{"title":"Histoire ","description":null,"products":[{"product_id":"apple-of-gold","title":"Apple of Gold: Constitutionalism in Israel and the United States","description":"\u003cp\u003eBy comparing the constitutional systems of Israel and the United States, Gary Jacobsohn provides a new view of the essentials of constitutionalism itself--a balanced picture that would have been impossible to achieve by focusing on any one polity. Abraham Lincoln, in likening the Declaration of Independence to the Biblical \"apple of gold,\" and the Constitution to its \"picture of silver,\" illuminated the connections in the United States between political ideas and constitutional government. Jacobsohn applies Lincoln's insight to the Israeli experience to develop a deeper understanding of the relationship between political culture and constitutionalism, and the limits and possibilities for constitutional transplantation.\u003cbr\u003e\u003cbr\u003eOriginally published in 1993.\u003cbr\u003e\u003cbr\u003eThe \u003cb\u003ePrinceton Legacy Library\u003c\/b\u003e uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. 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The strike pitted America's largest industrial union against twenty-four railroads, paralyzed rail traffic in half the country, and in the end was broken up by federal troops and suppressed by the courts, with union leader Eugene Debs incarcerated. But behind the Pullman case lay a conflict of ideologies at a watershed time in our nation's history.\u003cbr\u003e\u003cbr\u003eDavid Ray Papke reexamines the events and personalities surrounding the 1894 strike, related proceedings in the Chicago trial courts, and the 1895 Supreme Court decision, In re Debs, which set important standards for labor injunctions. He shows how the Court, by upholding Debs's contempt citation, dealt fatal blows to broad-based unionism in the nation's most important industry and to any hope for a more evenhanded form of judicial involvement in labor disputes-thus setting the stage for labor law in decades to come.\u003cbr\u003e\u003cbr\u003eThe Pullman case was a defining moment in the often violent confrontation between capital and labor. It matched wealthy industrialist George Pullman against Debs and gave a stage to Debs's fledgling attorney Clarence Darrow. Throughout the trial, capital and labor tried to convince the public of the justice of their cause: Debs decrying the company's treatment of workers and Pullman raising fears of radical unionists. Papke provides an analytically concise and highly readable account of these proceedings, offering insight into the strengths and weaknesses of the law at the peak of industrial capitalism, showcasing Debs's passionate commitment to workers' rights, and providing a window on America during a period of rapid industrialization and social transformation.\u003cbr\u003e\u003cbr\u003ePapke shows that the law was far from neutral in defending corporate interests and suggests what the Pullman case, by raising questions about both the legitimacy of giant corporations and the revolutionary style of industrial unions, can teach us about law and legal institutions in our own time. His book captures the passions of industrial America and tells an important story at the intersection of legal and cultural history.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46153902522545,"sku":"9780700609543","price":40.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture rigide","offer_id":46153902555313,"sku":"9780700609536","price":134.95,"currency_code":"CAD","in_stock":true},{"title":"Livre numérique Kobo","offer_id":46153902588081,"sku":"939d4883-eb81-3b87-a845-85f4087c5a70","price":34.39,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_9ed8a5a8-6b1a-46b3-9735-37619233f752.jpg?v=1763718214"},{"product_id":"when-the-nazis-came-to-skokie","title":"When the Nazis Came to Skokie: Freedom for the Speech We Hate","description":"In the Chicago suburb of Skokie, one out of every six Jewish citizens in the late 1970s was a survivor—or was directly related to a survivor—of the Holocaust. These victims of terror had resettled in America expecting to lead peaceful lives free from persecution. But their safe haven was shattered when a neo-Nazi group announced its intention to parade there in 1977. Philippa Strum's dramatic retelling of the events in Skokie (and in the courts) shows why the case ignited such enormous controversy and challenged our understanding of and commitment to First Amendment values. \u003cbr\u003e\u003cbr\u003eThe debate was clear-cut: American Nazis claimed the right of free speech while their Jewish \"targets\" claimed the right to live without intimidation. The town, arguing that the march would assault the sensibilities of its citizens and spark violence, managed to win a court injunction against the marchers. In response, the American Civil Liberties Union took the case and successfully defended the Nazis' right to free speech. \u003cbr\u003e\u003cbr\u003eSkokie had all the elements of a difficult case: a clash of absolutes, prior restraint of speech, and heated public sentiment. In recreating it, Strum presents a detailed account and analysis of the legal proceedings as well as finely delineated portraits of the protagonists: Frank Collin, National Socialist Party of America leader and the son of a Jewish Holocaust survivor; Skokie community leader Sol Goldstein, a Holocaust survivor who planned a counterdemonstration against the Nazis; Skokie mayor Albert Smith, who wanted only to protect his townspeople; and ACLU attorney David Goldberger, caught in the ironic position of being a Jew defending the rights of Nazis against fellow Jews. While the ACLU did win the case, it was a costly victory-30,000 of its members left the organization. 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Thomas R. R. Cobb, often referred to as “the James Madison of the Confederacy,” was an ardent secessionist and a prominent lawyer in antebellum Georgia. The work, based on extensive scholarship on the Roman law of slavery and racist to the core, fully explicates the southern defense of slavery. An important practical manual for legal practitioners and judges at the time of its publication and an essential tool for scholars and students of slavery and legal history ever since, the work is also the most significant summary of proslavery legal theory.","brand":"None","offers":[{"title":"Couverture souple (2012)","offer_id":46154757767345,"sku":"9780820340951","price":52.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture souple (1996)","offer_id":46154757800113,"sku":"9780801855368","price":38.95,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_485b5a8d-0835-4c76-ac32-7c3872322179.jpg?v=1763637352"},{"product_id":"the-papers-of-john-marshall","title":"The Papers of John Marshall: Vol X: Correspondence, Papers, and Selected Judicial Opinions, January 1824-April 1827","description":"This volume continues the acclaimed annotated edition of the papers of Chief Justice John Marshall, the great statesman and jurist. 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In his correspondence appearing in this volume, Marshall comments on such topics as the causes of the Revolution, the military history of the war, the social scene in Washington, the abolition of slavery, female education, and the novels of Jane Austen.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46155166482609,"sku":"9781469623566","price":121.95,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_ab363e2d-a3a2-4c29-b1c8-2816692de80d.jpg?v=1764383604"},{"product_id":"fugitive-slave-on-trial","title":"Fugitive Slave on Trial: The Anthony Burns Case and Abolitionist Outrage","description":"When runaway slave Anthony Burns was tracked to Boston by his owner Charles Suttle, the struggle over his fate became a focal point for national controversy. Boston, a hotbed of antislavery sentiment, provided the venue for the 1854 hearing that determined Burns's legal status, one of the most dramatic and widely publicized events in the long-running conflict over the issue of fugitive slaves.\u003cbr\u003e\u003cbr\u003eEarl Maltz's compelling chronicle of this case shows how the violent emotions surrounding it played out at both the local and national levels, focusing especially on the awkward position in which trial judge Edward Loring found himself. A unionist who also supported enforcement of the Fugitive Slave Act, Loring was committed to the idea that each individual case should be decided by reference to neutral principles, which ultimately led him to remand Burns to Suttle's custody. Although, as Maltz argues, Loring's decision was indisputably correct on the facts and justified by existing legal precedent, it also ignited a firestorm of protest.\u003cbr\u003e\u003cbr\u003eMaltz locates the Burns case in arguments over slavery going back to the Constitution's rendition clause, then follows it through two iterations of federal statutes in 1793 and 1850, a miniature legal war between the governors of Massachusetts and Virginia, and abolitionists' violent resistance to federal law. 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He also provides historical grounding for the case through a cogent analysis of previous Supreme Court decisions and legislative efforts from the late colonial period to the present, tracking the troubled course of Indian law through a terrain of abrogated treaties, unenforced court decisions, confused statutes, and harsh administrative rulings. \u003cbr\u003e\u003cbr\u003eIn its decision, the Court held that states are barred from interfering with tribal gaming enterprises catering primarily to non-Indian participants and operating in Indian country. As a result of that ruling—and of Congress's subsequent passage of the Indian Gaming Regulatory Act—tribal gaming has become a multibillion dollar business encompassing 425 casinos operated by 238 tribes in 29 states. 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Revolutionary officer, congressman, and secretary of state before his appointment to the Supreme Court, Marshall served as the Court’s fourth Chief Justice.  In this capacity, he helped define the role of the Court and elevate its status, as he interpreted the Constitution from the bench.  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Examining law through\r\nthe framework of history, this anthology presents a mixture of\r\ninnovative articles produced by established scholars as well as\r\nrepresentatives of the next generation.\u003c\/p\u003e\r\n\r\n\u003cp\u003eThe collection represents a rich array of interdisciplinary\r\nexpertise, with authors who are law professors, historians,\r\nsociologists and criminologists. Their essays include studies into the\r\nlives of judges and lawyers, rape victims, prostitutes, religious sect\r\nleaders, and common criminals. The geographic scope touches Canada, the\r\nUnited States and Australia. The essays explore how one individual, or\r\nsmall self-identified groups, were able to make a difference in how law\r\nwas understood, applied, and interpreted. 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The close examination of\r\npeople and place will allow readers to unpack law’s various\r\nmeanings across communities and time, and to move closer to a more\r\nprofound awareness of the complexity of human society.\u003c\/p\u003e","brand":"None","offers":[{"title":"Couverture souple","offer_id":46156950765745,"sku":"9780774810333","price":34.95,"currency_code":"CAD","in_stock":false},{"title":"Couverture rigide","offer_id":46156950798513,"sku":"9780774810326","price":95.0,"currency_code":"CAD","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_faa14e9f-e317-4fb4-bdfb-46d889829418.jpg?v=1763631291"},{"product_id":"the-papers-of-john-marshall-6","title":"The Papers of John Marshall: Vol. V: Selected Law Cases, 1784-1800","description":"Collected here are correspondence, papers, and legal documents — including selected judicial opinions — of American jurist John Marshall.  Revolutionary officer, congressman, and secretary of state before his appointment to the Supreme Court, Marshall served as the Court’s fourth Chief Justice.  In this capacity, he helped define the role of the Court and elevate its status, as he interpreted the Constitution from the bench.  The documents presented in these volumes — with introductory material and notes — shed light not only on Marshall’s life and thought but on the evolution of American jurisprudence as well.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46156825723057,"sku":"9781469623504","price":121.95,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_c450205b-11d8-49f6-b09d-2f961ef170ae.jpg?v=1763714762"},{"product_id":"laws-and-societies-in-the-canadian-prairie-west-1670-1940","title":"Laws and Societies in the Canadian Prairie West, 1670-1940","description":"\u003cp\u003e\u003cem\u003eLaws and Societies in the Canadian Prairie West, 1670-1940\u003c\/em\u003e examines the legal history of the north-west frontier, from the earliest years of European-Native contact in the seventeenth century to the mid-1900s. Challenging myths about a peaceful west and prairie exceptionalism, the book explores the substance of prairie legal history and the degree to which the region's mentality is rooted in the historical experience of distinctive prairie peoples. The chapters, written by a cross-section of established and emerging scholars working in the allied fields of law, legal history, sociology, and criminology, focus on what is distinctive in prairie legal culture.\u003c\/p\u003e\r\n\u003cp\u003eBy approaching the issue from a variety of perspectives – those of colonial administrators, fur company employees, Native peoples, women, men, entrepreneurs, judges, magistrates, and the police, among others – the authors find evidence of a conscious effort to apply broad, non-regional experiences to seemingly familiar, local issues. The ways in which prairie peoples perceived themselves and their relationships to a wider world were directly framed by notions of law and legal remedy shaped by the course and themes of prairie history. Legal history is not just about black letter law. It is also deeply concerned with the ways in which people affect and are affected by the law in their daily lives. By examining how central and important the law has been to individuals, communities, and societies in the Canadian Prairies, this book makes an original contribution.\u003c\/p\u003e","brand":"None","offers":[{"title":"Couverture souple","offer_id":46157651706033,"sku":"9780774811675","price":34.95,"currency_code":"CAD","in_stock":false},{"title":"Couverture rigide","offer_id":46157651738801,"sku":"9780774811668","price":95.0,"currency_code":"CAD","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_8921149d-8acd-42c3-ac4c-48537c63123c.jpg?v=1763631292"},{"product_id":"westward-bound","title":"Westward Bound: Sex, Violence, the Law, and the Making of a Settler Society","description":"\u003cp\u003eIn the late nineteenth century, European expansionism found one of its last homes in North America. While the American West was renowned for its lawlessness, the Canadian Prairies enjoyed a tamer reputation symbolized by the Mounties’ legendary triumph over chaos.\u003c\/p\u003e\r\n\u003cp\u003e\u003cem\u003eWestward Bound\u003c\/em\u003e debunks the myth of Canada’s peaceful West and the masculine conceptions of law and violence upon which it rests by shifting the focus from Mounties and whisky traders to criminal cases involving women between 1886 and 1940. Lesley Erickson reveals that judges’ and juries’ responses to the most intimate or violent acts reflected a desire to shore up the liberal order by maintaining boundaries between men and women, Native peoples and newcomers, and capital and labour. Victims and accused could only hope to harness entrenched ideas about masculinity, femininity, race, and class in their favour. The results, Erickson shows, were predictable but never certain.\u003c\/p\u003e\r\n\u003cp\u003eThis fascinating exploration of hegemony and resistance in key contact zones draws prairie Canada into larger debates about law, colonialism, and nation building.\u003c\/p\u003e","brand":"None","offers":[{"title":"Couverture souple","offer_id":46157444808881,"sku":"9780774818599","price":34.95,"currency_code":"CAD","in_stock":false},{"title":"Couverture rigide","offer_id":46157444841649,"sku":"9780774818582","price":95.0,"currency_code":"CAD","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_3e8b2816-99fc-4af0-bf51-0757bde93f40.jpg?v=1763631292"},{"product_id":"paths-to-the-bench","title":"Paths to the Bench: The Judicial Appointment Process in Manitoba, 1870-1950","description":"\u003cp\u003eA lawyer wanting to become a judge in early 20th-century Manitoba could attract the attention of his peers through his work – but it was a friendship with a powerful mentor that got him to the bench. In \u003cem\u003ePaths to the Bench,\u003c\/em\u003e Dale Brawn looks at the appointments and careers of early judges who were charged with laying the legal foundations of a province. By looking at both official records and correspondence from this era, Brawn uncovers the highly political nature of the judicial appointment process and the intricate bonds that ensured that judges acquired the values not of their society, but of their fellowship groups. A fascinating look at the careers of practical, hard-headed, and influential judges, \u003cem\u003ePaths to the Bench\u003c\/em\u003e is also an incisive study of the political nature of Canada’s judicial appointment process.\u003c\/p\u003e","brand":"None","offers":[{"title":"Couverture souple","offer_id":46157636075697,"sku":"9780774826761","price":32.95,"currency_code":"CAD","in_stock":false},{"title":"Couverture rigide","offer_id":46157636108465,"sku":"9780774826754","price":90.0,"currency_code":"CAD","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_6f2f39cb-aa18-4be5-8f37-280721ffc819.jpg?v=1763470898"},{"product_id":"fighting-foreclosure","title":"Fighting Foreclosure: The Blaisdell Case, the Contract Clause, and the Great Depression","description":"In the depths of the Great Depression, when foreclosure rates skyrocketed across the United States, more than two dozen states passed mortgage-extension or -adjustment laws to help farmers and homeowners keep their properties. One such statute in Minnesota led to the most important property law case of its time and still casts a long shadow upon constitutional debates and our own era's severe economic downturn.\u003cbr\u003e\u003cbr\u003e\u003ci\u003eFighting Foreclosure\u003c\/i\u003e marks the first book-length study of the landmark 1934 Supreme Court decision in Home Building and Loan Association v. Blaisdell, which, by a 5-4 vote, upheld the Minnesota Mortgage Moratorium Act. On the one hand, Blaisdell validated efforts by states to offer legislative relief to citizens struggling to keep their farms and homes. On the other, it caused an outcry among banking interests and conservative legal theorists, who argued that these laws violated the Contract Clause of the Constitution and interfered with our free market system.\u003cbr\u003e\u003cbr\u003eIn his majority opinion, Chief Justice Charles Evans Hughes argued that the reasonable and limited nature of the law and the unusual severity of the emergency it addressed placed it firmly within the \"police powers\" of the states to protect the health and safety of the people. In a strongly worded dissent, Justice George Sutherland argued for a consistent and strict interpretation of the Contract Clause regardless of economic exigency.\u003cbr\u003e\u003cbr\u003eJohn Fliter and Derek Hoff provide a concise history and analysis of not only this landmark case and the reasoning behind its sharply divided decision but also of the entire history of the Contract Clause. They trace closely the agricultural crisis, political pressures, and farmer-protest movement that produced the Minnesota law. And their study contributes to scholarly debate about the origins of the Constitutional Revolution of 1937, by which the Supreme Court accepted the New Deal, as well as to public debates about constitutional interpretation and the role that government should play in providing relief to distressed citizens.\u003cbr\u003e\u003cbr\u003eIn the midst of our nation's ongoing suffering from massive foreclosures and bankruptcies, \u003ci\u003eFighting Foreclosure\u003c\/i\u003e also offers a potent reminder that the High Court's decisions often revolve around lives at risk as much as abstract legal debates.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46156750782641,"sku":"9780700618729","price":40.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture rigide","offer_id":46156750815409,"sku":"9780700618712","price":134.95,"currency_code":"CAD","in_stock":false},{"title":"Livre numérique Kobo","offer_id":46156750848177,"sku":"f0df86e9-e2e0-36e0-8a46-ad1fc5d79cea","price":34.99,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_9829a6c7-9545-4b87-95d9-18baab60403a.jpg?v=1763718211"},{"product_id":"prigg-v-pennsylvania","title":"Prigg v. Pennsylvania: Slavery, the Supreme Court, and the Ambivalent Constitution","description":"Margaret Morgan was born in freedom's shadow. Her parents were slaves of John Ashmore, a prosperous Maryland mill owner who freed many of his slaves in the last years of his life. Ashmore never laid claim to Margaret, who eventually married a free black man and moved to Pennsylvania. Then, John Ashmore's widow sent Edward Prigg to Pennsylvania to claim Margaret as a runaway. Prigg seized Margaret and her children—one of them born in Pennsylvania—and forcibly removed them to Maryland in violation of Pennsylvania law. In the ensuing uproar, Prigg was indicted for kidnapping under Pennsylvania's personal liberty law. Maryland, however, blocked his extradition, setting the stage for a remarkable Supreme Court case in 1842.\u003cbr\u003e\u003cbr\u003eIn \u003ci\u003ePrigg v. Pennsylvania\u003c\/i\u003e, the Supreme Court considered more than just the fate of a single slavecatcher. The Court's majority struck down the free states' personal liberty laws and reaffirmed federal supremacy in determining the procedures for fugitive slave rendition. H. Robert Baker has written the first and only book-length treatment of this landmark case that became a pivot point for antebellum politics and law some fifteen years before Dred Scott.\u003cbr\u003e\u003cbr\u003eBaker addresses the Constitution's ambivalence regarding slavery and freedom. At issue were the reach of slaveholders' property rights into the free states, the rights of free blacks, and the relative powers of the federal and state governments. By announcing federal supremacy in regulating fugitive slave rendition, Prigg v. Pennsylvania was meant to bolster what slaveholders claimed as a constitutional right. But the decision cast into doubt the ability of free states to define freedom and to protect their free black populations from kidnapping.\u003cbr\u003e\u003cbr\u003eBaker's eye-opening account raises crucial questions about the place of slavery in the Constitution and the role of the courts in protecting it in antebellum America. More than that, it demonstrates how judges fashion conflicting constitutional interpretations from the same sources of law. Ultimately, it offers an instructive look at how constitutional interpretation that claims to be faithful to neutral legal principles and a definitive original meaning is nonetheless freighted with contemporary politics and morality. \u003ci\u003ePrigg v. Pennsylvania\u003c\/i\u003e is a sobering lesson for those concerned with today's controversial issues, as states seek to supplement and preempt federal immigration law or to overturn \u003ci\u003eRoe v. Wade\u003c\/i\u003e.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46156950339761,"sku":"9780700618651","price":40.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture rigide","offer_id":46156950372529,"sku":"9780700618644","price":134.95,"currency_code":"CAD","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_4ed202af-9aec-4546-aab3-3dd2c9d6e30d.jpg?v=1763718215"},{"product_id":"the-snail-darter-case","title":"The Snail Darter Case: TVA versus the Endangered Species Act","description":"With the discovery of a tiny fish in a soon-to-be-flooded stretch of the Little Tennessee River, construction on a dam that had already cost taxpayers $100 million came crashing to a halt. Thanks to the Endangered Species Act of 1973, the snail darter was instantly transformed into both an icon for species preservation and a despised symbol of the environmental movement's alleged excesses. The intense legal battle that ensued over its fate was contested all the way to the Supreme Court. \u003cbr\u003e\u003cbr\u003eThe 1978 decision in \u003ci\u003eTVA v. Hill\u003c\/i\u003e, the Court's first decision interpreting the Endangered Species Act, remains one of the most instructive cases in American environmental law. Affirming an injunction that prohibited the Tennessee Valley Authority from completing the Tellico Dam because it would eliminate the snail darter's only known habitat, the Supreme Court resolved an intragovernmental dispute between the TVA and the Interior Department as well as the claims of the local opponents of the dam. \u003cbr\u003e\u003cbr\u003eKenneth Murchison reveals that the snail darter case was just one part of a long struggle over whether the TVA should build the Tellico Dam. He traces disputes over the TVA's mission back to the 1930s and intertwines this with the emergence of federal environmental law in the 1960s and 1970s, culminating in the National Environmental Policy Act and Endangered Species Act, both of which provided a statutory basis for litigating against the dam builders. He continues with an exhaustive analysis of the arguments, deliberations, and decision of the Supreme Court, based largely on original sources, before concluding with a summary of the subsequent congressional actions and administrative proceedings that ultimately allowed the dam's completion. By plumbing the Court's deliberations, the politics behind the law, and the way that law spurred political responses, Murchison clarifies how the story of darter and dam came to exemplify the tensions and conflict between legislative and judicial action. \u003cbr\u003e\u003cbr\u003eEven though its players were left with only partial victories, \u003ci\u003eTVA v. Hill\u003c\/i\u003e helped to define the modern role of the TVA and remains an important chapter in the development of federal environmental law. Murchison helps us better understand this landmark decision, which drew the battle lines for current debates over the environment and the policies that protect or regulate its use.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46158442037425,"sku":"9780700615056","price":40.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture rigide","offer_id":46158442070193,"sku":"9780700615049","price":134.95,"currency_code":"CAD","in_stock":false},{"title":"Livre numérique Kobo","offer_id":46158442102961,"sku":"53202ad9-85dc-34bf-819f-8cbdd500ed60","price":33.59,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_cbb62aef-7ed2-49e1-b08d-ed16629e675c.jpg?v=1764381793"},{"product_id":"one-man-out","title":"One Man Out: Curt Flood versus Baseball","description":"When Curt Flood, all-star center fielder for the St. Louis Cardinals, refused to be traded to the Philadelphia Phillies in 1968, he sent shock waves throughout professional baseball that ultimately reached the Supreme Court. Flood challenged the game's reserve clause system that bound players to teams as if they were property; and while others had previously spoken out against this arrangement, protected by Congress and the courts for a century, he was the first to pursue his grievance as doggedly or as far.\u003cbr\u003e\u003cbr\u003eRobert Goldman now offers a new look at Flood's efforts to shake the foundations of major league baseball. \u003ci\u003eOne Man Out\u003c\/i\u003e takes readers back to the pre-steroid era when baseball was as much a passion as a pastime-and when race was often still a factor-to focus on decisions made in the courtrooms rather than the dugouts.\u003cbr\u003e\u003cbr\u003eFlood claimed that the prevailing system was illegal because it violated the Sherman antitrust laws by allowing teams to monopolize the sport in a way that impeded players' freedom and financial gain-and was even unconstitutional because it, in effect, imposed a form of slavery. Baseball owners countered that players owed their success to the reserve system because it maintained competitive balance among teams and heightened interest in the game, which helped fund their high salaries.\u003cbr\u003e\u003cbr\u003eAlthough the Supreme Court ruled against Flood, it left the door open to legislation that would remove baseball's special exemption from antitrust regulation and to future collective bargaining. With its credibility enhanced, the players' union continued negotiations until it finally won a version of free agency very similar to Flood's, with his final vindication coming in the form of the Curt Flood Act of 1998.\u003cbr\u003e\u003cbr\u003eIn replaying the confrontation between Flood and baseball commissioner Bowie Kuhn, Goldman demonstrates that even a lost lawsuit, with its game-like competition, can be a landmark. And by telling the inside story of the case, he highlights a key labor relations issue in America's most popular sport. Concise and balanced, and written in a fast-paced narrative style, \u003ci\u003eOne Man Out\u003c\/i\u003e reminds students, general readers, and fans that Flood holds a unique and important place in both baseball and American law.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46158509277361,"sku":"9780700616039","price":40.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture rigide","offer_id":46158509310129,"sku":"9780700616022","price":134.95,"currency_code":"CAD","in_stock":false},{"title":"Livre numérique Kobo","offer_id":46158509342897,"sku":"5d377832-2bb4-3b7e-b1f0-98e3103c99c5","price":32.99,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_2d324253-7928-40c9-af62-c866547cdd02.jpg?v=1763718206"},{"product_id":"the-sleepy-lagoon-murder-case","title":"The Sleepy Lagoon Murder Case: Race Discrimination and Mexican-American Rights","description":"What began as a neighborhood party during the summer of 1942 led to the largest mass murder trial in California's history. After young Jose Diaz was found murdered near Los Angeles' Sleepy Lagoon reservoir, 600 Mexican Americans were rounded up by the police, 24 were indicted, and 17 were convicted. But thanks to the efforts of crusading lawyers, Hollywood celebrities, and Mexican Americans throughout the nation, all 17 convictions were thrown out in an appellate decision that cited lack of evidence, coerced testimony, deprivation of the right to counsel, and judicial misconduct.  \u003cbr\u003e\u003cbr\u003eMark Weitz chronicles the Sleepy Lagoon case (People v. Zammora) from the streets of the L.A.'s Mexican-American neighborhoods to the criminal courts, through the appeals process, and to the ultimate release of the convicted. In the process, Weitz opens a window on the uneasy world of Hispanic-Anglo relations, which, exacerbated by an influx of Mexican immigrants, had simmered beneath the surface in California for a century and reached the boiling point by 1942. By demonstrating how an environment of hostility and fear had fostered a breakdown in the legal protections that should have been afforded to the Sleepy Lagoon defendants, Weitz also illuminates a vital episode in the evolution of defendants' rights—including the right to counsel and a fair and impartial trial.\u003cbr\u003e\u003cbr\u003eAs the case unfolded, the prosecution and local media drew ominous comparisons between the supposed dangers posed by the Mexican-American defendants and the threat allegedly posed by thousands of Japanese Americans, whose sympathies had been called into question after Pearl Harbor. 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While much of what occurred in 1942 L.A. was unique to its time and place, Weitz's compelling narrative shows that many of the social, political, and culture issues that dominated America then are still with us today.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46160128475313,"sku":"9780700617470","price":40.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture rigide","offer_id":46160128508081,"sku":"9780700617463","price":134.95,"currency_code":"CAD","in_stock":true},{"title":"Livre numérique Kobo","offer_id":46160128540849,"sku":"7c510c98-b9d0-3618-8de5-7e48ce46a5d9","price":33.59,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_50fcdae2-d0f7-4092-a362-927b2848e649.jpg?v=1763718217"},{"product_id":"the-papers-of-john-marshall-7","title":"The Papers of John Marshall: Volume IX: Correspondence, Papers, and Selected Judicial Opinions, January 1820-December 1823","description":"This volume marks the continuation of the first annotated edition of the papers of John Marshall, the great statesman and jurist. The Supreme Court’s most celebrated case during these years was \u003ci\u003eCohens\u003c\/i\u003e v. \u003ci\u003eVirginia\u003c\/i\u003e (1821). What began as a prosecution for the sale of lottery tickets eventually brought forth a major statement on the scope and extent of federal judicial power from Chief Justice Marshall. Like \u003ci\u003eMcCulloch\u003c\/i\u003e v. \u003ci\u003eMaryland\u003c\/i\u003e (1819), the \u003ci\u003eCohens\u003c\/i\u003e decision provoked the wrath of the guardians of states' rights in Virginia. As his correspondence shows, Marshall was deeply concerned that the reaction to \u003ci\u003eCohens\u003c\/i\u003e and other nationalizing decisions would translate into proposals to curb the Supreme Court’s powers.\u003cbr\u003e\u003cbr\u003eBesides chronicling Marshall’s judicial activities, this volume yields illuminating glimpses into his private interests and family life. When not sitting in court, Marshall was busy revising his \u003ci\u003eLife of Washington\u003c\/i\u003e and preparing an edition of General Washington’s letters.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46163448496305,"sku":"9781469623481","price":121.95,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_f5f011a2-f564-4707-893c-d6a46a85c5b0.jpg?v=1764380405"},{"product_id":"gitlow-v-new-york","title":"Gitlow v. New York: Every Idea an Incitement","description":"In 1919 American Communist Party member Benjamin Gitlow was arrested for distributing a \"Left Wing Manifesto,\" a publication inspired by the Russian Revolution. He was charged with violating New York's Criminal Anarchy Law of 1902, which outlawed the advocacy of any doctrine advocating to the violent overthrow of government. Gitlow argued that the law violated his right to free speech but was still convicted. He appealed and five years later the Supreme Court upheld his sentence by a vote of 7-2.\u003cbr\u003e\u003cbr\u003eThroughout the legal proceedings, much attention was devoted to the \"bad tendency\" doctrine—the idea that speakers and writers were responsible for the probable effects of their words—which the Supreme Court explicitly endorsed in its decision. According to Justice Edward T. Sanford, \"A state may punish utterances endangering the foundations of organized government and threatening its overthrow by unlawful means.\" \u003cbr\u003e\u003cbr\u003eMore important was Justice Oliver Wendell Holmes' dissent, in which he argued that the mere expression of ideas, separated from action, could not be punished under the \"clear and present danger\" doctrine. As Holmes put it, \"Every idea is an incitement\"—and the expression of an idea, no matter how disagreeable, was protected by the First Amendment. While the majority disagreed, it also raised and endorsed the idea that the Bill of Rights could be violated by neither the federal government nor individual states—an idea known as \"incorporation\" that was addressed for the first time in this case. \u003cbr\u003e\u003cbr\u003eIn recreating Gitlow, Marc Lendler opens up the world of American radicalism and brings back into focus a number of key figures in American law: defense attorney Clarence Darrow; New York Court of Appeals justices Roscoe Pound and Benjamin Cardozo; Walter Pollak of the fledgling ACLU; and dissenting justices Oliver Wendell Holmes and Louis Brandeis. Lendler also traces the origins of the incorporation doctrine and the ebb and flow of Gitlow as a precedent through the end of the Cold War.\u003cbr\u003e\u003cbr\u003eIn a time when Islamic radicalism raises many of the same questions as domestic Communism did, Lendler's cogent explication of this landmark case helps students and Court-watchers alike better understand \"clear and present danger\" tests, ongoing debates over incitement, and the importance of the Holmes-Brandeis dissent in our jurisprudence.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46163446300849,"sku":"9780700618767","price":40.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture rigide","offer_id":46163446333617,"sku":"9780700618750","price":134.95,"currency_code":"CAD","in_stock":true},{"title":"Livre numérique Kobo","offer_id":46163446366385,"sku":"d31f3417-56a0-3572-bc9c-be46d1e8da0f","price":34.39,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_33122041-f3cf-4e3b-a58d-db236d8a9e93.jpg?v=1763718218"},{"product_id":"the-interbellum-constitution","title":"The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms","description":"\u003cb\u003eA synthesis of legal, political, and social history to show how the post-founding generations were forced to rethink and substantially revise the U.S. constitutional vision\u003c\/b\u003e\u003cbr\u003e  \u003cbr\u003e Between 1815 and 1861, American constitutional law and politics underwent a profound transformation. 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This book is the first that synthesizes the legal, political, and social history of the early nineteenth century to show how deeply these constitutional questions dominated the discourse of the time.","brand":"None","offers":[{"title":"Couverture rigide","offer_id":46162043961521,"sku":"9780300223217","price":58.5,"currency_code":"CAD","in_stock":true},{"title":"Livre numérique Kobo","offer_id":46162043994289,"sku":"c844d574-12c7-391e-8af5-83af6911edd4","price":49.99,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_64f78831-a37f-43db-8204-ec96024b5242.jpg?v=1763166505"},{"product_id":"the-michigan-affirmative-action-cases","title":"The Michigan Affirmative Action Cases","description":"\u003cp\u003eIn its controversial Bakke decision of 1978, the Supreme Court upheld racial and ethnic diversity in university admissions—but it was not to be the last word on the matter. 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While the plaintiffs argued that their rights to equal protection under the Fourteenth Amendment and Title VI of the Civil Rights Act had been violated, the Court in 2003 disagreed and upheld the constitutionality of affirmative action, citing the goal of diversity as a legitimate state interest but also making it clear that there were limits to that interest and the policies to implement it.\u003c\/p\u003e\u003cp\u003eDrawing on interviews with key figures in the litigation, Perry follows the twists and turns of the district and appellate cases, then reveals the inside story of how Justice O’Connor joined her liberal colleagues to uphold the use of race in university admissions and thereby establish an important new precedent. 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Though often taken for granted, the modern American public defender has a surprisingly contentious history — one that offers insights not only about the “carceral state,” but also about the contours and compromises of twentieth-century liberalism.\u003cbr\u003e\u003cbr\u003eFirst gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. \u003ci\u003eGideon v. Wainwright\u003c\/i\u003e enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a “crisis” of underfunded, overworked defenders providing inadequate representation — a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46162900385969,"sku":"9781469661650","price":47.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture rigide (2020)","offer_id":46162900418737,"sku":"9781469656021","price":141.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture rigide (2007)","offer_id":47182416347346,"sku":"9789004157217","price":521.99,"currency_code":"CAD","in_stock":false},{"title":"Livre numérique Kobo","offer_id":46162900451505,"sku":"320f756a-54b9-3e5d-b0e0-b7ab52040d52","price":23.99,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_f2e1b5fa-9686-4736-84df-1add43fc2ee0.jpg?v=1763714763"},{"product_id":"goldwater-v-carter","title":"Goldwater v. 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In their decision, the Supreme Court placed the removal of the United States from treaties squarely in the political, rather than the constitutional, arena.\u003c\/p\u003e\u003cp\u003eGoldwater contended that if Carter could withdraw from the treaty with Taiwan, then another president could theoretically withdraw from NATO and thereby endanger the global political order. Ironically, years later President Donald Trump, who stood in the mold of Goldwater’s brand of conservatism, posed this very threat.\u003c\/p\u003e\u003cp\u003eJoshua Kastenberg places the case of \u003ci\u003eGoldwater v. Carter\u003c\/i\u003e in the larger context of executive power. While presidential power had increased in the wake of FDR’s New Deal, Congress curbed this expansion during the Vietnam conflict, placing restrictions on the presidency in areas of foreign policy and national security that had not been seen since the defeat of the League of Nations in the Senate in 1919. The Court’s decision in favor of Carter, however, marked a return to the growth of the “imperial presidency,” which has only continued to expand.\u003c\/p\u003e","brand":"None","offers":[{"title":"Couverture souple","offer_id":46163632292017,"sku":"9780700635474","price":40.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture rigide","offer_id":46163632324785,"sku":"9780700635467","price":134.95,"currency_code":"CAD","in_stock":true},{"title":"Livre numérique Kobo","offer_id":46163632357553,"sku":"04609fbe-e12e-35e1-a7c5-b2552e607115","price":34.39,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_aa1c87f4-a222-4699-9d9c-086c7436a134.jpg?v=1763718206"},{"product_id":"the-papers-of-john-marshall-8","title":"The Papers of John Marshall: Vol. VIII: Correspondence, Papers, and Selected Judicial Opinions, March 1814-December 1819","description":"The 1819 term of the Supreme Court stands preeminent in John Marshall’s chief justiceship as the year of three major constitutional pronouncements: \u003ci\u003eDartmouth College \u003c\/i\u003ev.\u003ci\u003e Woodward\u003c\/i\u003e, \u003ci\u003eSturgis \u003c\/i\u003ev.\u003ci\u003e Crowninshield\u003c\/i\u003e, and \u003ci\u003eMcCulloch \u003c\/i\u003ev.\u003ci\u003e Maryland\u003c\/i\u003e. This volume, covering 1814 to 1819, reproduces these and other important Marshall opinions given in the Supreme Court and the U.S. Circuit Court for Virginia. Also included are a series of essays Marshall wrote to answer critics of the \u003ci\u003eMcCulloch v. Maryland\u003c\/i\u003e decision. In addition to papers concerning judicial business, this volume includes personal correspondence that sheds light on Marshall’s private interests and family life.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46163497058481,"sku":"9781469623467","price":121.95,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_e1a6158f-fa38-4f72-8ce7-39ada0af15f2.jpg?v=1763714769"},{"product_id":"plessy-v-ferguson","title":"Plessy v. 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He particularly focuses on Justice Henry Billings Brown's ruling that the statute's \"equal, but separate\" condition was a sufficient constitutional standard for equality, and on Justice John Marshall Harlan's classic dissent, in which he stated, \"Our Constitution is color-blind, and neither knows nor tolerates classes among its citizens.\" \u003cbr\u003e\u003cbr\u003eHoffer's compelling reconstruction illuminates the controversies and impact of \u003ci\u003ePlessy v. Ferguson\u003c\/i\u003e for a new generation of students and other interested readers. It also pays tribute to a group of little known heroes from the Deep South who failed to hold back the tide of racial segregation but nevertheless laid the groundwork for a less divided America.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46166220800177,"sku":"9780700618477","price":40.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture rigide","offer_id":46166220832945,"sku":"9780700618460","price":134.95,"currency_code":"CAD","in_stock":true},{"title":"Livre numérique Kobo","offer_id":46166220865713,"sku":"8bb14512-a5c1-348e-8fab-79c5ce61f195","price":34.39,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_49d047ca-266b-4c43-bc52-b68384be1ba0.jpg?v=1763718214"},{"product_id":"the-papers-of-john-marshall-9","title":"The Papers of John Marshall: Vol. I: Correspondence and Papers, November 10, 1775-June 23, 1788, and Account Book, September 1783-June 1788","description":"Collected here are correspondence, papers, and legal documents — including selected judicial opinions — of American jurist John Marshall.  Revolutionary officer, congressman, and secretary of state before his appointment to the Supreme Court, Marshall served as the Court’s fourth Chief Justice.  In this capacity, he helped define the role of the Court and elevate its status, as he interpreted the Constitution from the bench.  The documents presented in these volumes — with introductory material and notes — shed light not only on Marshall’s life and thought but on the evolution of American jurisprudence as well.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46165107605681,"sku":"9781469623627","price":121.95,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_ee7374c9-6262-43ab-ab75-b98db5343163.jpg?v=1764383605"},{"product_id":"mendez-v-westminster","title":"Mendez v. Westminster: School Desegregation and Mexican-American Rights","description":"\u003cp\u003eWhile \u003ci\u003eBrown v. 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His trial, witnessing the unfortunate intrusion of partisan politics and personal animosity into the legal process, revolved around a highly contentious debate over the constitutional meaning of treason.\u003c\/p\u003e\u003cp\u003eIn the first book dedicated to this important case, Peter Charles Hoffer unveils a cast of characters ensnared by politics and law at the highest levels of government, including President Thomas Jefferson—one of Burr’s bitterest enemies—and Chief Justice John Marshall, no fan of either Burr or Jefferson. Hoffer recounts how Jefferson’s prosecutors argued that the mere act of discussing an “overt Act of War”—the constitution’s definition of treason—was tantamount to committing the act. Marshall, however, ruled that without the overt act, no treasonable action had occurred and neither discussion nor conspiracy could be prosecuted. 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As Strub tracks the legacy of \u003ci\u003eRoth\u003c\/i\u003e and obscenity law through the ongoing policing of acceptable sexuality into the twenty-first century, his riveting narrative brings those times to life and helps readers navigate the fine line between what is socially acceptable and what is criminally obscene.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46166222536881,"sku":"9780700619375","price":40.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture rigide","offer_id":46166222569649,"sku":"9780700619368","price":134.95,"currency_code":"CAD","in_stock":true},{"title":"Livre numérique Kobo","offer_id":46166222602417,"sku":"cdfe1ed6-1358-3177-80bf-ac6c6e7ca8bf","price":32.99,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_4710f66a-87a3-4eb7-ba04-cadfd908f036.jpg?v=1763717756"},{"product_id":"the-deshaney-case","title":"The DeShaney Case: Child Abuse, Family Rights, and the Dilemma of State Intervention","description":"\"Poor Joshua!\" lamented Justice Harry Blackmun in his famous dissent. \"Victim of repeated attacks by an irresponsible, bullying, obviously cowardly, and intemperate father, and abandoned by respondents who placed him in a dangerous predicament and who knew or learned what was going on, and yet did essentially nothing. . . .\" Even so, the Supreme Court, by a 6-to-3 margin, absolved Wisconsin officials of any negligence in a case that had left a young child profoundly damaged for the rest of his life.\u003cbr\u003e\u003cbr\u003eDoes the Constitution protect children from violent parents? As Lynne Curry shows, that was the central question at issue when Melody DeShaney initially sued Wisconsin for failing to protect her battered son Joshua from her estranged husband, thus violating her son's constitutional right to due process. The resulting case, DeShaney v. Winnebago County (1989), was a highly emotional one pitting the family against the state and challenging our views on domestic relations, child abuse, and the responsibilities—and limits—of state action regarding the private lives of citizens.\u003cbr\u003e\u003cbr\u003eThe Supreme Court's controversial decision ruled that the Constitution was intended to limit state action rather than oblige the state to interfere in private affairs. In other words, it viewed the Due Process Clause as a limitation on the state's power to act, not a guarantee of safety and security, not even for children who depend on the state for their very survival. In this first book-length analysis of the case, Curry helps readers understand how considerations of \"what should be\" in an undeniably tragic case are not always reflected in legal reasoning.\u003cbr\u003e\u003cbr\u003eCurry brings to light details that have been ignored or neglected and covers both the criminal and civil proceedings to retell a story that still shocks. Drawing on legal briefs and social work case files, she reviews the legal machinations of the state and includes personal stories of key actors: family members, social workers, police officers, child advocates, and opposing attorneys. She then clearly analyzes the majority and dissenting opinions from the Court, as well as reactions from the court of public opinion.\u003cbr\u003e\u003cbr\u003eJoshua DeShaney depended on the state for protection but found no satisfaction in the courts when the state failed him. \u003ci\u003eThe DeShaney Case\u003c\/i\u003e offers a much-needed perspective on the dilemmas his predicament posed for our legal system and fresh insight into our ambivalent views of the role that the state should play in our daily lives.","brand":"None","offers":[{"title":"Couverture souple","offer_id":46166226632881,"sku":"9780700614974","price":40.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture rigide","offer_id":46166226665649,"sku":"9780700614967","price":134.95,"currency_code":"CAD","in_stock":false},{"title":"Livre numérique Kobo","offer_id":46166226698417,"sku":"c62d1e78-1c3e-3cd3-b023-34ec4e663b11","price":34.99,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_bf74a2e3-af2f-475a-9ee9-e0adc2ad2b85.jpg?v=1763717271"},{"product_id":"lethal-judgments","title":"Lethal Judgments: Assisted Suicide and American Law","description":"\u003cp\u003eIn two 1997 decisions, the Supreme Court ruled that there is no constitutional right to physician-assisted suicide. Yet for many people this concept strikes to the heart of our sense of liberty even as it tugs at our hearts in the face of human suffering.\u003c\/p\u003e\u003cp\u003e\u003ci\u003eLethal Judgments\u003c\/i\u003e examines those cases, the law surrounding the plaintiffs' claims, and the moral debate over physician-assisted suicide. A concise and gracefully written overview of one of the most complex and contentious areas of American law, it lays out the conflict between individuals supporting privacy rights, due process, and equal protection, and those for whom moral and ethical considerations trump such concepts.\u003c\/p\u003e\u003cp\u003eNoted constitutional scholar Melvin Urofsky discusses the tangled legal, historical, ethical, and medical issues related to right-to-die arguments, then examines the Supreme Court’s position in \u003ci\u003eWashington v. Glucksberg\u003c\/i\u003e and \u003ci\u003eQuill v. Vacco\u003c\/i\u003e. He shows how these 1997 cases relate to two other famous cases—Karen Ann Quinlan and Nancy Beth Cruzan—and carries the controversy up to the recent trials of Dr. Jack Kevorkian. Urofsky considers the many facets of this knotty argument. He differentiates between discontinuation of medical treatment, assisted suicide, and active euthanasia, and he sensitively examines the issue’s social and religious contexts to enable readers to see both sides of the dispute. He also shows that in its ruling the Supreme Court did not slam the door on the subject but left it ajar by allowing states to legislate on the matter as Oregon has already done.\u003c\/p\u003e\u003cp\u003eBy treating assisted suicide simply as a legal question, observes Urofsky, we miss the real importance of the issue. For patients with AIDS, cancer, and other debilitating illnesses—or even for those feeble from age—physician-assisted suicide is an expression of personal autonomy, and as modern medicine learns new ways to prolong life, more and more people will seek to exercise this option. Because right-to-die cases are likely to come before the high court again, this book provides students and general readers with a timely appreciation of their importance for legal theory and a useful way to reflect upon the choice between life and death.\u003c\/p\u003e","brand":"None","offers":[{"title":"Couverture souple","offer_id":46166232793265,"sku":"9780700610112","price":40.95,"currency_code":"CAD","in_stock":true},{"title":"Livre numérique Kobo","offer_id":46166232826033,"sku":"5abf9d6c-d180-3270-9afd-cc3e3703144a","price":33.99,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_3b467d79-a3cc-43bf-9cbc-baa9752829f6.jpg?v=1763717756"}],"url":"https:\/\/www.indigo.ca\/fr\/collections\/droit-histoire.oembed","provider":"Indigo","version":"1.0","type":"link"}