Toward a Usable Past

Toward a Usable Past PDF

Author: Paul Finkelman

Publisher: University of Georgia Press

Published: 2009-09-01

Total Pages: 464

ISBN-13: 0820334960

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The United States Supreme Court's relegation of many rights to definition under state constitutional law, combined with the tendency of recent administrations to entrust the states with the task of preserving individual rights, is increasingly making state constitutions the arena where the battles to preserve the rights to life, liberty, property, due process, and equal protection of laws must be fought. Ranging in time from the late 1700s to the late 1900s, Toward a Usable Past offers a series of case studies that examine the protection afforded individual rights by state constitutions and state constitutional law. As it explores the history of liberty at the state level, this volume also investigates the promise and risks of turning to state constitutions to guarantee and expand individual rights. In this book, major scholars and legal practitioners discuss state protections of civil liberty, and ponder the contemporary implications of the state record. The cases examined cover topics ranging from religion in schools during the Federalist era to criminal justice in the late nineteenth century, from racial integration in Kansas before Brown v. Board of Education to legal battles over birth control in the Connecticut Supreme Court. The introduction presents the historical and contemporary significance of the topic and traces the evolution of the federal constitutional law establishing the parameters of state regulation of individual rights.

A Usable Past

A Usable Past PDF

Author: William J. Bouwsma

Publisher: Univ of California Press

Published: 1990-06-27

Total Pages: 464

ISBN-13: 9780520910140

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The essays assembled here represent forty years of reflection about the European cultural past by an eminent historian. The volume concentrates on the Renaissance and Reformation, while providing a lens through which to view problems of perennial interest. A Usable Past is a book of unusual scope, touching on such topics as political thought and historiography, metaphysical and practical conceptions of order, the relevance of Renaissance humanism to Protestant thought, the secularization of European culture, the contributions of particular professional groups to European civilization, and the teaching of history. The essays in A Usable Past are unified by a set of common concerns. William Bouwsma has always resisted the pretensions to science that have shaped much recent historical scholarship and made the work of historians increasingly specialized and inaccessible to lay readers. Following Friedrich Nietzsche, he argues that since history is a kind of public utility, historical research should contribute to the self-understanding of society.

Familial Fitness

Familial Fitness PDF

Author: Sandra M. Sufian

Publisher: University of Chicago Press

Published: 2022-01-21

Total Pages: 390

ISBN-13: 022680867X

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The first social history of disability and difference in American adoption, from the Progressive Era to the end of the twentieth century. Disability and child welfare, together and apart, are major concerns in American society. Today, about 125,000 children in foster care are eligible and waiting for adoption, and while many children wait more than two years to be adopted, children with disabilities wait even longer. In Familial Fitness, Sandra M. Sufian uncovers how disability operates as a fundamental category in the making of the American family, tracing major shifts in policy, practice, and attitudes about the adoptability of disabled children over the course of the twentieth century. Chronicling the long, complex history of disability, Familial Fitness explores how notions and practices of adoption have—and haven’t—accommodated disability, and how the language of risk enters into that complicated relationship. We see how the field of adoption moved from widely excluding children with disabilities in the early twentieth century to partially including them at its close. As Sufian traces this historical process, she examines the forces that shaped, and continue to shape, access to the social institution of family and invites readers to rethink the meaning of family itself.

The Usable Past

The Usable Past PDF

Author: Lois Parkinson Zamora

Publisher: Cambridge University Press

Published: 1997-12-13

Total Pages: 277

ISBN-13: 0521582539

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A comparative study of Latin American and North American fiction.

Unintended Consequences of Constitutional Amendment

Unintended Consequences of Constitutional Amendment PDF

Author: David E. Kyvig

Publisher: University of Georgia Press

Published: 2000

Total Pages: 276

ISBN-13: 9780820321882

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Constitutional amendments, like all laws, may lead to unanticipated and even undesired outcomes. In this collection of original essays, a team of distinguished historians, political scientists, and legal scholars led by award-winning constitutional historian David E. Kyvig examines significant instances in which reform produced something other than the foreseen result. An opening essay examines the intentions of the Constitution’s framers in creating an amending mechanism and then explores unexpected uses of that instrument. Thereafter, authors focus on the Bill of Rights and subsequent amendments, addressing such subjects as criminal justice procedures, the presidential election system, the Civil War’s impact on race and gender relations, the experiment in national prohibition, women’s suffrage, and, finally, limits on the presidency. Together these contributions illuminate aspects of constitutional stability and evolution, challenging current thinking about reform within the formal system of change provided by Article V of the Constitution. Forcefully demonstrating that constitutional law is not immune to unanticipated consequences, the eight scholars underscore the need for care, responsibility, and historical awareness in altering the nation’s fundamental law.

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