Vagaries and Varieties in Constitutional Interpretation

Vagaries and Varieties in Constitutional Interpretation
Author: Thomas Reed Powell
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 248
Release: 2002
Genre: Constitutional law
ISBN: 1584772107

Powell, Thomas Reed. Vagaries and Varieties in Constitutional Interpretation. New York: Columbia University Press, 1956. xv, 229 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-210-7. Cloth. $70. * With a Foreword by Paul A. Freund. Published versions of the James S. Carpentier lectures delivered by Powell [1880-1955] at Columbia University in 1955. Its chapters include "Establishment of Judicial Review," "Professions and Practices in Judicial Review," "National Power," "Federalism: Intergovernmental Relations," "Federalism: State Powers Affecting the National Economy; State Police Power" and "Federalism: State Powers Affecting the National Economy; State Taxing Power."

Contemporary Perspectives On Constitutional Interpretation

Contemporary Perspectives On Constitutional Interpretation
Author: Susan J Brison
Publisher: Routledge
Total Pages: 358
Release: 2018-03-08
Genre: Political Science
ISBN: 042998099X

Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U.S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation. This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential contemporary work in this area. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretive approaches, reflecting different political orientations from the far right to the far left. These theorists have drawn on a variety of other disciplines, including literature, economics, history, philosophy, and politics, and have in turn influenced these fields. The selections were chosen for their accessibility, originality, variety, and importance. Together they provide an excellent introduction to constitutional interpretation as well as a valuable collection for experienced scholars in the field.

Constitutional Interpretation

Constitutional Interpretation
Author: Sotirios A. Barber
Publisher: OUP USA
Total Pages: 218
Release: 2007-06-07
Genre: Law
ISBN: 0195328582

The presuppositions of constitutional interpretation -- The principal questions of constitutional interpretation -- The principal features of the American constitutional order : the positive constitutionalism of The federalist -- Approaches to constitutional interpretation -- Textualism and consensualism -- Narrow originalism/intentionalism -- Broad originalism -- Structuralism -- Doctrinalism and minimalism -- The philosophic approach -- Pragmatism -- Epilogue: a fusion of approaches to constitutional interpretation.

Constitutional Interpretation

Constitutional Interpretation
Author: Keith E. Whittington
Publisher:
Total Pages: 328
Release: 1999
Genre: Social Science
ISBN:

With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.

When Words Lose Their Meaning

When Words Lose Their Meaning
Author: James Boyd White
Publisher: University of Chicago Press
Total Pages: 395
Release: 2012-12-21
Genre: Law
ISBN: 022605604X

Through fresh readings of texts ranging from Homer's Iliad, Swift's Tale of a Tub, and Austen's Emma through the United States Constitution and McCulloch v. Maryland, James Boyd White examines the relationship between an individual mind and its language and culture as well as the "textual community" established between writer and audience. These striking textual analyses develop a rhetoric—a "way of reading" that can be brought to any text but that, in broader terms, becomes a way of learning that can shape the reader's life. "In this ambitious and demanding work of literary criticism, James Boyd White seeks to communicate 'a sense of reading in a new and different way.' . . . [White's] marriage of lawyerly acumen and classically trained literary sensibility—equally evident in his earlier work, The Legal Imagination—gives the best parts of When Words Lose Their Meaning a gravity and moral earnestness rare in the pages of contemporary literary criticism."—Roger Kimball, American Scholar "James Boyd White makes a state-of-the-art attempt to enrich legal theory with the insights of modern literary theory. Of its kind, it is a singular and standout achievement. . . . [White's] selections span the whole range of legal, literary, and political offerings, and his writing evidences a sustained and intimate experience with these texts. Writing with natural elegance, White manages to be insightful and inciteful. Throughout, his timely book is energized by an urgent love of literature and law and their liberating potential. His passion and sincerity are palpable."—Allan C. Hutchinson, Yale Law Journal "Undeniably a unique and significant work. . . . When Words Lose Their Meaning is a rewarding book by a distinguished legal scholar. It is a showcase for the most interesting sort of inter-disciplinary work: the kind that brings together from traditionally separate fields not so much information as ideas and approaches."—R. B. Kershner, Jr., Georgia Review

From International to Federal Market

From International to Federal Market
Author: Robert Schütze
Publisher: Oxford University Press
Total Pages: 385
Release: 2017
Genre: Law
ISBN: 0198803370

What are the different market types that shape the European Union's internal market? Sch tze proposes three models that assist in explaining the transitions in the structure of the EU internal market. The international model demands that each state limits its external sovereignty, while retaining internal sovereignty over its national market. The federal model declares that within a "common market" states must lose a part of their internal sovereignty, and in accordance with the principle of "home state" control, goods are entitled to be sold freely on a "foreign" market in compliance with home state law. The national model proposes that the trade restrictions above a legislative or judicial Union standard should be removed. Sch tze's book analyses the changing structure of European law in relation to the European internal market. The General Part starts out by offering a historical analysis of the relationship between international law and market coordination up to the twentieth century but also provides an in-depth analysis of the constitutional principles which controlled the "integration" of the US "common market". The Special Part then specifically addresses the decline of the international model in relation to the EU internal market and the corresponding rise of a federal market philosophy after Cassis de Dijon. The final chapter explores the exceptional constitutional principles that apply to fiscal matters. This is the second volume in Sch tze's trilogy on the "Changing Structure of European Law". Exploring the changing structure of negative integration in the past 60 years, the book complements his previous volume "From Dual to Cooperative Federalism" which analysed the evolving structure of positive integration. A third volume will finally explore the formal constitutional aspects in the evolution of the European Union into a federal union of States.