He describes a new and better manner of deliberating about who should serve on the Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates.
The author focuses directly on the Constitution's seemingly undemocratic features. He argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy.
Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Land Use Controls: Cases and Materialsemphasizes an interdisciplinary approach that weaves historical, social, and economic causes and effects of legal doctrine. The casebook also brings out the functional relationships between formally unrelated routes of law—statutes, ordinances, constitutional doctrines, and common law—by focusing on their practical deployment, developers, neighbors, planners, politicians, and their empirical effects on outcomes like neighborhood quality, housing supply, racial segregation, and tax burdens. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. New to the Fifth Edition: A focus on affordability and the new conflicts over urban zoning A fully updated treatment of local administrative law Recent constitutional rulings, including up-to-date Supreme Court decisions on exactions and regulatory takings Thoroughly updated notes, with recent cases, law review literature, and empirical studies Professors and students will benefit from: Distinguished authorship by respected scholars and professors with a range of expertise An interdisciplinary approach combining historical, social, political, and economic perspectives and offering dynamic opportunities for analysis along with broad legal coverage Concise but comprehensive treatment of the legal issues in private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development A thematic framework illuminating connections among multiple discrete topics under land law and the factual and political context of cases and aftermath of decisions Excellent coverage and dynamic pedagogy
Religion and the Constitution, Fifth Edition, is a casebook unparalleled in how it synthesizes judicial decisions and legal doctrines together with materials from history, the study of religion, and other related disciplines. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Religion and the Constitution, Fifth Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This proven casebook is suitable for courses or seminars in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law. The Fifth Edition has been updated with discussions of the Supreme Court’s many recent religious liberty cases, decided against the tumultuous backdrop of pandemic restrictions and intensifying “culture wars.” New to the Fifth Edition: Recent decisions on COVID-related restrictions of religious worship and the meaning of the requirement that laws burdening religion be “neutral and generally applicable.” Recent decisions on the clash between sexual-orientation nondiscrimination laws and religious objectors: Masterpiece Cakeshop and Fulton v. Philadelphia. Recent decisions forbidding exclusion of religious entities from generally available government funding programs: Trinity Lutheran v. Comer and Espinoza v. Dept. of Revenue. The recent decision presumptively validating longstanding government displays with religious content, namely American Legion v. American Humanist Assn. Professors and students will benefit from: A casebook structured to stress three recurring themes that contextualize current debate regarding matters of church-and-state: Free exercise of religion in the face of government regulation. Government financial assistance to religious institutions. The role of religion in government institutions, such as schools. Notes and questions that connect older controversies with modern constitutional disputes. Problems that enable students to understand the legal materials on their own terms and apply them to new issues. A thorough examination and explanation of the various interrelations between the free exercise and establishment clauses. Historical and other background materials that are sufficiently scholarly and authoritative that the United States Supreme Court recently cited the book in its decision in Espinoza v. Dep’t of Revenue (2020)
This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. --
The Supreme Court appointments process is broken, and the timing couldn't be worse--for liberals or conservatives. The Court is just one more solid conservative justice away from an ideological sea change--a hard-right turn on an array of issues that affect every American, from abortion to environmental protection. But neither those who look at this prospect with pleasure nor those who view it with horror will be able to make informed judgments about the next nominee to the Court--unless the appointments process is fixed now. In The Next Justice, Christopher Eisgruber boldly proposes a way to do just that. He describes a new and better manner of deliberating about who should serve on the Court--an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates. Long on partisan rancor and short on serious discussion, today's appointments process reveals little about what kind of judge a nominee might make. Eisgruber argues that the solution is to investigate how nominees would answer a basic question about the Court's role: When and why is it beneficial for judges to trump the decisions of elected officials? Through an examination of the politics and history of the Court, Eisgruber demonstrates that pursuing this question would reveal far more about nominees than do other tactics, such as investigating their views of specific precedents or the framers' intentions. Written with great clarity and energy, The Next Justice provides a welcome exit from the uninformative political theater of the current appointments process.
Now in an extensively revised tenth edition, Introducing Public Administration provides students with the conceptual foundation they need, while introducing them to important trends in the discipline. This classic textbook—blending historical accounts with contemporary events—examines the most important issues in the field of public administration through the use of examples from various disciplines and modern culture. Its approach of using extensive case studies at the end of each chapter encourages students to think critically about the nature, purpose, and public value of public administration today. Refreshed and revised throughout, the tenth edition contains a number of critical updates for the field: All-new case studies at the end of each chapter to address various challenges, including social justice, climate change action, smart cities, transforming governmental institutions, and economic responses to the global pandemic. The case studies—many with legal dimensions as well—cover emerging issues and are well suited for further research by students. Two chapters by contributing authors on 1) Social equity and justice, covering contemporary challenges in the US, from police reform to voting rights and homelessness, and 2) Public budgeting, contrasting government fiscal efforts between two recessions, illuminating successes and failures with a case study on the federal government shutdown in 2019 over border wall funding. Keynotes at the start of each chapter to help introduce students to historical figures, contemporary dilemmas, and examples of public service in action, including subjects such as diversity and inclusion, marijuana legalization, organizational effects of remote work, and examining scenarios for the future. A completely rewritten concluding chapter on leadership, followership, and leading teams with a discussion of destructive leadership types and a flipped case study on defining what leadership effectiveness is. Complete with a fully updated companion website containing instructor slides for each chapter, a chapter-by-chapter instructor’s manual and sample syllabus, student learning objectives, and self-test questions, Introducing Public Administration is the ideal introduction to the discipline for first year masters students, as well as for the growing number of undergraduate public administration courses and programs.
Most of us regard the Constitution as the foundation of American democracy. How, then, are we to understand the restrictions that it imposes on legislatures and voters? Why, for example, does the Constitution allow unelected judges to exercise so much power? And why is this centuries-old document so difficult to amend? In short, how can we call ourselves a democracy when we are bound by an entrenched, and sometimes counter-majoritarian, constitution? In Constitutional Self-Government, Christopher Eisgruber focuses directly on the Constitution's seemingly undemocratic features. Whereas other scholars have tried to reconcile these features with majority rule, or simply acknowledged them as necessary limits on democracy, Eisgruber argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy. In an original and provocative argument, he contends that legislatures and elections provide only an incomplete representation of the people, and he claims that the Supreme Court should be regarded as another of the institutions able to speak for Americans about justice. At a pivotal moment of worldwide interest in judicial review and renewed national controversy over the Supreme Court's role in politics, Constitutional Self-Government ingeniously locates the Constitution's value in its capacity to sustain an array of institutions that render self-government meaningful for a large and diverse people.
Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
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