Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

"This book explores how the Supreme Court has made (and remade) securities law. It covers the history of the federal securities laws from their inception during the Great Depression, relying on the justices' conference notes, internal memoranda, and correspondence to shed light on how they came to their decisions and drafted their opinions. That history can be divided into five periods that parallel and illustrate key trends of the Court's jurisprudence more generally. The first saw the administration of Franklin Delano Roosevelt-aided by his filling eight seats on the Court-triumph in its efforts to enact the securities laws and establish their constitutional legitimacy. This brought an end to the Court's long-standing hostility to the regulation of business. The arrival of Roosevelt's justices, all committed to social control of finance, ushered in an era of deference to the SEC's expertise that lasted through the 1940s and 1950s. The 1960s brought an era of judicial activism-and further expansion-by the Warren Court, with purpose taking precedence over text in statutory interpretation. The arrival of Lewis F. Powell, Jr. in 1972 brought a sharp reversal. Powell's leadership of the Court in securities law produced a counter-revolution in the field and an end to the SEC's long winning streak at the Court. Powell's retirement in 1987 marked the beginning of the final period of this study. In the absence of ideological consensus or strong leadership, the Court's securities jurisprudence meandered, taking a random walk between expansive and restrictive decisions"--

Securities --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Quebec’s most recent attempts to assert its distinctiveness within Canada have relied on unilateral constitutional means to strengthen its French and secular character, suggesting that an important change of political culture has taken place in Quebec. With its diverse team of researchers, Contemporary Federalist Thought in Quebec considers the recent history of the debate that once threatened Canada with disjunction, exploring the federalist thought that continues to shape constitutional debate in Quebec. Examining historical perspectives from 1950 to the present day, the volume draws portraits of the key actors in the federalist movement – including political leaders, intellectuals, academics, activists, and spokespersons for pressure groups – comparing their various outlooks, interventions, and values, and examining the ties that bind these actors to the sense of nationalism that emerged during Quebec’s Quiet Revolution. Taking a multidisciplinary approach, Contemporary Federalist Thought in Quebec casts new light on the continuing debate surrounding Quebec’s place in Canada and gives nuance to what is traditionally conceived as a rigid opposition between sovereigntists and federalists in the province.

Federal government --- Political science --- History. --- History --- Canada. --- canadian. --- constitution. --- culture. --- federalism. --- groups. --- history. --- intellectuals. --- nationalism. --- politicians. --- politics. --- pressure. --- referendum. --- schools. --- supreme court.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This edited volume reports the antecedents, foundations, organization, basic principles, and challenges to fourteen European constitutions. They include countries with long-lasting and recently amended constitutions, decentralized or unitary, with different political systems and institutional settings.

Constitutional courts --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- Constitutional law --- Public law --- Law. --- Laws of specific jurisdictions & specific areas of law. --- Law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Administrative law --- Interpretation and construction

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

What is law, and why does it matter? Scott Hershovitz says that law is a moral practice--a tool for adjusting our moral relations. This claim is simple on its face, but it has stark implications for the rule of law. At once erudite and entertaining, Hershovitz's argument engages with the most important legal and political controversies of our time.

Law and ethics. --- Law --- Moral and ethical aspects. --- Interpretation and construction. --- Congress. --- HLA Hart. --- Joseph Raz. --- Mark Greenberg. --- Supreme Court. --- authority. --- community. --- duties. --- enforcement. --- fairness. --- litigation. --- norms. --- ownership. --- promises. --- property. --- realism. --- responsibilities. --- rights. --- rule. --- textualism.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Known as the "swing justice," Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric.This book examines Justice Kennedy's legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy's opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice's rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots-especially on race, women's rights, and immigration-but also as a man of empathy deeply committed to American citizenship.A sophisticated assessment of Justice Kennedy's jurisprudence, this book provides new insight into Kennedy's legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment.In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O'Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.

Judges --- Judgments --- Citizens United v. FEC. --- Classical Rhetoric. --- Judging Well. --- Justice Anthony Kennedy. --- Lawrence v. Texas. --- Legal rhetoric. --- Natural Law. --- Obergefell v. Hodges. --- Planned Parenthood v. Casey. --- Rhetoric of the law. --- Rhetorical Knowledge. --- Romer v. Evans. --- SCOTUS. --- Supreme Court of the United States. --- US politics. --- jurisprudence. --- legal history.