Showing results for "mark p strasser"

The United States is extremely diverse religiously and, not infrequently, individuals sincerely contend that they are unable to act in accord with law as a matter of conscience. The First Amendment to the United States Constitution protects the free exercise of religion and the United States Supreme Court has issued many decisions exploring the depth and breadth of those protections. This book addresses the Court’s free exercise jurisprudence, discussing what counts as religion and the pro...

In the context of education, Church and State issues are of growing importance and appear to be increasingly divisive. This volume critically examines the developing jurisprudence relating to religion in the schools beginning with Everson v. Board of Education, where the US Supreme Court discussed the wall of separation between Church and State. The study traces both how the Court's views have evolved during this period and how, through recharacterizations of past opinions and the facts un...

Les Misérables (pronounced/lɛs ˈmɪz(ə)rəb(ə)lz/ or /leɪ ˌmɪzəˈrɑːb/;French pronunciation: [le mizeʁabl(ə)]) is aFrench historical novel by Victor Hugo, first published in 1862, that is considered one of the greatest novels of the 19th century. In the English-speaking world, the novel is usually referred to by its original French title, however several alternatives have been used, includingThe Miserable, The Wretched, The Miserable Ones, The Poor Ones, The Wretched Poor, The Victims and The...

‘When put to the test, most people have difficulty identifying what justice is, especially when there is tension between proper process and a desired result. Due process is inherent in our conception of justice. But bad process can yield the right result, just as good process can produce the wrong result. The legal system is designed to produce justice. We call it the justice system — sometimes un-selfconsciously, sometimes with bitter irony. It is designed to produce justice according to ...

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

This book explains our right to freedom of expression, its limits, and how Canadian courts draw the line.Freedom of expression is a fundamental right protected by the Charter of Rights and Freedoms, which is part of the Constitution of Canada and, as such, the highest law of the land. But it has limits. Peacefully picketing an abortion clinic, so long as patients can come and go, is a protected right, but shouting "Fire!" in a crowded theatre to cause a stampede is...

In 1692 Puritan Samuel Sewall sent twenty people to their deaths on trumped-up witchcraft charges. The nefarious witch trials in Salem, Massachusetts represent a low point of American history, made famous in works by Longfellow, Nathaniel Hawthorne (himself a descendant of one of the judges), and Arthur Miller. The trials might have doomed Sewall to infamy except for a courageous act of contrition now commemorated in a mural that hangs beneath the golden dome of the Massachusetts State Hou...

The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity. Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics-as has been seen in the refugee crisis, the Brexit referendum, and the 2016 U.S. election. The Cultural Defense of ...

This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and polic...

The culture wars have distorted the dramatic story of how Americans came to worship freely. Many activists on the right maintain that the United States was founded as a “Christian nation.” Many on the left contend that the Founders were secular or Deist and that the First Amendment was designed to boldly separate church and state throughout the land. None of these claims are true, argues Beliefnet.com editor in chief Steven Waldman. With refreshing objectivity, Waldman narrates the real st...

Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it – both in modern secular states and in countries with an established religion or theocratic mode of government.This book provides an analysis of the general concept of religious liberty along wi...

"A definitive study of an extremely important, though curiously neglected, Supreme Court decision, Pierce v. Society of Sisters."---Robert O'Neil, Professor of Law Emeritus, University of Virginia School of Law"A careful and captivating examination of a dramatic and instructive clash between nationalism and religious pluralism, and of the ancient but ongoing struggle for control over the education of children and the formation of citizens."---Richard W. Garne...