Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court’s “new federalism” begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation
Pathways to the U.S. Supreme Court is a quantitative-historical recapitulation of the routes taken to the US Supreme Court by the 112 Justices who were confirmed by the Senate and served, and the 28 others whose candidacies for confirmation were defeated, withdrawn, or declined.
This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.
Federalism—the division of power between national and state governments—has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further. In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection. The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government—as the Court and Congress are now doing in the name of federalism—is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.
Comparative Federalism: A Systematic Inquiry, Second Edition is a uniquely comprehensive, analytic, and genuinely comparative introduction to the principles and practices, as well as the institutional compromises, of federalism. Hueglin and Fenna draw from their diverse research on federal systems to focus on four main models--America, Canada, Germany, and the European Union--but also to range widely over other cases. At the heart of the book is careful analysis of the relationship between constitutional design and amendment, fiscal relations, institutional structures, intergovernmental relations, and judicial review. Such analysis serves the dual role of helping the reader understand federalism and providing a comparative framework from which to assess the record of federal systems. The second edition has been extensively revised and updated, taking into account new developments in federal systems and incorporating insights from the growing body of literature in the field. It includes two new chapters, "Fiscal Federalism" and "The Limits of Federalism."
In the case City of Boerne v. Flores, the Supreme Court struck down the Religious Freedom Restoration Act of 1993. Waltman offers the first book-length analysis of the act to show how this case contributes to an intense legal debate still ongoing today: Can and should the Supreme Court be the exclusive interpreter of the Constitution?
The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
In this new adaptation from their classic Judicial Process in America, Carp, Stidham, and Manning provide a comprehensive look at state judicial systems. They place the various state court systems within the overall political and judicial framework and examine recent events in, and policymaking by, state courts.
While emphasizing that lawyers fulfill a vital but often misunderstood public function in society, The American Legal Profession: The Myths and Realities of Practicing Law by Christopher P. Banks dispels some of the common misconceptions about the legal profession to show that the reality of being a lawyer is much different from what many students believe it to be. Many students know little about what law school is like or how it differs from undergraduate study, and this book corrects common myths about graduating law school and life after passing the bar. This brief primer is a nuts-and-bolts analysis of what it is really like to go into the legal profession, from start to finish, giving students considering a career in law a realistic overview of their potential legal careers.
Firmly anchored in social science concepts, the second edition of The American Legal System demonstrates the relationships among private law, the business legal environment, and public law issues, as well as related subjects of interest. This fifteen-chapter book is divided into three parts. Part I places the legal system in a political perspective centering on the origins of the law, schools of jurisprudence, branches and functions of law, legitimacy of law, how the judiciary functions in the federal system of government, and judicial interpretation and decision making. Part II contrasts legal processes: civil suits for money damages, criminal processes, equity justice, administrative processes, and alternative dispute resolution. Part III centers on the legal norms or rules governing both civil and criminal conduct, property law, family law, contract law, and government regulation of business. Throughout, the text features edited court opinions many new to this edition illustrating lively and thought-provoking controversies that are certain to spark student interest. Among the many compelling issues addressed are the legal and constitutional controversies surrounding the Bush Administration's "War on Terror," and the socially explosive developments concerning same-sex marriage. In addition, each chapter includes at least three comparative notes showing how other legal cultures in different nation-states treat legal matters. A wealth of pedagogical features chapter-opening objectives; key terms, names, and concepts; a glossary, discussion questions, and appendices are included to aid student comprehension. The authors have prepared an Instructor's Manual and Test Bank to facilitate the book's use in the classroom."
This volume of Studies in Law, Politics and Society brings together an international spread of legal scholars, presenting a varied collection of chapters. Chapters include: child abduction during the military dictatorship in Argentina; a novel approach to empirical research on legal framing from the University of California, Berkeley; the role of silence in law and film from Israel; a chapter from Sweden on the use of video in the court of appeal; and finally two chapters on the supreme court in the USA, one looking at influences through social capital on supreme court decision makers and the second looking at the self-perception and public perception of the supreme court.
Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, the ebb and flow of public opinion, and especially the ideological and behavioral inclinations of the justices all combine to influence the development of constitutional doctrine. Constitutional Law for a Changing America draws on political science as well as legal studies to analyze and excerpt cases. With meticulous revising and updating throughout, Epstein and Walker streamline material while accounting for recent landmark cases and new scholarship. This seventh edition features two important improvements: - a completely revamped interior layout and design that clearly delineates between commentary and opinion excerpts while more effectively showcasing photos, justice biographies, and the "Aftermath" and "Global Perspective" sidebars. - the case commentary not only details the case "Facts" but now includes an "Arguments" section that details the attorneys' arguments for each side, leading to more focused and effective reading of the case. Cases new to this edition of Rights, Liberties, and Justice include Morse v. Frederick (2007), United States v. Williams (2008), Arizona v. Grant (2009), Safford Unified School District #1 v. Redding (2009), Herring v. United States (2009), Parents Involved in Community Schools v. Seattle School District No. 1 (2007), Meredith v. Jefferson County Board of Education (2007), and Crawford v. Marion County Election Board (2008).
In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
For a century and a half, journalists made a good business out of selling the latest news or selling ads next to that news. Now that news pours out of the Internet and our mobile devices—fast, abundant, and mostly free—that era is ending. Our best journalists, Mitchell Stephens argues, instead must offer original, challenging perspectives—not just slightly more thorough accounts of widely reported events. His book proposes a new standard: "wisdom journalism," an amalgam of the more rarified forms of reporting—exclusive, enterprising, investigative—and informed, insightful, interpretive, explanatory, even opinionated takes on current events. This book features an original, sometimes critical examination of contemporary journalism, both on- and offline, and it finds inspiration for a more ambitious and effective understanding of journalism in examples from twenty-first-century articles and blogs, as well as in a selection of outstanding twentieth-century journalism and Benjamin Franklin's eighteenth-century writings. Most attempts to deal with journalism's current crisis emphasize technology. Stephens emphasizes mindsets and the need to rethink what journalism has been and might become.
The brief edition of the number one book in American government continues to provide the most current and engaging introduction available for the course. Like the comprehensive edition, this nuts-and-bolts version was written with the belief that knowledge of the development of American government is integral to fully understand our current political system. "Essentials of American Government: Continuity and Change" is a student-friendly text offering a strong historical perspective that highlights the evolution of government and engages students with examples relevant to their lives today.