Download or read book Cases Without Controversies written by James E. Pfander and published by Oxford University Press. This book was released on 2021-03-17 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction. Said to rest on the so-called "case-or-controversy" requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power.
Download or read book Cases Without Controversies written by James E. Pfander and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As it interprets the U.S. Constitution, the Supreme Court defines the rights of individuals and referees disputes between the branches of government. For many years, the Court has limited access to those claimants who satisfy a shifting and sometimes amorphous case-or-controversy requirement. Drawing on historical practice to clarify the meaning of the constitutional terms in question, this book calls upon the Court to offer broader access to federal court and greater deference to congressional choices.
Download or read book Contemporary Criminal Law written by Matthew Lippman and published by SAGE Publications. This book was released on 2018-05-09 with total page 1380 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book that students find interesting and instructors consider educationally valuable, this Fifth Edition of Contemporary Criminal Law combines traditional concepts with thought-provoking cases and engaging learning tools. Taking a casebook approach, the text covers both foundational and emerging legal topics such as terrorism, gangs, cybercrime, and hate crimes, illustrated by real-life examples that students connect with. Clear explanations of criminal law and defenses are complemented by provocative, well-edited cases followed by discussion questions to stimulate critical thinking and in-class discussion. The book provides a contemporary perspective on criminal law that encourages students to actively read and analyze the text. The Fifth Edition is enhanced throughout by new cases that offer the most up-to-date coverage of evolving legal opinions and developments in criminal law. New to This Edition New cases illuminate important concepts, including decisions on criminal acts, criminal intent, parties, corporate crime, kidnapping, identity theft, computer crime, prostitution, terrorism, and more. One or more new You Decide sections in most chapters clarify concepts to illustrate the complexity of legal analysis and enhance the interactive character of the text. Additional hypothetical problems are available on the companion site. New Crime in the News features look at recent events such as the criminal trial of Dylann Roof, the dark web, and the leaking of confidential government documents to help students apply important concepts to real-world scenarios. New and expanded discussions of critical topics cover the Second Amendment and gun control, the Trump administration's stance on marijuana, sentencing guidelines, and criminal defenses.
Download or read book Ethics Moments in Government written by Donald C. Menzel and published by CRC Press. This book was released on 2009-09-25 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethical concerns are among the most common problems public administrators face, yet the issues are often complex, and the correct choices are not always clear. Living up to the public trust is much more than just an act of compliance. It also involves perceiving, preventing, avoiding, and resolving accusations of illegal or unethical behavior, including appearances of inappropriate behavior. Ethics Moments in Government: Cases and Controversies examines how to identify, assess, and resolve the ethical issues and dilemmas that often confront those who govern the cities, counties, states, and federal agencies throughout America. Real Situations, Real Advice Providing a one-stop resource for all those who must contend with thorny ethical issues, this volume presents case studies that vary in complexity and context and are based on real situations. Each case scenario is followed by discussion questions and case assessments by expert practitioners who describe how they would handle the situation. Using a "total immersion" technique, the book encourages readers to be reflexive and analytical in addressing the problems presented and arriving at appropriate solutions. A supplemental CD is included which contains PowerPoint® slide presentations, articles, workshop programs, tests, and links to organizations. For many of the scenarios presented in this volume, there are no easy answers. Practical guidance on reasoning through difficult decision-making situations enables public administrators to acquire the ethical knowledge, skills, abilities, and instincts that will ultimately help them gain the trust of their citizens and advance in their careers.
Download or read book Criminal Law written by Joseph Kennedy and published by West Academic Publishing. This book was released on 2021-12-07 with total page 1006 pages. Available in PDF, EPUB and Kindle. Book excerpt: Students today expect learning to be both efficient and interesting. They use online materials and study aids to supplement class-assigned materials and to "hack" the law. This textbook cuts out the middle person by integrating challenging principal cases that are aggressively edited into an engaging overview of the black letter law. The explanatory sections describe the law through lively language and colorful examples that students can readily grasp and remember. Providing students with a clear doctrinal overview permits the selection of cases that drill down deeper into fundamental or cutting-edge issues. Many of the principal cases put the old wine of the criminal law into new bottles that students will find meaningful and interesting. In addition to homicide, rape, assault, traditional property crimes and drug offenses, the cases selected include environmental and white collar crime, obstruction of justice, criminal copyright infringement, hate crimes, sex trafficking, online threats, revenge porn and computer crimes. Short discussion questions follow each case that stimulate understanding of the holding and the deeper issues at stake. Additional materials raise important critical perspectives dealing with issues of race, class and gender. Practice problems and links to online video clips allow students to apply what they are learning, and the appendix contains numerous materials for engaging lawyering exercises.
Download or read book Scientific Controversies written by H. Tristram Engelhardt, Jr. and published by Cambridge University Press. This book was released on 1987-04-24 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays examines the ways in which disputes and controversies about the application of scientific knowledge are resolved. Four concrete examples of public controversy are considered in detail: the efficacy of Laetrile, the classification of homosexuality as a disease, the setting of safety standards in the workplace, and the utility of nuclear energy as a source of power. The essays in this volume show that debates about these cases are not confined to matters of empirical fact. Rather, as is seen with most scientific and technical controversies, they focus on and are structured by complex ethical, economic, and political interests. Drs. Engelhardt and Caplan have brought together a distinguished group of scholars from the sciences and humanities, who sketch a theory of scientific controversy and attempt to provide recommendations about the ways in which both scientists and the public ought to seek more informed resolutions of highly contentious issues in science and technology. Scientific Controversies is offered as a contribution to the better understanding of the roles of both science and nonscientific interests in disputes and controversies pertaining to science and technology.
Download or read book Contemporary Criminal Law written by Matthew Lippman and published by SAGE. This book was released on 2009-09-25 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive, introductory criminal law textbook that expands upon traditional concepts and cases by coverage of the most contemporary topics and issues. Contemporary material, including terrorism, computer crimes, and hate crimes, serves to illuminate the ever-evolving relationship between criminal law, society and the criminal justice system's role in balancing competing interests. The case method is used throughout the book as an effective and creative learning tool.Features include:" vignettes, core concepts, 'Cases and Concepts', 'You Decides, excerpts from state statutes, 'legal equations' and Crime in the News boxes" fully developed end-of-chapter pedagogy includes review questions, legal terminology and 'Criminal Law on the Web' resources" instructor resources (including PowerPoint slides, a computerized testbank and classroom activities) and a Student Study Site accompany this text
Download or read book The Oxford Guide to United States Supreme Court Decisions written by Kermit L. Hall and published by Oxford University Press. This book was released on 1999 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Democracy in America, De Tocqueville observed that there is hardly a political question in the United States which does not sooner or later turn into a judicial one. Two hundred years of American history have certainly borne out the truth of this remark. Whether a controversy is political,economic, or social, whether it focuses on child labor, slavery, prayer in public schools, war powers, busing, abortion, business monopolies, or capital punishment, eventually the battle is taken to court. And the ultimate venue for these vital struggles is the Supreme Court. Indeed, the SupremeCourt is a prism through which the entire life of our nation is magnified and illuminated, and through which we have defined ourselves as a people. Now, in The Oxford Companion to the Supreme Court of the United States, readers have a rich source of information about one of the central institutions of American life. Everything one would want to know about the Supreme Court is here, in more than a thousand alphabetically arranged entries.There are biographies of every justice who ever sat on the Supreme Court (with pictures of each) as well as entries on rejected nominees and prominent judges (such as Learned Hand), on presidents who had an important impact on--or conflict with--the Court (including Thomas Jefferson, AbrahamLincoln, and Franklin Delano Roosevelt), and on other influential figures (from Alexander Hamilton to Cass Gilbert, the architect of the Supreme Court Building). More than four hundred entries examine every major case that the court has decided, from Marbury v. Madison (which established the Court'spower to declare federal laws unconstitutional) and Scott v. Sandford (the Dred Scott Case) to Brown v. Board of Education and Roe v. Wade. In addition, there are extended essays on the major issues that have confronted the Court (from slavery to national security, capital punishment to religion,from affirmative action to the Vietnam War), entries on judicial matters and legal terms (ranging from judicial review and separation of powers to amicus brief and habeas corpus), articles on all Amendments to the Constitution, and an extensive, four-part history of the Court. And as in all OxfordCompanions, the contributors combine scholarship with engaging insight, giving us a sense of the personality and the inner workings of the Court. They examine everything from the wanderings of the Supreme Court (the first session was held on the second floor of the Royal Exchange Building in NewYork City, and the Court at times has met in a Congressional committee room, a tavern, a rented house, and finally, in 1935, its own building), to the Jackson-Black Feud and the clouded resignation of Abe Fortas, to the Supreme Court's press room and the paintings and sculptures adorning the SupremeCourt building. The decisions of the Supreme Court have touched--and will continue to influence--every corner of American society. A comprehensive, authoritative guide to the Supreme Court, this volume is an essential reference source for everyone interested in the workings of this vital institution and inthe multitude of issues it has confronted over the course of its history.
Download or read book Criminal Law written by Paul H. Robinson and published by Aspen Publishers. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his student treatise, noted authority Paul Robinson uses the Model Penal Code, realistic hypotheticals, and lucid explanations to describe the existing rules of American criminal law. (In fact, professors consistantly remark on how well written and clear Robinson's text is.) He explains the reasoning behind those rules, The interrelation among them, and their application. Robinson gives the MPC's position on each topic, along with the most common deviations from it. Rather than viewing each rule in isolation, he examines each part of criminal law as a piece of a machine for determining criminal liability. The six parts of the book define those interrelationships: Introduction General Principles in the Definition of Offenses Principles of Imputation General Defenses Inchoate Liability Specific Offenses Since lawyers who know the reasoning of the drafters have a powerful advantage in arguing for a particular interpretation of a code provision, Robinson points students to important bibliographic sources at the end of each section. Each chapter starts with a hypothetical based on a real case. Throughout the chapter, Robinson refers back To The hypothetical, using it as a vehicle to analyze and clarify abstract concepts. Numerous footnotes, case references, and bibliographies make this text a lasting research tool. For a meaningful exploration of this fascinating area of study, you can depend on Paul Robinson's Criminal Law . Be sure to recommend this vital work to your next criminal law class.
Download or read book Communicating Science Effectively written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-03-08 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Science and technology are embedded in virtually every aspect of modern life. As a result, people face an increasing need to integrate information from science with their personal values and other considerations as they make important life decisions about medical care, the safety of foods, what to do about climate change, and many other issues. Communicating science effectively, however, is a complex task and an acquired skill. Moreover, the approaches to communicating science that will be most effective for specific audiences and circumstances are not obvious. Fortunately, there is an expanding science base from diverse disciplines that can support science communicators in making these determinations. Communicating Science Effectively offers a research agenda for science communicators and researchers seeking to apply this research and fill gaps in knowledge about how to communicate effectively about science, focusing in particular on issues that are contentious in the public sphere. To inform this research agenda, this publication identifies important influences â€" psychological, economic, political, social, cultural, and media-related â€" on how science related to such issues is understood, perceived, and used.
Download or read book Litigation of Federal Civil Tax Controversies written by Gerald A. Kafka and published by . This book was released on 1997 with total page 1194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book One Case at a Time written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2001 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how--and why--the Court has avoided broad rulings, and in doing so has fostered public debate on difficult topics.
Download or read book Copicide written by John M. Violanti and published by Charles C Thomas Publisher. This book was released on 2008 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an important insight by poignantly establishing a much clearer definition of what has been known historically as "suicide by cop" or "SbC." As explored in the chapters of this book, "copicide" can be defined as an incident involving the use of deadly force by law enforcement agent(s) in response to the provocation of a threat/use of deadly force against the agent(s) or others by an actor who has voluntarily entered the suicidal drama and has communicated verbally or nonverbally the desire to commit suicide. Officers involved in copicide and use of deadly force experience a myriad of emotions before, during, and after these critical incidents, including Post Traumatic Stress Disorder. Understanding and defining what did and did not occur in copicide is paramount to an officer's capacity for resilience. A considerable amount of recent research has been conducted on suicide by cop. The purpose of this book is to bring together this research within the framework of issues involved with this phenomenon. Topics covered include: What is suicide by cop? Several definitions of the concept are characterized, with discussion of strong and weak points. A review of current research on SbC is outlined and discussed. A compilation of actual cases is presented, with an analysis of police situations in which they occur, descriptions of the perpetrator's background, and motivation to engage the police in this act. A typology for SbC is provided in a later chapter. The psychological aftermath of SbC shootings is also discussed followed by a discussion of suicide risk among police officers and the phenomenon of "suicide by suspect" referring to a police officer who intentionally places him/herself in harm's way in order to die. It is hoped that this book will help to provide a starting point for further discussions and development of a clear conceptual basis for suicide by cop, which is essential if we are to clarify this elusive concept that intermixes between suicide, homicide, and cause for blame.
Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Download or read book Marbury V Madison written by William Edward Nelson and published by . This book was released on 2000 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.
Download or read book Ethics in Qualitative Research written by Martyn Hammersley and published by SAGE. This book was released on 2012-05-17 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: All social researchers need to think about ethical issues. Their salience has recently been increased by the pressures of ethical regulation, particularly in the case of qualitative research. But what are ethical issues? And how should they be approached? These are not matters about which there is agreement. Ethics in Qualitative Research explores conflicting philosophical assumptions, the diverse social contexts in which ethical problems arise, and the complexities of handling them in practice. The authors argue that the starting point for any discussion of research ethics must be the values intrinsic to research, above all the commitment to knowledge-production. However, the pursuit of inquiry is rightly constrained by external values, and the book focuses on three of these: minimising harm, respecting autonomy, and protecting privacy. These external values are shown to be far from unequivocal in character, often in conflict with one another (or with the commitments of research), and always subject to situational interpretation and practical judgment. Nevertheless, it is contended that in the present challenging times it is essential that qualitative researchers uphold research values. Martyn Hammersley is Professor of Educational and Social Research at The Open University. Anna Traianou is Senior Lecturer in the Department of Educational Studies, Goldsmiths, University of London.
