CONSTITUTIONAL LAW

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Great Cases In Constitutional Law

Author : Robert P. George
ISBN : 0691049521
Genre : Law
File Size : 70.33 MB
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Slavery, segregation, abortion, workers' rights, the power of the courts. These issues have been at the heart of the greatest constitutional controversies in American history. And in this concise and thought-provoking volume, some of today's most distinguished legal scholars and commentators explain for a general audience how five landmark Supreme Court cases centered on those controversies shaped the country's destiny and continue to affect us even now. The book is a profound exploration of the Supreme Court's importance to America's social and political life. It is also, as many of the contributors show, an intriguing reflection of what some have seen as an important trend in legal scholarship away from an uncritical belief in the essentially benign nature of judicial power. Robert George opens with an illuminating survey of the themes that unite and divide the five cases. Other contributors then examine each case in detail through a lively commentary-and-response format. Mark Tushnet and Jeremy Waldron exchange views on Marbury v. Madison, the pivotal 1803 case that established the power of the courts to invalidate legislation. Cass Sunstein and James McPherson discuss Dred Scott v. Sandford (1857), the notorious case that confirmed the rights of slaveowners, declared that black people could not be American citizens, and is often seen as a cause of the Civil War. Hadley Arkes and Donald Drakeman explore the legacy of Lochner v. New York (1905), a case that ushered in decades of judicial hostility to social welfare laws. Earl Maltz and Walter Murphy assess Brown v. Topeka Board of Education (1954), the famous case that ended racial segregation in public schools. Finally, Jean Bethke Elshtain and George Will tackle Roe v. Wade (1973), still a flashpoint a quarter of a century later in the debate over abortion. While some of the contributors show sympathy for strong judicial interventions on social issues, many across the ideological spectrum are sharply critical of judicial activism. A compelling introduction to the greatest cases in U.S. constitutional law, this is also an enlightening glimpse of the state of the art in American legal scholarship.
Category: Law

Reflections On Constitutional Law

Author : George Anastaplo
ISBN : 0813171342
Genre : Law
File Size : 36.36 MB
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Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is said—what considerations it weighed and how—than it is to know what it is recorded that the Court “decided.” In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence.
Category: Law

Constitutional Law Stories

Author : Michael C. Dorf
ISBN : IND:30000128332024
Genre : Law
File Size : 40.7 MB
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This publication provides a student with an understanding of 15 leading U.S. constitutional law cases, focusing on how the litigation was shaped by lawyers, judges and socioeconomic factors, and why the cases have attained landmark status. It is suitable for adoption as a supplement in an introductory constitutional law course, or as a text for an advanced seminar.
Category: Law

American Constitutional Law

Author : Alpheus Thomas Mason
ISBN : 9781317350514
Genre : Law
File Size : 88.27 MB
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This classic collection of carefully selected and edited Supreme Court case excerpts and comprehensive background essays explores constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, it endeavors to heighten students' understanding of and interest in these critical areas of our governmental system.
Category: Law

Constitutional Law For Dummies

Author : Smith
ISBN : 9781118023785
Genre : Law
File Size : 69.37 MB
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Explains the intricacies and applications of the United States Constitution in easy-to-understand language.
Category: Law

Constitutional Law Administrative Law And Human Rights

Author : Ian Loveland
ISBN : 9780198804680
Genre : Administrative law
File Size : 41.86 MB
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Constitutional Law, Administrative Law, and Human Rights provides an introduction to public law which draws on developments in politics, the law and society to help the reader gain a fundamental appreciation of the law in its wider context. In addition, it explores the latest ongoing debates around potential constitutional reforms and the author's stimulating style encourages critical analysis. Online resources This book is accompanied by the following online resources: - a fully-integrated online casebook, with edited versions of leading cases and relevant legislation - a selection of mind-maps to help with revision - bonus chapters on the history of the EU - suggested tutorial outlines for lecturers
Category: Administrative law

Constitutional Law

Author : John E. Nowak
ISBN : 0314237488
Genre : Law
File Size : 74.50 MB
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Origins of Judicial Review; Federal Jurisdiction; Sources of National Authority; The Federal Commerce Power; Federal Fiscal Powers; International Affairs; The President and Congress; The Commerce Clause and Restrictions on State Regulatory Powers; Federal Regulation and State Authority; Individual Liberties -- An Overview; State Action; Procedural Due Process -- The Requirement of Fair Adjudicative Procedures; Equal Protection; Congressional Enforcement of Civil Rights; Freedom of Speech; Freedom of Religion.
Category: Law

Constitutional Law

Author : Jacqueline Kanovitz
ISBN : 9781317523901
Genre : Law
File Size : 83.56 MB
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Presents an up-to-date analysis of critical constitutional issues. Special attention is given to issues of greatest concern to criminal justice personnel — detention, arrest, search and seizure, interrogations and confessions, self-incrimination, due process, and right to counsel. Also includes constitutional aspects of criminal and civil liabilities of justice personnel, and constitutional and civil rights in the workplace. Part II presents key cases to assist in interpreting the constitutional provisions.
Category: Law

Constitutional Law

Author : Thomas Sergeant
ISBN : HARVARD:32044086232840
Genre : Constitutional law
File Size : 30.64 MB
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Category: Constitutional law

Fifty One Imperfect Solutions

Author : Jeffrey S. Sutton
ISBN : 9780190866044
Genre : Law
File Size : 46.23 MB
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When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Category: Law