Antisubordination Of Whom

Author by : Sean Pager
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The Hastings Law Journal

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The Oxford Handbook Of Feminist Theory

Author by : Lisa Disch
Languange : en
Publisher by : Oxford University Press
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Description : The Oxford Handbook of Feminist Theory provides a rich overview of the analytical frameworks and theoretical concepts that feminist theorists have developed to analyze the known world. Featuring leading feminist theorists from diverse regions of the globe, this collection delves into forty-nine subject areas, demonstrating the complexity of feminist challenges to established knowledge, while also engaging areas of contestation within feminist theory. Demonstrating the interdisciplinary nature of feminist theory, the chapters offer innovative analyses of topics central to social and political science, cultural studies and humanities, discourses associated with medicine and science, and issues in contemporary critical theory that have been transformed through feminist theorization. The handbook identifies limitations of key epistemic assumptions that inform traditional scholarship and shows how theorizing from women's and men's lives has profound effects on the conceptualization of central categories, whether the field of analysis is aesthetics, biology, cultural studies, development, economics, film studies, health, history, literature, politics, religion, science studies, sexualities, violence, or war.


Gender And Rights

Author by : Carol Sanger
Languange : en
Publisher by : Routledge
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Description : Gender and Rights presents twenty five essays by leading international scholars and advocates the relationship between rights and gender inequality. The essays are organized into six categories: rights, sources of harm and well-being, work, family, violence and political process and participation. Particular attention is paid throughout to the relationship between cultural practices and legal rights. The volume also highlights the conceptual and the political development of rights claims and rights regimes for women and sexual minorities. The essays therefore focus not only on the theoretical justifications for rights but also on the contextual complexities of their enactment, implementation, enforcement and consequences.


Progressive Constitutionalism

Author by : Robin West
Languange : en
Publisher by : Duke University Press
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Description : The Fourteenth Amendment guarantees all citizens equal protection under the law as well as immunity from laws that deprive them of life, liberty, or property without due process of law. In Progressive Constitutionalism, Robin West develops an interpretation of this amendment that contrasts with the views, conservative and liberal, of the Rehnquist, Burger, and Warren Courts, and with the radical "antisubordinationist" account provided by the critical legal studies movement and many prominent feminist and critical race theorists. Her interpretation consists of a "substantive" argument regarding the Amendment's core meaning, and a jurisprudential argument regarding the role of the courts and Congress in fulfilling the Amendment's progressive promise. West shows how the "equal protection" clause, far from insulating the private spheres of culture, market, and home life, as is commonly held, directly targets abuses of power within those spheres. She develops a number of arguments for the modern relevance of this understanding, from the failure of the state to provide equal protection against private domestic violence, permitting a "private sovereignty" of patriarchal power within the home, to the the state's failure to provide equal protection against material deprivation, allowing "private sovereignty" between economically privileged and desperate people in private markets. West's argument extends to the "liberty" prong of the due process clause, seen here as a protection of the positive, not negative, liberty of citizens, covering rights in such typically controversial areas as welfare, education, and domestic safety. This interpretation recasts a number of contemporary constitutional issues, such as affirmative action and hate speech, and points to very different problems—notably private, unchecked criminal violence and extreme economic deprivation—as the central constitutional dilemmas of our day. Progressive Constitutionalism urges a substantive, institutional, and jurisprudential reorientation of our understanding of the Fourteenth Amendment, one that would necessarily be pursued through Congressional rather than judicial channels. In doing so, with attention to history and both feminist and critical race scholarship, it should reinvigorate our politics and our constitutional conversations—and, perhaps, point us toward a more just society.


Asian American Studies

Author by : Jean Yu-wen Shen Wu
Languange : en
Publisher by : Rutgers University Press
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Description : This anthology is the perfect introduction to Asian American studies, as it both defines the field across disciplines and illuminates the centrality of the experience of Americans of South Asian, East Asian, Southeast Asian, and Filipino ancestry to the study of American culture, history, politics, and society. The reader is organized into two parts: "The Documented Past" and "Social Issues and Literature." Within these broad divisions, the subjects covered include Chinatown stories, nativist reactions, exclusionism, citizenship, immigration, community growth, Asia American ethnicities, racial discourse and the Civil Rights movement, transnationalism, gender, refugees, anti-Asian American violence, legal battles, class polarization, and many more. Among the contributors are such noted scholars as Gary Okihiro, Michael Omi, Yen Le Espiritu, Lisa Lowe, and Ronald Takaki; writers such as Sui Sin Far, Bienvenido Santos, Sigrid Nunez, and R. Zamora Linmark, as well as younger, emerging scholars in the field.


Contemporary Asian America Third Edition

Author by : Min Zhou
Languange : en
Publisher by : NYU Press
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Description : Who are Asian Americans? Moving beyond popular stereotypes of the “model minority” or “forever foreigner,” most Americans know surprisingly little of the nation’s fastest growing minority population. Since the 1960s, when different Asian immigrant groups came together under the “Asian American” umbrella, they have tirelessly carved out their presence in the labor market, education, politics, and pop culture. Many times, they have done so in the face of racism, discrimination, sexism, homophobia, and socioeconomic disadvantage. Today, contemporary Asian America has emerged as an incredibly diverse population, with each segment of the community facing its unique challenges. When Contemporary Asian America was first published in 2000, it exposed its readers to the formation and development of Asian American studies as an academic field of study, from its inception as part of the ethnic consciousness movement of the 1960s to the systematic inquiry into more contemporary theoretical and practical issues facing Asian America at the century’s end. It was the first volume to integrate a broad range of interdisciplinary research and approaches from a social science perspective to assess the effects of immigration, community development, and socialization on Asian American communities. This updated third edition discusses the impact of September 11 on Asian American identity and citizenship; the continued influence of globalization on past and present waves of immigration; and the intersection of race, gender, sexuality, and class on the experiences of Asian immigrants and their children. The volume also provides study questions and recommended supplementary readings and documentary films. This critical text offers a broad overview of Asian American studies and the current state of Asian America.


Colonial Discourse And Gender In U S Criminal Courts

Author by : Caroline Braunmühl
Languange : en
Publisher by : Routledge
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Description : The occurrence in some criminal cases of "cultural defenses" on behalf of "minority" defendants has stirred much debate. This book is the first to illuminate how "cultural evidence" — i.e., "evidence" regarding ethnicity — is actually negotiated by attorneys, expert/lay witnesses, and defendants in criminal trials. Caroline Braunmühl demonstrates that this has occurred, overwhelmingly, in ways shaped by colonialist and patriarchal discourses common in the Western world. She argues that the controversy regarding the legitimacy of a "cultural defense" has tended to obscure this fact, and has been biased against minorities as well as all women from its inception, in the very terms in which the question for debate has been framed. This study also breaks new ground by analyzing the strategies, and the failures, in which colonialist and patriarchal constructions of cultural evidence are resisted or — more commonly — colluded in by opposing attorneys, witnesses, and defendants themselves. The constructions at hand emerge as contradictory and unstable, belying the notion that cultural evidence is a matter of objective "information" about another culture, rather than — as Braunmühl argues — of discourses that are inevitably normatively charged. Colonial Discourse and Gender in US Criminal Courts moves the debate about cultural defenses onto an entirely new plane, one based upon the understanding that only in-depth empirical analyses informed by critical, rigorous theoretical reflection can do justice to the irreducibly political character of any discussion of "cultural evidence," and of its presentation in court.


Domestic Violence Law

Author by : Nancy K. D. Lemon
Languange : en
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Description : The materials are comprehensive in examining different points of view on the subject of domestic violence and law. They help the student explore the tension between theory and practice, a critical point in teaching this subject. A historical perspective is given so that students can see both the ways the laws have changed over the last century and also the ways they have not changed. This reader lends itself to discussions of the role of the attorney in crafting the law, not simply following it.


Harvard Law Review Volume 129 Number 1 November 2015

Author by : Harvard Law Review
Languange : en
Publisher by : Quid Pro Books
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Description : The November issue of the Harvard Law Review is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2014 Term, articles include: • Foreword: “Does the Constitution Mean What It Says?," by David A. Strauss • Comment: “Imperfect Statutes, Imperfect Courts: Understanding Congress’s Plan in the Era of Unorthodox Lawmaking,” by Abbe R. Gluck • Comment: “Zivotofsky II as Precedent in the Executive Branch,” by Jack Goldsmith • Comment: “A New Birth of Freedom?: Obergefell v. Hodges,” by Kenji Yoshino In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political, and constitutional subjects. Student commentary on Leading Cases of the 2014 Term includes recent cases on: private rights of action and Medicaid; government speech under the First Amendment; judicial campaign speech; Fourth Amendment standing; reasonable mistakes of law for searches and seizure; regulatory takings under the Fifth Amendment; preliminary injunctions in death penalty cases; separation of powers in bankruptcy jurisdiction; legislative control of redistricting; racial gerrymandering under the Fourteenth Amendment; dormant commerce clause and personal income tax; changing interpretive rules in administrative law; residual clause of the Armed Career Criminal Act; cost-benefit analysis under the Clean Air Act; mens rea for violating federal threats law; disparate impact and racial equality in fair housing law; nondelegation doctrine in the context of railroad-passenger law; religious liberty and land use; Sherman Act state action immunity; and destruction of evidence under Sarbanes-Oxley. Complete statistical graphs and tables of the Court's actions and results during the Term are included; these summaries and statistics, including voting patterns of individual justices, have been considered very useful to scholars of the Court in law and political science. The issue includes a linked Table of Cases and citations for the opinions. Finally, the issue features two summaries of Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. This current issue of the Review is November 2015, the first issue of academic year 2015-2016 (Volume 129).


Contemporary Asian America Second Edition

Author by : Min Zhou
Languange : en
Publisher by : NYU Press
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Description : How does one capture the delightful irony of Edith Wharton's prose or the spare lyricism of Kate Chopin's? Kathleen Wheeler challenges the reader to experiment with a more imaginative method of literary criticism in order to comprehend more fully writers of the Modernist and late Realist period. In examining the creative works of seven women writers from the late nineteenth and early twentieth centuries, Wheeler never lets the mystery and magic of literature be overcome by dry critical analysis. Modernist Women Writers and Narrative Art begins by evaluating how Edith Wharton, Kate Chopin, and Willa Cather all engaged in an ironic critique of realism. They explored the inadequacies of this form in expressing human experience and revealed its hidden, often contradictory, assumptions. Building on the foundation that Wharton, Chopin, and Cather established, Jean Rhys, Katherine Mansfield, Stevie Smith, and Jane Bowles brought literature into the era we now consider modernism. Drawing on insights from feminist theory, deconstructionism and revisions of new historicism, Kathleen Wheeler reveals a literary tradition rich in narrative strategy and stylistic sophistication.


Discrimination Equality And The Law

Author by : Aileen McColgan QC
Languange : en
Publisher by : Bloomsbury Publishing
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Description : This monograph explores some of the conceptual questions which underpin the legal disputes which arise in relation to equality and discrimination. Among these are questions about the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination; symmetrical and asymmetrical approaches to equality/non-discrimination; the role of comparators in discrimination/equality analysis; the selection of protected characteristics and the proper sphere of statutory and constitutional protections, and the scope for and regulation of potential conflicts between protected grounds. The author engages with domestic, EU and ECtHR case law as well as with wider international approaches.


Adolescence Discrimination And The Law

Author by : Roger J.R. Levesque
Languange : en
Publisher by : NYU Press
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Description : Explores the shifts and the research used to support civil rights claims of discrimination, particularly relating to minority youths’ rights to equal treatment In the wake of the civil rights movement, the legal system dramatically changed its response to discrimination based on race, gender, and other characteristics. It is now showing signs of yet another dramatic shift, as it moves from considering difference to focusing on neutrality. Rather than seeking to counter subjugation through special protections for groups that have been historically (and currently) disadvantaged, the Court now adopts a “colorblind” approach. Equality now means treating everyone the same way. This book explores these shifts and the research used to support civil rights claims, particularly relating to minority youths’ rights to equal treatment. It integrates developmental theory with work on legal equality and discrimination, showing both how the legal system can benefit from new research on development and how the legal system itself can work to address invidious discrimination given its significant influence on adolescents—especially those who are racial minorities—at a key stage in their developmental life. Adolescents, Discrimination, and the Law articulates the need to address discrimination by recognizing and enlisting the law’s inculcative powers in multiple sites subject to legal regulation, ranging from families, schools, health and justice systems to religious and community groups. The legal system may champion ideals of neutrality in the goals it sets itself for treating individuals, but it cannot remain neutral in the values it supports and imparts. This volume shows that despite the shift to a focus on neutrality, the Court can and should effectively foster values supporting equality, especially among youth.


Is Racial Equality Unconstitutional

Author by : Mark Golub
Languange : en
Publisher by : Oxford University Press
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Description : More than just a legal doctrine, color-blind constitutionalism has emerged as the defining metaphor of the post-Civil Rights era. Even for those challenging its constitutional authority, the language of color-blindness sets the terms of debate. Critics of color-blind constitutionalism are in this sense captured by the object of their critique. And yet, paradoxically, to enact a color-blind rule actually requires a heightened awareness of race. As such, color-blind constitutionalism represents a particular form of racial consciousness rather than an alternative to it. Challenging familiar understandings of race, rights, and American law, Is Racial Equality Unconstitutional? explores how current equal protection law renders the pursuit of racial equality constitutionally suspect. Identifying hierarchy rather than equality as an enduring constitutional norm, the book demonstrates how the pursuit of racial equality, historically, has been viewed as a violation of white rights. Arguing against conservative and liberal redemption narratives, both of which imagine racial equality as the perfection of American democracy, Is Racial Equality Unconstitutional? calls instead for a break from the current constitutional order, that it may be re-founded upon principles of racial democracy.


Latcrit

Author by : Francisco Valdes
Languange : en
Publisher by : NYU Press
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Description : Examines LatCrit’s emergence as a scholarly and activist community within and beyond the US legal academy Emerging from the US legal academy in 1995, LatCrit theory is a genre of critical outsider jurisprudence—a vital hub of contemporary scholarship that includes Feminist Legal Theory and Critical Race Theory, among other critical schools of legal knowledge. Its basic goals have been: (1) to develop a critical, activist, and inter-disciplinary discourse on law and society affecting Latinas/os/x, and (2) to foster both the development of coalitional theory and practice as well as the accessibility of this knowledge to agents of social and legal transformative change. This slim volume tells the story of LatCrit’s growth and influence as a scholarly and activist community. Francisco Valdes and Steven W. Bender offer a living example of how critical outsider academics can organize long-term collective action, both in law and society, that will help those similarly inclined to better organize themselves. Part roadmap, part historical record, and part a path forward, LatCrit: From Critical Legal Theory to Academic Activismshows that with coalition, collaboration, and community, social transformation can take root.


Progressive Black Masculinities

Author by : Athena D. Mutua
Languange : en
Publisher by : Routledge
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Description : In the struggle for pride and political agency, the imperative to 'be a man' has been central to the lives of black males. Yet, what it means to be a black man-in terms of both racial and gender identity-has been subject to continual debate in public and academic spheres alike. Progressive Black Masculinities brings together leading black cultural critics including Michael Eric Dyson, Mark Anthony Neal, and Patricia Hill Collins to examine an alternatively demonized and mythologized black masculinity. Collectively, they offer a roadmap for new, progressive models of black masculinity that may chart the course for the future of black men.


Disability And Equality Law

Author by : ElizabethF. Emens
Languange : en
Publisher by : Routledge
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Description : This interdisciplinary collection of essays addresses the theoretical, practical and legal dimensions of equality for persons with disabilities. The issues covered include the central problem of defining disability and impairment; the dilemma of same versus different treatment; the balance between autonomy and external influence and support; linkages to other anti-discrimination categories such as race and sex; the place of disability theory within identity politics; and issues of life, death, and our most intimate relationships. The articles reflect a wealth of international viewpoints and interdisciplinary areas which include philosophy, economics, memoirs, cultural studies, empirical studies and legal scholarship. The selection also includes classic texts which set out foundational ideas such as the social model of disability or the goal of integration, alongside essays that critique these conceptual mainstays. This volume brings into sharp focus a wide range of contentious and complex issues in the field of disability studies and is of interest to researchers and students from a wide range of fields.


Makeup Identity Performance Discrimination

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Description : This symposium analyzes two seemingly conflicting value systems in recent employment discrimination cases: one that prohibits stereotyping in the workplace, and another that upholds workplace appearance standards.


Beyond Race Sex And Sexual Orientation

Author by : Sonu Bedi
Languange : en
Publisher by : Cambridge University Press
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Description : This book argues that current equal protection jurisprudence suffers from unnoticed normative and political problems, and elucidates a competing, extant interpretation.


Controversies In Equal Protection Cases In America

Author by : Anne Richardson Oakes
Languange : en
Publisher by : Routledge
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Description : This collection engages with current issues on equal protection in the USA, as seen from the perspectives of leading academics in this area. Contributors with a range of perspectives interrogate the legal, theoretical and factual assumptions which shape case law and consider the extent to which they satisfactorily address contemporary concerns with social hierarchies and norms. Divided into five parts, the study focusses on the connections between equal protection jurisprudence, discrimination in its contemporary manifestations, the implications of identity politics and the moral and political conceptualizations of equality that represent the parameters of debate. Drawing on historical analysis and disciplinary insights of the social sciences, the book bridges the gap between theory and practice. The themes presented and analyses developed are among some of the most contentious currently in America, and will be of interest not just to lawyers and legal academics, but also to inter-disciplinary social science researchers, including sociologists, economists and political scientists.


Race On The Brain

Author by : Jonathan Kahn
Languange : en
Publisher by : Columbia University Press
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Description : Of the many obstacles to racial justice in America, none has received more recent attention than the one that lurks in our subconscious. As social movements and policing scandals have shown how far from being “postracial” we are, the concept of implicit bias has taken center stage in the national conversation about race. Millions of Americans have taken online tests purporting to show the deep, invisible roots of their own prejudice. A recent Oxford study that claims to have found a drug that reduces implicit bias is only the starkest example of a pervasive trend. But what do we risk when we seek the simplicity of a technological diagnosis—and solution—for racism? What do we miss when we locate racism in our biology and our brains rather than in our history and our social practices? In Race on the Brain, Jonathan Kahn argues that implicit bias has grown into a master narrative of race relations—one with profound, if unintended, negative consequences for law, science, and society. He emphasizes its limitations, arguing that while useful as a tool to understand particular types of behavior, it is only one among several tools available to policy makers. An uncritical embrace of implicit bias, to the exclusion of power relations and structural racism, undermines wider civic responsibility for addressing the problem by turning it over to experts. Technological interventions, including many tests for implicit bias, are premised on a color-blind ideal and run the risk of erasing history, denying present reality, and obscuring accountability. Kahn recognizes the significance of implicit social cognition but cautions against seeing it as a panacea for addressing America’s longstanding racial problems. A bracing corrective to what has become a common-sense understanding of the power of prejudice, Race on the Brain challenges us all to engage more thoughtfully and more democratically in the difficult task of promoting racial justice.


Columbia Law Review

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Description : Columbia Law Review publishes articles and book reviews of scholarly and professional interest by academic authors and practicing attorneys, as well as notes written by members of the review.


Employment Law In Context

Author by : David Cabrelli
Languange : en
Publisher by : Oxford University Press
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Description : Employment Law in Context combines extracts from leading cases and articles with insightful and sophisticated author commentary to provide the reader with a full, critical understanding of employment law. As well as providing a thorough grounding in individual labour law, and drawing attention to key and current areas of debate, this title offers the reader detailed analysis of the social, economic, political, and historical context in which employment law operates. An innovative running case study contextualizes employment law and demonstrates its practical applications by following the life-cycle of a company from incorporation, through expansion, to liquidation. Reflection points and examples encourage the development of critical thinking skills and students' ability to view the issues practically. The text is supported by an Online Resource Centre hosting: - four supplementary chapters on collective employment law to facilitate a broader understanding of the subject - additional reading lists to accompany topics signposted in each chapter and annotated web links to key online resources to direct further research - a flashcard glossary helps students test their understanding of terms highlighted and defined in the book - twice-yearly updates to the law are provided by the author to keep students abreast of the latest developments - PowerPoint slides and figures from the book are available to lecturers


Michigan Law Review

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In The Eye Of The Law

Author by : Mark Allan Golub
Languange : en
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Constitutional Law Principles And Policy Cases And Materials

Author by : Jerome A. Barron
Languange : en
Publisher by : LexisNexis
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Description : The authors of this casebook are committed to reflect fully the dynamism, controversy, and excitement that characterize contemporary Constitutional Law. While generally striving for brevity, the authors lightly edit cases where the Court appears to be embarking on a new doctrinal course so that sharply different constitutional philosophies are fully and fairly presented. Features of the new Eighth Edition include: • Hamdan v. Rumsfeld -- the legality of the use of military commissions by the Executive Branch. • Boumediene v. Bush -- alien enemy combatants detained at Guantanamo and "the constitutional privilege of habeas corpus." • District of Columbia v. Heller and McDonald v. City of Chicago -- the personal right to keep and bear arms vis-a-vis federal and state governments. • Gonzales v. Carhart -- limiting the abortion right. • United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority -- state regulation of solid waste and the dormant Commerce Clause • Parents Involved in Community Schools v. Seattle School District No. 1 -- affirmative action in the public schools. In the area of free expression, among the many cases featured are: • Holder v. Humanitarian Law Project -- national security v. political advocacy. • Snyder v. Phelps -- offensive speech and funeral picketing. • Morse v. Frederick -- student speech in the high schools. • Garcetti v. Ceballos -- free expression rights of government employees. • United States v. Stevens -- animal cruelty and the limits of freedom of expression. • Brown v. Entertainment Merchants Association -- protecting children from violent video games. • Citizens United v. Federal Elections Commission -- unleashing campaign spending by corporations and unions. The new 8th edition includes some of the latest law review literature as well as the leading constitutional cases covered in the previous edition. Constitutional Law: Principles and Policies is updated annually with a supplement addressing recent developments in the area of Constitutional Law.


Encyclopedia Of The American Constitution

Author by : Leonard Williams Levy
Languange : en
Publisher by :
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Description : "Includes all of the material from the original four-volume set and 1992 Supplement, as well as updated original articles and new articles covering concepts and court cases since 1992"--'About this e-book' page.


Harvard Women S Law Journal

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Description :