Download or read book Managed Speech written by Gregory P. Magarian and published by Oxford University Press. This book was released on 2017-03-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.
Download or read book Tort Law in America written by G. Edward White and published by Oxford University Press, USA. This book was released on 2003 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.
Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Who s the Bigot written by Linda C. McClain and published by Oxford University Press. This book was released on 2020-02-03 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, critics of interracial, interfaith, and most recently same-sex marriage have invoked conscience and religious liberty to defend their objections, and often they have been accused of bigotry. Although denouncing and preventing bigotry is a shared political value with a long history, people disagree over who is a bigot and what makes a belief, attitude, or action bigoted. This is evident from the rejoinder that calling out bigotry is intolerant political correctness, even bigotry itself. In Who's the Bigot?, the eminent legal scholar Linda C. McClain traces the rhetoric of bigotry and conscience across a range of debates relating to marriage and antidiscrimination law. Is "bigotry" simply the term society gives to repudiated beliefs that now are beyond the pale? She argues that the differing views people hold about bigotry reflect competing understandings of what it means to be "on the wrong side of history" and the ways present forms of discrimination resemble or differ from past forms. Furthermore, McClain shows that bigotry has both a backward- and forward-looking dimension. We not only learn the meaning of bigotry by looking to the past, but we also use examples of bigotry, on which there is now consensus, as the basis for making new judgments about what does or does not constitute bigotry and coming to new understandings of both injustice and justice. By examining charges of bigotry and defenses based on conscience and religious belief in these debates, Who's the Bigot? makes a novel and timely contribution to our understanding of the relationship between religious liberty and discrimination in American life.
Download or read book Comparative Human Rights Law written by Sandra Fredman and published by . This book was released on 2018 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential overview of the comparative study of human rights law. This book will introduce students, academics, and legal practitioners to the aims and methods of approaching human rights from a comparative perspective.
Download or read book Legal Responses to Religious Practices in the United States written by Austin Sarat and published by Cambridge University Press. This book was released on 2012-09-10 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an enormous scholarly literature on law's treatment of religion. Most scholars now recognize that although the US Supreme Court has not offered a consistent interpretation of what 'non-establishment' or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: namely, what practices constitute a 'religious activity' such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?
Download or read book Antitrust Law Journal written by and published by . This book was released on 1986 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dying Right written by Daniel Hillyard and published by Routledge. This book was released on 2002-06 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dying Right provides an overview of the Death With Dignity movement, a history of how and why Oregon legalized physician-assisted suicide, and an analysis of the future of physician-assisted suicide. Engaging the question of how to balance a patient's sense about the right way to die, a physician's role as a healer, and the state's interest in preventing killing, Dying Right captures the ethical, legal, moral, and medical complexities involved in this ongoing debate.
Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2004 with total page 1402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Gender of Constitutional Jurisprudence written by Beverley Baines and published by Cambridge University Press. This book was released on 2005 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.
Download or read book Harvard Law Review Volume 125 Number 1 November 2011 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2011-11-22 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition for ereaders, featuring active Table of Contents, linked footnotes and cross-references, legible tables, and proper ebook formatting. The Review generally publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts. Most student writing takes the form of Notes, Recent Cases, Recent Legislation, and Book Notes. This current issue of the Review is November 2011, the first issue of academic year 2011-2012 (Volume 125). The November issue is the special annual review of the Supreme Court's previous term. Each year, the issue is introduced by noteworthy and extensive articles from recognized scholars. In this issue, the Foreword is authored by Dan Kahan, and examines the idea of "neutral" judicial review and the Supreme Court's methodology of constitutional decisionmaking and establishment of precedent, as well as the problem of motivated cognition, particularly in light of notable cases from the 2010 Term. An article by Judith Resnik offers an extensive Comment on three recent notable cases: Wal-Mart v. Dukes, AT&T v. Concepcion, and Turner v. Rogers. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, on a wide range of legal, political and constitutional subjects. This issue surveys, in a series of case notes, the 2010 Term. Finally, the issue includes statistical summaries and tables of the 2010 Term, and recent book notes.
Download or read book The First Amendment and the Business Corporation written by Ronald J. Colombo and published by . This book was released on 2015 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the business corporation in modern society is a controversial one. Some fear and object to corporate power and influence over governments and culture. Others embrace the corporation as a counterweight to the State and as a vehicle to advance important private objectives. A flashpoint in this controversy has been the First Amendment to the U.S. Constitution, which enshrines the fundamental rights of freedom to speech, religion, and association. The extent to which a corporation can avail itself of these rights goes a long way in defining the corporation's role. Those who fear the corporation wish to see these rights restricted, while those who embrace it wish to see these rights recognized. The First Amendment and the Business Corporation explores the means by which the debate over the First Amendment rights of business corporations can be resolved. By recognizing that corporations possess constitutionally relevant differences, we discover a principled basis by which to afford some corporations the rights and protections of the First Amendment but not others. This is critically important, because a "one-size-fits-all" approach to corporate constitutional rights seriously threatens either democratic government or individual liberty. Recognizing rights where they should not be recognized unnecessarily augments the already considerable power and influence that corporations have in our society. However, denying rights where they are due undermines the liberty of human beings to create, patronize, work for, and invest in companies that share their most cherished values and beliefs.
Download or read book Women and Interreligious Dialogue written by Catherine Cornille and published by Wipf and Stock Publishers. This book was released on 2013-09-26 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though women have been objects more often than subjects of interreligious dialogue, they have nevertheless contributed in significant ways to the dialogue, just as the dialogue has also contributed to their own self-understanding. This volume, the fifth in the Interreligious Dialogue Series, brings together historical, critical, and constructive approaches to the role of women in the dialogue between religions. These approaches deal with concrete examples of women's involvement in dialogue, critical reflections on the representation of women in dialogue, and the important question of what women might bring to the dialogue. Together, they open up new avenues for reflection on the nature and purpose of interreligious dialogue.
Download or read book Retaliation and Whistleblowers written by Paul M. Secunda and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 809 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, the New York University Annual Conference on Labor calls on outstanding scholars and practitioners in the field to come together to survey and analyze new developments and trends in U.S. labor law and practice. This volume reproduces the texts (updated and reworked by the authors) presented at the 2007 Conference, the 60th in this venerable and highly influential series, at which the theme was andRetaliation and Whistleblowersand . There could not be a more timely exploration of this complex workplace issue. The United States Supreme Court, in several pending cases and in the recent landmark cases of Burlington Northern v. White and Garcetti v. Ceballos, has turned its full attention to workplace retaliation claims. States and municipalities also continue to struggle in laying out the scope of permissible claims under state constitutional and statutory whistleblower provisions and under the common law of wrongful discharge. Among the new and significant issues considered in this volume are the following: new limits on the scope of the cause of action in the wake of Burlington Northern; implied protection of employee activity under ADEA and the FLSA; the scope of andprotected activityand under and§ 806 of the Sarbanes-Oxley Act; issues of privilege when investigation counsel are used to inform corporate decision-making; state whistleblower laws and the expansion or preemption of common law protections under the common law tort of wrongful discharge; NLRA protection of collective protests by non-union workers; and potential expansion of the formal definition of andjobsand under Garcetti v. Ceballos to foreclose the first amendment avenue. Besides papers by panelists at the Conference, ten other leading practitioners and academics also provide commentary in this volume. As always, this important annual publication offers definitive current scholarship in its theme area of labor and employment law. As such, it will be of inestimable value to practitioners, government officials, academics and others interested in developments in U.S. employment and labor relations law and practice.
Download or read book Nominations of Michael B Thornton Joseph W Nega and F Scott Kieff written by United States. Congress. Senate. Committee on Finance and published by . This book was released on 2013 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chimpanzee Rights written by Kristin Andrews and published by Routledge. This book was released on 2018-08-30 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2013, an organization called the Nonhuman Rights Project has brought before the New York State courts an unusual request—asking for habeas corpus hearings to determine whether Kiko and Tommy, two captive chimpanzees, should be considered legal persons with the fundamental right to bodily liberty. While the courts have agreed that chimpanzees share emotional, behavioural, and cognitive similarities with humans, they have denied that chimpanzees are persons on superficial and sometimes conflicting grounds. Consequently, Kiko and Tommy remain confined as legal "things" with no rights. The major moral and legal question remains unanswered: are chimpanzees mere "things", as the law currently sees them, or can they be "persons" possessing fundamental rights? In Chimpanzee Rights: The Philosophers’ Brief, a group of renowned philosophers considers these questions. Carefully and clearly, they examine the four lines of reasoning the courts have used to deny chimpanzee personhood: species, contract, community, and capacities. None of these, they argue, merits disqualifying chimpanzees from personhood. The authors conclude that when judges face the choice between seeing Kiko and Tommy as things and seeing them as persons—the only options under current law—they should conclude that Kiko and Tommy are persons who should therefore be protected from unlawful confinement "in keeping with the best philosophical standards of rational judgment and ethical standards of justice." Chimpanzee Rights: The Philosophers’ Brief—an extended version of the amicus brief submitted to the New York Court of Appeals in Kiko’s and Tommy’s cases—goes to the heart of fundamental issues concerning animal rights, personhood, and the question of human and nonhuman nature. It is essential reading for anyone interested in these issues.
Download or read book Intellectual Property and Emerging Technologies written by Matthew Rimmer and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm shifts in biology. It explores the legal ramifications of emerging technologies, such as genomics, synthetic biology, stem cell research, nanotechnology, and biodiscovery. Extensive contributions examine recent controversial court decisions in patent law such as Bilski v. Kappos, and the litigation over Myriad's patents in respect of BRCA1 and BRCA2 while other papers explore sui generis fields, such as access to genetic resources, plant breeders' rights, and traditional knowledge. The collection considers the potential and the risks of the new biology for global challenges such as access to health-care, the protection of the environment and biodiversity, climate change, and food security. It also considers Big Science projects such as biobanks, the 1000 Genomes Project, and the Doomsday Vault. The inter-disciplinary research brings together the work of scholars from Australia, Canada, Europe, the UK and the US and involves not only legal analysis of case law and policy developments, but also historical, comparative, sociological, and ethical methodologies. Intellectual Property and Emerging Technologies will appeal to policy-makers, legal practitioners, business managers, inventors, scientists and researchers.
