ISBN: 0314037187. ** Modern Constitutional Theory: A Reader ** 3rd Edition. By John H. Garvey and T. Alexander Aleinikoff.

Modern Constitutional Theory: A Reader (American Casebook)

Garvey, John H.

Aleinikoff, Thomas Alexander

Rules & Procedures

West Group

Each chapter opens with a concise scene-setting commentary, then turns the "debate" over to selections from the large amount of literature that has treated free speech/press/religion since the 17th century. The authors describe their general editorial approach to selecting the pieces as tending toward consensus classics in the field and other articles especially good at clarifying arguments for the classroom.

The First Amendment: A Reader, 2d (Coursebook)

SCHAUER, FREDERICK

Constitutional Law

West Academic Publishing

This book can be used as a supplement to introductory courses in Constitutional Law, or as a text for a course in Constitutional Theory. Chapter 1 begins with a look at some of the currently influential theories of the constitution. Is there an ideology that governs this area of the law? Is it a good one? Chapter 2 looks to the document itself, and examines various proposals for interpreting it. Chapter 3 takes up the closely allied problem of judicial review. How we should interpret the constitution is a different question than who should interpret it. In the United States we usually assign that job to the courts. Are we right to do so? Thereafter, the book is organized to correspond with the major topics covered in casebooks on Constitutional Law. The authors have, however, omitted treatment of the First Amendment. It is not addressed in most first-year classes, and is often the subject of a separate upper-level course. For that reason, and because an adequate treatment would require a vast amount of material, it is covered in a separate volume. Although the chapters are organized according to doctrinal categories, the reading they contain are not an elaboration (or condensation) of doctrine such as one would find in a hornbook. They seek to go deeper than a restatement of the law, to ask what and whose purposes are served by existing rules, and to inquire whether some other organization is preferable. Not all the readings address these questions from the same point of view. The selections take opposing positions on each subject, in order to make students aware of the existing conflict and to facilitate class discussion of the materials.

Modern Constitutional Theory : A Reader (American Casebook) (4th ed.)

Aleinikoff, T. Alexander

Book is used and has been withdrawn from service from a Library. Book has a Library Binding and the usual Library Stamps, Stickers, Card Holder, Library Markings. May or May Not have a Dust Jacket.

Modern Constitutional Theory: A Reader (American Casebook Series)

We generally suppose that it is our right to freedom which allows us to make the choices that shape our lives. The right to have an abortion is called "freedom of choice" because, it is said, a woman should be free to choose between giving birth and not doing so. Freedom of speech protects us whether we want to salute the flag or burn it. There is a correlative principle: one choice is as good as another. Freedom is not a right that makes moral judgments. It lets us do what we want.John Garvey disputes both propositions. We should understand freedom, he maintains, as a right to act, not a right to choose; and furthermore, we should view freedom as a right to engage in actions that are good and valuable. This may seem obvious, but it inverts a central principle of liberalism--the idea that the right is prior to the good. Thus friendship is a good thing; and one reason the Constitution protects freedom of association is that it gives us the space to form friendships.This book casts doubt on the idea that freedoms are bilateral rights that allow us to make contradictory choices: to speak or remain silent, to believe in God or to disbelieve, to abort or to give birth to a child. Garvey argues that the goodness of childbearing does not entail the goodness of abortion; and if freedom follows from the good, then freedom to do the first does not entail the freedom to do the second. Each action must have its own justification. Garvey holds that if the law is to protect freedoms, it is permissible--indeed it is necessary--to make judgments about the goodness and badness of actions.The author's keen insights into important rights issues, communicated with verve and a variety of both real and hypothetical cases, will be of interest to all who care about the meaning of freedoms.

What Are Freedoms For?

Ethics & Professional Responsibility

Harvard University Press

We generally suppose that it is our right to freedom which allows us to make the choices that shape our lives. The right to have an abortion is called "freedom of choice" because, it is said, a woman should be free to choose between giving birth and not doing so. Freedom of speech protects us whether we want to salute the flag or burn it. There is a correlative principle: one choice is as good as another. Freedom is not a right that makes moral judgments. It lets us do what we want. 
 John Garvey disputes both propositions. We should understand freedom, he maintains, as a right to act, not a right to choose; and furthermore, we should view freedom as a right to engage in actions that are good and valuable. This may seem obvious, but it inverts a central principle of liberalism--the idea that the right is prior to the good. Thus friendship is a good thing; and one reason the Constitution protects freedom of association is that it gives us the space to form friendships. 
 This book casts doubt on the idea that freedoms are bilateral rights that allow us to make contradictory choices: to speak or remain silent, to believe in God or to disbelieve, to abort or to give birth to a child. Garvey argues that the goodness of childbearing does not entail the goodness of abortion; and if freedom follows from the good, then freedom to do the first does not entail the freedom to do the second. Each action must have its own justification. Garvey holds that if the law is to protect freedoms, it is permissible--indeed it is necessary--to make judgments about the goodness and badness of actions. 
 The author's keen insights into important rights issues, communicated with verve and a variety of both real and hypothetical cases, will be of interest to all who care about the meaning of freedoms.

Religion and the Constitution, Third Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law. The Third Edition has been completely updated with discussions of recent important cases and includes expanded discussion of key topic areas. Professors McConnell, Garvey, and Berg bring years of experience and insight to teaching students about Religion and the Constitution: <ul>
<li> Broad recurring themes place current debate in context: <ul>
<li> Free exercise of religion in the face of government regulation </li> <li> Government financial assistance to religious institutions </li> <li> The role of religion in government institutions, such as schools </li> </ul>
</li> <li> Notes and questions connect constitutional and religious history with current constitutional issues. </li> <li> The combination of notes and problems allows both depth of understanding and application of knowledge to new issues. </li> <li> The interrelation between free exercise and establishment clauses is examined and thoroughly explained. </li> <li> Historical background materials judiciously integrated with current constitutional issues provide students with the context that facilitates deeper understanding. </li> <li> Lightly edited cases promote in-depth case analysis. </li> </ul>
 New to the Third Edition: <ul>
<li> Up-to-date coverage of new decisions. </li> <li> Expanded discussion of standing in both funding and symbols cases (including Hein and Buono). </li> <li> Expanded discussion of freedom of religious association (including CLS v. Martinez). </li> <li> Additional references to international and comparative materials. </li> </ul>

Religion and the Constitution 2011 (Aspen Casebook)

McConnell, Michael W.

Berg, Thomas C.

Wolters Kluwer/Law & Business

Refresh your course in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law with this timely revision. RELIGION AND THE CONSTITUTION, Second Edition, pays careful attention to significant recent developments as it examines the relationship between government and religion within the framework of the Constitution.
 This class-tested casebook: 
<li>features exceptional authors who are well-known for their scholarship </li>
<li>places current debates in the context of broad recurring themes: free exercise of religion in the face of government regulation, government financial assistance to religious institutions, and the role of religion in government institutions, such as schools </li>
<li>uses notes and questions to connect constitutional and religious history to current constitutional issues </li>
<li>combines notes and problems to stimulate deeper understanding and the application of knowledge to new issues </li>
<li>focuses on the interrelation between free exercise and establishment clauses </li>
<li>promotes in-depth case analysis by the use of lightly edited classic and current cases The Second Edition incorporates the many changes in the field: 
</li>
<li>a substantially revised section on ¿The Power of the Purse¿ considers the latest developments regarding school vouchers (Zelman), state ¿Blaine Amendments¿ (Locke v. Davey), funding of social services (e.g. the Bush Administration¿s ¿faith-based initiative¿), and ¿strings¿ attached to government aid </li>
<li>the section on tort claims against religious institutions reflects recent issues arising out of sexual-abuse cases </li>
<li>new Supreme Court and key lower-court decisions in all areas appear throughout the book</li>

Religion And the Constitution

Legal Education

Aspen Law & Business

Religion and the Constitution, Fourth Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law.

An ancient question asks what role moral formation ought to play in education. It leads to such questions as, do intellectual and moral formation belong together? Is it possible to form the mind and neglect the heart? Is it wise? These perennial questions take on new significance today, when education ― especially, higher education ― has become a defining feature in the lives of young people.\nThroughout his more than 40 years in academia, John Garvey has reflected on the relationship between intellectual and moral formation, especially in Catholic higher education. For 12 years as the President of The Catholic University of America, he made the cultivation of moral virtue a central theme on campus, highlighting its significance across all aspects of University culture, from University policy to campus architecture.\nDuring his two decades of presiding at commencement exercises, first as Dean of Boston College Law School and then as President of The Catholic University of America, Garvey made a single virtue the centerpiece of his remarks each year. The Virtues is the fruit of those addresses. More reflective than analytical, its purpose is to invite conversation about what it means to live well.\nFollowing Catholic tradition, The Virtues places the theological virtues of faith, hope, and love at the center of the moral life, and the cardinal virtues ― justice, temperance, fortitude, and prudence ― with them. Alongside these major virtues, Garvey considers a collection of "little virtues," habits that assist and accompany us in small but important ways on the path to goodness.\nThough he treats each virtue individually, a common thread unites his reflections. "The intellectual life depends on the moral life," Garvey writes. "Without virtue we cannot sustain the practices necessary for advanced learning. In fact, without virtue, it's hard to see what the purpose of the university is. Learning begins with love (for the truth). If we don't have that, it's hard to know why we would bother with education at all." The Virtues invites its readers, especially students, to appreciate that the cultivation of virtue is indispensable to success, academic or otherwise, and more importantly, essential to their ultimate aim, a life well lived.

The Virtues

Religion & Spirituality

Garvey, John

Christian Books & Bibles

The Catholic University of America Press

See the best price to sell, buy, or rent books by Garvey, John H.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Garvey, John H.

See the best price to sell, buy, or rent books by Garvey, John H.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Modern Constitutional Theory: A Reader (American Casebook)

The First Amendment: A Reader, 2d (Coursebook)

Modern Constitutional Theory : A Reader (American Casebook) (4th ed.)

Modern Constitutional Theory: A Reader (American Casebook Series)

What Are Freedoms For?

What Are Freedoms For?

Religion and the Constitution 2011 (Aspen Casebook)

Religion And the Constitution

Religion And the Constitution

The Virtues