Download or read book Encounters with Constitutional Interpretation and Legal Education written by James Stellios and published by . This book was released on 2018-02-19 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do constitutional interpretation and legal education have in common?For one thing, they share the same tension between theory and practice, between form and substance, between process and outcomes, between constancy and change, and between local and comparative perspectives. Each also has a substratum of fundamental underlying values that demand, but do not always receive, clear articulation.For another thing, they have both been the subject of illuminating examination by Michael Coper over the course of a long and distinguished career.An extraordinary group of authors, including Justice Stephen Gageler, the Hon Michael Kirby and Sir Anthony Mason, come together in this book to celebrate Coper's achievement, and take his various contributions as a jumping off point for their own further scholarly insights.From the gripping story of the revolution that swept away the old law on section 92 of the Constitution, to the endemic conflict in the judicial process between legalism and realism, to the never-ending controversy about the Dismissal, to perceiving the world and organising legal knowledge in new ways through biography and oral history, to the role of educators in shaping the views and values of newcomers to this knowledge, this book contains over a dozen sparkling essays by some of Australia's most renowned and respected lawyers, as well as a substantial reflective commentary by Michael Coper himself.An intellectual feast!
Download or read book Vagaries and Varieties in Constitutional Interpretation written by Thomas Reed Powell and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powell, Thomas Reed. Vagaries and Varieties in Constitutional Interpretation. New York: Columbia University Press, 1956. xv, 229 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-210-7. Cloth. $70. * With a Foreword by Paul A. Freund. Published versions of the James S. Carpentier lectures delivered by Powell [1880-1955] at Columbia University in 1955. Its chapters include "Establishment of Judicial Review," "Professions and Practices in Judicial Review," "National Power," "Federalism: Intergovernmental Relations," "Federalism: State Powers Affecting the National Economy; State Police Power" and "Federalism: State Powers Affecting the National Economy; State Taxing Power."
Download or read book Constitutional Law written by Erwin Chemerinsky and published by Aspen Publishing. This book was released on 2019-06-17 with total page 1520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Relied on by students, professors, and practitioners, Erwin Chemerinsky’s popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law. Thorough coverage of the topic makes it appropriate for both beginning and advanced courses. New to the Sixth Edition: New discussion of the Preamble to the Constitution in Ch. 1 Discussion of many new cases throughout the book. Major new decisions include: Masterpiece Cakeshop v. Colorado Civil Rights Commission; Gill v. Whitford; Zivotofsky v. Kerry; Lucia v. SEC; South Dakota v. Wayfair; Fisher v. University of Texas, Austin; Obergefell v. Hodges; Whole Women’s Health v. Hellerstedt; Matal v. Tam; Williams-Yulee v. Florida State Bar; National Institute of Family and Life Advocates v. Becerra; Janus v. American Federation; Town of Greece v. Galloway; and Trinity Lutheran Church of Columbia v. Comer New materials on presidential power, immigration, and travel bans under the Trump administration, including IRAP v. Trump and Hawaii v. Trump Professors and students will benefit from: Renowned authorship Examination of black-letter law and all the myriad issues of constitutional interpretation with unrivaled thoroughness and lucidity Excellent historical overview of the creation and ratification of the Constitution, examining the existential question of why we have a constitution
Download or read book Constitutional Law written by Russell L. Weaver and published by Aspen Publishing. This book was released on 2024-03-25 with total page 1361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law: Cases, Materials, and Problems, Sixth Edition by Russell L. Weaver and Steven Friedland is a casebook designed as a teacher’s book by stimulating thought, inviting discussion, and helping professors more effectively teach. Its thought-provoking problem approach encourages students to delve deeper into constitutional doctrine and gives them an accessible and interesting way to learn constitutional issues. Problems at the beginning of each chapter are referenced throughout the text for continuity. Principal constitutional law cases are edited as lightly as possible to allow the Supreme Court to speak for itself, with shorter notes that accompany the problems. This new edition is much shorter than previous editions so that it can be comfortably taught in a four credit, one semester course. This casebook makes Constitutional Law accessible and teachable. It will help students understand constitutional theory, lead students to greater insights, generate classroom interactivity and provide a platform for inspired learning. The casebook includes problems with many different models and formats. Many problems are factual in nature and are designed to encourage students to ponder how constitutional doctrine might apply in particular contexts. In some instances, these fact-based problems are premised upon actual cases, including U.S. Supreme Court cases. Other problems are theoretical in nature and are simply designed to help students better understand constitutional doctrine. New to the Sixth Edition. The sixth edition includes many new cases. Among them are: Dobbs v. Jackson Women's Health Organization (the abortion decision) Students for Fair Admissions v. Harvard and Students for Fair Admission v. University of North Carolina (the affirmative action decision) West Virginia v. EPA (the major questions doctrine) Biden v. Nebraska )the student loan case) Professors and students will benefit from: ● Lightly edited cases allow students to see the fullest possible analysis of the law. ● Diverse perspectives are presented on constitutional interpretation, federalism, and public policy. ● An emphasis on federalism and other oft-marginalized topics– compared to other constitutional law casebooks, this text spends considerable time on federalism, balance of powers, and other topics that are sometimes only given passing reference. ● A complete examination of Second Amendment rights and executive power.
Download or read book Constitutional Law written by Russell L. Weaver and published by Aspen Publishing. This book was released on 2021-01-12 with total page 2032 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law: Cases, Materials, and Problems, Fifth Edition by Russell L. Weaver, Steven Friedland, and Richard Rosen is designed as a teacher’s book by stimulating thought, inviting discussion, and helping professors more effectively teach. Its thought-provoking problem approach encourages students to delve deeper into constitutional doctrine and gives them an accessible and interesting way to learn constitutional issues. Problems at the beginning of each chapter are referenced throughout the text for continuity. Principal constitutional law cases are edited as lightly as possible to allow the Supreme Court to speak for itself, with shorter notes that accompany the problems. New to the Fifth Edition: Updates to the text and additional cases added throughout including: Rucho v. Common Cause; United States v. Sanchez- Gomez; Dawson v. Steager; Gamble v. United States; Department of Homeland Security v. Regents of California; Hawaii v. Trump; Manhattan Community Access Corp. v. Halleck; Department of Homeland Security v. Thuraissigiam; Knick v. Township of Scott; Murr v. Wisconsin; Ramos v. Louisiana; Bostock v. Clayton County; Georgia, Box v. Planned Parenthood of Indiana and Kentucky, Inc.; Abbott v. Perez; Husted v. A. Philip Randolph Institute; Sessions v. Morales- Santana; Bethune- Hill v. Virginia State Board of Elections; Cooper v. Harris; Barr v. American Association of Political Consultants, Inc.; Agency for International Development v. Alliance for Open Society International, Inc.; Iancu v. Brunetti; National Institute of Family and Life Advocates v. Becerra; Minnesota Voters Alliance v. Mansky; Packingham v. North Carolina; Matal v. Tam; Espinoza v. Montana Department of Revenue; Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania; The American Legion v. American Humannist Association; Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission; Trinity Lutheran Church of Columbia, Inc. v. Director; Expressions Hair Design v. Schneiderman; Murphy v. National Collegiate Athletic Association Professors and students will benefit from: Lightly edited cases allow students to see the fullest possible analysis of the law. Diverse perspectives are presented on constitutional interpretation, federalism, and public policy. An emphasis on federalism and other oft-marginalized topi compared to other constitutional law casebooks, this text spends considerable time on federalism, balance of powers, and other topics that are sometimes only given passing reference. A complete examination of Second Amendment rights and executive power.
Download or read book Civil Rights and Liberties written by Corey L. Brettschneider and published by Aspen Publishing. This book was released on 2015-01-28 with total page 1295 pages. Available in PDF, EPUB and Kindle. Book excerpt: An engaging conceptualizing chapter opens Civil Rights and Liberties: Cases and Readings in Constitutional Law and American Democracy, introducing civil liberties within their constitutional framework, illuminating their nature and sources through enlightening Supreme Court deliberations that show the underlying debates about constitutional interpretation. A distinctive approach to themes and principles encourages students to develop their own views on civil liberties in general and on the specific controversies such as abortion, gay rights, and hate speech. Extensive, intriguing excerpts from a highly focused set of cases and other readings from contemporary theory highlight conflicting opinions among the justices. They provide depth of understanding of the Constitution and of the disputes that have shaped its meaning, including the basis and nature of judicial authority. The text's thematic organization reveals the structural and normative features of the Constitution and constitutional law by linking them to contemporary issues and controversies. Key historical elements lend context and depth. A logical chapter structure offers probing overviews of the topics, constitutional arguments, and chapter readings followed by a broad range of theoretical and historical writings leading up to the cases. This multidimensional perspective draws on a wide array of resources such as case excerpts, concurring and dissenting opinions, law journal and articles, general publications, published letters, and other documents. Probing case comprehension, discussion, and synthesis questions punctuate and reinforce content. Features: an engaging conceptualizing opening chapter introduces civil liberties within constitutional framework illuminates their nature and sources through enlightening Supreme Court disputes shows underlying debates about constitutional interpretation a distinctive approach to themes and principles encourages students to develop their own views on civil liberties engages students in specific controversies--abortion, gay rights, and hate speech, etc. intriguing excerpts from a highly focused set of cases and other readings highlight disputes among the justices provide depth of understanding of the Constitution and interpretive disputes explore the basis and nature of judicial authority thematic organization shows structural and normative features of the Constitution and constitutional law links the Constitution to contemporary issues and controversies provides key historical elements for context logical chapter structure author's overviews of topics, constitutional arguments, and chapter readings a broad range of theoretical and historical writings key cases a multidimensional perspective draws on a wide array of resources case excerpts concurring and dissenting opinions law journal articles general publications published letters and other documents probing case comprehension, discussion, and synthesis questions reinforce content
Download or read book American Constitutional Law written by Donald P. Kommers and published by Rowman & Littlefield Publishers. This book was released on 2010 with total page 1174 pages. Available in PDF, EPUB and Kindle. Book excerpt: iAmerican Constitutional Law Essays, Cases, and Comparative Notes is a unique casebook that encourages students and citizens of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. The book has two prominent features that distinguish it from other books in the field an emphasis on the social, political and moral theory that provides meaning to constitutional law and interpretation; and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political context. For students in the liberal arts, as well as law students seeking a richer encounter with the multifaceted nature of the American constitutional experience, this book addresses all of their concerns.The new edition offers Updated and expanded treatment of key cases on gerrymandering and campaign finance Expanded discussion of the Court's work federalism and the commerce clause Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence Full coverage of new developments and cases concerning affirmative action and school desegregation
Download or read book Constitutional Law national Power and Federalism written by Christopher N. May and published by Aspen Publishers. This book was released on 1998 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: NATIONAL POWER AND FEDERALISM is part of a two-volume set that includes a corresponding treatment of Individual Rights. Now your students can get the specific extra guidance they need, when they need it. Organized to parallel the major casebooks, this inexpensive study guide adheres To The successful format of the Examples & Explanations Series: -Clear, readable text includes sufficient historical and theoretical detail to supply a solid overview without overwhelming readers -Examples bring the complex issues to life and show students how to apply what they have learned in class -Explanations help students measure their understanding of the material and provide suggested answers and feedback No other book offers such an engaging and effective approach. In a straightforward--but not simplistic -- style, May and Ides address: -Judicial Review -Congressional Power to Limit the Jurisdiction of the Supreme Court and Inferior Federal Courts -Justiciability -Special Limitations on Federal Judicial Review of State Laws -Powers of the National Government -The Supremacy Clause -The Separation of Powers -The Dormant Commerce Clause -The Privileges and Immunities Clause of Article IV. This comprehensive yet manageable guide is distinguished from the crowd of superficial Con Law study aids by the level of practice it affords students. When you review CONSTITUTIONAL LAW: National Power and Federalism, Examples and Explanations, you'll find it a worthy teaching partner, ideally suited To The needs of the first-year law student. Table of Contents Preface Acknowledgments Chapter 1: Judicial Review 1.1 Introduction and Overview 1.2 the Background of Marbury v. Madison 1.3 Marbury v. Madison: Judicial Review of the Coordinate Branches 1.4 Federal Judicial Review of State Conduct 1.5 the Role of the Judicial Review in a Democratic Society 1.6 the Debate Over Constitutional Interpretation 1.7 the Techniques of Constitutional Interpretation 1.8 Authoritativeness of Judicial Interpretations Chapter 2: Congressional Power to Limit the Jurisdiction of the Supreme Court and Inferior Federal Courts 2.1 Introduction and Overview 2.2 the Power to Make Exceptions To The Jurisdiction of the Supreme Court 2.3 the Power to Create Article III Courts Inferior To The Supreme Court 2.4 the Power to Create Non-Article III Courts Chapter 3: Justiciability 3.1 Introduction and Overview 3.2 the Elements of a Case or Controversy 3.3 Prudential Considerations: Beyond the Constitutional Minimum 3.4 the Standing Doctrine 3.5 the Timeline of Justiciability: The Ripeness and Mootness Doctrine 3.6 Ripeness Applied 3.7 Mootness Applied 3.8 the Political Question Doctrine Chapter Four: Special Limitations on Federal Judicial Review of State Laws 4.1 Introduction and Overview 4.2 the 11th Amendment 4.3 the Siler Doctrine 4.4 the Pullman Doctrine 4.5 the Younger Doctrine Chapter 5: The Powers of the National Government 5.1 Introduction and Overview 5.2 Necessary and Proper Clause 5.3 the Power Over Interstate Commerce 5.4 the Power to Tax and Spend 5.5 the Power Over Foreign Affairs 5.6 the Constitutionally Enforceable Principle of Federalism Chapter 6: The Supremacy Clause 6.1 Introduction and Overview 6.2 the Preemption Doctrine 6.3 Federal Immunity from State Regulation 6.4 Federal Immunity from State Taxation 6.5 State Imposed Term Limits on Federal Office Chapter 7: The Separation of Powers 7.1 Introduction and Overview 7.2 'Checks and Balances' And The Commingling of Powers 7.3 Textual versus Structural or Functional Arguments 7.4 the Domestic Arena 7.5 War and Foreign Affairs 7.6 Impeachment 7.7 the Speech or Debate Clause 7.8 Executive Immunity and Executive Privilege Chapter
Download or read book Interpreting the Constitution written by Harry H. Wellington and published by Yale University Press. This book was released on 1992-07-29 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the Supreme Court work? Is there something undemocratic about having unelected judges overturn laws passed by elected legislators? How can a brief, two-hundred-year old constitution continue to provide the fundamental law for governing the United States? In this book a prominent legal scholar explores these questions with unusual clarity. Harry H. Wellington discusses judicial review (the process by which the court decides whether laws are valid) and the interpretive role the court plays in constitutional regulation and the resolution of individual disputes. Written in an engaging and accessible manner, the book offers fascinating examples of the court at work, in particular showing how it has addressed one of the most controversial political and judicial issues of our time--abortion. Harry H. Wellington takes a frank and provocative look at the process of adjudication, showing how it incorporates and shapes public values and mores as they change from one generation to the next. He explains why democracies can tolerate judicial review by nonelected officials and he refutes the politically popular doctrine of "original intent" and explains why those who interpret the Constitution must be responsive to precedent and process. Wellington also shows how the American political system allows the public to respond to the Court's decisions on such strongly debated issues as abortion. Although he argues for the retention of Roe v. Wade, Wellington points out that the Court makes mistakes, and he asserts that institutions, groups, and individuals sometimes have an obligation to contest the court's readings and its authority. This often noisy dialogue, says Wellington, is necessary to make judicial regulation compatible with the democratic ideology on which the United States is based.
Download or read book Against the Law written by Paul F. Campos and published by Duke University Press. This book was released on 1996 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion--an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception. Linked by a persistent inquiry into the nature and identity of "the law," these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value--that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented. In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.
Download or read book Constitutional Interpretation written by Craig Ducat and published by Wadsworth Publishing Company. This book was released on 2012-02-13 with total page 976 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a comprehensive, authoritative approach to constitutional law. This volume focuses on individual's rights and responsibilities and is appropriate for the second term in the two-term course sequence in constitutional law.
Download or read book Constitutional Interpretation written by Jeffrey M. Shaman and published by Bloomsbury Publishing USA. This book was released on 2000-11-30 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyzes the process of constitutional interpretation, that is, the methodology by which the Supreme Court goes about interpreting the Constitution, and offers a comprehensive view of constitutional law through the lens of history, political science, and jurisprudence. Shaman examines the practice of creating meaning for the Constitution, the dichotomy of legal formalism and realism, the levels of judicial scrutiny, the perception of reality, and the puzzle of legislative motive. While the book traces the historical development of constitutional law, its main focus is on modern jurisprudence, including analyses of the major themes of constitutional interpretation developed by the Warren, Burger, and Rehnquist Courts. Shaman details the Warren Court's move to a more realistic jurisprudence and its development of a multi-level system of judicial review that has become increasingly more complex under the Burger and Rehnquist Courts. He critiques the Supreme Court's reversion in recent years to an old-fashioned formalistic jurisprudence and the growing tendency of the Court to look to the past rather than to future to interpret the Constitution. The book also includes discussion of recent major doctrinal developments such as constitutional theory underlying Supreme Court decisions on gender discrimination, discrimination on the basis of sexual preference, the right to die, abortion, and freedom of speech.
Download or read book Neglected Policies written by Ira L. Strauber and published by Duke University Press. This book was released on 2002-09-06 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVOffers a critique of the political goals of legal scholars, seeking to expose the extent to which both jurisprudence and political theory are subject to “an ideology of involvement” that falsely assumes a direct relation between scholarly opin/div
Download or read book Constitutional Dialogues written by Louis Fisher and published by Princeton University Press. This book was released on 2014-07-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who makes constitutional law? Is constitutional doctrine the monopoly of the courts? In accessible and persuasive prose Louis Fisher explains that constitutional law is not solely or even primarily the Supreme Court's "final word" but rather a richly political convergence of separate interpretations. With a broad range of examples, he argues that constitutional principles emerge from a dialogue among all three branches of government--executive, legislative, and judicial. Important contributions also come from the states and the general public. Fisher identifies executive and legislative initiatives in many areas of constitutional significance. Where there is litigation, the Court generally upholds these initiatives or may avoid making a constitutional decision by using "threshold devices." On those rare occasions when the Supreme Court exercises judicial review and strikes down a presidential or congressional action, it is usually only a matter of time before the proposal is revived and the dialogue begins again. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Download or read book Contemporary Perspectives On Constitutional Interpretation written by Susan J Brison and published by Westview Press. This book was released on 1993-10-08 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents some of the most exciting and influential contemporary work in the area of constitutional interpretation. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretative approaches, reflecting different political orientations from the far right to the far left. Lightning Print On Demand Title
Download or read book Saving the Constitution from Lawyers written by Robert J. Spitzer and published by Cambridge University Press. This book was released on 2008-04-07 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a sweeping indictment of the legal profession in the realm of constitutional interpretation. The adversarial, advocacy-based American legal system is well suited to American justice, in which one-sided arguments collide to produce a just outcome. But when applied to constitutional theorizing, the result is selective analysis, overheated rhetoric, distorted facts, and overstated conclusions. Such wayward theorizing finds its way into print in the nation's over 600 law journals - professional publications run by law students, not faculty or other professionals - and peer review is almost never used to evaluate worthiness. The consequences of this system are examined through three timely cases: the presidential veto, the "unitary theory" of the president's commander-in-chief power, and the Second Amendment's "right to bear arms." In each case, law reviews were the breeding ground for defective theories that won false legitimacy and political currency. This book concludes with recommendations for reform.
Download or read book Saving the Constitution from Lawyers written by Distinguished Service Professor of Political Science Robert J Spitzer and published by . This book was released on 2014-05-14 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt:
