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Book Brief Amici Curiae of Scholars and Academics of Constitutional Law

Download or read book Brief Amici Curiae of Scholars and Academics of Constitutional Law written by and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Brief Amici Curiae of Constitutional Law Scholars

Download or read book Brief Amici Curiae of Constitutional Law Scholars written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Brief Amici Curiae of Constitutional Law Scholars Michael C  Dorf  et al

Download or read book Brief Amici Curiae of Constitutional Law Scholars Michael C Dorf et al written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Brief for Amici Curiae Scholars of Constitutional Law and Legal History Supporting the First Circuit s Ruling on the Appointments Clause Issue

Download or read book Brief for Amici Curiae Scholars of Constitutional Law and Legal History Supporting the First Circuit s Ruling on the Appointments Clause Issue written by and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Academic Freedom

    Book Details:
  • Author : David M. Rabban
  • Publisher : Harvard University Press
  • Release : 2024-08-13
  • ISBN : 0674297814
  • Pages : 381 pages

Download or read book Academic Freedom written by David M. Rabban and published by Harvard University Press. This book was released on 2024-08-13 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The best kind of scholarship—deeply researched and immensely useful. Wherever you stand on issues of free speech and academic freedom, you will learn from this book.” —Michael Roth, President of Wesleyan University and author of Safe Enough Spaces A definitive interpretation of academic freedom as a First Amendment right, drawing on a comprehensive survey of legal cases. Is academic freedom a First Amendment right? Many think so, yet its relationship to free speech as guaranteed by the Constitution is anything but straightforward. David Rabban examines the extensive case law addressing academic freedom and free speech at American universities, developing a robust theory of academic freedom as a distinctive subset of First Amendment law. In subsuming academic freedom under the First Amendment, Rabban emphasizes the societal value of the contribution to knowledge made by the expert speech of professors, the classic justification for academic freedom in the influential 1915 Declaration of the American Association of University Professors (AAUP). Any indication that professors might be disciplined because people without academic training disagree with their scholarly views would undermine confidence in the integrity of their work and therefore their ability to perform this vital function on behalf of the public. Rabban argues that academic freedom fosters two central First Amendment values recognized by courts in a wide range of contexts: the production and dissemination of knowledge and the contribution of free expression to democratic citizenship. The First Amendment right of academic freedom applies most directly to professors, but it also plausibly extends to the educational decisions of universities and to students’ learning interests. More broadly, this vision of academic freedom can guide in developing additional distinctive First Amendment rights to protect the expert expression of journalists, librarians, museum curators, and other professionals. At a time when academic freedom is under attack from many directions, Academic Freedom proposes a theoretically satisfying and practically useful guide to its meaning as a First Amendment right.

Book Brief Amici Curiae of Constitutional Law Professors

Download or read book Brief Amici Curiae of Constitutional Law Professors written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Managed Speech

    Book Details:
  • Author : Gregory P. Magarian
  • Publisher : Oxford University Press
  • Release : 2017-03-07
  • ISBN : 0190466812
  • Pages : 297 pages

Download or read book Managed Speech written by Gregory P. Magarian and published by Oxford University Press. This book was released on 2017-03-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.

Book Chimpanzee Rights

    Book Details:
  • Author : Kristin Andrews
  • Publisher : Routledge
  • Release : 2018-08-30
  • ISBN : 0429865619
  • Pages : 124 pages

Download or read book Chimpanzee Rights written by Kristin Andrews and published by Routledge. This book was released on 2018-08-30 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2013, an organization called the Nonhuman Rights Project has brought before the New York State courts an unusual request—asking for habeas corpus hearings to determine whether Kiko and Tommy, two captive chimpanzees, should be considered legal persons with the fundamental right to bodily liberty. While the courts have agreed that chimpanzees share emotional, behavioural, and cognitive similarities with humans, they have denied that chimpanzees are persons on superficial and sometimes conflicting grounds. Consequently, Kiko and Tommy remain confined as legal "things" with no rights. The major moral and legal question remains unanswered: are chimpanzees mere "things", as the law currently sees them, or can they be "persons" possessing fundamental rights? In Chimpanzee Rights: The Philosophers’ Brief, a group of renowned philosophers considers these questions. Carefully and clearly, they examine the four lines of reasoning the courts have used to deny chimpanzee personhood: species, contract, community, and capacities. None of these, they argue, merits disqualifying chimpanzees from personhood. The authors conclude that when judges face the choice between seeing Kiko and Tommy as things and seeing them as persons—the only options under current law—they should conclude that Kiko and Tommy are persons who should therefore be protected from unlawful confinement "in keeping with the best philosophical standards of rational judgment and ethical standards of justice." Chimpanzee Rights: The Philosophers’ Brief—an extended version of the amicus brief submitted to the New York Court of Appeals in Kiko’s and Tommy’s cases—goes to the heart of fundamental issues concerning animal rights, personhood, and the question of human and nonhuman nature. It is essential reading for anyone interested in these issues.

Book Constitutional Engagement in a Transnational Era

Download or read book Constitutional Engagement in a Transnational Era written by Vicki Jackson and published by Oxford University Press. This book was released on 2013-02-15 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, supranational infrastructures of human rights and trade law, and growing comparative judicial awareness. This new environment is reflected in increasing cross-national references in constitutional court decisions around the world. The constellation of legal orders in which established constitutional regimes operate has changed - there are more bodies generating law, more international legal sources, and more multi-national interactions that bring into view various legal orders. How do these transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases? Constitutional Engagement in a Transnational Era explores this question, looking at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law. For the United States, the book argues for cautious engagement by the Supreme Court with transnational sources of law in interpreting the national constitution. Constitutional Engagement in a Transnational Era offers law school students and professors an authoritative study of comparative constitutional law by one of the most important scholars of domestic and comparative constitutional law. The book defines how international comparative experiences are relevant to constitutional analysis and discusses in detail the multiple possible connections between international law and constitutional law including a comparative overview of constitutional law in Australia, Canada, France, Germany, India, Israel, South Africa, the United Kingdom, and the United States.