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It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
The classic work on the evaluation of city form. What does the city's form actually mean to the people who live there? What can the city planner do to make the city's image more vivid and memorable to the city dweller? To answer these questions, Mr. Lynch, supported by studies of Los Angeles, Boston, and Jersey City, formulates a new criterion—imageability—and shows its potential value as a guide for the building and rebuilding of cities. The wide scope of this study leads to an original and vital method for the evaluation of city form. The architect, the planner, and certainly the city dweller will all want to read this book.
In recent years the American public has witnessed several hard-fought battles over nominees to the U.S. Supreme Court. In these heated confirmation fights, candidates' legal and political philosophies have been subject to intense scrutiny and debate. Citizens, Courts, and Confirmations examines one such fight--over the nomination of Samuel Alito--to discover how and why people formed opinions about the nominee, and to determine how the confirmation process shaped perceptions of the Supreme Court's legitimacy. Drawing on a nationally representative survey, James Gibson and Gregory Caldeira use the Alito confirmation fight as a window into public attitudes about the nation's highest court. They find that Americans know far more about the Supreme Court than many realize, that the Court enjoys a great deal of legitimacy among the American people, that attitudes toward the Court as an institution generally do not suffer from partisan or ideological polarization, and that public knowledge enhances the legitimacy accorded the Court. Yet the authors demonstrate that partisan and ideological infighting that treats the Court as just another political institution undermines the considerable public support the institution currently enjoys, and that politicized confirmation battles pose a grave threat to the basic legitimacy of the Supreme Court.
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.
Seventeen thought-provoking essays in this sophisticated yet accessible reader demonstrate how political scientists conduct research on law, courts, and the judicial process, and at the same time answer interesting, substantive questions. Illustrating the breadth and depth of judicial politics studies, the essays convey to students the array of contemporary thinking -- both theoretical and methodological -- at work in the field. The book's five parts cover subjects taught in most judicial politics courses. Because each chapter stands alone, instructors have the flexibility of assigning less than the whole book or chapters in a different order. Topics examined range from information used by voters electing judges to the credibility of victims of sexualized violence. Accessible to both undergraduate and graduate students, Contemplating Courts offers fascinating views into both the law and courts field and the research process itself. Epstein provides in the first chapter an overview of the key elements of judicial process research and defines key terms. Technical notes and methodology appendices offer students additional guidance.
Taking on one of the most popular issues of the day—crime and the way we make sense of it—Julian Roberts and Loretta Stalans reveal the mismatch between the public perception of crime and the reality of crime statistics. Discussing such issues as public knowledge of crime, sources of crime information, information processing by the public, public attitudes about crime, and the effectiveness of punishment, this book considers the role that public opinion plays in the politics of criminal justice issues. Based on extensive data from the United States, with comparisons with Canada and the United Kingdom, Roberts and Stalans reveal the truth behind how the public perceives crime and how this perception compares to actual criminal activity.
This casebook of selected judgments from the member states of the African Intellectual Property Organization (OAPI) is the second volume in the WIPO Collection of Leading Judgments on Intellectual Property Rights. This collection gives the global intellectual property (IP) community access to landmark judgments from jurisdictions that are among the most dynamic litigation venues or whose jurisprudence is not readily available to an international audience, through a succession of volumes that illustrate IP adjudication approaches and trends by jurisdiction or by theme. / Ce recueil de décisions retenues par les États membres de l’Organisation africaine de la propriété intellectuelle (OAPI) est le second volume de la Collection OMPI des jugements les plus déterminants en matière de propriété intellectuelle. La collection de l’OMPI, qui consiste en une série visant à illustrer dans chaque volume les approches et les tendances concernant la détermination des droits de propriété intellectuelle, par système juridique ou par thème, permet à la communauté mondiale de la propriété intellectuelle d’avoir accès aux jugements les plus déterminants rendus dans certains des systèmes juridiques les plus dynamiques au monde ou dont la jurisprudence n’est pas facilement accessible au public à l’échelon international.