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Trumping Religion

Author: Steven P. Brown
Publisher: University of Alabama Press
ISBN: 0817311785
Size: 51.82 MB
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This book is the first scholarly treatment of the strategies employed by the New Christian Right In litigating cases regarding religion using the Free Speech Clause of the United States Constitution. Trumping Religion provides a detailed analysis of the five major public-interest law firms that have litigated religion cases in the federal courts between 1980 and 2000. Steven Brown argues that these organizations have not only stepped up their efforts to participate in religion cases but also fundamentally changed the way religious expression is viewed by the law, appealing not to the free-exercise-of-religion or establishment clauses of the Constitution but to the Free Speech Clause of the First Amendment. Allied with several highly vocal, evangelical ministries, such as those of Jerry Falwell and Pat Robertson, the legal organizations that litigate for the New Christian Right argue that religious expression is a form of protected speech and thereby gain a greater latitude of interpretation in the courts. This strategy has been criticized by both liberals and conservatives as demeaning to the concepts of belief and worship, yet it has been successful. The long-term agenda of the NCR as illuminated by this study is to shape church-state jurispridence in a way that permits free course for the Christian gospel. This result, they believe, would retard further secularization of the American way of life. Brown presents his research and conclusions from a balanced viewpoint, In filling a distinct void in the literature, this book will be of considerable interest to political scientists, legal scholars, law schools and seminaries, and anyone concerned with the intersection of religion and judicial politics. - Publisher.

Harvard Law Review

Author: Harvard Law Review
Publisher: Quid Pro Books
ISBN: 1610278801
Size: 64.53 MB
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The Harvard Law Review is offered in a digital edition, featuring active Contents, linked notes, and proper ebook formatting. The contents of Issue 7 include a Symposium on privacy and several contributions from leading legal scholars: Article, "Agency Self-Insulation Under Presidential Review," by Jennifer Nou Commentary, "The Office of Information and Regulatory Affairs: Myths and Realities," by Cass R. Sunstein SYMPOSIUM: PRIVACY AND TECHNOLOGY "Introduction: Privacy Self-Management and the Consent Dilemma," by Daniel J. Solove "What Privacy Is For," by Julie E. Cohen "The Dangers of Surveillance," by Neil M. Richards "The EU-U.S. Privacy Collision: A Turn to Institutions and Procedures," by Paul M. Schwartz "Toward a Positive Theory of Privacy Law," by Lior Jacob Strahilevitz Book Review, "Does the Past Matter? On the Origins of Human Rights," by Philip Alston A student Note explores "Enabling Television Competition in a Converged Market." In addition, extensive student analyses of Recent Cases discuss such subjects as First Amendment implications of falsely wearing military uniforms, First Amendment implications of public employment job duties, justiciability of claims that Scientologists violated trafficking laws, habeas corpus law, and ineffective assistance of counsel claims. Finally, the issue includes several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2000 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is May 2013, the 7th issue of academic year 2012-2013 (Volume 126).

The World Of Antebellum America A Daily Life Encyclopedia 2 Volumes

Author: Alexandra Kindell
Publisher: ABC-CLIO
ISBN: 1440837112
Size: 55.92 MB
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This set provides insight into the lives of ordinary Americans free and enslaved, in farms and cities, in the North and the South, who lived during the years of 1815 to 1860. • Provides intimate details about the personal lives of Americans during the Antebellum Era • Demonstrates the diversity of the American experience in the years before the Civil War • Makes clear how hard Americans worked to build their lives while still participating in the democratic process • Explores how Americans dealt with the daily demands of life as national and regional issues created insecurity and instability • Includes 40 primary source documents with detailed introductions to realize Antebellum America

Deciding To Leave

Author: Artemus Ward
Publisher: SUNY Press
ISBN: 9780791456521
Size: 49.95 MB
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The first sustained examination of the process by which justices elect to leave the United States Supreme Court.

The Routledge History Of Nineteenth Century America

Author: Jonathan Daniel Wells
Publisher: Routledge
ISBN: 131766549X
Size: 48.59 MB
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The Routledge History of Nineteenth-Century America provides an important overview of the main themes within the study of the long nineteenth century. The book explores major currents of research over the past few decades to give an up-to-date synthesis of nineteenth-century history. It shows how the century defined much of our modern world, focusing on themes including: immigration, slavery and racism, women's rights, literature and culture, and urbanization. This collection reflects the state of the field and will be essential reading for all those interested in the development of the modern United States.

The Cambridge History Of Law In America

Author: Michael Grossberg
Publisher: Cambridge University Press
ISBN: 0521803055
Size: 20.72 MB
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This volume covers American law from the earliest settlement and colonization of North America.

New Field New Corn

Author: Paul M. Pruitt, Jr.
Publisher: Quid Pro Books
ISBN: 1610273109
Size: 26.87 MB
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NEW FIELD, NEW CORN is an anthology of research papers that explore a range of topics from the rich legal history of the state of Alabama and its influential legal and judicial figures. Contemporary photography and maps are featured as well. “New Field, New Corn presents eight new essays on Alabama legal history from the pre-Civil War era through the Civil Rights era. These elegant and novel chapters survey a broad spectrum, from economics, race, education, and professional concerns of lawyers, to plain old legal doctrine, to show how those variables affected the state’s development. These essays reveal why we need intensive studies of American law at the state and county level in the 19th and 20th centuries. For they demonstrate that law is embedded in our culture. These invite many other studies, from the county level on up, in other states, to demonstrate how law lies at the center of nation’s history. They reaffirm my faith that there are many, many fascinating stories left to tell about our nation’s journey towards fulfilling the promises of law.” — Alfred L. Brophy Judge John J. Parker Distinguished Professor of Law University of North Carolina–Chapel Hill Author, Reparations: Pro and Con (2006) and Reconstructing the Dreamland (2002) “Alabama legal history can be surprising. Usually, this history is identified with dominant one-party politics, slavery, racial segregation, and limited social welfare. University of Alabama Law School legal historian Paul Pruitt’s collection of young lawyers’ research reveals a new field. It extends out from legal subjects, embracing new perceptions of law in society across Alabama history. The collection rests on broad research. Lawyers working in diverse fields have produced Alabama legal history that sets a new standard.” — Tony Freyer University Research Professor of History and Law, Emeritus University of Alabama Author, Hugo L. Black and the Dilemma of American Liberalism (2007), and coauthor, Democracy and Judicial Independence (1996) The volume’s contents include: • Bryan K. Fair’s Foreword: “Critiquing Our Present, Interrogating Our Past” • Paul M. Pruitt, Jr.’s Introduction: “Alabama Legal History as a Field of Study” • Warren Hoffman: “Developments of the Enclosure Movement in Alabama: Disrupting the Free Roaming” • Paul Rand: “Flush Times in the Chancery: A Brief Note on the History of Equity and Trusts” • Helen Eckinger: “The Militarization of the University of Alabama” • Eddie Lowe: “Economic Growth in Blount County/Onteonta: Attorneys, Companies, and Cases” • Mike Dodson: “Pioneers in Alabama Legal History: A Firm Understanding of the History of Alabama” • Courtney Cooper: “A Man in a Boy’s Coat: The Evolution of Alabama’s Constitutions” • Deirdra Drinkard: “The Uniform Beneath the Robe” • Ellie Campbell: “The ‘Breakthrough Verdict’: Strange v. State” A compelling new addition to the Legal History & Biography Series from Quid Pro Books.

From Hometown To Battlefield In The Civil War Era

Author: Timothy R. Mahoney
Publisher: Cambridge University Press
ISBN: 1316720780
Size: 21.70 MB
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Mahoney examines how members of the middle class from small cities across the great West were transformed by boom and bust, years of recession, and civil war. He argues that in their encounters with national economic forces, the national crisis in politics, and the Civil War, middle class people were cut adrift from the social identity that they had established in the 'face to face' communities of the 'hometowns' of the urban West. By grounding them in their hometown ethos, and understanding how the Panic of 1857 and the subsequent recession undermined their lives, the author provides important insights into how they encountered, responded to, and were changed by their experiences in the Civil War. Providing a rare view of social history through the framework of the Civil War, the author documents, in both breadth and depth, the dramatic change and development of modern life in nineteenth-century America.

Defying Disfranchisement

Author: R. Volney Riser
Publisher: LSU Press
ISBN: 9780807137413
Size: 35.15 MB
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In the late nineteenth and early twentieth century, Jim Crow strengthened rapidly and several southern states adopted new constitutions designed primarily to strip African American men of their right to vote. Since the Fifteenth Amendment to the United States Constitution prohibited eliminating voters based on race, the South concocted property requirements, literacy tests, poll taxes, white primaries, and white control of the voting apparatus to eliminate the region's black vote almost entirely. Desperate to save their ballots, black political leaders, attorneys, preachers, and activists fought back in the courts, sustaining that resistance until the nascent NAACP took over the legal battle. In Defying Disfranchisement, R. Volney Riser documents a number of lawsuits challenging restrictive voting requirements. Though the U.S. Supreme Court received twelve of these cases, that body coldly ignored the systematic disfranchisement of black southerners. Nevertheless, as Riser shows, the attempts themselves were stunning and demonstrate that African Americans sheltered and nurtured a hope that led to wholesale changes in the American legal and political landscape. Riser chronicles numerous significant antidisfranchisement cases, from South Carolina's Mills v. Green (1985), the first such case to reach the Supreme Court, and Williams v. Mississippi, (1898), the well-known but little-understood challenge to Mississippi's constitution, to the underappreciated landmark Giles v. Harris -- described as the "Second Dred Scott" by contemporaries -- in which the Court upheld Alabama's 1901 state constitution. In between, he examines a host of voting rights campaigns waged throughout the country and legal challenges initiated across the South by both black and white southerners. Often disputatious, frequently disorganized, and woefully underfunded, the antidisfranchisement activists of 1890--1908 lost, and badly; in some cases, their repeated and infuriating defeats not only left the status quo in place but actually made things worse. Regardless, they brought attention to the problem and identified the legal questions and procedural difficulties facing African Americans. Rather than present southern blacks as victims during the roughest era of discrimination, in Defying Disfranchisement Riser demonstrates that they fought against Jim Crow harder and earlier than traditional histories allow, and they drew on their own talents and resources to do so. With slim ranks and in the face of many defeats, this daring and bold cadre comprised a true vanguard, blazing trails that subsequent generations of civil rights activists followed and improved. By making a fight at all, Riser asserts, these organizers staged a necessary and instructive prelude to the civil rights movement.