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The Court vs. Congress - Edward Keynes - Bog - Duke University Press - Plusbog.dk

The Court vs. Congress - Edward Keynes - Bog - Duke University Press - Plusbog.dk

Since the early 1960s the Supreme Court and its congressional critics have been locked in a continuing dispute over the issues of school prayer, busing, and abortion. Although for years the Court’s congressional foes have introduced legislation designed to curb the powers of the federal courts in these areas, they have until now failed to enact such proposals. It is likely that these legislative efforts and the present confrontation with the Court will continue. Edward Keynes and Randall Miller argue that Congress lacks the constitutional power to legislate away the powers of the federal courts and to prevent individuals from seeking redress for presumed infringements of their constitutional rights in these areas. They demonstrate that neither the framers nor ratifiers of the Constitution intended the Congress to exercise plenary power over the appellate jurisdiction of the Supreme Court. Throughout its history the Court has never conceded unlimited powers to Congress; and until the late 1950s Congress had not attempted to gerrymander the Court’s jurisdiction in response to specific decisions. But the authors contend this is just what the sponsors of recent legislative attacks on the Court intend, and they see such efforts as threatening the Court’s independence and authority as defined in the separation of powers clauses of the Constitution.

DKK 248.00
1

A Year in the Life of the Supreme Court - - Bog - Duke University Press - Plusbog.dk

A Year in the Life of the Supreme Court - - Bog - Duke University Press - Plusbog.dk

Despite its importance to the life of the nation and all its citizens, the Supreme Court remains a mystery to most Americans, its workings widely felt but rarely seen firsthand. In this book, journalists who cover the Court—acting as the eyes and ears of not just the American people, but the Constitution itself—give us a rare close look into its proceedings, the people behind them, and the complex, often fascinating ways in which justice is ultimately served. Their narratives form an intimate account of a year in the life of the Supreme Court. The cases heard by the Surpreme Court are, first and foremost, disputes involving real people with actual stories. The accidents and twists of circumstance that have brought these people to the last resort of litigation can make for compelling drama. The contributors to this volume bring these dramatic stories to life, using them as a backdrop for the larger issues of law and social policy that constitute the Court’s business: abortion, separation of church and state, freedom of speech, the right of privacy, crime, violence, discrimination, and the death penalty. In the course of these narratives, the authors describe the personalities and jurisprudential leanings of the various Justices, explaining how the interplay of these characters and theories about the Constitution interact to influence the Court’s decisions. Highly readable and richly informative, this book offers an unusually clear and comprehensive portrait of one of the most influential institutions in modern American life.

DKK 232.00
1

A Year in the Life of the Supreme Court - - Bog - Duke University Press - Plusbog.dk

A Year in the Life of the Supreme Court - - Bog - Duke University Press - Plusbog.dk

Despite its importance to the life of the nation and all its citizens, the Supreme Court remains a mystery to most Americans, its workings widely felt but rarely seen firsthand. In this book, journalists who cover the Court—acting as the eyes and ears of not just the American people, but the Constitution itself—give us a rare close look into its proceedings, the people behind them, and the complex, often fascinating ways in which justice is ultimately served. Their narratives form an intimate account of a year in the life of the Supreme Court. The cases heard by the Surpreme Court are, first and foremost, disputes involving real people with actual stories. The accidents and twists of circumstance that have brought these people to the last resort of litigation can make for compelling drama. The contributors to this volume bring these dramatic stories to life, using them as a backdrop for the larger issues of law and social policy that constitute the Court’s business: abortion, separation of church and state, freedom of speech, the right of privacy, crime, violence, discrimination, and the death penalty. In the course of these narratives, the authors describe the personalities and jurisprudential leanings of the various Justices, explaining how the interplay of these characters and theories about the Constitution interact to influence the Court’s decisions. Highly readable and richly informative, this book offers an unusually clear and comprehensive portrait of one of the most influential institutions in modern American life.

DKK 800.00
1

From the Grassroots to the Supreme Court - - Bog - Duke University Press - Plusbog.dk

From the Grassroots to the Supreme Court - - Bog - Duke University Press - Plusbog.dk

Perhaps more than any other Supreme Court ruling, Brown v. Board of Education, the 1954 decision declaring the segregation of public schools unconstitutional, highlighted both the possibilities and the limitations of American democracy. This collection of sixteen original essays by historians and legal scholars takes the occasion of the fiftieth anniversary of Brown to reconsider the history and legacy of that landmark decision. From the Grassroots to the Supreme Court juxtaposes oral histories and legal analysis to provide a nuanced look at how men and women understood Brown and sought to make the decision meaningful in their own lives.The contributors illuminate the breadth of developments that led to Brown, from the parallel struggles for social justice among African Americans in the South and Mexican, Asian, and Native Americans in the West during the late nineteenth century to the political and legal strategies implemented by the National Association for the Advancement of Colored People (naacp) in the twentieth century. Describing the decision’s impact on local communities, essayists explore the conflict among African Americans over the implementation of Brown in Atlanta’s public schools as well as understandings of the ruling and its relevance among Puerto Rican migrants in New York City. Assessing the legacy of Brown today, contributors analyze its influence on contemporary law, African American thought, and educational opportunities for minority children. ContributorsTomiko Brown-NaginDavison M. DouglasRaymond GavinsLaurie B. GreenChristina GreeneBlair L. M. KelleyMichael J. KlarmanPeter F. LauMadeleine E. LopezWaldo E. Martin Jr. Vicki L. RuizChristopher SchmidtLarissa M. SmithPatricia SullivanKara Miles TurnerMark V. Tushnet

DKK 884.00
1

The Rhetoric of Church and State - Frederick Mark Gedicks - Bog - Duke University Press - Plusbog.dk

The Rhetoric of Church and State - Frederick Mark Gedicks - Bog - Duke University Press - Plusbog.dk

During the middle of the twentieth century, the religiously informed communitarianism that had guided the Supreme Court’s decisions regarding the relationship between church and state was partially displaced by a new secular individualist discourse. In The Rhetoric of Church and State, Frederick Mark Gedicks argues that this partial and incomplete shift is the key to understanding why the Court has failed—and continues today to fail—to provide a coherent doctrine on church/state separation. Gedicks suggests that the Supreme Court’s inconsistent decisions mirror a divergence in American society between an increasingly secular public culture and the primarily devout private lives of the majority of Americans. He notes that while the Court is committed to principles of secular individualism, it has repeatedly endorsed government actions that violate those principles—actions that would be far more justifiable under the discourse of religious communitarianism. The impossibility of reconciling the two discourses leaves the Court no choice but to efface—often implausibly—the religious nature of practices it deems permissible. Gedicks concludes that the road to a coherent religion clause doctrine lies neither in a return to religious communitarianism nor in its complete displacement by secular individualism, but in a yet-to-be-identified discourse that would attract popular support while protecting a meaningful measure of religious freedom.

DKK 749.00
1

The Rhetoric of Church and State - Frederick Mark Gedicks - Bog - Duke University Press - Plusbog.dk

The Rhetoric of Church and State - Frederick Mark Gedicks - Bog - Duke University Press - Plusbog.dk

During the middle of the twentieth century, the religiously informed communitarianism that had guided the Supreme Court’s decisions regarding the relationship between church and state was partially displaced by a new secular individualist discourse. In The Rhetoric of Church and State, Frederick Mark Gedicks argues that this partial and incomplete shift is the key to understanding why the Court has failed—and continues today to fail—to provide a coherent doctrine on church/state separation. Gedicks suggests that the Supreme Court’s inconsistent decisions mirror a divergence in American society between an increasingly secular public culture and the primarily devout private lives of the majority of Americans. He notes that while the Court is committed to principles of secular individualism, it has repeatedly endorsed government actions that violate those principles—actions that would be far more justifiable under the discourse of religious communitarianism. The impossibility of reconciling the two discourses leaves the Court no choice but to efface—often implausibly—the religious nature of practices it deems permissible. Gedicks concludes that the road to a coherent religion clause doctrine lies neither in a return to religious communitarianism nor in its complete displacement by secular individualism, but in a yet-to-be-identified discourse that would attract popular support while protecting a meaningful measure of religious freedom.

DKK 209.00
1

Affective Justice - Kamari Maxine Clarke - Bog - Duke University Press - Plusbog.dk

Affective Justice - Kamari Maxine Clarke - Bog - Duke University Press - Plusbog.dk

Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice-an emotional response to competing interpretations of justice-to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.

DKK 311.00
1

The Small Matter of Suing Chevron - Suzana Sawyer - Bog - Duke University Press - Plusbog.dk

The Small Matter of Suing Chevron - Suzana Sawyer - Bog - Duke University Press - Plusbog.dk

In 2011, an Ecuadorian court issued the world’s largest environmental contamination liability: a $9.5 billion judgment against Chevron. Within years, a US federal court and an international tribunal determined that the Ecuadorian judgment had been procured through fraud and was unenforceable. In The Small Matter of Suing Chevron Suzana Sawyer delves into this legal trilogy to explore how distinct legal truths were relationally composed of, with, and through crude oil. In Sawyer’s analysis, chemistry proves crucial. Analytically, it affords a grammar for appreciating how molecular, technical, and legal agencies catalyzed distinct jurisdictional renderings. Empirically, the chemistry of hydrocarbons (its complexity, unfathomability, and misattribution) significantly shaped competing judicial determinations. Ultimately, chemical, scientific, contractual, and litigating techniques precipitated this legal saga’s metamorphic transformation, transmuting a contamination claim into an environmental liability, then a racketeering scheme, and then a breach of treaty. Holding the paradoxes of complicity in suspension, Sawyer deftly demonstrates how crude matters, technoscience, and liberal legality configure how risk and reward, deprivation and disavowal, suffering and surfeit become legally and unevenly distributed.

DKK 1014.00
1

Mr. Justice Black and His Critics - Tinsley E. Yarbrough - Bog - Duke University Press - Plusbog.dk

Mr. Justice Black and His Critics - Tinsley E. Yarbrough - Bog - Duke University Press - Plusbog.dk

Many jurists give lip service to the idea that judicial interpretation of constitutional provisions should be based on the intent of the framers. Few, if any, have been as faithful to that conception as Hugo Black. As U.S. senator from Alabama, Black was a vigorous critic of the Supreme Court's use of the Constitution as a weapon against the Roosevelt New Deal. Once on the court he played a leading role in overturning those decisions and in attempting to establish for freedom of speech and other guarantees the interpretation he (and others) believe was warranted by the language and intent of the framers. Late in his career, however, Black's commitment to literalism and intent led him to assume apparently conservative positions in civil liberties cases. In an era characterized by growing acceptance of the belief that judges should adapt the Constitution to changing social and ethical perceptions, many came to regard Black's position as unrealistic and irrelevant. Tinsley E. Yarbrough analyzes Black's judicial and constitutional philosophy, as well as his approach to specific cases, through the eyes of Black's critics (such as Justices Frankfurter and Harlan) and through an assessment of scholarly opinion of his jurisprudence. The result is a stimulating and provocative addition to the study of Justice Black and the Supreme Court.

DKK 674.00
1

Another Face of Empire - Daniel Castro - Bog - Duke University Press - Plusbog.dk

Another Face of Empire - Daniel Castro - Bog - Duke University Press - Plusbog.dk

The Spanish cleric Bartolomé de Las Casas is a key figure in the history of Spain’s conquest of the Americas. Las Casas condemned the torture and murder of natives by the conquistadores in reports to the Spanish royal court and in tracts such as A Short Account of the Destruction of the Indies (1552). For his unrelenting denunciation of the colonialists’ atrocities, Las Casas has been revered as a noble protector of the Indians and as a pioneering anti-imperialist. He has become a larger-than-life figure invoked by generations of anticolonialists in Europe and Latin America. Separating historical reality from myth, Daniel Castro provides a nuanced, revisionist assessment of the friar’s career, writings, and political activities. Castro argues that Las Casas was very much an imperialist. Intent on converting the Indians to Christianity, the religion of the colonizers, Las Casas simply offered the natives another face of empire: a paternalistic, ecclesiastical imperialism. Castro contends that while the friar was a skilled political manipulator, influential at what was arguably the world’s most powerful sixteenth-century imperial court, his advocacy on behalf of the natives had little impact on their lives. Analyzing Las Casas’s extensive writings, Castro points out that in his many years in the Americas, Las Casas spent very little time among the indigenous people he professed to love, and he made virtually no effort to learn their languages. He saw himself as an emissary from a superior culture with a divine mandate to impose a set of ideas and beliefs on the colonized. He differed from his compatriots primarily in his antipathy to violence as the means for achieving conversion.

DKK 766.00
1

Another Face of Empire - Daniel Castro - Bog - Duke University Press - Plusbog.dk

Another Face of Empire - Daniel Castro - Bog - Duke University Press - Plusbog.dk

The Spanish cleric Bartolomé de Las Casas is a key figure in the history of Spain’s conquest of the Americas. Las Casas condemned the torture and murder of natives by the conquistadores in reports to the Spanish royal court and in tracts such as A Short Account of the Destruction of the Indies (1552). For his unrelenting denunciation of the colonialists’ atrocities, Las Casas has been revered as a noble protector of the Indians and as a pioneering anti-imperialist. He has become a larger-than-life figure invoked by generations of anticolonialists in Europe and Latin America. Separating historical reality from myth, Daniel Castro provides a nuanced, revisionist assessment of the friar’s career, writings, and political activities. Castro argues that Las Casas was very much an imperialist. Intent on converting the Indians to Christianity, the religion of the colonizers, Las Casas simply offered the natives another face of empire: a paternalistic, ecclesiastical imperialism. Castro contends that while the friar was a skilled political manipulator, influential at what was arguably the world’s most powerful sixteenth-century imperial court, his advocacy on behalf of the natives had little impact on their lives. Analyzing Las Casas’s extensive writings, Castro points out that in his many years in the Americas, Las Casas spent very little time among the indigenous people he professed to love, and he made virtually no effort to learn their languages. He saw himself as an emissary from a superior culture with a divine mandate to impose a set of ideas and beliefs on the colonized. He differed from his compatriots primarily in his antipathy to violence as the means for achieving conversion.

DKK 248.00
1

Truman and the Steel Seizure Case - Maeva Marcus - Bog - Duke University Press - Plusbog.dk

Truman and the Steel Seizure Case - Maeva Marcus - Bog - Duke University Press - Plusbog.dk

Government seizure of the nation’s strikebound steel mills on 8 April 1952 stands as one of President Harry S Truman’s most controversial actions, representing an unprecedented use of presidential power. On 8 June 1952 the United States Supreme Court invalidated Truman’s order with its monumental decision in Youngstown Sheet and Tube Co. v. Sawyer. The history and significance of this case constitute the subject of Maeva Marcus’s meticulously researched, brilliantly analyzed, and authoritative study. From Truman’s initial assertion of "inherent" executive power under the Constitution to the High Court’s seven opinions, Marcus assesses the influence of the case on the doctrine of separation of powers and, specifically, the nature and practice of executive authority. First published in 1977 (Columbia University Press), and reissued here in paperback with a new foreword by Louis Fisher, this book remains the definitive account of the Steel Seizure incident and its political and legal ramifications.

DKK 240.00
1