Download or read book Liberty Equality and Due Process written by Ruthann Robson and published by . This book was released on 2019 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This Casebook is intended to be used in a course which concentrates on Constitutional Rights and centers the Fourteenth Amendment. It can be used in a first year Law School course with a title such as "Liberty, Equality, and Due Process," as it is at CUNY School of Law, an upper division Constitutional Rights course, or an advanced undergraduate course focusing on constitutional rights, especially equality and due process. The Casebook begins with the threshold issue of "state action" which orients students to a basic but often under-taught principle of constitutional law. The Casebook then considers judicial review and constitutional interpretation. Chapters 3-6 center on equality, including slavery before the Reconstruction Amendments, equal protection for racial, gender, and other classifications, affirmative action, and fundamental rights in equal protection doctrine. Chapters 7-9 are shorter chapters that consider the Privileges or Immunities Clause, Incorporation of Bill of Rights provisions to the states, and the Second Amendment. Chapter 10 focuses on substantive due process, with Chapter 11 treating the "synergy" between due process and equal protection regarding fundamental rights. The brief last Chapter, Chapter 12, includes materials on state constitutional rights, which can be omitted or integrated into previous subjects."--Open Textbook Library.
Download or read book Constitutional Law written by Steven D. Jamar and published by Aspen Publishing. This book was released on 2017-02-28 with total page 1322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law: Power, Liberty, Equality presents most of the constitutional law cases generally considered canonical and, with one important exception, follows the tried and true organizational means widely used in constitutional law texts of dividing chapters and sections are along subject matter lines such as the Commerce Clause, equal protection, freedom of expression, and so on. Nonetheless, this book differs from other constitutional law textbooks in important ways. The text introduces cases by providing contextual information and by explicitly articulating much of the black letter law being introduced. Under this structure the cases provide the student with the opportunity to more easily see the difference between the doctrine per se and how it is actually developed and used by the Court. Cases become examples of the rules being applied and vehicles for deeper exploration of broader principles and themes.
Download or read book Liberty Justice and Equality written by James E. Leahy and published by McFarland. This book was released on 1992 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: American history abounds with the ideals of liberty, justice and equality. While to the framers of the constitution it was inherently clear that these were the goals of the new government, it has been the judiciary that has since shaped these guarantees. Many of the pivotal court cases since 1789 (including the June 1992 Pennsylvania abortion decision) dealing with liberty, justice and equality are examined. The focus is on the evolution of these ideals before the Supreme Court, the written opinions, and the people involved--judges and petitioners.
Download or read book Constructing Basic Liberties written by James E. Fleming and published by University of Chicago Press. This book was released on 2022-08-30 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.
Download or read book Equality and the Law written by Louis A. Warsoff and published by . This book was released on 1938 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: A discussion of equal rights and due process of the law as based on the Fourteenth amendment of the Constitution.
Download or read book American Equality and Justice written by Henry Churchill Semple and published by . This book was released on 1918 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Freedom s Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Download or read book Quest for Equality in Freedom written by Francis M. Wilhoit and published by Taylor & Francis. This book was released on 2023-04-14 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes and analyzes the gravest crisis now facing constitutional democracy: the fundamental conflict between liberal and egalitarian values. Particularly stressed in this analysis are such aspects of the crisis as its origins, ideological tensions, and public policy ramifications.
Download or read book Justice and Jurisprudence written by Brotherhood of Liberty and published by Philadelphia : J.B. Lippincott. This book was released on 1889 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equality and Liberty in the Golden Age of State Constitutional Law written by Jeffrey M Shaman and published by Oxford University Press. This book was released on 2008-04-14 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the New Judicial Federalism movement in the 1970s marked a sea-change in the history of state constitutional law by shifting the focus of power away from the central government in ways that had not occurred since the Equal Protection Clause was enacted in 1868. With New Judicial Federalism, many states rediscovered that they were empowered to enact their own constitutions and to interpret them as they saw fit, which enabled states to recognize civil rights and liberties beyond those recognized under the Federal Constitution. Equality and Liberty in the Golden Age of State Constitutional Law closely examines the evolution of the rights of liberty and equality under state constitutions from both a historical and jurisprudential perspective. In it, Professor Jeffrey M. Shaman explains that as New Judicial Federalism gained ground, state constitutional law became an important source for the protection of individual rights and liberties. States have since expanded the right of the citizen well beyond the limits of federal law by striking down laws that led to de facto segregation in public schools, discriminated against women, or allocated public benefits inequitably. State courts were the first to recognize a right of intimate association, spurring the U.S. Supreme Court to follow suit. Equality and Liberty in the Golden Age of State Constitutional Law is essential reading for anyone interested in this manifestation of law that has developed beyond the purview of national attention and in the resulting evolution of power in U.S. constitutional law.
Download or read book The Second Founding written by Ilan Wurman and published by Cambridge University Press. This book was released on 2020-11-12 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.
Download or read book For Liberty and Equality written by Alexander Tsesis and published by Oxford University Press. This book was released on 2012-06-01 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Declaration of Independence is one of the most influential documents in modern history-the inspiration for what would become the most powerful democracy in the world. Indeed, at every stage of American history, the Declaration has been a touchstone for evaluating the legitimacy of legal, social, and political practices. Not only have civil rights activists drawn inspiration from its proclamation of inalienable rights, but individuals decrying a wide variety of governmental abuses have turned for support to the document's enumeration of British tyranny. In this sweeping synthesis of the Declaration's impact on American life, ranging from 1776 to the present, Alexander Tsesis offers a deeply researched narrative that highlights the many surprising ways in which this document has influenced American politics, law, and society. The drafting of the Bill of Rights, the Reconstruction Amendments, the New Deal, the Civil Rights movement-all are heavily indebted to the Declaration's principles of representative government. Tsesis demonstrates that from the founding on, the Declaration has played a central role in American political and social advocacy, congressional debates, and presidential decisions. He focuses on how successive generations internalized, adapted, and interpreted its meaning, but he also shines a light on the many American failures to live up to the ideals enshrined in the document. Based on extensive research from primary sources such as newspapers, diaries, letters, transcripts of speeches, and congressional records, For Liberty and Equality shows how our founding document shaped America through successive eras and why its influence has always been crucial to the nation and our way of life.
Download or read book In All Fairness written by Richard A. Epstein and published by Independent Institute. This book was released on 2019-10-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Growing concern about inequality has led to proposals to remake American society according to ill-conceived and coercive "egalitarian" values that are fundamentally unfair. This unique book reveals the modern romance with equality as a destructive flirtation. The elites who advocate such notions claim they champion the poor—but more often than not the nostrums of this managerial class undermine, rather than advance, mass prosperity and human well-being. The authors of In All Fairness challenge all of the prevailing egalitarian ideas, including the claim that the country is riven by inequality in the first place. After all, our economy thrives with a division of labor that allows individuals who are unequal in interests and talents to pursue their own unique goals. Looked at in this way, equality is far more widespread than overheated rhetoric might lead one to expect—as factual data show. But it is an equality of a particularly valuable type—one arrived at, not by top-down attempts to impose economic uniformity, but by our respecting inviolable rules of fair play and the dignity of each person, a dignity that requires everyone to respect the voluntary transactions of others. This approach holds equity, liberty, diversity, and prosperity together. Would we want it any other way in America and anywhere around the world? The authors draw on economics, philosophy, religion, law, political science, and history to provide answers to a perennial question that especially agitates the American public today: Can the coercive powers of the state be used to achieve a kind of arithmetic equality? The authors, each in their own way, make a strong case that they should not be used in this fashion. Love inequality or loathe it, In All Fairness is full of key insights about the connections among fairness, liberty, equality and the quest for human dignity. You won't think about wealth and poverty, equality and inequality, in the same way ever again.
Download or read book Canadian Labour in Politics written by Gad Horowitz and published by University of Toronto Press. This book was released on 1968-12-15 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new study in Canadian politics discusses the role of socialism in Canada. By means of comparison between the English-Canadian and the American political importance of socialism in Canada than the United States. In this section Louis Hartz's theory of "fragment" cultures is carried forward and applied to Canada. The remainder of the book is devoted to a detailed historical study of the relationship between the labour movement and the socialist parties in Canada. It starts in the early years of the century and follows the story through to its significant conclusion—the support (and formation) by many Canadian unions of a labour party. The brilliant analysis of Canadian politics in Hartzian terms restores ideology to a place in our political culture, and the meticulous, objective recounting of labour's involved in the formation of the NDP is a timely and valuable contribution to our limited understanding of how Canadian political parties "live and move and have their being." The main sources used by the author were correspondence, minutes, and other materials in the files of the NDP and the Canadian Labour Congress, and personal interviews with labour leaders and socialist politicians. (Studies in the Structure of Power: Decision Making in Canada No. 4.)
Download or read book The Constitution on Campus written by William E. Thro and published by Rowman & Littlefield. This book was released on 2022-06-06 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a user-friendly guide to constitutional law in the context of public colleges and universities that is easily accessible to students, faculty members, and administrators. While this book will be helpful to lawyers, our primary audience is the educated layperson. Each of the book’s chapters discusses the basic constitutional principles and how they apply in the context of public higher education.
Download or read book Due Process written by Matt Bougie and published by Cavendish Square Publishing, LLC. This book was released on 2017-12-15 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: In society, there are ways to ensure people are protected under the law. This is through a method called due process. Readers will learn how due process functions in the government today, how the Constitution strives to protect this process and protect people from unfair laws, and how the process can be applied to everyday situations.
Download or read book Magna Carta written by Randy James Holland and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
