By Sanford Levinson
This ebook examines the "constitutional faith" that has, given that 1788, been a crucial section of American "civil religion." through taking heavily the parallel among wholehearted recognition of the structure and spiritual religion, Sanford Levinson opens up a bunch of exciting questions on what it skill to be American. whereas a few view the structure because the important section of an American faith that serves to unite the social order, Levinson keeps that its sacred position can lead to clash, fragmentation, or even battle. To Levinson, the Constitution's price lies within the realm of the discourse it sustains: a uniquely American kind of political rhetoric that permits voters to grapple with each very important public factor imaginable.
In a brand new afterword, Levinson seems on the deepening of constitutional worship and attributes the present common frustrations with the govt to the static nature of the structure.
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The seller’s liability is absolute and the buyer’s fault, if any, is irrelevant, unless his own conduct and not the misrepresentation is the cause of his injury. If, however, he stumbles on any of the contractual defenses outlined above, he may elect to sue for breach of duty imposed by law, the duty not to deceive. The law of torts has long offered a remedy for misrepresentation on which the plaintiff has relied to his economic detriment. To avoid a too-easy upsetting of transactions, however, this remedy is difficult to obtain and requires proof of the defendant’s fault.
The only possible explanation for such an action would be harassment of a cut-rate competitor. In similar fashion Bose Corp. v. ” A potential purchaser of a stereo system will surely rely on his own ears, not on advertising copy, in such judgments. Any such statements, which can only be classified as seller’s puff, can hardly produce harm to anyone, and litigation about them must be viewed as harassment of a newcomer. What can we conclude from these cases? First, there have been extremely few of them—sixteen cases over a ten-year period.
It would be difficult to deny that newspaper articles and the speeches of politicians contain a large number of false and misleading statements—indeed, sometimes they seem to consist of little else. Government action to control false and misleading advertising is considered highly desirable. Yet a proposal to set up a Federal Press Commission or a Federal Political Commission modeled on the Federal Trade Commission would be dismissed out of hand. The strong support enjoyed by the First Amendment should not hide from us that there is, in fact, a good deal of government intervention in the market for ideas.