Regan V Wald 1984 1984

Available as a single volume or as part of the 10 volume set Supreme Court in American Society

An examination of how some legal issues are losing cases - but that's okay because advances are still possible.

This book colourfully examines a famous Jeffersonian document which set the precedent for the US Constitution's guarantee of religious liberty. Jefferson wrote the Virginia Statute, shepherded it through a decade-long struggle to adoption, and included it in his epitaph (along with the Declaration of Independence and the founding of the University of Virginia). The Statute's history reflects two key revolutionary principles: absolute freedom of religious conscience; and the separation of church and state. Both principles remain lively topics of debate on the contemporary religious and political scene. Papers collected here were presented at a conference sponsored by the National Endowment for the Humanities and the Virginia Foundation for the Humanities and Public Policy. Among the contributors are several of America's most prominent religious and political historians and experts on jurisprudence.

What role can US domestic courts play in the worldwide enforcement of human rights? When international courts deny hearings to individual plaintiffs who cannot obtain the sponsorship of their own government (which may well be the defendant), these plaintiffs are finding US courts increasingly willing to hear their cases. This volume considers the implications of this de facto extension of the jurisdiction of US courts, the problem of enforcing the decisions of the courts, the relationship between human rights law and foreign policy and the emerging consensus on the primacy of human rights over the sovereign rights of states.