is just getting started. An energetic, fast-moving account of this creative and commercial phenomenon, How Star Wars Conquered the Universe explains how a young filmmaker's fragile dream beat out a surprising number of rivals to gain a diehard, multigenerational fan base -- and why it will be galvanizing our imaginations and minting money for generations to come.
This book aims to provide a stimulating text for both academics and students; advancing a series of original ideas about the English constitution.
This book revisits one of the defining judicial engagements in English legal history. It provides a fresh account of the years 1606 to 1616 which witnessed a series of increasingly volatile confrontations between, on the one side, King James I and his Attorney-General, Sir Francis Bacon, and on the other, Sir Edward Coke, successively Chief Justice of Common Pleas and Lord Chief Justice. At the heart of the dispute were differing opinions regarding the nature of kingship and the reach of prerogative in reformation England. Appreciating the longer context, in the summer of 1616 King James appealed for a reformation of law and constitution to complement the reformation of his Church. Later historians would discern in these debates the seeding of a century of revolution, followed by another four centuries of reform. This book ventures the further thought that the arguments which echoed around Westminster Hall in the first years of the seventeenth century have lost little of their resonance half a millennium on. Breaks with Rome are little easier to 'get done', the margins of executive governance little easier to draw.
The master of the visual mash-up returns with his signature idiosyncratic take on the constitution R. Sikoryak is the master of the pop culture pastiche. In Masterpiece Comics, he interpreted classic literature with defining twentieth-century comics. With Terms and Conditions, he made the unreadable contract that everyone signs, and no one reads, readable. He employs his magic yet again to investigate the very framework of the country with Constitution Illustrated. By visually interpreting the complete text of the supreme law of the land with more than a century of American pop culture icons, Sikoryak distills the very essence of the government legalese from the abstract to the tangible, the historical to the contemporary. Among Sikoryak’s spot-on unions of government articles and amendments with famous comic-book characters: the Eighteenth Amendment that instituted prohibition is articulated with Homer Simpson running from Chief Wiggum; the Fourteenth Amendment that solidifies citizenship to all people born and naturalized in the United States is personified by Ms. Marvel; and, of course, the Nineteenth Amendment offering women the right to vote is a glorious depiction of Wonder Woman breaking free from her chains. American artists from George Herriman (Krazy Kat) and Charles Schulz (Peanuts) to Raina Telgemeier (Sisters) and Alison Bechdel (Dykes to Watch Out For) are homaged, with their characters reimagined in historical costumes and situations. We the People has never been more apt.
Welfare and the Constitution defends a largely forgotten understanding of the U.S. Constitution: the positive or "welfarist" view of Abraham Lincoln and the Federalist Papers. Sotirios Barber challenges conventional scholarship by arguing that the government has a constitutional duty to pursue the well-being of all the people. He shows that James Madison was right in saying that the "real welfare" of the people must be the "supreme object" of constitutional government. With conceptual rigor set in fluid prose, Barber opposes the shared view of America's Right and Left: that the federal constitutional duties of public officials are limited to respecting negative liberties and maintaining processes of democratic choice. Barber contends that no historical, scientific, moral, or metaethical argument can favor today's negative constitutionalism over Madison's positive understanding. He urges scholars to develop a substantive account of constitutional ends for use in critiquing Supreme Court decisions, the policies of elected officials, and the attitudes of the larger public. He defends the philosophical possibility of such theories while also offering a theory of his own as a starting point for the discussion the book will provoke. This theory holds, for example, that voucher schemes which drain resources from secular public schools to schools that would train citizens to submit to religious authority are unconstitutional; First Amendment issues aside, such schemes defeat what is undeniably an element of the "real welfare" of the people, individually and collectively: the capacity to think critically for oneself.
Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results.
Many of the political issues we struggle with today have their roots in the US Constitution. Husband-and-wife team Cynthia and Sanford Levinson take readers back to the creation of this historic document and discuss how contemporary problems were first introduced—then they offer possible solutions. Think Electoral College, gerrymandering, even the Senate. Many of us take these features in our system for granted. But they came about through haggling in an overheated room in 1787, and we’re still experiencing the ramifications. Each chapter in this timely and thoughtful exploration of the Constitution’s creation begins with a story—all but one of them true—that connects directly back to a section of the document that forms the basis of our society and government. From the award-winning team, Cynthia Levinson, children’s book author, and Sanford Levinson, constitutional law scholar, Fault Lines in the Constitution will encourage exploration and discussion from young and old readers alike.