Foreshadows of the Law: Supreme Court Dissents and Constitutional Development

( The Supreme Court has final authority in determining wh...)

The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the Constitution. Each opinion arises from a rich historical context and involves constitutional issues of pointed significance. Vivid descriptions of some of the colorful personalities behind the opinions add appeal. Lively conveys the evolutionary and dynamic nature of the law demonstrating the relationship between present and past understanding of the Constitution. He describes the competitive nature of constitutional development and identifies the relevance of factors including subjective preference, values, vying theories, and ideologies. The role of the Court, is addressed as are the federal government's relationship to the states and their citizens; slavery; property rights; substantive due process; freedom of speech; and the right to be left alone. This is a clearly presented and highly instructive consideration of how the Constitution's interpretation has been fashioned over time with important insights relevant to today's Court and contemporary cases.

http://www.amazon.com/gp/product/0275943836/?tag=2022091-20

Essential Principles of Communications Law (Contributions in Political Science)

( Rapid changes in communications technology continue to ...)

Rapid changes in communications technology continue to characterize the industry and to necessitate repeated redefinition of the legal structures and issues which must respond to these changes. Donald E. Lively's in-depth study of communications law clarifies its basic concepts and principles. He provides a thorough survey of the press as it was originally perceived by the Constitution and how its profile has changed due to the sophisticated nature of today's media. The book shows how broadcasting, cable, and common carriage disperse a wide range of information--requiring continual monitoring to preserve the balance between responsibility and freedom of the press. This complex issue is first studied from a broad conceptual perspective that reviews the original constitutional and non-constitutional concerns of the first amendment, followed by an analysis of how the structures of the newspaper, broadcasting, cable and common carrier industries have been regulated, and concludes with a history and evaluation of the guidelines which restrict the quantity and quality of content. The identification of trends in the ownership of twentieth century information sources and the effect of the current decentralization of ownership on the public's access to information are fully examined, and the law's continually evolving attention to the changing dynamics within the industry evaluated for the present and projected for the future.

http://www.amazon.com/gp/product/027593912X/?tag=2022091-20

The Constitution, Race, and Renewed Relevance of Original Intent: Reclaiming the Lost Opportunity of Federalism

(Donald Lively brings a perspective upon constitutional fu...)

Donald Lively brings a perspective upon constitutional fundamentals and racial reality that is both historical and forward-looking. It reflects a convergence of understandings and insights from a range of experience as a legal academic, historian, business developer, and community service organizer. He is the author of 12 books and over 50 articles, many of which relate to the interaction between the Constitution and political and social factors and circumstances. He has lectured both domestically and internationally. Three of his books have won national book awards. Lively writes in a style that captures complex and sophisticated subject matter and reduces it to accessible and understandable terms. It is extensively annotated to authoritative sources, transcends any ideological agenda, and introduces principles that make original constitutional premises relevant to evolving conditions. Among other things, he demonstrates how the nation's founding premises that were compromised by racism and its incidents have become relevant to reckoning with their legacy. This publication is particularly relevant at a time when racial dynamics are in flux and the law, particularly interpretation of the law, has become largely static. Accounting for the nation's legacy of discrimination has been sporadic and uneven. Reparations have been provided for the forced relocation of Japanese-Americans during World War II, but denied for African-Americans whose experience for most of the nation's history was defined by slavery and pervasive discrimination. Although the Supreme Court has acknowledged this legacy of societal discrimination, it has precluded generalized remediation pursuant to concern with negative collateral consequences. This book provides significant insights that increasingly will reflect understanding of racial reality in the twenty-first century. It demonstrates first a legacy of constitutional outcomes that, at their best, have been promising and profound in their symbolism but ultimately underachieving. The book also evidences that, for the first time in the nation's history, market forces are aligning in favor of diversity and multicultural competence. Along with changing demographics and globalization, these factors provide a powerful new force for reckoning with the nation's legacy of racial discrimination. Modern constitutional doctrine, which largely precludes raceconscious reckoning with this reality, constrain the market (both the public and private sector) from generating innovative and effective solutions. Lively maintains that by allowing more flexibility and being more deferential to innovation and experimentation, the Court can facilitate reckoning with historical reality and square the law in a way that is consistent with and even restores founding principles and also reflects how the future is evolving. Based upon its fidelity to original intent and responsiveness to changing societal conditions, this model offers a rare convergence of appeal to those who respectively advocate a more restrained and more active judiciary. This book is relevant to a variety of audiences including academics, students, and persons in both the public and private sector who seek a comprehensive yet accessible narrative and analysis upon the historical interaction between law and race and its likely evolution.

http://www.amazon.com/gp/product/1604975628/?tag=2022091-20

The Constitution and Race

( Race, as this book demonstrates, has been a factor in t...)

Race, as this book demonstrates, has been a factor in the Constitution's framing, ratification, and development. Examined specifically and in detail are: * the accommodation of slavery to create a viable republic; * the Union's experience with and eventual undoing by slavery; * reconstruction of the nation pursuant to seminal principles of racial equality; * persisting efforts to limit or defeat constitutional provisions for equality and opportunity; * the desegregation mandate and its devolution; and * modern problems in accounting for a legacy of racial discrimination and disadvantage. The Constitution is the overarching statement of popular will and consent and thus an especially apt prism through which to discern racial truths and the context and values that influence them. Constitutional law affords a particularly useful departure point for acquiring perspective upon moral reality and legal possibility. This book is rich in its analysis of the Supreme Court's response to society's ambiguities, concerns, and conscience in the matters of race. In examining problems and issues which historically have engendered dispute and division, it suggests a potentially consensual basis of ascertaining the Constitution's still unfinished business. The nation's enduring ambivalence and the price it pays in less than consistent constitutional interpretations on racial questions is both enlightening and disturbing. The questions, of course, are at the heart of a democracy and involve personhood, citizenship, liberty, and equality. The Constitution and Race will be valuable to political scientists, historians, sociologists, lawyers, and students.

http://www.amazon.com/gp/product/0275942287/?tag=2022091-20

Essential Principles of Communications Law (Contributions in Political Science) by Donald E Lively (1991-09-30)

(Will be dispatched from UK. Used books may not include co...)

Will be dispatched from UK. Used books may not include companion materials, may have some shelf wear, may contain highlighting/notes, may not include CDs or access codes. 100% money back guarantee.

http://www.amazon.com/gp/product/B01F9H36UO/?tag=2022091-20

The Constitution and Race by Donald E. Lively (1992-02-28)

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