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Liberty Property And Privacy

Author: Edward Keynes
Publisher: Penn State Press
ISBN: 9780271041636
Size: 61.52 MB
Format: PDF, Docs
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In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting &"liberty of contract&" against economic regulation to protecting &"privacy&" and other noneconomic rights (as in Roe v. Wade) against social regulation.

Encyclopedia Of American Civil Liberties

Author: Paul Finkelman
Publisher: Routledge
ISBN: 1135947058
Size: 34.79 MB
Format: PDF
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This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.

Lochner V New York

Author: Paul Kens
ISBN: 9780700609192
Size: 71.13 MB
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Lochner v. New York (1905), which pitted a conservative activist judiciary against a reform-minded legislature, remains one of the most important and most frequently cited cases in Supreme Court history. In this concise and readable guide, Paul Kens shows us why the case remains such an important marker in the ideological battles between the free market and the regulatory state. The Supreme Court's decision declared unconstitutional a New York State law limiting bakery workers to no more than ten hours per day or sixty hours per week. By evoking its "police power," the state hoped to eliminate the employers' abuse of these workers. But the 5-4 majority opinion, authored by Justice Rufus Peckham and renounced by Justice Oliver Wendell Holmes, cited the state's violation of due process and the "right of contract between employers and employees," which the majority believed was protected by the Fourteenth Amendment. Critics jumped on the decision as an example of conservative juidicial activism promoting laissez-faire capitalism at the expense of progressive reform. As series editors Peter Hoffer and N.E.H. Hull note in their preface, "the case also raised a host of significant questions regarding the impetus of state legislatures to enter the workplace and regulate hours, wages, and working conditions; of the role of courts as monitors of the constitutionality of state regulation of the economy; and of the place of economic and moral theories in judicial thinking." Kens, however, reminds us that these hotly contested ideas and principles emerged from a very real human drama involving workers, owners, legislators, lawyers, and judges. Within the crucible of an industrializing America, their story reflected the fierce competition between two powerful ideologies.

American Constitutional Law

Author: Otis H. Stephens
Publisher: Wadsworth Publishing Company
Size: 33.56 MB
Format: PDF
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Contains a balance of case studies and commentary. Each chapter opens with an introductory essay which is followed by a discussion of the chapter material, and ends with a series of pertinent case studies. This balance appeals to both instructors of political science and to instructors of law.

American Civil Liberties

Author: Otis H. Stephens
Publisher: Wadsworth Publishing Company
ISBN: 9780534549541
Size: 50.62 MB
Format: PDF, ePub
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Intended for the second semester of constitutional law course, often called Civil Liberties, a standard offering in all four-year political science departments. It is taken by pre-law students as well as many political science majors (and non-majors). This book is not merely a casebook but a comprehensive textbook that caters to the undergraduate constitutional law student.