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Centennial edition. Popularly known as the Constitution Annotated or "CONAN", encompasses the U.S. Constitution and analysis and interpretation of the U.S. Constitution with in-text annotations of cases decided by the Supreme Court of the United States. The analysis is provided by the Congressional Research Service (CRS) in the Library of Congress. This is the 100th anniversary edition of a publication first released in 1913 at the direction of the U.S. Senate. Since then, it has been published as a bound edition every 10 years, with updates issued every two years that address new constitutional law cases . Audience: Federal lawmakers, libraries, law firms, constitutional scholars.
American law in the twentieth century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? This engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.
In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.
Describes landmark free speech decisions of the Supreme Court while highlighting the issues of language, rhetoric, and communication that underlie them. At the intersection of communication and First Amendment law reside two significant questions: What is the speech we ought to protect, and why should we protect it? The 20 scholars of legal communication whose essays are gathered in this volume propose various answers to these questions, but their essays share an abiding concern with a constitutional guarantee of free speech and its symbiotic relationship with communication practices. Free Speech on Trial fills a gap between textbooks that summarize First Amendment law and books that analyze case law and legal theory. These essays explore questions regarding the significance of unregulated speech in a marketplace of goods and ideas, the limits of offensive language and obscenity as expression, the power of symbols, and consequences of restraint prior to publication versus the subsequent punishment of sources. As one example, Craig Smith cites Buckley vs. Valeo to examine how the context of corruption in the 1974 elections shaped the Court's view of the constitutionality of campaign contributions and expenditures. Collectively, the essays in this volume suggest that the life of free speech law is communication. The contributors reveal how the Court's free speech opinions constitute discursive performances that fashion, deconstruct, and reformulate the contours and parameters of the Constitution’s guarantee of free expression and that, ultimately, reconstitute our government, our culture, and our society.
Also published as v. 59, no. 1 (winter 1992), of the University of Chicago law review.
What does it mean to respect the dignity of a human being? What sort of support do human capacities demand from the world, and how should we think about this support when we encounter differences of gender or sexuality? How should we think about each other across divisions that a legacy of injustice has created? In Sex and Social Justice, Martha Nussbaum delves into these questions and emerges with a distinctive conception of feminism that links feminist inquiry closely to the important progress that has been made during the past few decades in articulating theories of both national and global justice. Growing out of Nussbaum's years of work with an international development agency connected with the United Nations, this collection charts a feminism that is deeply concerned with the urgent needs of women who live in hunger and illiteracy, or under unequal legal systems. Offering an internationalism informed by development economics and empirical detail, many essays take their start from the experiences of women in developing countries. Nussbaum argues for a universal account of human capacity and need, while emphasizing the essential role of knowledge of local circumstance. Further chapters take on the pursuit of social justice in the sexual sphere, exploring the issue of equal rights for lesbians and gay men. Nussbaum's arguments are shaped by her work on Aristotle and the Stoics and by the modern liberal thinkers Kant and Mill. She contends that the liberal tradition of political thought holds rich resources for addressing violations of human dignity on the grounds of sex or sexuality, provided the tradition transforms itself by responsiveness to arguments concerning the social shaping of preferences and desires. She challenges liberalism to extend its tradition of equal concern to women, always keeping both agency and choice as goals. With great perception, she combines her radical feminist critique of sex relations with an interest in the possibilities of trust, sympathy, and understanding. Sex and Social Justice will interest a wide readership because of the public importance of the topics Nussbaum addresses and the generous insight she shows in dealing with these issues. Brought together for this timely collection, these essays, extensively revised where previously published, offer incisive political reflections by one of our most important living philosophers.
In this long-awaited successor to his landmark work A History of American Law, Lawrence M. Friedman offers a monumental history of American law in the twentieth century. The first general history of its kind, American Law in the Twentieth Century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? Written by one of our most eminent legal historians, this engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.
Can the government stick us with privacy we don't want? It can, it does, and according to Anita L. Allen, it may need to do more of it. Privacy is a foundational good, Allen argues, a necessary tool in the liberty-lover's kit for a successful life. A nation committed to personal freedom must be prepared to mandate privacy protections for its people, whether they eagerly embrace them or not. This unique book draws attention to privacies of seclusion, concealment, confidentiality and data-protection undervalued by their intended beneficiaries and targets--and outlines the best reasons for imposing them. Allen looks at laws designed to keep website operators from collecting personal information, laws that force strippers to wear thongs, and the myriad employee and professional confidentiality rules--including insider trading laws--that require strict silence about matters whose disclosure could earn us small fortunes. She shows that such laws recognize the extraordinary importance of dignity, trust and reputation, helping to preserve social, economic and political options throughout a lifetime.