{"title":"Théories Juridiques ","description":null,"products":[{"product_id":"rights-of-inclusion","title":"Rights of Inclusion: Law and Identity in the Life Stories of Americans with Disabilities","description":"\u003cdiv\u003e\n\u003ci\u003eRights of Inclusion\u003c\/i\u003e provides an innovative, accessible perspective on how civil rights legislation affects the lives of ordinary Americans. Based on eye-opening and deeply moving interviews with intended beneficiaries of the Americans with Disabilities Act (ADA), David M. Engel and Frank W. Munger argue for a radically new understanding of rights-one that focuses on their role in everyday lives rather than in formal legal claims.\u003cbr\u003e\u003cbr\u003eAlthough all sixty interviewees had experienced discrimination, none had filed a formal protest or lawsuit. Nevertheless, civil rights played a crucial role in their lives. 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We expect, and the law requires, government officials to take fairness seriously, giving us notice and an opportunity to be heard before taking our rights away. That is why the U.S. Constitution commands, twice, that no one shall be deprived of life, liberty, or property without due process of law. Yet, in overheated debates, people argue that others do not deserve any presumption of innocence. In courtrooms and colleges, police stations and jails, restaurants and libraries, print and online, the democratic value of due process is up for grabs. \u003c\/p\u003e \u003cp\u003eWhy is due process under so much pressure? Brandon Garrett exposes widening fault lines. One division lies within our own attitudes, and he explores why we are tempted to put desired outcomes before fair process. Another lies in government, as judges adopt toothless due process rules. People are trapped in debt for unpaid traffic fines; sheriffs seize and forfeit belongings; algorithms suspend teachers’ employment; officials use flawed data to cancel healthcare; and magistrates order arrestees to be jailed because they cannot pay cash bail. Meanwhile, the rise of AI threatens what remains of due process with black-box technology.\u003c\/p\u003e \u003cp\u003eTo fight against such unfairness, lawyers try to challenge unjust systems, researchers demonstrate why such processes are so counterproductive, and lawmakers try to enact new protections. Common ground matters now more than ever to mend political polarization, cool simmering distrust of government, prevent injudicious errors, and safeguard constitutional rights. 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In a book that will radically reorient thinking about the Constitution and its place in the polity, Wayne Moore moves away from an exclusive focus on courts and judges and considers the following queries: Who is included among the people? How are the people politically configured? How may the people act? And how do the people relate to government and other representative structures? Going beyond though not excluding relevant discussions of specific constitutional texts (such as the preamble, articles V and VII, and the ninth, tenth, and fourteenth amendments), Moore examines historical material from the antebellum period, such as the opinions of U.S. Supreme Court justices in the notorious Dred Scott case and significantly different perspectives from the writings and speeches of Frederick Douglass. He also looks at influential thinking from the founding period and examines precedents set during prominent controversies involving the establishment of a national bank, regulations of the economy, and efforts to limit sexual and reproductive choices. The penultimate chapter explores issues raised by claims of state interpretive autonomy, and the conclusion models various dimensions of the constitutional order as a whole. The book offers fresh insights into central problems of constitutional history, theory, and law.\u003cbr\u003e\u003cbr\u003eOriginally published in 1996.\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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One of America’s leading constitutional scholars, Fisher analyzes the political, legal, and administrative context of the Supreme Court decision Ex parte Quirin (1942), reconstructing a rush to judgment that has striking relevance to current events.\u003c\/p\u003e\u003cp\u003eFisher contends that the Germans’ constitutional right to a civil trial was hijacked by an ill-conceived concentration of power within the presidency, overriding essential checks from the Supreme Court, Congress, and the office of the Judge Advocate General. He reveals that the trials were conducted in secret not to preserve national security but rather to shield the government’s chief investigators and sentencing decisions from public scrutiny and criticism. Thus, the FBI’s bogus claim to have nabbed the saboteurs entirely on their own was allowed to stand, while the saboteurs’ death sentences were initially kept hidden from public view. 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She demostrates the continuing relevance of these principles by questioning the dominant scholarship on the legislative veto. As a short-cut through constitutional procedure invented in the 1930s and invalidated by the Supreme Court's \u003ci\u003eChadha\u003c\/i\u003e decision in 1983, the legislative veto has long been presumed to have been a powerful mechanism of congressional oversight. Korn's analysis, however, shows that commentators have exaggerated the legislative veto's significance as a result of their incorrect assumption that the separation of powers was designed solely to check governmental authority. 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In \u003ci\u003eConscience and the Constitution\u003c\/i\u003e, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole.\u003cbr\u003e\u003cbr\u003eRichards's interpretation focuses on the abolitionists and their radical commitment to the \"dissenting conscience.\" In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. 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Cassel presents readers with trusted, evidence-based information they can rely on to protect vision and learn more about how to treat any eye problems that come up. This easy-to-understand volume takes a step-by-step approach, providing an overview of the eye's anatomy, a tour of healthy vision, and an explanation of what steps readers and health care providers should take to address vision issues. Drawing on years of clinical experience with patients, Cassel also looks at eye complications associated with common medical conditions (for example, diabetes) along with the best treatments for eye conditions, such as cataracts and glaucoma.\u003c\/p\u003e\u003cp\u003eNow in its second edition, this bestselling book continues to provide the interested reader, along with nurse practitioners, physician assistants, internists, and family doctors, with practical information about \u003c\/p\u003e\u003cp\u003e• eyeglass materials, contact lenses, and refractive surgeries (including LASIK) to improve vision\u003cbr\u003e• tips to spot and treat common eye irritations and infections, including conjunctivitis (\"pink eye\") \u003cbr\u003e• advice about when people should take care of an eye problem on their own and when they need to consult with an expert \u003cbr\u003e• what people (and their health care providers) can do about blurriness, dry eyes, eye strain, eye allergies, and floaters \u003cbr\u003e• how vision problems may be a sign of other health conditions, including thyroid problems and multiple sclerosis\u003cbr\u003e• which medications may affect vision\u003cbr\u003e• what people within and outside of the medical field need to know about macular degeneration and low vision\u003c\/p\u003e\u003cp\u003eRichly illustrated and engagingly written, this edition features special bonus material, including a chapter on cosmetics and the eye, FAQs (\"Can cataracts grow back after cataract surgery?\"; \"Will I go blind from my glaucoma?\"), and a handy symptom index that allows readers to research topics by the presentation of an eye problem. Useful for everyone, including general medical professionals who want to learn more about the health of the eyes, this up-to-date, in-depth, and authoritative book will serve as a users' manual for the eyes and help promote better vision for a brighter tomorrow.\u003c\/p\u003e","brand":"None","offers":[{"title":"Couverture rigide (2026)","offer_id":47181165527250,"sku":"9781399515436","price":169.99,"currency_code":"CAD","in_stock":true},{"title":"Couverture souple (2021 A)","offer_id":46154762551473,"sku":"9781421439983","price":32.95,"currency_code":"CAD","in_stock":true},{"title":"Couverture souple (2021 B)","offer_id":46154762584241,"sku":"9781421440002","price":39.95,"currency_code":"CAD","in_stock":false},{"title":"Couverture rigide (2021)","offer_id":46154762617009,"sku":"9781421439976","price":74.95,"currency_code":"CAD","in_stock":false},{"title":"Livre numérique Kobo","offer_id":46154762649777,"sku":"56c0c4b8-5dfc-369c-bc26-2b41c7265ddc","price":27.09,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_cefcf2fe-85e9-4b54-b83a-83406fef8716.jpg?v=1763680116"},{"product_id":"a-matter-of-interpretation","title":"A Matter of Interpretation: Federal Courts and the Law - New Edition","description":"\u003cp\u003eWe are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law.\" But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.\u003cbr\u003e\u003cbr\u003eIn exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. 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In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.\u003cbr\u003e\u003cbr\u003eThis essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.\u003cbr\u003e\u003cbr\u003eFeaturing a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.\u003c\/p\u003e","brand":"None","offers":[{"title":"Couverture souple","offer_id":46155287396529,"sku":"9780691174044","price":28.99,"currency_code":"CAD","in_stock":true},{"title":"Livre numérique Kobo","offer_id":46155287429297,"sku":"a86aced3-fbb6-306f-aa5e-0d47d3c14d10","price":22.79,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_6b1ae561-8e7d-4241-b1a3-a613ebb36694.jpg?v=1763631727"},{"product_id":"constitutional-bricolage","title":"Constitutional Bricolage","description":"\u003cp\u003eUniquely blending anthropological and exchange theory, Professor Garvey offers a new interpretation of American constitutional development. 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The Court, by interpreting the Constitution to effect laissez-faire and Social Darwinism, helped bring about a society ostensibly patterned on the buyer-seller model, marked by free exchange and \"liberty of contract.\" New departures by the Court in the areas of free speech and criminal justice, according to the author, evidence a recognition of present inequities and a determination to change them; but to the extent the Court remains loyal to a buyer-seller model, it practices an unrealistic jurisprudence.\u003cbr\u003e\u003cbr\u003eOriginally published in 1971.\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. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.\u003c\/p\u003e","brand":"None","offers":[{"title":"Couverture rigide","offer_id":46155447500977,"sku":"9780691647197","price":130.0,"currency_code":"CAD","in_stock":true},{"title":"Couverture souple","offer_id":46155447533745,"sku":"9780691620442","price":56.0,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_1b60df46-a4b0-449b-9e6a-ce80a94ade23.jpg?v=1764388466"},{"product_id":"legal-ethics-and-social-media","title":"Legal Ethics and Social Media: A Practitioner's Handbook, Second Edition","description":"\u003cp\u003eWhile technology has improved the speed and efficiency for providing legal services, one aspect that may be overlooked is how the rapid growth of social media has affected the landscape of almost everything a lawyer may touch—for better or for worse.\u003c\/p\u003e\u003cp\u003e\u003cbr\u003e\u003c\/p\u003e\u003cp\u003e\u003ci\u003eLegal Ethics and Social Media: A Practitioner’s Handbook, Second Edition\u003c\/i\u003e covers all areas of social media from both the attorney’s perspective as well as that of the attorney’s clients. Topics include:\u003c\/p\u003e\u003cp\u003e\u003cb\u003e\u003cbr\u003e\u003c\/b\u003e\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cul\u003e\n\u003cli\u003eBeing digitally competent\u003c\/li\u003e\n\u003cli\u003eRepresenting and advising clients in this digital age\u003c\/li\u003e\n\u003cli\u003eJudges, courts and legal ethics\u003c\/li\u003e\n\u003cli\u003eGoogle, LinkedIn, Twitter, Facebook, Instagram and YouTube\u003c\/li\u003e\n\u003cli\u003eAttorney advertising and social media\u003c\/li\u003e\n\u003cli\u003ePreservation and spoliation of digital evidence\u003c\/li\u003e\n\u003cli\u003e\"Facebooking\" a jury\u003c\/li\u003e\n\u003cli\u003eEthically filtering a response to a negative online comment or review\u003c\/li\u003e\n\u003cli\u003eDigital assets and much more\u003c\/li\u003e\n\u003c\/ul\u003e\u003cp\u003e\u003c\/p\u003e\u003cp\u003e\u003cbr\u003e\u003c\/p\u003e\u003cp\u003eIn addition, the book includes references to Legal Ethics Advisory Opinions and a Table of Cases. Any lawyer, judge, law student or legal professional who uses social media or has faced obstacles in court with client’s social media activity will find this an invaluable—and essential—tool for their practice or firm.\u003c\/p\u003e","brand":"None","offers":[{"title":"Couverture souple","offer_id":46155001168049,"sku":"9781639051960","price":129.02,"currency_code":"CAD","in_stock":true},{"title":"Livre numérique Kobo","offer_id":46155001200817,"sku":"083a9727-c80c-395f-a4be-fee49014b399","price":93.99,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_b8953b4c-b31c-4ba3-a17d-46a784aade95.jpg?v=1763632173"},{"product_id":"feminist-activism-in-the-supreme-court","title":"Feminist Activism in the Supreme Court: Legal Mobilization and the Women's Legal Education and Action Fund","description":"\u003cp\u003eSince 1980, the Canadian women’s movement has been an active participant in constitutional politics and Charter litigation. This book, through its focus on the Women’s Legal Education and Action Fund (LEAF), presents a compelling examination of how Canadian feminists became key actors in developing the constitutional doctrine of equality, and how they mobilized that doctrine to support the movement’s policy agenda.\u003c\/p\u003e\r\n\u003cp\u003eThe case of LEAF, an organization that had as its goal the use of Charter litigation to influence legal rules and public policy, provides rich ground for Manfredi’s keen analysis of legal mobilization. In a multitude of areas such as abortion, pornography, sexual assault, family law, and gay and lesbian rights, LEAF has intervened before the Supreme Court to bring its understanding of equality to bear on legal policy development. This study offers a deft examination of LEAF’s arguments and seeks to understand how they affected the Court’s consideration of the issues. Perhaps most importantly, it also contemplates the longterm effects of the mobilization, and considers the social impact of the legal doctrine that has emerged from LEAF cases.\u003c\/p\u003e\r\n\u003cp\u003eA major contribution to law and society studies, \u003cem\u003eFeminist Activism in the Supreme Court\u003c\/em\u003e is unparalleled in its analysis of legal mobilization as an effective strategy for social movements. It will be widely read and welcomed by legal scholars, political scientists, lawyers, feminists, and activists.\u003c\/p\u003e","brand":"None","offers":[{"title":"Couverture souple","offer_id":46156922814641,"sku":"9780774809474","price":34.95,"currency_code":"CAD","in_stock":false},{"title":"Couverture rigide","offer_id":46156922847409,"sku":"9780774809467","price":95.0,"currency_code":"CAD","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_1ead1c06-28fc-463b-944d-cbf8ec19d04b.jpg?v=1763631296"},{"product_id":"the-u-s-supreme-court-a-very-short-introduction","title":"The U.S. Supreme Court: A Very Short Introduction","description":"Very Short Introductions: Brilliant, Sharp, Inspiring\r\n\r\nFor 30 years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. 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Madison, the seminal case which established judicial review; District of Columbia v. Heller (2008), which struck down the District of Columbia's gun-control statute and which was, surprisingly, the first time in its history that the Court issued an authoritative interpretation of the Second Amendment; and Dobbs v. Jackson Women's Health Organization (2022), which repudiated the right to abortion the Court had recognized nearly fifty years earlier in Roe v. Wade (1973). To add perspective, Greenhouse also compares the Court to foreign courts, revealing interesting differences. 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Some critics, suspicious of what they perceive as the \"activism\" of \"unelected and unaccountable\" judges, view the increased power of the Supreme Court as a direct challenge to parliament. But has parliamentary democracy been weakened by judicial responses to the Charter?\u003c\/p\u003e\r\n\u003cp\u003eIn Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada.\u003c\/p\u003e\r\n\u003cp\u003eKelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. 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A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.","brand":"None","offers":[{"title":"Couverture rigide","offer_id":46157397983409,"sku":"9780521116213","price":205.95,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_3af1444f-9635-4986-b88b-1cdb7b8911de.jpg?v=1763570612"},{"product_id":"rhetorical-knowledge-in-legal-practice-and-critical-legal-theory","title":"Rhetorical Knowledge in Legal Practice and Critical Legal Theory","description":"\u003cp\u003e\u003cb\u003eA clear summary of contemporary rhetorical philosophy and its intersections with hermeneutics and critical theory\u003c\/b\u003e\u003c\/p\u003e\u003cp\u003eThis book describes the significance of rhetorical knowledge for law through detailed discussions of some of the most difficult legal issues facing courts today, including affirmative action, gay rights, and assisted suicide.\u003c\/p\u003e\u003cp\u003eFrancis J. Mootz responds to both extremes, those who argue that law is merely a rhetorical mask for the exercise of power and those who demonstrate an ideological faith in law’s autonomy, and he breaks new ground by returning to modern classics in the fields of rhetoric and hermeneutics. Drawing from Chaim Perelman's \"new rhetoric\" and Hans-Georg Gadamer's \"philosophical hermeneutics,\" Mootz argues that justice is a product of rhetorical knowledge. Drawing from Nietzsche, Mootz’s conception of rhetorical knowledge opens up the dynamic possibilities of critical legal theory. \u003c\/p\u003e","brand":"None","offers":[{"title":"Couverture souple","offer_id":46157024886961,"sku":"9780817360849","price":49.95,"currency_code":"CAD","in_stock":false},{"title":"Livre numérique Kobo","offer_id":46157024919729,"sku":"74d31865-1180-3057-a866-aab1eec31f17","price":43.99,"currency_code":"CAD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0655\/8980\/5233\/files\/1_69e2d2b5-bb34-4829-a75d-17ec87c30fa2.jpg?v=1763378492"},{"product_id":"the-alabama-state-constitution","title":"The Alabama State Constitution","description":"The Alabama State Constitution provides extensive analysis on American's longest state constitution, with an emphasis on the impact of recent court decisions declaring several of its most recently adopted provisions as in conflict with the U.S. Constitution and thus invalid. 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This gripping work of American political history reveals a bench—with its conservative supermajority—that is desperately ideological. The Court has been headed rightward and ensnared by its own intrigues for years, but the Trump appointments hastened the modern transformation. 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