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This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

Caplan explores the evolution of affirmative action law by the Supreme Court and demonstrates how this evolution is fundamentally at odds with the way that affirmative action has developed throughout America.

That Scalia has most profoundly affected, particularly constitutional protections for property rights. Citing Scalia's use of judicial review to check legislative power and his attempts to limit several types of individual rights developed during the Warren and Burger courts, the authors conclude that Scalia's decisions reflect an effort to create a post-Carolene Products jurisprudence and to form a new pattern of assumptions regarding the role of the Supreme Court in.

The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject.

Footnote is a clever, funny and irreverent autobiography about a boy from depressing small town England ditching Mormonism, finding punk rock, squatting with his mates and promoting political insurrection. After years of earnest, determined (if not talented) gigging, his pop/punk group, Chumbawamba, make it BIG with "Tubthumping." Not another plodding rock memoir but a compassionate, critical, and sometimes cynical account of a life steeped in pop culture, class conflict, political activism, and what the British call "football." Fantastic.

The Art of the Footnote reacquaints students and writers with the footnote as the most effective method for presenting all of the information that is necessary to make every manuscript lucid for every reader. This book shows why footnotes are valuable, even essential, as a part of writing in the context of the scientific and historical methods of research; how easy it is to become thoroughly familiar with the various types of notes and when to employ them; and how to create footnotes which are both clear and helpful to the reader. This book will be helpful in writing undergraduate term papers to large monographs because it describes specific cases in which footnoting is appropriate and it illustrates those with examples drawn from a variety of writings.

"A history of the most famous, and infamous, footnotes in leading US Supreme Court cases"--

When the evil Finnegan kidnaps young Joan Wildsom, it can only mean the beginning of an epic fantasy adventure. Join our heroes as they try to save their little girl, and join the comic relief as they sit by and... make fun of the heroes. This family-friendly comedy is unique in that the characters themselves create footnotes to comment on the world around them. They make fun of the villain's dress sense, something the hero said, something the narrator said, and even each other!