Judicial Monarchs

Author: William J. Watkins, Jr.
Publisher: McFarland
ISBN: 0786489987
Format: PDF, ePub, Docs
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"This study challenges American dogma about the court being the ultimate arbiter of constitutional issues, showing it instead supporting policy decisions being left to the people's elected representatives. It offers a combination of remedies--including term limits and popular selection of the Supreme Court--to return the people to their proper place in the constitutional order"--Provided by publisher.

Restoring the Lost Constitution

Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 140084813X
Format: PDF, ePub, Mobi
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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

The Cambridge Companion to the United States Constitution

Author: Karen Orren
Publisher: Cambridge University Press
ISBN: 1108340709
Format: PDF, ePub, Docs
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This Companion provides a broad, historically informed introduction to the study of the US constitutional system. In place of the usual laundry lists of cases, doctrines, and theories, it presents a picture of the constitutional system in action, with separate sections devoted to constitutional principles, organizational structures, and the various legal and extra-legal 'actions' through which litigators and average citizens have attempted to bring about constitutional change. Finally, the volume covers a number of subjects that are rarely discussed in works aimed at a general audience, but which are critical to ensuring that constitutional rights are honored in the day-to-day lives of citizens. These include standing and causes of action, suits against officeholders, and the inner workings of the Foreign Intelligence Surveillance Court (FISC). This Companion places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.

The Sleeping Sovereign

Author: Richard Tuck
Publisher: Cambridge University Press
ISBN: 1316425509
Format: PDF, Kindle
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Richard Tuck traces the history of the distinction between sovereignty and government and its relevance to the development of democratic thought. Tuck shows that this was a central issue in the political debates of the seventeenth and eighteenth centuries, and provides a new interpretation of the political thought of Bodin, Hobbes and Rousseau. Integrating legal theory and the history of political thought, he also provides one of the first modern histories of the constitutional referendum, and shows the importance of the United States in the history of the referendum. The book derives from the John Robert Seeley Lectures delivered by Richard Tuck at the University of Cambridge in 2012, and will appeal to students and scholars of the history of ideas, political theory and political philosophy.

The Habsburg Monarchy 1815 1918

Author: Steven Beller
Publisher: Cambridge University Press
ISBN: 1107091896
Format: PDF, ePub, Docs
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Introduction: Austria and modernity -- 1815-1835: restoration and procrastination -- 1835-1851: revolution and reaction -- 1852-1867: transformation -- 1867-1879: liberalization -- 1879-1897: nationalization -- 1897-1914: modernization -- 1914-1918: self-destruction -- Conclusion: Central Europe and the paths not taken

Patent Trolls

Author: William J. Watkins, Jr.
Publisher: Independent Inst
ISBN: 9781598131703
Format: PDF, Mobi
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Stiflers of innovation, patent trolls use overbroad patents based on dated technology to threaten litigation and bring infringement suits against inventors. Trolls, also known as nonpracticing entities (NPEs), typically do not produce products or services but are in the business of litigation. They lie in wait for someone to create a process or product that has some relationship to the patent held by the troll, and then they pounce with threats and lawsuits. The cost to the economy is staggering. In Patent Trolls: Predatory Litigation and the Smothering of Innovation, William J. Watkins, Jr., calls attention to this problem and the challenges it poses to maintaining a robust rate of technological progress. After describing recent trends and efforts to “tame the trolls,” Watkins focuses on ground zero in patent litigation—the Eastern District of Texas, where a combination of factors makes this the lawsuit venue of choice for strategically minded patent trolls. He also examines a more fundamental problem: an outmoded patent system that is wholly ill suited for the modern economy. Finally, he examines proposals for reforming the U.S. patent system, which was created to spur innovation but today is having the opposite effect. If legal reformers heed the analyses and proposals presented in this book, the prospects for crafting a legal environment that promotes innovation are favorable.

Bodin On Sovereignty

Author: Jean Bodin
Publisher: Cambridge University Press
ISBN: 9780521349925
Format: PDF
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This volume contains the essential points of Jean Bodin's theory of sovereignty, a landmark in legal theory and royalist ideology. The four chapters presented form the core of Bodin's classic work, Six Livres de la Republique. Bodin was primarily responsible for introducing the seductive but erroneous notion that sovereignty is indivisible, that the entire power of the state had to be vested in a single individual or group. This thesis, combined with the prevailing crisis of authority during the French religious wars, led Bodin to a systematically absolutist interpretation of the French and other European monarchies. This is the first complete translation of this material into English since 1606, and is accompanied by a lucid introduction, chronology, and bibliography.

Crossroads for Liberty

Author: William J. Watkins, Jr.
Publisher:
ISBN: 9781598132793
Format: PDF, Kindle
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What did the American Founders actually intend for the country, and does it even matter today? If America began as an idea, then what kind of idea? In a time of increasing turmoil over American history, politics, and society, Crossroads for Liberty: Recovering the Anti-Federalist Values of America's First Constitution takes a surprising and thought-provoking look at the American Revolution, the Articles of Confederation, and the Constitution, and asks what we can learn from them. Crossroads for Liberty arrives at an important time in American political life, and its reexamination of the American Founding presents a significant contribution to the story about America. Readers will come away with a greater understanding of current political and constitutional issues, as well as a new perspective on American history.