In a balanced treatment of the Court's power and curbs on its power, O'Brien (government and foreign affairs, U. of Virginia) expands discussion of how changes in the Court's compos

    Can Congress impose limits to free speech on the Internet? May a doctor or a family member assist a terminally-ill patient to commit suicide? Is it constitutional for a government agency to give preferences to minorities in awarding federal contracts?Covers various Americans' right to the free exercise of religion, freedom of speech, and freedom of the press, discrimination and defendant's rights.

    This second edition, newly introduced by Marcuse scholar Douglas Kellner, presents Marcuse's best-selling work to another generation of readers in the context of contemporary events.

    A collection of seven notebooks on capital and money, it both develops the arguments outlined in the Communist Manifesto (1848) and explores the themes and theses that were to dominate his great later work Capital Here, for the first time, Marx set out his own version of Hegel's dialectics and developed his mature views on labour, surplus value and profit, offering many fresh insights into alienation, automation and the dangers of capitalist society. Yet while the theories in Grundrisse make it a vital precursor to Capital, it also provides invaluable descriptions of Marx's wider-ranging philosophy, making it a unique insight into his beliefs and hopes for the foundation of a communist society.This major translation conveys the clarity and intensity of Marx’s original notebooks, while the foreword considers the work in relation to Hegelian philosophy and contemporary socio-political theory.—from the back cover

    Longtime users will recognize these distinctive characteristics of the casebook: - multi-disciplinary approach that utilizes a variety of critical and social perspectives to explore constitutional law - extensive textual summaries of the state of the law and its development - comprehensive book ideal for a two-semester course - clear and concise coverage of First Amendment law The Fifth Edition reflects recent developments and class experience: - issues of constitutional obligation and constitutionalism in times of crisis incorporated into the opening chapter - reorganization of materials on the powers of Congress, with the materials on other powers of congress separated into a new Chapter 3 - completely updated chapter on the Distribution of National Powers, with new material growing out of the war on terrorism and its implications for free speech, immigration, naturalization, privacy, and due process, as well as enemy combatant controversies - notes are shortened, simplified, and thoroughly updated

    While progressive political movements, including the Marxist and feminist movements, have fought for equal pay, better work conditions, and the recognition of unpaid work as a valued form of labor, even they have tended to accept work as a naturalized or inevitable activity. Weeks argues that in taking work as a given, we have “depoliticized” it, or removed it from the realm of political critique. Employment is now largely privatized, and work-based activism in the United States has atrophied. We have accepted waged work as the primary mechanism for income distribution, as an ethical obligation, and as a means of defining ourselves and others as social and political subjects. Taking up Marxist and feminist critiques, Weeks proposes a postwork society that would allow people to be productive and creative rather than relentlessly bound to the employment relation. Work, she contends, is a legitimate, even crucial, subject for political theory.

    She looks at the principles which underlie all revolutions, starting with the first great examples in America and France, and showing how both the theory and practice of revolution have since developed. Finally, she foresees the changing relationship between war and revolution and the crucial changes in international relations, with revolution becoming the key tactic.For more than seventy years, Penguin has been the leading publisher of classic literature in the English-speaking world. With more than 1,700 titles, Penguin Classics represents a global bookshelf of the best works throughout history and across genres and disciplines. Readers trust the series to provide authoritative texts enhanced by introductions and notes by distinguished scholars and contemporary authors, as well as up-to-date translations by award-winning translators.

    His plenary address, 'Specters of Marx', delivered in two parts, forms the basis of this book. Hotly debated when it was first published, a rapidly changing world and world politics have scarcely dented the relevance of this book.

    Today that parchment has been shred to ribbons, explains Fox News senior judicial analyst Judge Andrew P. Napolitano, as the federal government trounces state and individual rights and expands its reach far beyond what the Framers intended.An important follow-up to Judge Napolitano's best-selling Constitutional Chaos, this book shows with no-nonsense clarity how Congress has "purchased" regulations by bribing states and explains how the Supreme Court has devised historically inaccurate, logically inconsistent, and even laughable justifications to approve what Congress has done.It's an exciting excursion into the dark corners of the law, showing how do-gooders, busybodies, and control freaks in government disregard the limitations imposed upon Congress by the Constitution and enact laws, illegal and unnatural, in virtually every area of human endeavor.Praise for The Constitution in Exile from Left, Right, and Center"Does anyone understand the vision of America's founding fathers? The courts and Congress apparently don't have a clue. But Judge Andrew P. Napolitano does, and so will you, if you read The Constitution in Exile."-BILL O'REILLY"Whatever happened to states rights, limited government, and natural law? Judge Napolitano, in his own inimitable style, takes us on a fascinating tour of the destruction of constitutional government. If you want to know how the federal government got so big and fat, read this book. Agree or disagree, this book will make you think."-SEAN HANNITY"In all of the American media, Judge Andrew P. Napolitano is the most persistent, uncompromising guardian of both the letter and the spirit of the Constitution, very much including the Bill of Rights. Increasingly, our Constitution is in clear and present danger. Judge Napolitano--in The Constitution in Exile--has challenged all Americans across party lines to learn the extent of this constitutional crisis." -NAT HENTOFF"Judge Napolitano engages here in what I do every day on my program-make you think. There's no question that potential Supreme Court nominees and what our Constitution says and doesn't say played a major role for many voters in our last couple of elections. What the judge does here is detail why the federal government claims it can regulate as well as tax everything in sight as it grows and grows. Agree or disagree with him-you need to read his latest book, think, and begin to arm yourself as you enter this important debate." -RUSH LIMBAUGH"At a time when we are, in Benjamin Franklin's words, sacrificing essential liberty to purchase a little temporary safety, here comes the judge with what should be mandatory reading for the executive branch cronies who are busy stealing power while they think we're not watching. Thank goodness the judge is watching and speaking truth to power. More than a book, this is an emergency call to philosophical arms, one we must heed before it's too late." -ALAN COLMES

    It is, as Michael Hardt and Antonio Negri demonstrate in this bold work, the new political order of globalization. It is easy to recognize the contemporary economic, cultural, and legal transformations taking place across the globe but difficult to understand them. Hardt and Negri contend that they should be seen in line with our historical understanding of Empire as a universal order that accepts no boundaries or limits. Their book shows how this emerging Empire is fundamentally different from the imperialism of European dominance and capitalist expansion in previous eras. Rather, today's Empire draws on elements of U.S. constitutionalism, with its tradition of hybrid identities and expanding frontiers. Empire identifies a radical shift in concepts that form the philosophical basis of modern politics, concepts such as sovereignty, nation, and people. Hardt and Negri link this philosophical transformation to cultural and economic changes in postmodern society--to new forms of racism, new conceptions of identity and difference, new networks of communication and control, and new paths of migration. They also show how the power of transnational corporations and the increasing predominance of postindustrial forms of labor and production help to define the new imperial global order. More than analysis, Empire is also an unabashedly utopian work of political philosophy, a new Communist Manifesto. Looking beyond the regimes of exploitation and control that characterize today's world order, it seeks an alternative political paradigm--the basis for a truly democratic global society.

    Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions.

    Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory."Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels--from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

    Jameson’s inquiry looks at the postmodern across a wide landscape, from “high” art to “low” from market ideology to architecture, from painting to “punk” film, from video art to literature.

    He analyzed mental institutions in the remarkable Madness and Civilization; hospitals in The Birth of the Clinic; prisons in Discipline and Punish; and schools and families in The History of Sexuality. But the general reader as well as the specialist is apt to miss the consistent purposes that lay behind these difficult individual studies, thus losing sight of the broad social vision and political aims that unified them.Now, in this superb set of essays and interviews, Foucault has provided a much-needed guide to Foucault. These pieces, ranging over the entire spectrum of his concerns, enabled Foucault, in his most intimate and accessible voice, to interpret the conclusions of his research in each area and to demonstrate the contribution of each to the magnificent - and terrifying - portrait of society that he was patiently compiling.For, as Foucault shows, what he was always describing was the nature of power in society; not the conventional treatment of power that concentrates on powerful individuals and repressive institutions, but the much more pervasive and insidious mechanisms by which power "reaches into the very grain of individuals, touches their bodies and inserts itself into their actions and attitudes, their discourses, learning processes and everyday lives."Foucault's investigations of prisons, schools, barracks, hospitals, factories, cities, lodgings, families, and other organized forms of social life are each a segment of one of the most astonishing intellectual enterprises of all time - and, as this book proves, one which possesses profound implications for understanding the social control of our bodies and our minds.

    Now, in this revised edition, Jay M. Feinman offers an updated survey of American law, spiced with new anecdotes and cases, and incorporating fresh material on topics ranging from the President's war powers, to intellectual property, standard form contracts, and eminent domain. Here is an exceptionally clear introduction to law, covering the main subjects found in the first year of law school, giving us a basic understanding of how it all works. Readers are introduced to every aspect of the legal system, from constitutional law and the litigation process to tort law, contract law, property law, and criminal law. Feinman illuminates each discussion with many intriguing, outrageous, and infamous cases, from the scalding coffee case that cost McDonald's half a million dollars, to the sensational murder trial in Victorian London that led to the legal definition of insanity, to the epochal decision in Marbury v. Madison that gave the Supreme Court the power to declare state and federal laws unconstitutional. He broadens the reader's legal vocabulary, clarifying the meaning of everything from due process and equal protection in constitutional law, to the distinction between murder and manslaughter in criminal law. Perhaps most important, we learn that though the law is voluminous and complex, it is accessible to all. Everyone who wants a better grasp of current legal issues--from students contemplating law school, to journalists covering the legislature or the courts, to fans of Court TV--will find here a wonderful source of information: a complete, clear, and colorful map of the American legal system.An entertaining and informative introduction to the law.... For journalists, those interested in the law, and fans of television law dramas, this book should be required reading.--Library Journal