No Litmus Test: Law Versus Politics in the Twenty-first CenturyRowman & Littlefield, 2006 - Всего страниц: 295 The courts and, indeed, the law itself are under assault from both right and left. By analyzing the most pressing controversies of our day, No Litmus Test defends the possibility of principled legal decision-making against the attacks of both the right and the left. From Bush v. Gore to the war in Iraq, No Litmus Test demonstrates that even when the law provides no clear-cut right answers, it offers tools for distinguishing good arguments from bad ones. |
Содержание
The Difference between Law and Politics | 1 |
They Are All Activists Now | 3 |
Is There a Distinction between Law and Politics? Yes and the Bush v Gore Decision Proves It | 9 |
Clarence Thomass Challenge to the Rehnquist Courts Vision of Representative Government | 17 |
Does Federal Tort Reform Unduly Infringe State Sovereignty? | 21 |
Aid and Comfort to the Enemy | 27 |
The Supreme Court Case that Pits Free Speech against ChurchState Separation | 29 |
How Abortion Politics Impedes Clear Thinking on Other Issues Involving Fetuses | 35 |
Bush Loses in the Supreme Court and America Wins | 151 |
Is Iraq in Material Breach of Its Obligations under the UN Resolution? A Geopolitical Question Not Simply a Legal One | 155 |
Is the War on Iraq Lawful? | 161 |
Why Congressional Power to Declare War Does Not Provide an Effective Check on the President | 169 |
Kerry Stands by His Iraq War Vote and with Bush against Constitutional Law Principles | 175 |
The Global Village | 183 |
When American States Execute Citizens of Foreign Countries The Case of Gerardo Valdez | 185 |
Can One Nation Arrest the Foreign Minister of Another? The World Court Says No | 191 |
Why the Lawsuit Challenging Tennessees Choose Life License Plates Should Fail | 41 |
Three Bad Reasons and One Very Good Reason to Oppose a Constitutional Amendment Barring SameSex Marriage | 47 |
A Federal Appeals Court Rules that Universities Can Bar Military Recruiters without Losing Federal Grant Money A Welcome Result Based on Flawe... | 55 |
Justice Scalias Persuasive but Elitist Response to the Duck Hunting Controversy | 61 |
Can a State Make It a Crime to Refuse to Identify Yourself to the Police? In a Narrow Ruling the Supreme Court Says Yes | 65 |
Why Swift Boat Veterans for Truth and Other 527 Organizations Cant Be Silenced | 71 |
Does the Constitution Permit the Blue States to Secede? With Permission Perhaps Unilaterally No | 77 |
How the Schiavo Federal Court Case Might Have Been Won | 85 |
In Defense of Liberal Judging | 93 |
Washington Yankees in King Arthurs Court The Supreme Court Journeys to EighteenthCentury England to Define the Rights of TwentyFirstCentury ... | 95 |
How a Recent Unanimous Supreme Court Public Housing Decision Exiles Compassion from the Province of Judging | 105 |
Could Justice Scalias Affirmative Action Dissent Become a SelfFulfilling Prophecy? | 111 |
Is There a Constitutional Right to Sexual Privacy? Finding None a Federal Appeals Court Upholds Alabamas Sex Toy Prohibition | 117 |
Liberty Security and War | 125 |
What Is an Unlawful Combatant and Why It Matters The Status of Detained alQaeda and Taliban Fighters | 129 |
The Justice Departments Change of Heart Regarding Torture A FairMinded and Praiseworthy Analysis that Could Have Gone Still Further | 135 |
Who Decides Whether Yaser Hamdi or Any Other Citizen Is an Enemy Combatant? | 143 |
Should Foreigners Be Permitted to Make Campaign Contributions to US Candidates? Surprisingly the Answer May Be Yes | 197 |
The Hidden International Influence in the Supreme Court Decision Barring Executions of the Mentally Retarded | 203 |
The Use of Foreign Law in American Constitutional Interpretation A Revealing Colloquy between Justices Scalia and Breyer | 211 |
Can Ethnic Hatred Be Eliminated by Eliminating Ethnicity? The Rwanda Experiment | 219 |
What a Chinese Height Discrimination Case Says about Chinese and American Constitutional Law | 225 |
The Rule of Lawyers | 233 |
Debate over an ABA Legal Ethics Rule Underscores Lawyers Competing Obligations to Keep Secret and to Disclose | 237 |
Can the Legal Profession Improve Its Image? Americans Believe Lawyers Are Necessary but Dishonest Survey Finds | 243 |
Americans Faith in the Supreme Court and in the Constitution Survey Shows Bush v Gores Effect Was Limited | 251 |
Whose Constitution Is It Anyway? What Americans Dont Know about the Constitution and Why It Matters | 259 |
Unsolicited Advice to Law School Applicants With Prospects Newly Limited Be Sure You Want to Become a Lawyer | 267 |
| 273 | |
Appendix | 279 |
Table of Cases | 283 |
Index | 289 |
| 293 | |
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