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Education: America

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0005
Subject:
Political Science, Public Policy

This chapter examines the campaigns to add education rights to state constitutions, with particular emphasis on how the common school movement was able to establish the states' constitutional duty to ... More


Environmental Protection: Positive Constitutional Rights in the Late Twentieth Century

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0007
Subject:
Political Science, Public Policy

This chapter examines the campaigns for constitutional rights to environmental protection. In the 1960s and 1970s, when Congress was passing landmark environmental regulations and an entire executive ... More


Workers’ Rights: Constitutional Protections Where (and When) We Would Least Expect Them

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0006
Subject:
Political Science, Public Policy

This chapter examines the campaigns to add labor rights to state constitutions. The quintessential arguments about America's exceptional liberalism and its uniquely negative-rights culture have ... More


The Pre-federal State Constitutions: The Founding Decade

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0002
Subject:
Law, Constitutional and Administrative Law

Most of the American states adopted constitutions in the decade prior to the federal constitutional convention. There were two major “waves” of state constitution-making. The first wave was hasty, ... More


New Frontiers of State Constitutional Law: Dual Enforcement of Norms

James A. Gardner and Jim Rossi (eds)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.001.0001
Subject:
Law, Constitutional and Administrative Law

This book presents a range or perspectives on the role of state constitutions within the context of federalism. Rejecting both the old dual federalism and the newer judicial federalism models, this ... More


Of Ski Trails and State Constitutions

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0002
Subject:
Political Science, Public Policy

This chapter examines why state constitutions have been so widely criticized and consistently excluded from descriptions of America's constitutional tradition. It seems that the people who wrote the ... More


The Law of American State Constitutions

Robert F. Williams

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.001.0001
Subject:
Law, Constitutional and Administrative Law

This book provides complete coverage of American State Constitutional Law. It contrasts the more familiar federal Constitution and explains the importance of the differences. The book then surveys ... More


Why Federalism and Constitutional Positivism Don’t Mix

James A. Gardner

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter places the book's approach in its interpretational context by linking the federal structure of constitutional norm production to the ever-present problem of interpretational methodology. ... More


“This Fundamental Problem”: MacArthur Saves Hirohito

Ray A. Moore and Donald L. Robinson

in Partners for Democracy: Crafting the New Japanese State Under MacArthur

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195151169
eISBN:
9780199833917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019515116X.003.0003
Subject:
Political Science, Democratization

Describes how MacArthur in late 1945 and early 1946 saved Hirohito from trial as a war criminal. Contacted by imperial advisers, MacArthur became convinced that Hirohito would cooperate in ... More


The (Ambivalent) Tradition of Equality in America

Kay Lehman Schlozman, Sidney Verba, and Henry E. Brady

in The Unheavenly Chorus: Unequal Political Voice and the Broken Promise of American Democracy

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691154848
eISBN:
9781400841912
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154848.003.0002
Subject:
Political Science, Democratization

This chapter considers the place of equality, in all its complexity, in the American civic culture. It draws evidence from several sources: the debates occasioned by the drafting and ratification of ... More


Introduction

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0099
Subject:
Law, Constitutional and Administrative Law

This introductory chapter surveys the rise in importance of state constitutional law, the evolving recognition of state constitutions by scholars, lawyers, and judges, and the importance of the book ... More


State Constitutionalism and the Scope of Judicial Review

Daniel B. Rodriguez

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter attacks conventional accounts of subnational constitutional interpretation by examining judicial review at the state level in its actual institutional setting. American state ... More


Dual Constitutions and Constitutional Duels

Jim Rossi

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter demonstrates the conceptual payoff in the context of the interplay between state and national legislative and executive power by focusing on two recurring problems of cooperative ... More


Why Write New Rights?: Understanding Constitutional Development Apart from Entrenchment

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0004
Subject:
Political Science, Public Policy

This chapter considers the variety of political calculations that drove activists, organizations, and social movements to pursue the creation of positive rights. It first explains the classic idea of ... More


Conclusion

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0008
Subject:
Political Science, Public Policy

This concluding chapter clarifies that the book has refuted the claim that positive rights are outside the American constitutional tradition by investigating the various campaigns to add education ... More


Kashmir’s Constitution is Framed: 1954–6

A.G. Noorani

in Article 370: A Constitutional History of Jammu and Kashmir

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198074083
eISBN:
9780199080786
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074083.003.0008
Subject:
Political Science, Indian Politics

This chapter contains documents shedding light on how Kashmir’s Constitution was framed from 1954 to 1956. This includes the reports of the Basic Principles Committee and the Drafting Committee ... More


The State and its Constitution

N. W. Barber

in The Constitutional State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.003.0005
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter provides an outline of the types of rules which are found within state constitutions. It argues that state constitutions contain both legal and non-legal rules, and that constitutions ... More


Looking for Rights in All the Wrong Places

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0001
Subject:
Political Science, Public Policy

This book examines the nature and political origins of America's positive constitutional rights. It is widely assumed that constitutional rights in the United States protect people from government ... More


Interjurisdictional Enforcement of Rights in a Post-Erie World

Robert A. Schapiro

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter turns to the complex interplay of state and national judicial power. The unusual dual structure of the American judiciary creates a system of intersystemic adjudication that provides a ... More


RELIGIOUS EDUCATION IN LIBERAL DEMOCRATIC SOCIETIES: THE QUESTION OF ACCOUNTABILITY AND AUTONOMY

Walter Feinberg

in Citizenship and Education in Liberal-Democratic Societies: Teaching for Cosmopolitan Values and Collective Identities

Published in print:
2003
Published Online:
January 2005
ISBN:
9780199253661
eISBN:
9780191601972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199253668.003.0015
Subject:
Political Science, Political Theory

The essays in Part III of the book, on liberal constraints and traditionalist education, argue for a more regulatory conception of liberal education and emphasize the need for some controls over ... More


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