THE LAW OF DEMOCRACY LEGAL STRUCTURE OF THE POLITICAL PROCESS UNIVERSITY CASEBOOK SERIES

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The Law Of Democracy

Author : Samuel Issacharoff
ISBN : 162810225X
Genre :
File Size : 33.53 MB
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This book created the field of the law of democracy, offering a systematic account of the legal construction of American democracy. This edition is the most significant revision in a decade. With the addition of Nathaniel Persily, the book now turns to a changed legal environment following such blockbuster Supreme Court decisions as Citizens United and Shelby County. This edition streamlines the coverage of the Voting Rights Act, expands the scope of coverage of campaign finance and political corruption issues, and turns to the new dispute over voter access to the ballot. The basic structure of the book continues to follow the historical development of the individual right to vote; current struggles over gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.
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Education Law

Author : Derek Black
ISBN : 9781454882220
Genre : Law
File Size : 68.87 MB
Format : PDF
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Written by Derek Black, Education Law Association’s 2015 Goldberg Award for Most Significant Publication in Education Law recipient, this second edition casebook develops Education Law through the themes of equality, fairness, and reform. Specifically, Education Law: Equality, Fairness, and Reform, Second Edition, focuses on the laws of equal educational opportunity for various different disadvantaged student populations, the recent reform movements designed to improve education, and the general constitutional rights that extend to all students. Updates included in the second edition include a new chapter devoted to teachers’ rights and reforms, including terminations, tenure, unions, and teacher evaluation, an entirely rewritten chapter on federal policy to incorporate the Every Student Succeeds Act and expansion of sections dealing with sexual orientation and gender identity. New chapter devoted to teachers’ rights and reforms, including terminations, tenure, unions, and teacher evaluation. Entirely rewritten chapter on federal policy to incorporate the Every Student Succeeds Act. Expansion of sections dealing with sexual orientation and gender identity, including the recent Fourth Circuit decision in Grimm v. Gloucester County. Reprint of Taylor v. Itawamba, the story of a protest rap song that captured the nation’s attention this past year. Additional focus on administrative remedies where court decisions have constrained private causes of action.
Category: Law

Paradigms Of International Human Rights Law

Author : Aaron Xavier Fellmeth
ISBN : 9780190611279
Genre : Human rights
File Size : 74.69 MB
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Paradigms of International Human Rights Law explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms. Part I explains the types of individual, corporate, and state duties available, and analyzes the advantages and disadvantages of incorporating each type of duty into the world public order, with special attention to supplementing individual rights with explicit individual and state duties. Part II evaluates how substantive rights and nondiscrimination rights are used to protect similar values through different channels; summarizes the nondiscrimination right in international practice; proposes refinements; and explains how the paradigms synergize. Part III discusses negative and positive paradigms by dispelling a common misconception about positive rights, and then justifies and defines the concept of negative rights, justifies positive rights, and concludes with a discussion of the ethical consequences of structuring the human rights system on a purely negative paradigm. For each set of alternatives, the author analyzes how human rights law incorporates the paradigms, the technical legal implications of the various alternatives, and the ethical and other policy consequences of using each alternative while dispelling common misconceptions about the paradigms and considering the arguments justifying or opposing one or the other.
Category: Human rights

The Constitution Of The United States

Author : Michael Paulsen
ISBN : 1634599381
Genre :
File Size : 28.5 MB
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This casebook emphasizes the text, structure, and history of the Constitution. It uses "great cases" for learning the major issues in constitutional law, and it gives less attention to small ripples of contemporary doctrine. It emphasizes the task of interpretation, including many examples of the interpretation of the Constitution by the political branches. And it includes features of our constitutional history that are neglected in many casebooks, such as slavery, the amendment process, and the early history of the freedom of speech. The third edition has many refinements. It also has more coverage of executive discretion, the taxing and spending powers, the Necessary and Proper Clause, incorporation, and the drafting of the Fourteenth Amendment. It is now suitable not only for a survey course, but also for a course focused on federalism, on the First Amendment, or on the Fourteenth Amendment. For more information and additional teaching materials, visit the companion site.
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Election Law In A Nutshell

Author : Daniel Tokaji
ISBN : 1634602765
Genre :
File Size : 21.97 MB
Format : PDF, Docs
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Election law is a dynamic and rapidly expanding field that generates enormous public interest. It is also of great practical importance to lawyers and law students, with increasing litigation and many controversial Supreme Court decisions such as Bush v. Gore, Citizens United v. FEC, and Shelby County v. Holder. This Nutshell provides a succinct and thorough description of the law governing elections, the right to vote, and the political process in the United States. The topics addressed include "one person, one vote," gerrymandering, minority voting rights, ballot access, voter identification, recounts, direct democracy, and campaign finance. The Nutshell covers U.S. constitutional law in these areas, as well as the Voting Rights Act, Federal Election Campaign Act, and other essential statutes. It includes Evenwel v. Abbott, McDonnell v. United States, and other cases from the 2015-16 Supreme Court Term.
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Speak Softly And Carry A Big Stick

Author : J. H. Snider
ISBN : 9780595347049
Genre : Philosophy
File Size : 69.39 MB
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"Broadcasters have always been coddled by politicians, and Speak Softly explains how and why. J.H. Snider tells the story with the rigor of a scholar, the doggedness of an investigative reporter and the zeal of a reformer."-Paul Taylor, Executive Vice President, Pew Research Center"J.H. Snider offers an extremely comprehensive and well-documented look 'behind the curtain' at how the National Association of Broadcasters drives its national legislative agenda. This is must reading for not only political scientists but for all who are interested in media policy and how it gets made in Washington."-Chellie Pingree, President and CEO, Common Cause"This astute book is a first-rate work of original scholarship. It also provides an unsettling description of broadcasters' policy influence. When their own interests are involved, broadcasters cannot be trusted to act in the way they demand of all others in society. Readers will no doubt question whether J.H. Snider's recommended solution is a practical one. But no reader will question his call for new measures."-Thomas E. Patterson, Bradlee Professor of Government and the Press, Harvard University"Having played a role in the mad-cap drama of telecommunications legislation Snider documents, I can tell you he has captured the essence of the machinations, strange bedfellows, and almost single-minded, righteous self-interest that drives the telecommunications debate. Like it or not, this is how the power game is really played."-Stephen R. Effros, Former President (1976-1999), Cable Telecommunications Association"Speak Softly documents the broadcast industry's striking influence on public policy, including the landmark Telecommunications Act of 1996. As Congress gears up to re-write the Act, J.H. Snider's analysis is particularly timely."-Kevin Werbach, Professor, The Wharton School, University of Pennsylvania"This is a theoretically rigorous and meticulously researched examination of the growing conflicts of interest embedded in our communications policymakers and the media institutions that cover them. Snider's documentation of the various means by which broadcasters can influence policymakers -- and the extent to which they use such influence -- on behalf of their own economic self-interest is a wake-up call to any citizen concerned about the future of our media system and our democracy."-Philip Napoli, Professor and Director, Donald McGannon Communication Research Center, Fordham University"This lucid work, based on extensive research and insightful analysis, demonstrates the "low visibility" but effective influence local TV stations have to promote their industry interests at the expense of the public interest; it illustrates this with the 1996 Congressional spectrum "giveaway" to the broadcasters and shows the damage to the nation."-Henry Geller, former Chief Counsel, FCC"This is an indispensable resource for anyone seeking to understand the mechanics of broadcaster bias in the mass-media age. J.H. Snider peers into the files of powerful corporate lobbyists in Washington to shed light on one of the worst cases of industry-government collusion in the last twenty years, involving the wholesale handover to private interests of one of the American public's most valuable assets -- the broadcast spectrum."-Tim Karr, Executive Director, Media Channel"A fascinating and perceptive look at the politics behind the biggest grant of public property to private parties in the 20th Century." -Blair Levin, former Chief of Staff, FCC (1993-1997)"A meticulously researched case study illustrating why 'public interest' regulation of local TV broadcasting has been a cruel charade."---Adam Thierer, Director of Telecommunications Studies, Cato Institute"J.H. Snider lifts up the veil of secrecy to reveal the inner workings of one of the most powerful political lobbying groups in the U.S. Through ground-breakin
Category: Philosophy

Cases And Materials On Sexuality Gender Identity And The Law

Author : Carlos Ball
ISBN : 1634604121
Genre :
File Size : 73.3 MB
Format : PDF
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This casebook on the law of sexual orientation and gender identity weaves interdisciplinary perspectives into the up-to-date coverage of a rapidly changing legal landscape. It provides comprehensive coverage of the range of legal issues concerning LGBT persons, along with scholarly commentary on these issues. It also covers issues of sexuality and gender more broadly. It addresses in depth many significant recent developments, including the Supreme Court's landmark decisions on marriage equality in Obergefell and Windsor, and the growing set of religious liberty claims asserted by opponents of LGBT equality measures. Gender identity issues are covered throughout the book.
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Land Use And Sustainable Development Law Cases And Materials

Author : John R. Nolon
ISBN : 1683284070
Genre : City planning and redevelopment law
File Size : 80.49 MB
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The new edition enables professors to teach a broad range of traditional and innovative land use law subjects, ranging from zoning and site planning to sustainable development. The first six chapters of the book focus on traditional practice areas in land use regulation at the state and local levels, and includes a full range of federal First and Fifth Amendment issues as well as preemption (all from the existing chapters in the book which have updated notes/commentary and a sprinkling of new principal cases, enough to modernize the book without requiring significant teaching overhauls). For a nuts-and-bolts approach to land use law the first two-thirds of the book will fully cover a three-credit course. The next three chapters explore land use techniques that go beyond traditional planning and Euclidean zoning such as smart growth, transit-oriented development, new urbanism, and form based zoning. Energy and building codes that address environmental and social concerns are explored, as is the topic of local environmental law that includes: aquifer, wetlands, habitat, and steep slopes protection; storm water control; and floodplains management. How environmental impact review, biological sequestration, and climate change mitigation integrate with local land use regulation is also explored. The book ends with a focus on the critical connection between human settlement patterns-the result of local zoning and land use plans-and climate change management, where students examine methods employed by local governments, with state encouragement, to use land use planning and regulation to design buildings, neighborhoods, cities, and regions to reduce energy and fossil fuel consumption and lower carbon dioxide emissions. For professors and students interested in discovering effective methods for dealing with the worsening threat of climate change, workable strategies and needed encouragement are provided. The last third of the book works well for faculty who wish to challenge students to creatively apply the tools they have learned about to address cutting edge issues facing communities. Faculty have used this material in the basic land use course, as a one credit add-on, and as material for an advanced land use course (making it convenient for students to keep the book).
Category: City planning and redevelopment law

The Law Of Direct Democracy

Author : Henry S. Noyes
ISBN : 1611632765
Genre : Law
File Size : 32.54 MB
Format : PDF, ePub, Mobi
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The Law Of Direct Democracy is the first casebook on direct democracy. This book uses state and federal judicial opinions, the text of ballot initiatives, statutes and constitutional provisions to compare and contrast the various state laws that govern the ballot initiative, the referendum and the recall. This book also contemplates the role of interest groups, voters, courts and elected officials and examines their ability to utilize, influence and limit the initiative process. It provides students and instructors both the information they need to learn the law of direct democracy and the tools to pursue further inquiry on discrete topics of interest.
Category: Law