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The Rule of Law in the United States: An Unfinished Project of Black Liberation, Gowder Paul, Appleby Gabrielle, Neudorf Lorne


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Автор: Gowder Paul, Appleby Gabrielle, Neudorf Lorne
Название:  The Rule of Law in the United States: An Unfinished Project of Black Liberation
ISBN: 9781509939992
Издательство: Bloomsbury Academic
Издательство: Hart Publishing
Классификация:
ISBN-10: 1509939997
Обложка/Формат: Hardback
Страницы: 216
Вес: 0.48 кг.
Дата издания: 16.12.2021
Серия: The rule of law in context
Язык: English
Размер: 234 x 156 x 16
Читательская аудитория: Tertiary education (us: college)
Ключевые слова: Constitutional & administrative law, LAW / Constitutional
Подзаголовок: An unfinished project of black liberation
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Поставляется из: США
Описание:

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions?

This open access book traces the promise and paradox of the American rule of law in three interwoven ways.

It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express?

It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law.

Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals.

The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by Northwestern University Pritzker School of Law and the Northwestern Open Access Fund, provided by Northwestern University Libraries.




The Solicitor General and the United States Supreme Court

Автор: Black
Название: The Solicitor General and the United States Supreme Court
ISBN: 1107680999 ISBN-13(EAN): 9781107680999
Издательство: Cambridge Academ
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Цена: 6653.00 р.
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Описание: This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court`s decision-making process.

Prosecution of the President of the United States: The Constitution, Executive Power, and the Rule of Law

Автор: Brown H. Lowell
Название: Prosecution of the President of the United States: The Constitution, Executive Power, and the Rule of Law
ISBN: 303081372X ISBN-13(EAN): 9783030813727
Издательство: Springer
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Цена: 15372.00 р.
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Описание: This book provides a detailed look at the constitutional, historical, and political arguments concerning presidential immunity from prosecution, as well as the opinions of the Office of Legal Counsel that provided the justification for the decision not to prosecute President Trump.

Slavery and Freedom in Texas: Stories from the Courtroom, 1821-1871

Автор: Gillmer Jason
Название: Slavery and Freedom in Texas: Stories from the Courtroom, 1821-1871
ISBN: 0820351636 ISBN-13(EAN): 9780820351636
Издательство: Mare Nostrum (Eurospan)
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Цена: 3742.00 р.
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Описание: In these absorbing accounts of five court cases, Jason A. Gilmer offers intimate glimpses into Texas society in the time of slavery. Each story unfolds along boundaries – between men and women, slave and free, black and white, rich and poor, old and young – as rigid social orders are upset in ways that drive people into the courtroom.,br>One case involves a settler in a rural county along the Colorado River, his thirty-year relationship with an enslaved woman, and the claims of their children as heirs. A case in East Texas arose after an owner refused to pay an overseer who had shot one of her slaves. Another case details how a free family of color carved out a life in the sparsely populated marshland of Southeast Texas, only to lose it all as waves of new settlers “civilized” the county. An enslaved woman in Galveston who was set free in her owner’s will – and who got an uncommon level of support from her attorneys – is the subject of another case. In a Central Texas community, as another case recounts, citizens forced a Choctaw native into court in an effort to gain freedom for his slave, a woman who easily “passed” as white.The cases considered here include Gaines v. Thomas, Clark v. Honey, Brady v. Price, and Webster v. Heard. All of them pitted communal attitudes and values against the exigencies of daily life in an often harsh place. Here are real people in their own words, as gathered from trial records, various legal documents, and many other sources. People of many colors, from diverse backgrounds, weave their way in and out of the narratives. We come to know what mattered most to them – and where those personal concerns stood before the law.

Liberty and Union

Автор: McManus Edgar
Название: Liberty and Union
ISBN: 0415892864 ISBN-13(EAN): 9780415892865
Издательство: Taylor&Francis
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Цена: 17609.00 р.
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Описание:

This, the concise edition of Liberty and Union, is an abridged constitutional history of the United States, designed for short single-semester courses, comprising the key topics from Volumes 1 and 2.

Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors deliberately explain the past in the light of the past, without imposing upon it the standards of later generations.

Authored by two experienced professors in the field, this concise edition presents seminal topics while retaining the narrative flow of the two full original volumes. An accessible alternative to dense scholarly works, this textbook avoids unnecessary technical jargon, defines legal terms and historical personalities where appropriate, and makes explicit connections between constitutional themes and historical events. For students in a short undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading.

Useful features include:

  • Full glossary of legal terminology
  • Recommended reading
  • A table of cases
  • Extracts from primary documents
  • Companion website

Useful documents provided:

  • Declaration of Independence
  • Articles of Confederation
  • Constitution of the United States of America
  • Chronological list of Supreme Court justices
Liberty and Union

Автор: McManus Edgar
Название: Liberty and Union
ISBN: 0415892856 ISBN-13(EAN): 9780415892858
Издательство: Taylor&Francis
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Цена: 11176.00 р.
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Описание:

This, the second of two volumes of Liberty and Union, is a comprehensive constitutional history of the United States from the Progressive Era of the early twentieth century to the most recent decisions of the Supreme Court on contemporary constitutional issues.

Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors deliberately explain the past in the light of the past, without imposing upon it the standards of later generations.

Authored by two experienced professors in the field, this textbook has been thoughtfully constructed to offer an accessible alternative to dense scholarly works - avoiding unnecessary technical jargon, defining legal terms and historical personalities where appropriate, and making explicit connections between constitutional themes and historical events. For students in an undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading.

Useful features include:

  • Full glossary of legal terminology
  • Recommended reading
  • A table of cases
  • Extracts from primary documents
  • Companion website

Useful documents provided:

  • Declaration of Independence
  • Articles of Confederation
  • Constitution of the United States of America
  • Chronological list of Supreme Court justices
The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs

Автор: Riaan Eksteen
Название: The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs
ISBN: 9462652945 ISBN-13(EAN): 9789462652941
Издательство: Springer
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Цена: 16769.00 р.
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Описание:

This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit.
A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach.
The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs.
Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.
Liberty and Union

Автор: McManus Edgar
Название: Liberty and Union
ISBN: 041589283X ISBN-13(EAN): 9780415892834
Издательство: Taylor&Francis
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Цена: 11176.00 р.
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Описание:

This, the first of two volumes of Liberty and Union, is a comprehensive constitutional history of the United States from the Anglo-American origins of the Constitution through the colonial and antebellum periods, to the Civil War and the consequent restructuring of the nation.

Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors explain the past in the light of the past, without imposing upon it the standards of later generations.

Authored by two experienced professors of History and Law this textbook has been thoughtfully constructed to offer an accessible alternative to dense scholarly works - avoiding unnecessary technical jargon, defining legal terms and historical personalities where appropriate, and making explicit connections between constitutional themes and historical events. For students in an undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading.

Useful features include:

  • Full glossary of legal terminology
  • Recommended reading
  • A table of cases
  • Extensive supporting artwork
  • Companion website

Useful documents provided:

  • Declaration of Independence
  • Articles of Confederation
  • Constitution of the United States of America
  • Chronological list of Supreme Court justices
Almost Citizens: Puerto Rico, the U.S. Constitution, and Empire

Автор: Erman Sam
Название: Almost Citizens: Puerto Rico, the U.S. Constitution, and Empire
ISBN: 110840149X ISBN-13(EAN): 9781108401494
Издательство: Cambridge Academ
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Цена: 3960.00 р.
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Описание: Almost Citizens traces the struggles over citizenship waged between US officials and Puerto Rican individuals, which led to a seismic constitutional shift away from citizenship, rights, and statehood, and toward racist imperial governance.

American by Birth: Wong Kim Ark and the Battle for Citizenship

Автор: Carl Nackenoff, Julie Novkov
Название: American by Birth: Wong Kim Ark and the Battle for Citizenship
ISBN: 0700634215 ISBN-13(EAN): 9780700634217
Издательство: Mare Nostrum (Eurospan)
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Цена: 3761.00 р.
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Описание: American by Birth explores the history and legacy of Wong Kim Ark and the 1898 Supreme Court case that bears his name, which established the automatic citizenship of individuals born within the geographic boundaries of the United States. In the late nineteenth century, much like the present, the United States was a difficult, and at times threatening, environment for people of color. Chinese immigrants, invited into the United States in the 1850s and 1860s as laborers and merchants, faced a wave of hostility that played out in organized private violence, discriminatory state laws, and increasing congressional efforts to throttle immigration and remove many long-term residents. The federal courts, backed by the Supreme Court, supervised the development of an increasingly restrictive and exclusionary immigration regime that targeted Chinese people. This was the situation faced by Wong Kim Ark, who was born in San Francisco in the 1870s and who earned his living as a cook. Like many members of the Chinese community in the American West he maintained ties to China. He traveled there more than once, carrying required reentry documents, but when he attempted to return to the United States after a journey from 1894 to 1895, he was refused entry and detained. Protesting that he was a citizen and therefore entitled to come home, he challenged the administrative decision in court. Remarkably, the Supreme Court granted him victory.This victory was important for Wong Kim Ark, for the ethnic Chinese community in the United States, and for all immigrant communities then and to this day. Though the principle had links to seventeenth-century English common law and in the United States back to well before the American Civil War, the Supreme Court’s ruling was significant because it both inscribed the principle in constitutional terms and clarified that it extended even to the children of immigrants who were legally barred from becoming citizens. American by Birth is a richly detailed account of the case and its implications in the ongoing conflicts over race and immigration in US history; it also includes a discussion of current controversies over limiting the scope of birthright citizenship.

The Journey to Separate but Equal: Madame Decuir`s Quest for Racial Justice in the Reconstruction Era

Автор: Jack M. Beermann
Название: The Journey to Separate but Equal: Madame Decuir`s Quest for Racial Justice in the Reconstruction Era
ISBN: 0700634207 ISBN-13(EAN): 9780700634200
Издательство: Mare Nostrum (Eurospan)
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Цена: 3761.00 р.
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Описание: In The Journey to Separate but Equal: Madame Decuir’s Quest for Racial Justice in the Reconstruction Era, Jack Beermann tells the story of how, in Hall v. Decuir, the post-Civil War US Supreme Court took its first step toward perpetuating the subjugation of the non-White population of the United States by actively preventing a Southern state from prohibiting segregation on a riverboat in the coasting trade on the Mississippi River. The Journey to Separate but Equal offers the first complete exploration of Hall v. Decuir, with an in-depth look at the case’s record; the lives of the parties, lawyers, and judges; and the case’s social context in 1870s Louisiana. The book centers around the remarkable story of Madame Josephine Decuir and the lawsuit she pursued because she had been illegally barred from the cabin reserved for White women on the Governor Allen riverboat.The drama of Madame Decuir’s fight against segregation’s denial of her dignity as a human and particularly as a woman enriches our understanding of the Reconstruction era, especially in Louisiana, including political and legal changes that occurred during that time and the plight of people of color who were freed from slavery but denied their dignity and rights as American citizens. Hall v. Decuir spanned the pivotal period of 1872–1878, during which White segregationist Democrats “redeemed” the South from Republican control. The Supreme Court’s ruling in Hall overturned the application of an 1869 Louisiana statute prohibiting racial segregation in Madame Decuir's case because of the status of the Mississippi River as a mode of interstate commerce. The decision represents a crucial precedent that established the legal groundwork for the entrenchment of Jim Crow in the law of the United States, leading directly to the Court's adoption of “separate but equal” in Plessy v. Ferguson.

The Great Sioux Nation: Sitting in Judgment on America

Автор: Ortiz Roxanne
Название: The Great Sioux Nation: Sitting in Judgment on America
ISBN: 0803244835 ISBN-13(EAN): 9780803244832
Издательство: Marston Book Services
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Цена: 3364.00 р.
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Описание: Tells the story of the Sioux Nation`s fight to regain its land and sovereignty, highlighting the events of 1973-74, including the protest at Wounded Knee. It features pieces by some of the most prominent scholars and Indian activists of the twentieth century, and features primary documents and firsthand accounts of the activists` work and of the trial.

Constitution of the united states of america

Автор: Tushnet, Mark
Название: Constitution of the united states of america
ISBN: 1841137383 ISBN-13(EAN): 9781841137384
Издательство: Hart Publishing
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Цена: 2297.00 р.
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Описание: Covers the history and meaning of the United States` Constitution. This work is organised around two themes: the US Constitution is old, short, and difficult to amend, and it creates a structure of political opportunities that allows political actors to pursue the preferred policy goals even to the point of altering the very structure of politics.


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