Download or read book A Survey of Recent Decisions in Constitutional Law written by Charlotte Favor MacGregor and published by . This book was released on 1920 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Critical Discussion of Recent Decisions in Constitutional Law written by Eugene M. Prince and published by . This book was released on 1920 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Survey of Cases in Constitutional Law II written by Chezie Kangleon Demegillo and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Survey of Recent Decisions in Constitutional Law and Workmen s Compensation written by Jefferson Edwin Peyser and published by . This book was released on 1923 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Great Cases in Constitutional Law written by Robert P. George and published by Princeton University Press. This book was released on 2016-03-04 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Pursuit of Justice written by Kermit L. Hall and published by Oxford University Press. This book was released on 2006-12-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a survey of the thirty Supreme Court cases that, in the opinion of U.S. Supreme Court justices and leading civics educators and legal historians, are the most important for American citizens to understand, The Pursuit of Justice is the perfect companion for those wishing to learn more about American civics and government. The cases range across three centuries of American history, including such landmarks as Marbury v. Madison (1803), which established the principle of judicial review; Scott v. Sandford (1857), which inflamed the slavery argument in the United States and led to the Civil War; Plessy v. Ferguson (1896), which memorialized the concept of separate but equal; and Brown v. Board of Education (1954), which overturned Plessy. Dealing with issues of particular concern to students, such as voting, school prayer, search and seizure, and affirmative action, and broad democratic concepts such as separation of powers, federalism, and separation of church and state, the book covers all the major cases specified in the national and state civics and American history standards. For each case, there is an introductory essay providing historical background and legal commentary as well as excerpts from the decision(s); related documents such as briefs or evidence, with headnotes and/or marginal commentary, some possibly in facsimile; and features or sidebars on principal players in the decisions, whether attorneys, plaintiffs, defendants, or justices. An introductory essay defines the criteria for selecting the cases and setting them in the context of American history and government, and a concluding essay suggests the role that the Court will play in the future.
Download or read book Supreme Decisions Combined Volume written by Melvin I. Urofsky and published by Westview Press. This book was released on 2012-02-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Decisions: Great Constitutional Cases and Their Impact, Volumes 1 and 2, covers twenty-four Supreme Court cases (twelve per volume) that have shaped American constitutional law. Interpretive chapters shed light on the nuances of each case, the individuals involved, and the social, political, and cultural context at that particular moment in history. Discussing cases from nearly every decade in a two-hundred-year span, Melvin I. Urofsky expounds on the political climate of the United States from the country's infancy through the new millennium. Featuring Marbury v. Madison, Dred Scott v. Sandford, Miranda v. Arizona, Brown v. Board of Education, and many more, this text covers foundational rulings and more recent decisions. Written with students in mind, Melvin I. Urofsky's voice offers compelling and fascinating accounts of American legal milestones. Supreme Decisions can be purchased as a single combined volume or conveniently split into two volumes, providing a breadth of information for survey courses in U.S. Constitutional History.
Download or read book The Supreme Court s Overruling of Constitutional Precedent written by Congressional Service and published by Createspace Independent Publishing Platform. This book was released on 2018-10-10 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: By exercising its power to determine the constitutionality of federal and state government actions, the Supreme Court has developed a large body of judicial decisions, or "precedents," interpreting the Constitution. How the Court uses precedent to decide controversial issues has prompted debate over whether the Court should follow rules identified in prior decisions or overrule them. The Court's treatment of precedent implicates longstanding questions about how the Court can maintain stability in the law by adhering to precedent under the doctrine of stare decisis while correcting decisions that rest on faulty reasoning, unworkable standards, abandoned legal doctrines, or outdated factual assumptions. Although the Supreme Court has shown less reluctance to overrule its decisions on constitutional questions than its decisions on statutory questions, the Court has nevertheless stated that there must be some special justification-or, at least "strong grounds"-that goes beyond disagreeing with a prior decision's reasoning to overrule constitutional precedent. Consequently, when deciding whether to overrule a precedent interpreting the Constitution, the Court has historically considered several "prudential and pragmatic" factors that seek to foster the rule of law while balancing the costs and benefits to society of reaffirming or overruling a prior holding: Quality of Reasoning. When determining whether to reaffirm or overrule a prior decision, the Supreme Court may consider the quality of the decision's reasoning. Workability. Another factor that the Supreme Court may consider when determining whether to overrule a precedent is whether the precedent's rules or standards are too difficult for lower federal courts or other interpreters to apply and are thus "unworkable." Inconsistency with Related Decisions. A third factor the Supreme Court may consider is whether the precedent departs from the Court's other decisions on similar constitutional questions, either because the precedent's reasoning has been eroded by later decisions or because the precedent is a recent outlier when compared to other decisions. Changed Understanding of Relevant Facts. The Supreme Court has also indicated that changes in how the Justices and society understand a decision's underlying facts may undermine a precedent's authoritativeness, leading the Court to overrule it. Reliance. Finally, the Supreme Court may consider whether it should retain a precedent, even if flawed, because overruling the decision would injure individuals, companies, or organizations; society as a whole; or legislative, executive, or judicial branch officers, who had relied on the decision. A survey of Supreme Court decisions applying these factors suggests that predicting when the Court will overrule a prior decision is difficult. This uncertainty arises, in part, because the Court has not provided an exhaustive list of the factors it uses to determine whether a decision should be overruled or how it weighs them. The Appendix to this report lists Supreme Court decisions on constitutional law questions that the Court has overruled during its more than 225-year history.
Download or read book Supreme Decisions Volume 2 written by Melvin I. Urofsky and published by Hachette UK. This book was released on 2012-02-28 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Decisions: Great Constitutional Cases and Their Impact, Volumes 1 and 2, covers twenty-four Supreme Court cases (twelve per volume) that have shaped American constitutional law. Interpretive chapters shed light on the nuances of each case, the individuals involved, and the social, political, and cultural context at that particular moment in history. Discussing cases from nearly every decade in a two-hundred-year span, Melvin I. Urofsky expounds on the political climate of the United States from the country's infancy through the new millennium. Featuring Marbury v. Madison, Dred Scott v. Sandford, Miranda v. Arizona, Brown v. Board of Education, and many more, this text covers foundational rulings and more recent decisions. Written with students in mind, Melvin I. Urofsky's voice offers compelling and fascinating accounts of American legal milestones. Supreme Decisions can be purchased as a single combined volume or conveniently split into two volumes, providing a breadth of information for survey courses in U.S. Constitutional History.
Download or read book Supreme Decisions Volume 1 written by Melvin I. Urofsky and published by Hachette UK. This book was released on 2012-02-28 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Decisions: Great Constitutional Cases and Their Impact, Volumes 1 and 2, covers twenty-four Supreme Court cases (twelve per volume) that have shaped American constitutional law. Interpretive chapters shed light on the nuances of each case, the individuals involved, and the social, political, and cultural context at that particular moment in history. Discussing cases from nearly every decade in a two-hundred-year span, Melvin I. Urofsky expounds on the political climate of the United States from the country's infancy through the new millennium. Featuring Marbury v. Madison, Dred Scott v. Sandford, Miranda v. Arizona, Brown v. Board of Education, and many more, this text covers foundational rulings and more recent decisions. Written with students in mind, Melvin I. Urofsky's voice offers compelling and fascinating accounts of American legal milestones. Supreme Decisions can be purchased as a single combined volume or conveniently split into two volumes, providing a breadth of information for survey courses in U.S. Constitutional History.
Download or read book Supreme Decisions Combined Volume written by Melvin I. Urofsky and published by Hachette UK. This book was released on 2012-02-28 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Decisions: Great Constitutional Cases and Their Impact, Volumes 1 and 2, covers twenty-four Supreme Court cases (twelve per volume) that have shaped American constitutional law. Interpretive chapters shed light on the nuances of each case, the individuals involved, and the social, political, and cultural context at that particular moment in history. Discussing cases from nearly every decade in a two-hundred-year span, Melvin I. Urofsky expounds on the political climate of the United States from the country's infancy through the new millennium. Featuring Marbury v. Madison, Dred Scott v. Sandford, Miranda v. Arizona, Brown v. Board of Education, and many more, this text covers foundational rulings and more recent decisions. Written with students in mind, Melvin I. Urofsky's voice offers compelling and fascinating accounts of American legal milestones. Supreme Decisions can be purchased as a single combined volume or conveniently split into two volumes, providing a breadth of information for survey courses in U.S. Constitutional History.
Download or read book Criminal Procedure and the Constitution written by Jerold H. Israel and published by West Academic Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is the work of nationally renowned experts on the subject of constitutional criminal procedure. It is ideally suited for a survey course designed to explore and critically examine how the U.S. Supreme Court has dealt with a wide range of highly controversial issues that arise at various stages of the criminal process. Considerable effort has been made to set forth the views of all members of the Court in landmark and important recent cases.
Download or read book Analysis of Recent Decisions on Constitutional Law and Public Service written by George Gerhardt Olshausen and published by . This book was released on 1926 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Judiciary in a New Democracy written by László Sólyom and published by University of Michigan Press. This book was released on 2000 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Download or read book Choice of Law written by Dean Symeon C. Symeonides and published by Oxford University Press. This book was released on 2016-04-15 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
Download or read book Constitutional Personae written by Cass R. Sunstein and published by Oxford University Press. This book was released on 2015-09-07 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae--choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.
