Contrasts liberal views in the tradition of John Locke with conservative Whig attitudes as personified by Edmund Burke in a consideration of moral duty and civil disobedience
This classic book on the role of the Supreme Court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court’s power. In this way he accomplishes his stated purpose: “to have the Supreme Court’s exercise of judicial review better understood and supported and more sagaciously used.” The book now includes new foreword by Henry Wellington.Reviews of the Earlier Edition:“Dozens of books have examined and debated the court’s role in the American system. Yet there remains great need for the scholarship and perception, the sound sense and clear view Alexander Bickel brings to the discussion.... Students of the court will find much independent and original thinking supported by wide knowledge. Many judges could read the book with profit.” -Donovan Richardson, Christian Science Monitor“The Yale professor is a law teacher who is not afraid to declare his own strong views of legal wrongs... One of the rewards of this book is that Professor Bickel skillfully knits in "ations from a host of authorities and, since these are carefully documented, the reader may look them up in their settings. Among the author’s favorites is the late Thomas Reed Powell of Harvard, whose wit flashes on a good many pages.” -Irving Dillard, Saturday ReviewAlexander M. Bickel was professor of law at Yale University.
In recent years, increasing concern has been voiced about the nature and extent of human experimentation and its impact on the investigator, subject, science, and society. This casebook represents the first attempt to provide comprehensive materials for studying the human experimentation process. Through case studies from medicine, biology, psychology, sociology, and law—as well as evaluative materials from many other disciplines—Dr. Katz examines the problems raised by human experimentation from the vantage points of each of its major participants—investigator, subject, professions, and state. He analyzes what kinds of authority should be delegated to these participants in the formulation, administration, and review of the human experimentation process. Alternative proposals, from allowing investigators a completely free hand to imposing centralized governmental control, are examined from both theoretical and practical perspectives. The conceptual framework of Experimentation with Human Beings is designed to facilitate not only the analysis of such concepts as "harm," "benefit," and "informed consent," but also the exploration of the problems raised by man's quest for knowledge and mastery, his willingness to risk human life, and his readiness to delegate authority to professionals and rely on their judgment.
A comprehensive study of proportional analysis in free speech theory, this book challenges US Supreme Court's categorical approach and helps readers understand the breadth of concerns arising from regulations impacting expression.
This classic book on the role of the Supreme Court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court’s power. In this way he accomplishes his stated purpose: “to have the Supreme Court’s exercise of judicial review better understood and supported and more sagaciously used.” The book now includes new foreword by Henry Wellington.Reviews of the Earlier Edition:“Dozens of books have examined and debated the court’s role in the American system. Yet there remains great need for the scholarship and perception, the sound sense and clear view Alexander Bickel brings to the discussion.... Students of the court will find much independent and original thinking supported by wide knowledge. Many judges could read the book with profit.” -Donovan Richardson, Christian Science Monitor“The Yale professor is a law teacher who is not afraid to declare his own strong views of legal wrongs... One of the rewards of this book is that Professor Bickel skillfully knits in "ations from a host of authorities and, since these are carefully documented, the reader may look them up in their settings. Among the author’s favorites is the late Thomas Reed Powell of Harvard, whose wit flashes on a good many pages.” -Irving Dillard, Saturday ReviewAlexander M. Bickel was professor of law at Yale University.
A New Statesman Book of the Year “America’s greatest historian of democracy now offers an extraordinary history of the most bizarre aspect of our representative democracy—the electoral college...A brilliant contribution to a critical current debate.” —Lawrence Lessig, author of They Don’t Represent Us Every four years, millions of Americans wonder why they choose their presidents through an arcane institution that permits the loser of the popular vote to become president and narrows campaigns to swing states. Congress has tried on many occasions to alter or scuttle the Electoral College, and in this master class in American political history, a renowned Harvard professor explains its confounding persistence. After tracing the tangled origins of the Electoral College back to the Constitutional Convention, Alexander Keyssar outlines the constant stream of efforts since then to abolish or reform it. Why have they all failed? The complexity of the design and partisan one-upmanship have a lot to do with it, as do the difficulty of passing constitutional amendments and the South’s long history of restrictive voting laws. By revealing the reasons for past failures and showing how close we’ve come to abolishing the Electoral College, Keyssar offers encouragement to those hoping for change. “Conclusively demonstrates the absurdity of preserving an institution that has been so contentious throughout U.S. history and has not infrequently produced results that defied the popular will.” —Michael Kazin, The Nation “Rigorous and highly readable...shows how the electoral college has endured despite being reviled by statesmen from James Madison, Thomas Jefferson, and Andrew Jackson to Edward Kennedy, Bob Dole, and Gerald Ford.” —Lawrence Douglas, Times Literary Supplement
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