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Author : Hannis Taylor
Publisher : Unknown
Page : 1038 pages
File Size : 44,5 Mb
Release : 1917
Category : Administrative law
ISBN : STANFORD:36105043924633
Author : E. Thomas Sullivan,Toni M. Massaro
Publisher : Oxford University Press
Page : 240 pages
File Size : 40,8 Mb
Release : 2013-03-27
Category : Law
ISBN : 9780199990818
Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.
Author : Randy James Holland
Publisher : Unknown
Page : 0 pages
File Size : 45,6 Mb
Release : 2014
Category : Constitutional history
ISBN : 0314676716
An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
Author : Louis Michael Seidman
Publisher : Unknown
Page : 350 pages
File Size : 48,8 Mb
Release : 2003
Category : Civil rights
ISBN : STANFORD:36105063287093
This volume provides a brief, but comprehensive, analysis of the doctrine and theory that glosses the Constitutionâe(tm)s guarantee of equal protection. Topics covered include an analysis of rational basis review, an explanation of the difference between heightened scrutiny for fundamental rights and substantive protection of those rights, an analysis of the role of âeoepurposeâe and âeoeeffectâe in equal protection doctrine, and discussions of gender discrimination and affirmative action.
Author : James Roland Pennock,John W. Chapman
Publisher : NYU Press
Page : 399 pages
File Size : 45,9 Mb
Release : 1977-06
Category : Political Science
ISBN : 9780814765692
Human Nature in Politics brings the competences and perspectives of law, philosophy and political science to bear on an imporant subject seldom treated at book length. The subject of human nature in politics is as old as systematic thought about politics. Out of favor for a period in modern times, it is now once more the subject of attention by political theorists who often borrow heavily from the disciplines of biology and psychology. The plurality of their approaches and insights is reflecteed in Part I of the book: Perspectives on Human Nature. Although appeals to human nature have historically been made by both radicals and conservatives, it is the latter who have more typically sought support from this source. However, modern radicals are beginning to re-explore the subject, as is evidenced in the second section on "Human Nature and Radical Political Thought." In the concluding section of the book, four authors analyze the question of "Rationality and Human Nature" and, with a broader interpretation of rationality, find bases in human nature for some confidence that politics need not be an irrational enterprise. The bibliography at the end of the volume is of particular value for all students of political theory. Thirteen outstanding authors contribute to this volume, which must be of interest to legal philosophers and students of jurisprudence in all English-speaking countries.
Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 52,5 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791
Author : Thomas R. Van Dervort,David L. Hudson
Publisher : Aspen Publishing
Page : 912 pages
File Size : 43,5 Mb
Release : 2015-01-30
Category : Law
ISBN : 9781454860273
Designed to teach the basics needed to prepare students for any role in the legal system, Law and the Legal System engages students through the use of examples and practical applications of legal principles. Whether they are interested in pursuing legal careers as lawyers or paralegals, or political science careers, or criminal justice interests, students are provided a basic understanding of the law and how to find it. Mock trial experiences are encouraged, and each chapter involves the student in exercises that review understanding of legal terms and concepts. Six cases in an appendix illustrate basic concepts, and hypothetical cases showcase the inner workings of the judicial system in both criminal and civil cases. Internet sources, key terms, case excerpts, research assignments, review exercises and discussion questions help students reinforce the key concepts in each chapter, and suggested activities engage students in discovery projects. Thoroughly updated, the revised Third Edition expands coverage with new chapters on Legal Research and Writing, Tort Law, Contract Law, Family Law, Employment Law, and Equal Protection Law. Careful updating of information throughout the book includes refreshed Internet references to the text. Hallmark features of An Introduction to Law and Legal Studies in the United States: Solid overview of the system of law and government Readability, accessibility Provides the basics for any role in the legal system lawyer or paralegal career political science or criminal justice work Practical applications to engage students with legal principles mock trial experiences encouraged chapter exercises review legal terms and concepts activities engage students in discovery projects Five part structure, comprehensive coverage Basic Legal Concepts Substantive Civil Law Civil Law Procedure Criminal Law Procedure Administrative Due Process Six cases illustrate major basic concepts Explains difficult legal concepts in a reader-friendly format Hypothetical cases reveal workings of judicial system in both criminal and civil cases Differentiates civil, criminal, and administrative due process Discusses history as well as contemporary state of law and current controversies Pedagogically rich Internet sources key terms case excerpts research assignments review exercises discussion questions Thoroughly updated, the revised Third Edition presents: New chapters Legal Research and Writing Tort Law Contract Law Family Law Employment Law Equal Protection Law Updated Internet references New material, brought completely up-to-date
Author : Rodney Loomer Mott
Publisher : Unknown
Page : 796 pages
File Size : 52,7 Mb
Release : 1926
Category : Constitutional law
ISBN : WISC:89017615022
Author : Howard Jay Graham
Publisher : Wisconsin Historical Society
Page : 646 pages
File Size : 54,8 Mb
Release : 2013-05-31
Category : Law
ISBN : 9780870206351
In 1938, Howard Jay Graham, a deaf law librarian, successfully argued that the authors of the Fourteenth Amendment--ratified after the American Civil War to establish equal protection under the law for all American citizens regardless of race--were motivated by abolitionist fervor, debunking the notion of a corporate conspiracy at the heart of the amendment's wording. For over half a century, the amendment had been used to endow corporations with rights as individuals and thus protect them from state legislation. By 1968, when Everyman's Constitution was first published, the Fourteenth Amendment had become a tool for the incorporation of the Bill of Rights to apply to all American citizens. The essays in this reprinted edition are still relevant as the nation continues to interpret our framing legislation in light of the concerns of today and to balance citizens' rights against those of corporations. Howard Jay Graham was a law librarian brought in by the NAACP's legal team to write a brief on the Fourteenth Amendment for the Supreme Court case Brown v. Board of Education. Though the Supreme Court justices ruled in favor of the NAACP based on the sociological rather than historical evidence it provided, Graham's work, published in various law journals over several decades, contributed greatly to the ongoing interpretation of the Fourteenth Amendment.
Author : James E. Fleming
Publisher : University of Chicago Press
Page : 285 pages
File Size : 46,8 Mb
Release : 2022-08-30
Category : Law
ISBN : 9780226821412
A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.
Author : Susan Rose-Ackerman,Stefanie Egidy,James Fowkes
Publisher : Cambridge University Press
Page : 309 pages
File Size : 55,9 Mb
Release : 2015-01-22
Category : Law
ISBN : 9781107043671
This comparative study of the law of lawmaking demonstrates the interplay between constitutional principles and political imperatives in four modern polities.
Author : Randy E. Barnett,Evan D. Bernick
Publisher : Harvard University Press
Page : 489 pages
File Size : 49,6 Mb
Release : 2021-11-02
Category : Law
ISBN : 9780674270138
A Federalist Notable Book “An important contribution to our understanding of the 14th Amendment.” —Wall Street Journal “By any standard an important contribution...A must-read.” —National Review “The most detailed legal history to date of the constitutional amendment that changed American law more than any before or since...The corpus of legal scholarship is richer for it.” —Washington Examiner Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, the Supreme Court has long misunderstood or ignored the original meaning of its key Section I clauses. Barnett and Bernick contend that the Fourteenth Amendment must be understood as the culmination of decades of debate about the meaning of the antebellum Constitution. In the course of this debate, antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law, as well as what is today called public-meaning originalism. The authors show how these arguments and the principles of the Declaration in particular eventually came to modify the Constitution. They also propose workable doctrines for implementing the amendment’s key provisions covering the privileges and immunities of citizenship, due process, and equal protection under the law.
Author : Ronald Dworkin
Publisher : OUP Oxford
Page : 438 pages
File Size : 53,5 Mb
Release : 1999
Category : Law
ISBN : 9780198265573
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Author : David L. Hudson
Publisher : Enslow Publishing
Page : 132 pages
File Size : 51,6 Mb
Release : 2002
Category : Juvenile Nonfiction
ISBN : 0766019047
Explores the significance of the Fourtheenth Amendment through the country's history and legal cases and discusses why there was a need for this amendment, how it was created, and fully explains the major sections and clauses.
Author : William D. Araiza
Publisher : NYU Press
Page : 319 pages
File Size : 55,8 Mb
Release : 2015
Category : Law
ISBN : 9781479859702
For over a century, Congress’s power to enforce the Fourteenth Amendment’s guarantee of “the equal protection of the laws” has presented judges and scholars with a puzzle. What does it mean for Congress to “enforce” such a wide-ranging, open-ended provision when the Supreme Court has insisted on its own superiority in interpreting the Fourteenth Amendment? In Enforcing the Equal Protection Clause, William D. Araiza offers a unique understanding of Congress’s enforcement power and its relationship to the Court’s claim to supremacy when interpreting the Constitution. Drawing on the history of American thinking about equality in the decades before and after the Civil War, Araiza argues that congressional enforcement and judicial supremacy can co-exist, but only if the Court limits its role to ensuring that enforcement legislation reasonably promotes the core meaning of the Equal Protection Clause. Much of the Court’s equal protection jurisprudence stops short of stating such core meaning, thus leaving Congress free (subject to appropriate judicial checks) to enforce the full scope of the constitutional guarantee. Araiza’s thesis reconciles the Supreme Court’s ultimate role in interpreting the Constitution with Congress’s superior capacity to transform the Fourteenth Amendment’s majestic principles into living reality. The Fourteenth Amendment’s Enforcement Clause raises difficult issues of separation of powers, federalism, and constitutional rights. Araiza illuminates each of these in this scholarly, timely work that is both intellectually rigorous but also accessible to non-specialist readers.