Professor of Law Michael Klarman's Books

Federalism and the Tug of War Within

By: Professor Erin Ryan

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Federalism and the Tug of War Within

By: Professor Erin Ryan

Federalism and the Tug of War Within explores how constitutional interpreters reconcile the competing values that underpin American federalism, with real consequences for governance that require local and national collaboration. Drawing examples from Hurricane Katrina, climate governance, health care reform, and other problems of local and national authority, author Erin Ryan demonstrates how the Supreme Court's federalism jurisprudence can inhibit effective inter-jurisdictional governance by failing to navigate the tensions within federalism itself. The Constitution's dual sovereignty directive fosters an ideal set of good governance values, including checks and balances, accountability, local autonomy, and local and national synergy, that are nevertheless in constant competition. This inherent "tug of war" is responsible for the epic instability in the Court's federalism jurisprudence, but it is poorly understood. With new conceptual vocabulary to wrestle with old dilemmas, Ryan traces the development of federalism's tug of war, and proposes innovations to manage judicial, legislative, and executive efforts with more focus. Her analysis clarifies how the tug of war is already mediated through balancing, compromise, and negotiation. She proposes a Balanced Federalism model that mediates tensions on three separate planes: fostering balance among competing federalism values, leveraging the functional capacities of the three branches in interpreting federalism, and maximizing the wisdom of both state and federal actors in so doing. The new framework better harmonizes values that-though in tension-have made the American system of government so effective and enduring.

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429

Publisher

Oxford University Press

Published Date

ISBN 10

0199876339

ISBN 13

9780199876334

Constitutional Construction

Divided Powers and Constitutional Meaning

By: Keith E. Whittington,William Nelson Cromwell Professor of Politics and the Director of Graduate Studies in the Department of Politics Keith E Whittington

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Constitutional Construction

Divided Powers and Constitutional Meaning

By: Keith E. Whittington,William Nelson Cromwell Professor of Politics and the Director of Graduate Studies in the Department of Politics Keith E Whittington

This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

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315

Publisher

Harvard University Press

Published Date

ISBN 10

0674045157

ISBN 13

9780674045156

For the People?

Democratic Representation in America

By: Charles R Beitz,Edwards S Sandford Professor of Politics Charles R Beitz

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For the People?

Democratic Representation in America

By: Charles R Beitz,Edwards S Sandford Professor of Politics Charles R Beitz

Many observers of American politics believe that representative government, particularly in the Congress, is failing. This book examines the case for failure: what are the outward signs, and how do they reflect breaches of underlying norms of fair and effective representation? The book argues that good representation demands healthy competition between parties, but that in today's America, that competition has run off the rails.

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247

Publisher

Oxford University Press

Published Date

ISBN 10

0197780431

ISBN 13

9780197780435

Constitutional Law

By: Geoffrey R. Stone,Louis Michael Seidman,Robert Walmsley University Professor Cass R Sunstein

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Constitutional Law

By: Geoffrey R. Stone,Louis Michael Seidman,Robert Walmsley University Professor Cass R Sunstein

This 1996 edition of the phenomenally popular CONSTITUTIONAL LAW, by Stone, Seidman, Sunstein, and Tushnet, continues to offer the most vibrant and challenging set of teaching materials available for your course. Retaining its popular interdisciplinary focus on historical, political, and sociological emphasis, this edition features: streamlined notes and tightened case editing an entire section on quasi-congressional commitments, i.e. Contract with America a new section on sexual orientation And The equal protection clause new 'comparative perspective' notes within each chapter, which provide new perspectives on American constitutional law and up-to-date knowledge of other countries' legal systems expanded material on the constitutional implications of foreign relations, including a new section on the domestic effects of treaties and executive agreements new material on the regulation of cable television And The First Amendment in cyberspace thoroughly revised material on affirmative action a reorganized section on the establishment clause, incorporating major decisions the use of U.S. v. Lopez in the Powers of Congress chapter to refocus the discussion of policy and constitutional theory of federalism. A Teacher's Manual and annual supplement complete the text.

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1924

Publisher

Aspen Publishers

Published Date

ISBN 10

0735506167

ISBN 13

9780735506169

Constitutional Law 2000

By: Louis Michael Seidman,Geoffrey R. Stone,Robert Walmsley University Professor Cass R Sunstein,Cass R. Sunstein,Mark V. Tushnet

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Constitutional Law 2000

By: Louis Michael Seidman,Geoffrey R. Stone,Robert Walmsley University Professor Cass R Sunstein,Cass R. Sunstein,Mark V. Tushnet

Make sure you're using the most up to date materials in your Constitutional Law class, with this new case supplement. Taking an integrated approach of interspersing policy, legal theory, and philosophical nuances with traditional doctrinal material, this team of expert authors brings you the very latest cases and materials to keep your course current. CONSTITUTIONAL LAW, Third Edition, 2000 Case Supplement offers: -the insight of high-profile authors who are recognized experts in the field -the most current Supreme Court cases -the latest legislative changes -the flexibility to be used with a wide variety of materials, including the authors' casebook on the First Amendment Show your students how the principles of Constitutional Law are being applied today with this thorough and effective paperback. Click Here to visit CONSITUTIONAL LAW, Third Edition, 2000 Case Supplement Web Page to download a free trial of this product

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404

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Aspen Publishers

Published Date

ISBN 10

0735513260

ISBN 13

9780735513266

The Political Heart of Criminal Procedure

By: Professor of Law Michael Klarman,Professor David Skeel,Carol Susan Steiker

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The Political Heart of Criminal Procedure

By: Professor of Law Michael Klarman,Professor David Skeel,Carol Susan Steiker

This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by William Stuntz and his work"--

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247

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ISBN 10

1139224956

ISBN 13

9781139224956

Problems at the Roots of Law

Essays in Legal and Political Theory

By: Joel Feinberg

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Problems at the Roots of Law

Essays in Legal and Political Theory

By: Joel Feinberg

Feinberg is one of the leading philosophers of law of the last forty years. This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality. Accessibly and elegantly written, this volume's audience will reflect the diverse nature of Feinberg's own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.

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233

Publisher

Oxford University Press

Published Date

ISBN 10

0198035322

ISBN 13

9780198035329

Legal Reasoning and Political Conflict

By: Cass R. Sunstein Karl N. Llewellyn Distinguished Service Professor of Jurisprudence and Co-Director of the Center on Constitutionalism in Eastern Europe University of Chicago

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Legal Reasoning and Political Conflict

By: Cass R. Sunstein Karl N. Llewellyn Distinguished Service Professor of Jurisprudence and Co-Director of the Center on Constitutionalism in Eastern Europe University of Chicago

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.

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Page Count

238

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0198026099

ISBN 13

9780198026099

Book's by Professor of Law Michael Klarman

Federalism and the Tug of War Within

Federalism and the Tug of War Within

Constitutional Construction

Constitutional Construction

For the People?

For the People?

Constitutional Law

Constitutional Law

Constitutional Law 2000

Constitutional Law 2000

The Political Heart of Criminal Procedure

The Political Heart of Criminal Procedure

Problems at the Roots of Law

Problems at the Roots of Law

Legal Reasoning and Political Conflict

Legal Reasoning and Political Conflict

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