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Constitutional Law (Fourth Edition ) (Aspen Casebook Series)

by Erwin Chemerinsky

A leading text by a prominent scholar, Constitutional Law is known for its concise, yet comprehensive presentation. Professor Chemerinsky's distinctive approach presents the law solely through case excerpts and his own essays. With the author s context and background information, the law becomes more readily understood. A flexible organization accommodates a variety of course structures; no chapter assumes that students have read preceding material. The Fourth Edition introduces a streamlined presentation for even greater manageability. Major new cases are reviewed: United States Department of Health and Human Services v. State of Florida (constitutionality of the Affordable Care Act); Arizona v. United States (preemption of Arizona's SB 1070); McDonald v. City of Chicago (application of the Second Amendment to the states); and Citizens United v. Federal Election Commission (First Amendment right of corporations to spend money in elections.)

Constitutional Law: Leading Cases, 2009 Edition

by Jesse H. Choper Yale Kamisar Steve H. Shiffrin Richard H. Fallon

A 1600-page constitutional law casebook has turned out a compact casebook of less than 900 pages in this book, very much useful for a basic course in constitutional law. By judicious editing of the most important decisions of the Supreme Court and careful summarizing of less significant cases, this book contains "the essentials" for a single course on the subject.

Constitutional Law: Principles And Policies

by Erwin Chemerinsky

Relied on by students, professors, and practitioners, Erwin Chemerinsky's popular treatise, Constitutional Law: Principles and Policies, Fifth Edition, clearly states the law and identifies the underlying policy issues in each area of constitutional law.

Constitutional Patriotism

by Jan-Werner Müller

Constitutional Patriotism offers a new theory of citizenship and civic allegiance for today's culturally diverse liberal democracies. Rejecting conventional accounts of liberal nationalism and cosmopolitanism, Jan-Werner Müller argues for a form of political belonging centered on universalist norms, adapted for specific constitutional cultures. At the same time, he presents a novel approach to thinking about political belonging and the preconditions of democratic legitimacy beyond the nation-state. The book takes the development of the European Union as a case study, but its lessons apply also to the United States and other parts of the world. Müller's essay starts with an engaging historical account of the origins and spread of the concept of constitutional patriotism-the idea that political attachment ought to center on the norms and values of a liberal democratic constitution rather than a national culture or the "global human community." In a more analytical part, he then proposes a critical conception of citizenship that makes room for dissent and civil disobedience while taking seriously a polity's need for stability over time. Müller's theory of constitutional patriotism responds to the challenges of the de facto multiculturalism of today's states--with a number of concrete policy implications about immigration and the preconditions for citizenship clearly spelled out. And it asks what civic empowerment could mean in a globalizing world.

Constitutional Sentiments

by András Sajó

The Constitution was written to shape human behavior and affairs, and it does so by appealing to people’s hearts, not only their minds. An interdisciplinary analysis sheds new light on the emotions that underlie constitutional law, with many cogent examples.

Constitutional Stupidities, Constitutional Tragedies

by William N. Eskridge Sanford V. Levinson

The Constitution is the cornerstone of American government, hailed as one of the greatest contributions of the Western Enlightenment. While many seem content simply to celebrate it, those most familiar with the document invariably find it wanting in at least some aspects. This unique volume brings together many of the country's most esteemed constitutional commentators and invites them to answer two questions: First, what is the stupidest provision of the Constitution? "Stupid" need not mean evil. Thus, a second, related question is whether the scholar-interpreter would be forced to reach truly evil results even if applying his or her own favored theory of constitutional interpretation. The contributors include Lawrence Alexander, Akhil Reed Amar, Jack Balkin, Philip Bobbitt, Gerard Bradley, Rebecca Brown, Steven Calabresi, Lief Carter, Christopher Eisgruber, Lawrence Sager, Marie Failinger, Daniel Farber, James Fleming, Mark Graber, Stephen Griffin, Gary Jacobsohn, Randall Kennedy, Lewis LaRue, Theodore Lowi, Earl Maltz, Michael McConnell, Matthew Michael, Robert Nagel, Daniel Ortiz, Pamela Karlen, Michael Paulsen, Robert Post, Lucas Powe, Dorothy Roberts, Jeffrey Rosen, Frederick Schauer, Michael Seidman, Suzanna Sherry, David Strauss, Laurence Tribe, Mark Tushnet, and John Yoo.

Constitutionalism and the Rule of Law

by Maurice Adams Anne Meuwese Ballin Ernst Hirsch

Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Constitutionalism beyond Liberalism

by Dowdle Michael W. Wilkinson Michael A.

Constitutionalism Beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.

Constitutionalism of the Global South

by Daniel Bonilla Maldonado

The Indian Supreme Court, the South African Constitutional Court, and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa, and Latin America, these courts are widely seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these three courts are gradually creating what can be called a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these three Courts on three key topics: access to justice, cultural diversity, and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the important differences on how they interpret and solve key constitutional problems.

The Constrained Court

by Forrest Maltzman Michael A. Bailey

How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.

Constraint Theory

by Phan Phan George J. Friedman

At first glance, this might appear to be a book on mathematics, but it is really intended for the practical engineer who wishes to gain greater control of the multidimensional mathematical models which are increasingly an important part of his environment. Another feature of the book is that it attempts to balance left- and right-brain perceptions; the author has noticed that many graph theory books are disturbingly light on actual topological pictures of their material. One thing that this book is not is a depiction of the Theory of Constraints, as defined by Eliyahu Goldratt in the 1980's. Constraint Theory was originally defined by the author in his PhD dissertation in 1967 and subsequent papers written over the following decade. It strives to employ more of a mathematical foundation to complexity than the Theory of Constraints. This merely attempts to differentiate this book from Goldratt's work, not demean his efforts. After all, the main body of work in the field of 1 Systems Engineering is still largely qualitative .

Constraints of Agency

by Craig W. Gruber Matthew G. Clark Sven Hroar Klempe Jaan Valsiner

This book explores the basic concept of agency and develops it further in psychology using it to better understand and explain psychological processes and behavior. More importantly, this book seeks to put an emphasis on the role of agency in four distinct settings: history of psychology, neuroscience, psychology of religion, and sociocultural theories of co-agency. In Volume 12 of the Annals of Theoretical Psychology the contributors explore a number of new ways to look at agency in psychology. This volume seeks to develop a systematic theory of axioms for agency. It describes implications for research and practice that are founded on an understanding of the person as an actor in the world. This book also has implications for research and practice across psychology's sub-fields uniting the discipline through an agentic view of the person

Construct Game Development Beginner’s Guide

by Daven Bigelow

This is a beginner's guide with plenty of screenshots and step-by-step instructions. Through three sample games, the reader will learn about practically creating games with Construct. If you have thought of making a game of your own, this book is for you. All you need to know is that you can and how to operate a computer!

Constructed Ecologies: Critical Reflections on Ecology with Design

by Margaret Grose

Today, designers are shifting the practice of landscape architecture towards the need for a more complex understanding of ecological science. Constructed Ecologies presents ecology as critical theory for design, and provides major ideas for design that are supported with solid and imaginative science. In the questioning narrative of Constructed Ecologies, the author discards many old and tired theories in landscape architecture. With detailed documentation, she casts off the savannah theory, critiques the search for universals, reveals the needed role of designers in large-scale agriculture, abandons the overlay technique of McHarg, and introduces the ecological and urban health urgency of public night lighting. Margaret Grose presents wide-ranging new approaches and shows the importance of learning from science for design, of going beyond assumptions, of working in multiple rather than single issues, of disrupting linear design thinking, and of dealing with data. This book is written with a clear voice by an ecologist and landscape architect who has led design students into loving ecological science for the support it gives design.

Constructing a Religiously Ideal "Believer" and "Woman" in Islam

by Adis Duderija

Who or what is a religiously ideal Believer and Woman in Islam? This book identifies, compares, and contrasts how two contemporary Muslim groups here termed Neo-Traditional Salafis and progressive Muslims interpret the Qur'an and Sunna in order to construct what each considers to be a religiously ideal concept of a "Believer" and "Woman" in Islam. This is the first work which systematically focuses on identifying and explaining which interpretational mechanisms are responsible for the often very different interpretations of these two concepts.

Constructing Authorities: Reason, Politics and Interpretation in Kant's Philosophy

by Onora O'Neill

This collection of essays brings together the central lines of thought in Onora O'Neill's work on Kant's philosophy, developed over many years. Challenging the claim that Kant's attempt to provide a critique of reason fails because it collapses into a dogmatic argument from authority, O'Neill shows why Kant held that we must construct, rather than assume, the authority of reason, and how this can be done by ensuring that anything we offer as reasons can be followed by others, including others with whom we disagree. She argues that this constructivist view of reasoning is the clue to Kant's claims about knowledge, ethics and politics, as well as to his distinctive accounts of autonomy, the social contract, cosmopolitan justice and scriptural interpretation. Her essays are a distinctive and illuminating commentary on Kant's fundamental philosophical strategy and its implications, and will be a vital resource for scholars of Kant, ethics and philosophy of law. A vital resource for Kant scholars. Shows how and why Kant's accounts of reason and of politics are linked. Challenges accepted conceptions of autonomy.

Constructing Forecast Confidence Bands During the Financial Crisis

by Douglas Laxton Marianne Johnson Ondra Kamenik Huigang Chen Kevin Clinton

A report from the International Monetary Fund.

Constructing Grounded Theory

by Kathy Charmaz

`Grounded theory is a highly influential way of working with qualitative data and Kathy Charmaz is a major player, both innovative and fluent. This book is a model student text: lively, carefully argued and full of vivid illustrations. Beginning students and professional researchers will find it to be required reading' - David Silverman, Professor Emeritus, Sociology Department, Goldsmiths College and Visiting Professor, Management Department, King's College, University of London Kathy Charmaz is one of the world's leading theorists and exponents of grounded theory. In this important and essential new textbook, she introduces the reader to the craft of using grounded theory in social research, and provides a clear, step-by-step guide for those new to the field. Using worked examples throughout, this book also maps out an alternative vision of grounded theory to that put forward by its founding thinkers, Glaser and Strauss. To Charmaz, grounded theory must move on from its positivist origins and must incorporate many of the methods and questions posed by constructivists over the past twenty years to become a more nuanced and reflexive practice. Essential reading for students, new researchers and seasoned social scientists alike, this book is one of those rare things, a textbook that is both accessible to those new to the field but also one that has important things to say about the nature of social enquiry itself.

Constructing Identities at Work

by Jo Angouri Meredith Marra

Through language we show who we are and where we belong. In the workplace context this includes the way we construct ourselves as the team leader, meeting chair, a good colleague, the judge, a teacher orresearcher. Constructing Identities at Work presents cutting edge research on the process of identity construction in professional and institutional contexts, from corporate workplaces, to courtrooms, classrooms, and academia. The authors illustrate the range of foci, methodologies and approaches prevalent in the newly established field of workplace discourse, demonstrating how interactants do identity work and how identity is 'indexed' (often in subtle ways) in workplace discourse. Moving beyond unhelpful static universalities about how all women, all English-speakers, or all old people behave linguistically, each of the authors emphasises the contextualised nature of our everyday lives and the ways in which we negotiate and renegotiate our emerging identities with others. Among the chapters there are examples of a range of different theoretical approaches to identity in linguistics, from the prevalent social constructionist lens to the micro-level detail accessible through Conversation Analysis, and the quantitative analysis offered by corpus linguistics.

Constructing Immigrant "Illegality"

by Cecilia Menjívar Daniel Kanstroom

The topic of illegal immigration has been a major aspect of public discourse in the United States and many other immigrant-receiving countries. From the beginning of its modern invocation in the early twentieth century, the often ill-defined epithet of human illegality has figured prominently in the media; in vigorous public debates at the national, state, and local levels; and in presidential campaigns. In this collection of essays, contributors from a variety of disciplines anthropology, law, political science, religious studies, and sociology examine how immigration law shapes immigrant illegality, how the concept of immigrant illegality is deployed and lived, and how its power is wielded and resisted. The authors conclude that the current concept of immigrant illegality is in need of sustained critique, as careful analysis will aid policy discussions and lead to more just solutions.

Constructing Methodology for Qualitative Research

by Celeste Lawson Bruce Allen Knight Bobby Harreveld Mike Danaher Gillian Busch

This book explores the webs of vulnerability in methodological decision-making that illustrate the deceptive strength of qualitative research. Each chapter will resonate with readers differently as they read themselves into the tensions and tangles of qualitative research when confronted with the challenges of establishing methodological frameworks for educational and social enquiry. The authors are postgraduate, early career researchers and supervisors who analyse their methodological encounters with the nimble, fluid, messy and iterative processes of qualitative research. The book flows structurally from positioning the researcher within these processes to the manoeuvring of self across necessarily selective social science disciplines in education, arts and humanities. It rejuvenates the pioneering spirit, the sense of mission and innovativeness of qualitative research.

Constructing Reality: Quantum Theory and Particle Physics

by John Marburger III

Questions of the fundamental nature of matter continue to inspire and engage our imagination. However, the exciting new concepts of strings, supersymmetry and exotic matter build on ideas that are well known to physicists but mysterious and puzzling to people outside of these research fields. Covering key conceptual developments from the last century, this book provides a background to the bold ideas and challenges faced by physicists today. Quantum theory and the Standard Model of particles are explained with minimal mathematics, and advanced topics, such as gauge theory and quantum field theory, are put into context. With concise, lucid explanations, this book is an essential guide to the world of particle physics.

Constructing Research Questions

by Jorgen Sandberg Mats Alvesson

All researchers want to produce interesting and influential theories. A key step in all theory development is formulating innovative research questions that will result in interesting and significant research. Traditional textbooks on research methods tend to ignore, or gloss over, actual ways of constructing research questions. In this text, Alvesson and Sandberg develop a problematization methodology for identifying and challenging the assumptions underlying existing theories and for generating research questions that can lead to more interesting and influential theories, using examples from across the social sciences. Established methods of generating research questions in the social sciences tend to focus on 'gap-spotting', which means that existing literature remains largely unchallenged. The authors show the dangers of conventional approaches, providing detailed ideas for how one can work through such problems and formulate novel research questions that challenge existing theories and produce more imaginative empirical studies. Constructing Research Questions is essential reading for any researcher looking to formulate research questions that are interesting and novel.

Constructing School Success : The Consequences of Untracking Low Achieving Students

by Angela Lintz Lea Hubbard Irene Villanueva Hugh Mehan

Bolstering the academic success of low achieving students and providing a more egalitarian classroom setting are two constant challenges to our schools. This book describes the process of "untracking", an educational reform effort that has prepared students from low income, linguistic and ethnic minority backgrounds for college. Untracking offers all students the same academically-demanding curriculum while varying the amount of institutional support they receive. This book is a highly readable account of a successful school reform effort. It provides systematic research results concerning the educational and social consequences of untracking previously low achieving students, and will be of great importance to researchers in educational and social psychology.

Constructing Solidarity for a Liberative Ethic

by Tammerie Day

Constructing Solidarity offers a critical path toward the transformation of white worldviews, theologies, ethics, and praxis for scholars, activists, religious leaders, and those seeking guidance.

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