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Legal scholarship is in a state of crisis, Laura Kalman argues in this history of the most prestigious field in law studies: constitutional theory. Since the time of the New Deal, says Kalman, most law scholars have identified themselves as liberals who believe in the power of the Supreme Court to effect progressive social change. In recent years, however, new political and interdisciplinary perspectives have undermined the tenets of legal liberalism, and liberal law professors have enlisted other disciplines in the attempt to legitimize their beliefs. Such prominent legal thinkers as Cass Sunstein, Bruce Ackerman, and Frank Michelman have incorporated the work of historians into their legal theories and arguments, turning to eighteenth-century republicanism--which stressed communal values and an active citizenry--to justify their goals. Kalman, a historian and a lawyer, suggests that reliance on history in legal thinking makes sense at a time when the Supreme Court repeatedly declares that it will protect only those liberties rooted in history and tradition. There are pitfalls in interdisciplinary argumentation, she cautions, for historians' reactions to this use of their work have been unenthusiastic and even hostile. Yet lawyers, law professors, and historians have cooperated in some recent Supreme Court cases, and Kalman concludes with a practical examination of the ways they can work together more effectively as social activists.
This detailed analysis examines the role of race and racism in American politics since the 1980s, and contends that—despite the election of Barack Obama—the effects of white supremacy still divide American society and affect voter behavior today. How have the increasing diversity of our people and the election of the first black president influenced American politics? This book investigates every aspect of race and politics from voter ID laws to redistricting to the use of racially divisive issues in campaigns. Each of the seven chapters explores a specific political issue from its historical origin to its legacy in present-day politics, and the book features some of the most controversial topics on the subject, including disguised racism and the myth of a post-racial America. The Color of Politics: Racism in the American Political Arena Today considers a wide spectrum of political issues as it relates to minority populations. The author asserts that from the Bradley effect of the 1980s to the discourse used by the Tea Party, racism has left a lasting imprint on contemporary politics over the last 30 years.
A review of available literature has revealed information on the location of springs, the temperature of the water, the rate of flow, the chemical character of the water and evolved gases, and the uses made of the water. For each country or geographic area there is a brief description of the geology and map showing the location of the springs.
Stuart Banner's The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present. Not merely a history of the Court's opinions and jurisprudence, it is also a rich account of the Court in the broadest sense--of the sorts of people who become justices and the methods by which they are chosen, of how the Court does its work, and of its relationship with other branches of government. Rather than praising or criticizing the Court's decisions, Banner makes the case that one cannot fully understand the decisions without knowing about the institution that produced them.
The Supreme Court has continued to write constitutional history over the thirteen years since publication of the highly acclaimed first edition of The Oxford Companion to the Supreme Court. Two new justices have joined the high court, more than 800 cases have been decided, and a good deal of new scholarship has appeared on many of the topics treated in the Companion. Chief Justice William H. Rehnquist presided over the impeachment trial of President Bill Clinton, and the Court as a whole played a decisive and controversial role in the outcome of the 2000 presidential election. Under Rehnquists's leadership, a bare majority of the justices have rewritten significant areas of the law dealing with federalism, sovereign immunity, and the commerce power. This new edition includes new entries on key cases and fully updated treatment of crucial areas of constitutional law, such as abortion, freedom of religion, school desegregation, freedom of speech, voting rights, military tribunals, and the rights of the accused. These developments make the second edition of this accessible and authoritative guide essential for judges, lawyers, academics, journalists, and anyone interested in the impact of the Court's decisions on American society.