Foreshadows of the Law: Supreme Court Dissents and Constitutional DevelopmentBloomsbury Academic, 18.11.1992 - 168 Seiten The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the Constitution. Each opinion arises from a rich historical context and involves constitutional issues of pointed significance. Vivid descriptions of some of the colorful personalities behind the opinions add appeal. Lively conveys the evolutionary and dynamic nature of the law demonstrating the relationship between present and past understanding of the Constitution. He describes the competitive nature of constitutional development and identifies the relevance of factors including subjective preference, values, vying theories, and ideologies. |
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... Holmes , Jr. Justice Holmes's dissent sharply criticized a right he considered to be a mere ideological fabrication . Of the many jurists who have influenced the development of constitutional law , Holmes is among the most eminent . Holmes ...
... Holmes fully appreciated the significance of his clear and present danger formula . Holmes's correspon- dence soon after the initial free speech decisions indicates a perception on his part that regulation of expressive liberty merited ...
... Holmes - Brandeis logic has been in the political context , from which it sprung . In the 1950s , the cold war and national security concerns presented a challenge to First Amend- ment values and standards reminiscent of what Holmes and ...
Inhalt
A Constitutional Right in Slavery | 1 |
Images of a New Union | 25 |
Constitutional Redefinition and National Reconstruction | 43 |
Urheberrecht | |
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Foreshadows of the Law: Supreme Court Dissents and Constitutional Development Bloomsbury Publishing Eingeschränkte Leseprobe - 1992 |
Foreshadows of the Law: Supreme Court Dissents and Constitutional Development Donald E. Lively Keine Leseprobe verfügbar - 1992 |