Download or read book Cases Without Controversies written by James E. Pfander and published by Oxford University Press. This book was released on 2021 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The origins of uncontested adjudication -- Uncontested proceedings on federal dockets in the early Republic -- Probate and domestic relations proceedings -- The nineteenth-century perspective on federal judicial power -- The judicial response to the administrative state -- The progressive response to Lochner : limiting justiciability -- The new adverse-party rule confronts judicial practice -- Uncontested adjudication and the modern case-or-controversy rule -- Evaluating defenses of a requirement of adverse interests -- Uncontested adjudication and standing to sue -- A practical guide to uncontested adjudication -- Toward a constructive constitutional history.
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 Causes and Controversies written by James Wilson and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at fifty legal disputes from Victorian times to the present day, where a compelling moral or legal issue was at stake, or where the background to the case was interesting, amusing or infuriating. Of interest to lawyers and anyone interested in stories of great human interest and how the legal system tried to deal with them.
Download or read book Controversies in Innocence Cases in America written by Ms Sarah Lucy Cooper and published by Ashgate Publishing, Ltd.. This book was released on 2014-05-28 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together leading experts on the investigation, litigation and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors consider the challenges faced by the exoneration movement, causes of wrongful convictions, problems associated with investigating, proving, and defining ‘innocence’, and theories of reform. These issues are investigated from a multi-disciplinary perspective and with the aim of improving the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.
Download or read book Contemporary Criminal Law written by Matthew Lippman and published by SAGE Publications. This book was released on 2018-05-29 with total page 929 pages. Available in PDF, EPUB and Kindle. Book excerpt: "I highly recommend this textbook to any instructor of an introductory criminal law course. It provides a concise overview of the law and introduces students to the complexities of the law in practice by providing case scenarios. This is an excellent textbook with beneficial supplementary online resources." —Erin C. Heil, Southern Illinois University Edwardsville A book that students find interesting and instructors consider educationally valuable, the Fifth Edition of Contemporary Criminal Law combines traditional concepts with thought-provoking cases and engaging learning tools. 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. Bundle Lippman’s texts and save! We’ve made it easy for students to get Striking the Balance all in one convenient package at a student-friendly price. When bundled with the new edition of Contemporary Criminal Law, students receive a 20% discount. Use ISBN: 978-1-5443-4269-6 Give your students the SAGE edge! SAGE edge offers a robust online environment featuring an impressive array of free tools and resources for review, study, and further exploration, keeping both instructors and students on the cutting edge of teaching and learning. Learn more at edge.sagepub.com/lippmanccl5e.
Download or read book The Supreme Court 4 volumes written by Paul Finkelman and published by Bloomsbury Publishing USA. This book was released on 2014-01-15 with total page 1418 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful, chronological—by chief justice—examination of the Supreme Court that enables students and readers to understand and appreciate the constitutional role the Court plays in American government and society. American citizens need to understand the importance of the Supreme Court in determining how our government and society operates, regardless of whether or not they agree with the Court's opinions. Unfortunately, the role and powers of the third branch of government are not well understood by the American public. After an introduction and overview to the history of the Supreme Court from 1789 to 2013, this book examines the Court's decisions chronologically by Chief Justice, allowing readers to grasp how the role and powers of the Court have developed and shifted over time. The chapters depict the Court as the essential agent of review and an integrated part of the government, regardless of the majority/minority balance on the Court, and of which political party is in the White House or controlling the House or Senate.
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 Abortion Law in Transnational Perspective written by Rebecca J. Cook and published by University of Pennsylvania Press. This book was released on 2014-08-13 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.
Download or read book Judicial Settlement of Controversies Between States of the American Union written by United States. Supreme Court and published by . This book was released on 1918 with total page 930 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 The Case for Contention written by Jonathan Zimmerman and published by University of Chicago Press. This book was released on 2017-04-24 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the fights about the teaching of evolution to the details of sex education, it may seem like American schools are hotbeds of controversy. But as Jonathan Zimmerman and Emily Robertson show in this insightful book, it is precisely because such topics are so inflammatory outside school walls that they are so commonly avoided within them. And this, they argue, is a tremendous disservice to our students. Armed with a detailed history of the development of American educational policy and norms and a clear philosophical analysis of the value of contention in public discourse, they show that one of the best things American schools should do is face controversial topics dead on, right in their classrooms. Zimmerman and Robertson highlight an aspect of American politics that we know all too well: We are terrible at having informed, reasonable debates. We opt instead to hurl insults and accusations at one another or, worse, sit in silence and privately ridicule the other side. Wouldn’t an educational system that focuses on how to have such debates in civil and mutually respectful ways improve our public culture and help us overcome the political impasses that plague us today? To realize such a system, the authors argue that we need to not only better prepare our educators for the teaching of hot-button issues, but also provide them the professional autonomy and legal protection to do so. And we need to know exactly what constitutes a controversy, which is itself a controversial issue. The existence of climate change, for instance, should not be subject to discussion in schools: scientists overwhelmingly agree that it exists. How we prioritize it against other needs, such as economic growth, however—that is worth a debate. With clarity and common-sense wisdom, Zimmerman and Robertson show that our squeamishness over controversy in the classroom has left our students woefully underserved as future citizens. But they also show that we can fix it: if we all just agree to disagree, in an atmosphere of mutual respect.
Download or read book JUDICIAL SETTLEMENT OF CONTROVERSIES BETWEEN STATES OF THE AMERICAN UNION written by JAMES BROWN. SCOTT and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Law written by Joseph Kennedy and published by West Academic Publishing. This book was released on 2021-12 with total page 0 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 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 Judicial Settlement of Controversies Between States of the American Union written by James Brown Scott and published by . This book was released on 2015-07-09 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Judicial Settlement of Controversies Between States of the American Union: An Analysis of Cases Decided in the Supreme Court of the United States Reasonable men believe, statesmen profess, and civilization requires that controversies between nations should be settled by peaceable means. Diplomacy has been reinforced by a variety of agencies to accomplish this purpose, but between the breakdown of diplomacy with its various adjuncts and the outbreak of war an effective remedy must be interposed if the peace of the world is to be preserved. The framers of the more perfect union of the American States felt the failures of diplomacy and were unwilling to assume the risk of war in the settlement of their controversies. They created as a conscious substitute for each a Court of the States, in which controversies of a justiciable nature between them have been decided for a century and more, thus creating 'an international, as well as a domestic tribunal, ' to quote the impressive language of Chief Justice Fuller in Kansas v. Colorado (185 U.S. 125, 146-7, decided in 1902), in which 'we apply Federal law, state law, and international law, as the exigencies of the particular case may demand.' The experience of the Union of American States shows that a court of justice can be created for the Society of Nations, occupying a like position and rendering equal, if not greater, services, applying to the solution of controversies between its members Federal law, state law, and international law, as the exigencies of the particular case may demand. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book The Supreme Court written by Paul Finkelman and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: After an introduction and overview to the history of the Supreme Court from 1789 to 2013, this book examines the Court's decisions chronologically by Chief Justice, allowing readers to grasp how the role and powers of the Court have developed and shifted over time. The chapters depict the Court as the essential agent of review and an integrated part of the government, regardless of the majority/minority balance on the Court, and of which political party is in the White House or controlling the House or Senate.
