A New Birth of Freedom: Human Rights, Named and Unnamed

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Yale University Press, 1997 M01 1 - 200 páginas
"Many . . . unwritten rights are somehow inherent in the American scheme of democracy. So where do these freedoms come from? . . . One of the nation`s most venerated thinkers about such matters offers a provocative and refreshing way to answer that question."—Neil A. Lewis, New York Times Book Review
"An appealing interpretation of the founding papers."—Michael G. Radigan, New York Law Journal
"A remarkably interesting book. It offers a way of looking at the Constitution that I had not thought about before."—Sanford Levinson, School of Law, University of Texas at Austin
One of the most respected scholars of constitutional law here argues for a national commitment to human rights based on his interpretation of three critical documents: the Declaration of Independence, the Ninth Amendment to the Constitution, and the "citizenship" and "privileges and immunities" clauses of the Fourteenth Amendment. The book presents a powerful case for reviewing and renewing the basis of our most important human rights.
 

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Contenido

A GENERAL VIEW
1
HUMAN RIGHTS AND THE STATES
41
THE TRANSITIONAL FUNCTION OF SUBSTANTIVE DUE PROCESS
87
JUDICIAL REVIEW AND MAJORITARIANISM
107
THE CONSTITUTIONAL JUSTICE OF LIVELIHOOD
131
OF TIME AND THE CONSTITUTION
141
AN AFTERWORD
167
NOTES
169
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Acerca del autor (1997)

Charles L. Black, Jr., is Sterling Professor Emeritus at the Yale Law School and adjunct professor of law at Columbia Law School.

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