Showing results for "Constitutional Rights" in Law

Brought to you by Penguin. Our laws and justice system are vast and ancient: they might touch our lives when we have an accident, a wrong is done to us, or we have a family difficulty. And they cover everything from the personal to the regulation of our government. But to most of us they are a...

The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights.

Since America's founding, the US Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute.

In 1950, we, the people of India, gave ourselves a constitution that promised justice, liberty and equality to all its citizens. Decades later, as a nation, we still struggle with inequality in various forms—religion, sex, caste, gender. As we forge ahead, it is imperative to ask, ‘who is...

An exploration of how and why the Constitution's plan for independent courts has failed to protect individuals' constitutional rights, while advancing regressive and reactionary barriers to progressive regulation.

In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.

From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren Court declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet conservative critics have fiercely accused the justices of the Warren Court of abusing their authority....

Too many Americans have been disenfranchised or faced needless barriers to vote. Part of the blame falls on the Constitution, which does not contain an affirmative right to vote. The Supreme Court has made matters worse by failing to protect voting rights and limiting Congress's ability to do so. The time has come for voters to take action and push for an amendment to the Constitution that would guarantee this right for all. Richard Hasen argues that American democracy can and should do better in assuring that all eligible voters can cast a meaningful vote that will be fairly counted.

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more...

Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential.

Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren't necessarily about equality at all - ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech - have often been used to overcome resistance to justice and remain vital today.

Activists from Henry David Thoreau and Mohandas Gandhi to the Movement for Black Lives have long recognized that there are times when, rather than having a duty to obey the law, we have a duty to disobey it. Taking seriously the history of this activism, A Duty to Resist wrestles with the problem of political obligation in real world societies that harbor injustice. Candice Delmas argues that the duty of justice, the principle of fairness, the Samaritan duty, and political association impose responsibility to resist under conditions of injustice.

For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more...

An urgent and gripping look at the erosion of voting rights and its implications for democracy, told through the stories of 9 Supreme Court decisions—and the next looming case In The Court v. The Voters, law professor Joshua Douglas takes us behind the scenes of significant cases in voting...

While President George W. Bush has appointed two Supreme Court justices during his terms in office, the next president may be in a position to appoint up to three new justices, replacing one third of the Court. This relatively high number could drastically alter future Supreme Court rulings. Now...

In our era of mass incarceration, gun violence, and Black Lives Matters, a handbook showing how racial justice and restorative justice can transform the African American experience in America.