Books in the Constitutional Conflicts series

Essays by leading constitutional scholars on the relationship between war powers and the Constitution in general and in the aftermath of September 11th.

Combines legal and historical analysis to address the implications of "Brown v. Board of Education," showing that the resolution of racial segregation in schools transformed the lives of ordinary citizens in broader ways than has previously been ass

Essays by leading constitutional scholars on the relationship between war powers and the Constitution in general and in the aftermath of September 11th.

Essays offer a new challenge to the death penalty's legitimacy, in light of new empirical research and case studies, and against the backdrop of international law and recent changes in US domestic law.

Offering a bold reinterpretation of American legal history, the author argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power.

Considering key struggles for free speech in early US history, this book states that most of these were settled outside the judicial arena by legislatures following public opinion. It is for students and scholars of law, US history, and political science, as well as for general readers interested in civil liberties and free speech.

You don't have to be a lawyer or a Supreme Court junkie to enjoy this book: it is as good a description--for a general audience as well as a legally trained one--of the real people and cases that come before the Supreme Court as we have ever had. This book is a joy to read."--Floyd Abrams, Constitutional attorney

"This book will be an extremely important and influential contribution to the literature. Readers will find the book of great help in understanding the important differences between various strands of constitutional and interpretative theory."--Mary E. Becker, University of Chicago Law School

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.

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.

Analyzes the impact of the Supreme Court's constitutional decisions and its judicial review of statutes on lawmaking in Congress

Combines legal and historical analysis to address the implications of Brown v. Board of Education , showing that the resolution of racial segregation in schools transformed the lives of ordinary citizens in broader ways than has previously been assumed.

Provides an overview of the constitutional dynamics and significance of the federal appointments process throughout American history. This work includes each American president's performance record regarding judicial and non-judicial appointments, accounts of major confirmation contests and controversies, and a discussion of legal questions.

Essays offer a new challenge to the death penalty's legitimacy, in light of new empirical research and case studies, and against the backdrop of international law and recent changes in US domestic law.

A fundamental critique of American law and legal thought, this book consists of a series of essays written from three different perspectives that coalesce into a criticism of contemporary legal culture. It is of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists.

Seeks to expand the definition of obscenity to include explicit and offensive depictions of violence. This work examines the public debate on media violence, the arguments of professional and public interest groups urging governmental action, and the media and the ACLUOs desire for self-regulation.

Essays contest the notion of the absolute preeminence of judicial review in constitutional interpretation, analyzing the role of Congress as a constitutional interpreter and responsible constitutional agent

Profiles a watershed year (2002-2003) in the life of the U.S. Supreme Court, with contributions by journalists and Court advocates that discuss critical rulings on gay rights, affirmative action, hate speech, federal-state relations, and criminal law.

Essays contest the notion of the absolute preeminence of judicial review in constitutional interpretation, analyzing the role of Congress as a constitutional interpreter and responsible constitutional agent

Profiles a watershed year (2002-2003) in the life of the U.S. Supreme Court, with contributions by journalists and Court advocates that discuss critical rulings on gay rights, affirmative action, hate speech, federal-state relations, and criminal law.

Argues the Amendment has nothing to contribute to debates over private access to firearms. This title demonstrates that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants.