Religion and the Constitution, Fourth 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 classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law.
Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.
In one of the most thorough accounts of the Establishment Clause of the First Amendment, Nathan S. Chapman and Michael W. McConnell provide an insightful overview of the legal history and meaning of the clause, as well as its value for promoting equal religious freedom and diversity in contemporary America. The Establishment Clause of the First Amendment, "Congress shall make no law respecting an establishment of religion", may be the most contentious and misunderstood provision of the entire U.S. Constitution. It lies at the heart of America's culture wars. But what, exactly, is an "establishment of religion"? And what is a law "respecting" it? Many commentators reduce the clause to "the separation of church and state." This implies that church and state are at odds, that the public sphere must be secular, and that the Establishment Clause is in tension with the Free Exercise of Religion Clause. All of these implications misconstrue the Establishment Clause's original purpose and enduring value for a religiously pluralistic society. The clause facilitates religious diversity and guarantees equality of religious freedom by prohibiting the government from coercing or inducing citizens to change their religious beliefs and practices. In Agreeing to Disagree, Nathan S. Chapman and Michael W. McConnell detail the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. Americans in the early Republic were intimately acquainted with the laws used in England, the colonies, and early states to enforce religious uniformity. The Establishment Clause was understood to prohibit the government from incentivizing such uniformity. Chapman and McConnell show how the U.S. Supreme Court has largely implemented these purposes in cases addressing prayer in school, state funding of religious schools, religious symbols on public property, and limits on religious accommodations. In one of the most thorough accounts of the Establishment Clause, Chapman and McConnell argue that the clause is best understood as a constitutional commitment for Americans to agree to disagree about matters of faith.
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.
This second edition provides extensive information on the attributes of the Natural Gas Hydrate (NGH) system, highlighting opportunities for the innovative use and modification of existing technologies, as well as new approaches and technologies that have the potential to dramatically lower the cost of NGH exploration and production. Above all, the book compares the physical, environmental, and commercial aspects of the NGH system with those of other gas resources. It subsequently argues and demonstrates that natural gas can provide the least expensive energy during the transition to, and possibly within, a renewable energy future, and that NGH poses the lowest environmental risk of all gas resources. Intended as a non-mathematical, descriptive text that should be understandable to non-specialists as well as to engineers concerned with the physical characteristics of NGH reservoirs and their production, the book is written for readers at the university graduate level. It offers a valuable reference guide for environmentalists and the energy community, and includes discussions that will be of great interest to energy industry professionals, legislators, administrators, regulators, and all those concerned with energy options and their respective advantages and disadvantages.
The Finch & Roberts Federal Courts casebook, now in its fourth edition, showcases thoughtfully curated cases that keep exactly what you need for appreciating core concepts and court reasoning. The text introducing and connecting cases provides clear, insightful points to guide the reader. Charts, bulleted lists, and graphs also illuminate key doctrines and shifts. The casebook brings the complex material to life for students by introducing chapters with a Reference Problem highlighting essential issues of the chapter. For students that crave more application, the chapters provide numerous additional problems based on recent vexing cases and thought-provoking hypothetical fact patterns. This casebook sets the stage for dynamic, exciting treatment of seminal federal courts cases, doctrinal intricacies, practical litigation strategies, and lively classroom discussion. Students will enhance their knowledge of federal court power and gain insights for more effectively applying and comparing federal jurisdiction doctrines and principles. Finally, the casebook and teacher’s manual provide opportunities to empower students to synthesize across the material, question judicial reasoning, and contemplate ideal reforms. New to the 4th Edition: ● Updates each chapter with key cases, case excerpts, text additions, and doctrinal developments, e.g., TransUnion, Allen v. Cooper, Texas v. PennEast Pipeline Co., and Brown v. Davenport. ● Reorganizes and streamlines justiciability coverage for clarity and flow. ● Maintains all seminal cases but incorporates thoughtful revisions to aid comprehension and eliminate unnecessary explorations based on adopter feedback. ● Updates charts, graphs, and problems based on new data, statistics, and cases such as pipeline litigation and related jurisdiction-stripping statutes. ● Sharpens case excerpts to enhance reading assignments and deepen discussions. Professors and students will benefit from: ● Application opportunities with Reference Problems, Questions, and additional problems. ● Clarity of textual material that includes doctrinal highlights, decision trees, diagrams, charts, and other dynamic visual aids. ● Crisp, insightful case excerpts with helpful connecting explanatory text.
This is a sophisticated introduction to constitutional law, and a rich blend of discussion of Supreme Court decisions and theories that drive constitutional debates. Analysis of cases illustrates theories of constitutional justice, and probing consideration of leading theories illuminates the deeper stakes of disputes and judicial rulings."-Richard Fallon, Ralph S. Tyler, Jr. Professor of Constitutional Law, Harvard Law School.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This forward-thinking book illustrates the complexities of the morality of human rights. Emphasising the role of human rights as the only true global political morality to arise since the Second World War, chapters explore its role as applied to often controversial issues, such as capital punishment, the exclusion of same-sex couples from civil marriage and criminal abortion bans.
Several of the most divisive moral conflicts that have beset Americans in the period since World War II have been transmuted into constitutional conflicts and resolved as such. In his new book, eminent legal scholar Michael Perry evaluates the grave charge that the modern Supreme Court has engineered a "judicial usurpation of politics." In particular, Perry inquires which of several major Fourteenth Amendment conflicts--over race segregation, race-based affirmative action, sex-based discrimination, homosexuality, abortion, and physician-assisted suicide--have been resolved as they should have been. He lays the necessary groundwork for his inquiry by addressing questions of both constitutional theory and constitutional history. A clear-eyed examination of some of the perennial controversies in American life, We the People is a major contribution to modern constitutional studies.
Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.
Legislative Process is the only casebook that provides in-depth coverage of the goals, structures, processes, powers, and rules of Congress and its committees and subcommittees. With its extraordinarily impressive authorship team consisting of Abner J. Mikva, Eric Lane, Michael Gerhardt, and Daniel Hemel (each of whom has had significant legislative experience), this important casebook serves as an insider's perspective on the legislative process. The book takes a practical and process-oriented approach. It provides historical context on the role and drafting and interpretation of statutes, and includes extensive use of primary materials, including bills and statutes, committee reports and debates, legislative rules, constitutional provisions and other legislative authorities, and judicial decisions. New to the Fifth Edition: Up-to-date legislative and judicial developments regarding the Voting Rights Act of 1965, the Affordable Care Act, the budget process, and other landmark congressional statutes In-depth analyses of the two impeachments of Donald Trump and Supreme Court confirmation proceedings over the last few decades Comprehensive analysis of the mechanisms, besides impeachment, for holding presidents accountable for their misconduct Consideration of various proposals for reforming the federal law-making process Professors and students will benefit from: The detailed descriptions of the law-making process within Congress Comprehensive analysis of the relative scope of major congressional powers Inside accounts of legislative activities, including committee and subcommittee work The use of the casebook as a handbook for anyone interested in knowing more, or working in, Congress or state legislatures
In the period since the end of the Second World War, there has emerged what never before existed: a truly global morality. Some of that morality - the morality of human rights - has become entrenched in the constitutional law of the United States. This book explicates the morality of human rights and elaborates three internationally recognized human rights that are embedded in US constitutional law: the right not to be subjected to cruel, inhuman or degrading punishment; the right to moral equality; and the right to religious and moral freedom. The implications of one or more of these rights for three great constitutional controversies - capital punishment, same-sex marriage and abortion - are discussed in-depth. Along the way, Michael J. Perry addresses the question of the proper role of the Supreme Court of the United States in adjudicating these controversies.
The book is an up-to-date basic reference for natural gas hydrate (NGH) in the Arctic Ocean. Geographical, geological, environmental, energy, new technology, and regulatory matters are discussed. The book should be of interest to general readers and scientists and students as well as industry and government agencies concerned with energy and ocean management. NGH is a solid crystalline material that compresses gas by about a factor of about 164 during crystallization from natural gas (mainly methane) - rich pore waters over time. NGH displaces water and may form large concentrations in sediment pore space. Its formation introduces changes in the geotechnical character of host sediment that allows it to be distinguished by seismic and electric exploration methods. The chemical reaction that forms NGH from gas and water molecules is highly reversible, which allows controlled conversion of the NGH to its constituent gas and water. This can be achieved rapidly by one of a number of processes including heating, depressurization, inhibitor injection, dissolution, and molecular replacement. The produced gas has the potential to make NGH a valuable unconventional natural gas resource, and perhaps the largest on earth. Estimates for NGH distribution, concentration, economic targets, and volumes in the Arctic Ocean have been carried out by restricting the economic target to deepwater turbidite sands, which are also sediment hosts for more deeply buried conventional hydrocarbon deposits. Resource base estimates are based on NGH petroleum system analysis approach using industry-standard parameters along with analogs from three relatively well known examples (Nankai-Japan, Gulf of Mexico-United States, and Arctic permafrost hydrate). Drilling data has substantiated new geotechnical-level seismic analysis techniques for estimating not just the presence of NGH but prospect volumes. In addition to a volumetric estimate for NGH having economic potential, a sedimentary depositional model is proposed to aid exploration in the five different regions around the deep central Arctic Ocean basin. Related topics are also discussed. Transport and logistics for NGH may also be applicable for stranded conventional gas and oil deposits. Arising from a discussion of new technology and methodologies that could be applied to developing NGH, suggestions are made for the lowering of exploration and capital expenses that could make NGH competitive on a produced cost basis. The basis for the extraordinarily low environmental risk for exploration and production of NGH is discussed, especially with respect to the environmentally fragile Arctic region. It is suggested that because of the low environmental risk, special regulations could be written that would provide a framework for very low cost and safe development.
Annotation Provides current information on the use of stabilization and solidification (S/S), as well as an international perspective on the role of S/S for treating waste residues. Thirty-nine papers by researchers working with S/S technologies from both the low-level radioactive and chemically hazardous waste communities are presented in sections on: regulatory and technical guidance; specialty wastes--organics, ashes, and resins; laboratory-scale leachability studies; laboratory-scale process development; test method development; and large-scale evaluation or demonstration. Member price, $62. Annotation copyrighted by Book News, Inc., Portland, OR.
The most authoritative, comprehensive, and clinicallyfocused guide to operative thoracic surgery--updatedwith the latest techniques and technologies A Doody’s Core Title for 2019! Adult Chest Surgery is a thorough, hands-on guide to the modern practice of general thoracic surgery. Broad in scope and straightforward in style and presentation, this classic is an outstanding reference for any clinician in need of a comprehensive description ofthe clinical nature of general thoracic surgery. Like its award-winning predecessor, the second edition of Adult Chest Surgery focuses on providing concise descriptions of current techniques and surgical principles for the most common thoracic surgical problems encountered in the clinic and the operating room. This edition is enhanced by 40 new chapters devoted to a range of topics including new endoscopic techniques for antireflux surgery; percutaneous thoracic tumor ablation; peroral esophageal myotomy; robotic techniques for lobectomy, esophagectomy, and thymectomy; and other new minimally invasive approaches to standard thoracic resections. It is also enriched by more than 250 new detailed illustrations of procedures, bringing the total number to 850. Adult Chest Surgery features a logical organization based on anatomy, and each section has an overview chapter, which summarizes the relevant anatomy, pathophysiology, and diagnostic and procedural options. Throughout, operations and diagnostic procedures are highlighted in succinct, illustrated technique chapters.
This will help us customize your experience to showcase the most relevant content to your age group
Please select from below
Login
Not registered?
Sign up
Already registered?
Success – Your message will goes here
We'd love to hear from you!
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.