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Author : Patrick John McGinley
Publisher : Unknown
Page : 672 pages
File Size : 55,9 Mb
Release : 2020-07-24
Category : Electronic
ISBN : 1531017150
Author : Talbot D'Alemberte
Publisher : Oxford University Press
Page : 431 pages
File Size : 44,6 Mb
Release : 2017
Category : Law
ISBN : 9780190464066
Section 17. Impeachment
Author : Patrick John McGinley
Publisher : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 2017-12-19
Category : Electronic
ISBN : 1389110303
This law school casebook analyzes the Constitution of the State of Florida. It begins with the idea of a state being a "laboratory of democracy" where rights may be expanded or invented within the minimum requirements of the federal constitution. It explores the question of how a state constitution can produce its own jurisprudence in light of the supremacy of the United States Constitution. It outlines the canons of construction for the Florida Constitution. It introduces the concept that a state constitution can be a source of heightened civil liberties and fundamental rights. It explores this issue in greater detail by using the Florida Constitution as an example. It identifies Florida Constitutional rights without an exact parallel to those in the text of the US Constitution and asks whether Florida has taken its own path in interpreting or implementing the identified constitutional rights. It introduces rights enumerated in the text of the Florida Constitution that are not embodied in the text of the US Constitution. In so doing, it compares Florida's approach to those of other state constitutions. It addresses the familiar refrain that unlike the federal constitution a state's constitution is a restriction upon power not a grant of power. It looks at state constitutional criminal procedure by examining the ancient origin of the jury and the recent origin of Florida criminal procedure. Finally, it examines the US Supreme Court's acceptance of a state's inherent police power, and state-by-state differences in zoning and nuisance law, so as to better understand how eminent domain and inverse condemnation may differ under state constitutions such as Florida's. Paperback, approx. 354 pages.
Author : Adkins, Mary E
Publisher : University Press of Florida
Page : 273 pages
File Size : 54,9 Mb
Release : 2016-07-12
Category : History
ISBN : 9780813052519
Mid-twentieth-century Florida was a state in flux. Changes exemplified by rapidly burgeoning cities and suburbs, the growth of the Kennedy Space Center during the space race, and the impending construction of Walt Disney World overwhelmed the outdated 1885 constitution. A small group of rural legislators known as the "Pork Chop Gang" controlled the state and thwarted several attempts to modernize the constitution. Through court-imposed redistribution of legislators and the hard work of state leaders, however, the executive branch was reorganized and the constitution was modernized. In Making Modern Florida, Mary Adkins goes behind the scenes to examine the history and impact of the 1966-68 revision of the Florida state constitution. With storytelling flair, Adkins uses interviews and detailed analysis of speeches and transcripts to vividly capture the moves, gambits, and backroom moments necessary to create and introduce a new state constitution. This carefully researched account brings to light the constitutional debates and political processes in the growth to maturity of what is now the nation’s third largest state.
Author : Talbot D'Alemberte
Publisher : Greenwood
Page : 232 pages
File Size : 43,7 Mb
Release : 1991
Category : Constitution
ISBN : STANFORD:36105043595821
This work is a continuation of the Greenwood Press series of Reference Guides to the State Constitutions of the United States. The book provides a concise analysis of Florida's constitution and a detailed overview of the provisions and court decisions that concern the document. Written in a style inspired by Edward S. Corwin's The Constitution and What It Means Today, this is the first available single-volume work on the Florida constitution and is intended for use by students, lawyers, scholars, and citizens who seek a context for further research and an understanding of the basic powers of the state government and the rights of the people. Talbot D'Alemberte begins his work with an introduction that traces the long constitutional history of Florida, from its beginnings as a territory through the revision of the constitution of 1968 and subsequent amendments. Each of the constitution's twelve articles is then closely examined, with every subordinate section coming under specific discussion. The general article topics cover declaration of rights, general provisions, legislature, executive branch, judiciary, suffrage and elections, finance and taxation, local government, education, miscellaneous provisions, amendments, and schedule. The work concludes with a selected bibliography to help guide readers to more extensive treatments of special subjects, as well as a table of cases. This resource guide will be a useful tool for courses in constitutional law, state government, and the Florida bar exam, and a valuable addition to public, academic, and law libraries.
Author : Manning Julian Dauer
Publisher : Unknown
Page : 28 pages
File Size : 50,9 Mb
Release : 1958
Category : Constitutional amendments
ISBN : HARVARD:32044031964620
Author : Talbot D'Alemberte
Publisher : Oxford University Press
Page : 260 pages
File Size : 52,8 Mb
Release : 2016-11-08
Category : Law
ISBN : 9780190464073
With an introduction that traces the long constitutional history of Florida, Talbot D'Alemberte provides a thorough understanding of Florida's state constitutional history. He includes an in-depth, article-by-article analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography, provides an unsurpassed reference guide for students, scholars, and practitioners of Florida's constitution. This second edition provides analysis of Florida's State Constitution with updated commentary focusing on the many court decisions rendered since the 1990s, summarizing the state's current jurisprudence and the increasing use of Florida's many methods of Constitution Amendment, including initiative, Legislative, Constitution Revision Commission and Tax and Budget Reform Commission adopted proposals. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Author : Jon L. Mills
Publisher : Oxford University Press
Page : 406 pages
File Size : 49,8 Mb
Release : 2008
Category : Law
ISBN : 9780195367355
"Privacy: The Lost Right is an authoritative overview of privacy in today's intrusive world. By analyzing the history and context of modern common law, tort, statutory and constitutional protections for the individual, Jon L. Mills exposes the complex web of laws and policies that fail to provide privacy protection. Identifying specific violations against privacy rights, such as identity theft, tabloid journalism, closed-circuit television, blogs, and Right to Die, he also provides a comprehensive assessment of privacy and legal remedies in the United States. Mills uses his experience as a former policy maker formulating Florida's constitutional privacy provisions and as an attorney in celebrity privacy cases to provide the leader with an understanding of the increasing intrusions in privacy rights, the possible harm, and available protections."--BOOK JACKET.
Author : Patrick John McGinley
Publisher : Law Office of Patrick John McGinley, P.A.
Page : 544 pages
File Size : 42,7 Mb
Release : 2017-12-21
Category : Law
ISBN : 8210379456XXX
This law school casebook analyzes the Constitution of the State of Florida. It begins with the idea of a state being a "laboratory of democracy" where rights may be expanded or invented within the minimum requirements of the federal constitution. It explores the question of how a state constitution can produce its own jurisprudence in light of the supremacy of the United States Constitution. It outlines the canons of construction for the Florida Constitution. It introduces the concept that a state constitution can be a source of heightened civil liberties and fundamental rights. It explores this issue in greater detail by using the Florida Constitution as an example. It identifies Florida Constitutional rights without an exact parallel to those in the text of the US Constitution and asks whether Florida has taken its own path in interpreting or implementing the identified constitutional rights. It introduces rights enumerated in the text of the Florida Constitution that are not embodied in the text of the US Constitution. In so doing, it compares Florida's approach to those of other state constitutions. It addresses the familiar refrain that unlike the federal constitution a state's constitution is a restriction upon power not a grant of power. It looks at state constitutional criminal procedure by examining the ancient origin of the jury and the recent origin of Florida criminal procedure. Finally, it examines the US Supreme Court's acceptance of a state's inherent police power, and state-by-state differences in zoning and nuisance law, so as to better understand how eminent domain and inverse condemnation may differ under state constitutions such as Florida's.
Author : Florida State University. College of Law
Publisher : Unknown
Page : 598 pages
File Size : 43,5 Mb
Release : 2012
Category : Electronic journals
ISBN : UCAL:$B822393
Author : Paul Benjamin Linton
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 2012
Category : Abortion
ISBN : 161163069X
Abortion under State Constitutions, which has been favorably reviewed by law professors, research librarians and reference librarians, remains the only comprehensive treatment of arguments for and against the recognition of abortion as a state constitutional right. Since the first edition was published in 2008, abortion advocates have filed state constitutional challenges to abortion regulations in Illinois, Kansas, North Dakota and Oklahoma. And in Alaska, a case challenging a citizen-initiated parental notice law tests the limits of the broad abortion right previously recognized in that State. At the same time, the Tennessee General Assembly has proposed an amendment to the state constitution which, if approved by the voters in 2014, would overturn an earlier decision recognizing a state right to abortion. These developments, along with a number of other factors, warrant a second edition. In this edition, new materials-court decisions and/or legal commentary-have been incorporated into the discussion of state equal rights amendments, unenumerated rights (or retained rights) provisions and state privacy theory, as well as one of the introductory chapters. Individual state chapters have been edited to include, among other changes, a fuller description of a State's pre-Roe abortion statutes, a State's religion clauses, a State's statement of interests in protecting unborn human life and, in one instance, the sources of a right to abortion recognized by a state supreme court. Where appropriate, the analysis of a given state constitutional provision has been rewritten for greater clarity. Citations have been updated throughout the text and notes and, where necessary, corrected, and topical headings have been changed in some instances to describe more accurately the state constitutional provisions discussed. This edition also includes two new features-an appendix containing the text of every state constitutional provision cited or quoted in the book, as well as a topical index to facilitate cross-references to the same (or similar) provisions in different state constitutions. These features make the second edition even more helpful as a reference work for judges, lawyers, legislators and others interested in the issue of abortion as a state constitutional right.
Author : James T. O'Reilly
Publisher : American Bar Association
Page : 252 pages
File Size : 41,6 Mb
Release : 2006
Category : Law
ISBN : 1590317440
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author : G. Alan Tarr
Publisher : Princeton University Press
Page : 261 pages
File Size : 47,5 Mb
Release : 2018-06-05
Category : Law
ISBN : 9780691188553
For many Americans, the word "constitution" means just one thing: the national Constitution. According to a recent survey, almost half do not know that individual states also have constitutions. Scholars have also paid little attention to state constitutions, favoring the apparently more dynamic and significant federal scene. G. Alan Tarr seeks to change that in this landmark book. A leading authority on state legal issues, he combines history, law, and political science to present a thorough and long-needed account of the distinct and important role of state constitutions in American life. Tarr shows that state constitutional politics are dominated by three crucial issues with little salience at the national level: the distribution of power among groups and regions within states, the scope of state and local governmental authority, and the relation of the state to economic activity. He explains how state constitutions differ from the national Constitution in treating not only matters of high principle but also such mundane subjects as ski trails and motor vehicle revenues. He also explores why state constitutions, unlike their federal counterpart, have been so frequently amended and replaced. Tarr concludes that the United States not only has a system of dual constitutionalism but also has dual constitutional cultures. Powerfully argued and meticulously researched, the book fills an important gap in political and legal studies and finally gives state constitutions the scholarly attention they richly deserve.
Author : James A. Gardner,Jim Rossi
Publisher : Oxford University Press
Page : 190 pages
File Size : 52,9 Mb
Release : 2011-10-24
Category : Law
ISBN : 9780195368321
Chapters featured in this title include: 'Dual Enforcement of Constitutional Norms', 'Cool Federalism and the Life Cycle of Moral Progress', 'Why Federalism and Constitutional Positivism Don't Mix', and 'Interjurisdictional Enforcement of Rights in a Post-erie World', amongst others.
Author : Robert F. Williams,Lawrence Friedman
Publisher : Oxford University Press
Page : 513 pages
File Size : 44,5 Mb
Release : 2023-05-05
Category : Electronic
ISBN : 9780190068806
The second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decision making. This edition of The Law of American State Constitutions remains an important analytical tool that explains the unique character and the range of interpretive approaches to these constitutions. It covers the structure of state governments under state constitutions as well as the distribution of powers among the legislative, executive, and judicial branches. Like the first edition, this edition presents a complete picture of state constitutional law and the attributes and features that make this body of law so distinctive.