Reflections on Constitutional Law


Author: George Anastaplo
Publisher: University Press of Kentucky
ISBN: 9780813171340
Category: Law
Page: 288
View: 993
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Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is said—what considerations it weighed and how—than it is to know what it is recorded that the Court “decided.” In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence.

Constitutional Law, Administrative Law, and Human Rights

A Critical Introduction
Author: Ian Loveland
Publisher: Oxford University Press
ISBN: 0198804687
Category: Administrative law
Page: 744
View: 7364
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Constitutional Law, Administrative Law, and Human Rights provides an introduction to public law which draws on developments in politics, the law and society to help the reader gain a fundamental appreciation of the law in its wider context. In addition, it explores the latest ongoing debates around potential constitutional reforms and the author's stimulating style encourages critical analysis. Online resources This book is accompanied by the following online resources: - a fully-integrated online casebook, with edited versions of leading cases and relevant legislation - a selection of mind-maps to help with revision - bonus chapters on the history of the EU - suggested tutorial outlines for lecturers

Constitutional Law For Dummies


Author: Smith,Patricia Fusco
Publisher: John Wiley & Sons
ISBN: 1118023781
Category: Law
Page: 384
View: 720
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Explains the intricacies and applications of the United States Constitution in easy-to-understand language.

Constitutional Law

Being a Collection of Points Arising Upon the Constitution and Jurisprudence of the United States, which Have Been Settled, by Judicial Decision and Practice
Author: Thomas Sergeant
Publisher: N.A
ISBN: N.A
Category: Constitutional law
Page: 415
View: 2781
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Constitutional Law


Author: Jacqueline Kanovitz
Publisher: Routledge
ISBN: 1317523903
Category: Law
Page: 832
View: 505
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Presents an up-to-date analysis of critical constitutional issues. Special attention is given to issues of greatest concern to criminal justice personnel — detention, arrest, search and seizure, interrogations and confessions, self-incrimination, due process, and right to counsel. Also includes constitutional aspects of criminal and civil liabilities of justice personnel, and constitutional and civil rights in the workplace. Part II presents key cases to assist in interpreting the constitutional provisions.

Understanding Constitutional Law


Author: Norman Redlich,John B. Attanasio,Joel K. Goldstein
Publisher: LexisNexis
ISBN: 1422486605
Category: Law
Page: 870
View: 5878
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Understanding Constitutional Law covers all of the central concepts and issues students encounter in any basic constitutional law course. Structure of Government issues revolve around the twin themes of federalism and separation of powers. Individual rights and liberties follow a concept organization-Due Process, Equal Protection, and First Amendment. Clearly written and authoritative, Understanding Constitutional Law addresses the central concepts and issues students encounter in most Constitutional Law casebooks. "Structure of government" issues revolve around the twin themes of federalism and separation of powers. Individual rights and liberties follow a concept organization - Due Process, Equal Protection, and First Amendment.

Great Cases in Constitutional Law


Author: Robert P. George
Publisher: Princeton University Press
ISBN: 1400882729
Category: Law
Page: 216
View: 4854
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Slavery, segregation, abortion, workers' rights, the power of the courts. These issues have been at the heart of the greatest constitutional controversies in American history. And in this concise and thought-provoking volume, some of today's most distinguished legal scholars and commentators explain for a general audience how five landmark Supreme Court cases centered on those controversies shaped the country's destiny and continue to affect us even now. The book is a profound exploration of the Supreme Court's importance to America's social and political life. It is also, as many of the contributors show, an intriguing reflection of what some have seen as an important trend in legal scholarship away from an uncritical belief in the essentially benign nature of judicial power. Robert George opens with an illuminating survey of the themes that unite and divide the five cases. Other contributors then examine each case in detail through a lively commentary-and-response format. Mark Tushnet and Jeremy Waldron exchange views on Marbury v. Madison, the pivotal 1803 case that established the power of the courts to invalidate legislation. Cass Sunstein and James McPherson discuss Dred Scott v. Sandford (1857), the notorious case that confirmed the rights of slaveowners, declared that black people could not be American citizens, and is often seen as a cause of the Civil War. Hadley Arkes and Donald Drakeman explore the legacy of Lochner v. New York (1905), a case that ushered in decades of judicial hostility to social welfare laws. Earl Maltz and Walter Murphy assess Brown v. Topeka Board of Education (1954), the famous case that ended racial segregation in public schools. Finally, Jean Bethke Elshtain and George Will tackle Roe v. Wade (1973), still a flashpoint a quarter of a century later in the debate over abortion. While some of the contributors show sympathy for strong judicial interventions on social issues, many across the ideological spectrum are sharply critical of judicial activism. A compelling introduction to the greatest cases in U.S. constitutional law, this is also an enlightening glimpse of the state of the art in American legal scholarship.

Constitutional Law Stories


Author: Michael C. Dorf
Publisher: N.A
ISBN: N.A
Category: Law
Page: 561
View: 2145
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This publication provides a student with an understanding of 15 leading U.S. constitutional law cases, focusing on how the litigation was shaped by lawyers, judges and socioeconomic factors, and why the cases have attained landmark status. It is suitable for adoption as a supplement in an introductory constitutional law course, or as a text for an advanced seminar.

Constitutional Law for Criminal Justice


Author: Jacqueline R. Kanovitz
Publisher: Routledge
ISBN: 1317548272
Category: Social Science
Page: 902
View: 5578
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Criminal justice professionals often do not receive the training they need to recognize the constitutional principles that apply to their daily work. Constitutional Law for Criminal Justice offers a way to solve this problem by providing a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect criminal justice professionals. Chapter 1 summarizes the organization and content of the Constitution, the Bill of Rights, and the Fourteenth Amendment. The next eight chapters cover the constitutional principles that regulate investigatory detentions, traffic stops, arrests, use of force, search and seizure, technologically assisted surveillance, the Wiretap Act, interrogations and confessions, self-incrimination, witness identification procedures, the right to counsel, procedural safeguards during criminal trials, First Amendment issues relevant to law enforcement, capital punishment, and much more. The final chapter covers the constitutional rights of criminal justice professionals in the workplace, their protection under Title VII of the Civil Rights Act, and their accountability under 42 U.S.C. § 1983 for violating the constitutional rights of others. Part II contains abstracts of key judicial decisions exemplifying how the doctrines covered in earlier chapters are being applied by the courts. The combination of text and cases creates flexibility in structuring class time. Constitutional Law for Criminal Justice makes complex concepts accessible to students in all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key Terms and Concepts are defined in the Glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, student-friendly textbook that has remained a leader in criminal justice education for more than 45 years.

Constitutional Law

Cases, Materials, and Problems
Author: Russell L. Weaver,Steven I. Friedland,Catherine Hancock,Bryan K. Fair,John C. Knechtle,Richard D. Rosen
Publisher: Wolters Kluwer Law & Business
ISBN: 145488732X
Category: Law
Page: 1888
View: 5120
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Constitutional Law: Cases, Materials, and Problems, Fourth Edition uses a thought-provoking problem approach that 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, and shorter notes accompany the problems.

Constitutional Law

Cases in Context
Author: Randy E. Barnett,Josh Blackman
Publisher: Wolters Kluwer Law & Business
ISBN: 1454892889
Category: Law
Page: 1744
View: 3687
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Constitutional Law: Cases in Context, Third Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life.

Commonwealth Caribbean Constitutional Law


Author: Fred Phillips
Publisher: Routledge
ISBN: 1135338051
Category: Law
Page: 424
View: 3729
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This book includes the reforms proposed by the various Caribbean Commissions since 1985, making it a comprehensive guide to constitutional law in the Caribbean. It outlines sources of the law and developing changes in the doctrine of sovereignty of Parliament and the Conventions of the Constitution as well as in the role of the Public Service. There is also an expanded commentary on the Caribbean judiciary in which special reference is made to the proposed Caribbean Court of Justice.Caribbean Constitutional Law will be valuable to students of law and political science and practitioners wishing to renew their acquaintance with the basic concepts of constitutional law.

The Elements of Constitutional Law


Author: Daniel Raymond
Publisher: N.A
ISBN: N.A
Category: Constitutional law
Page: 120
View: 1558
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Constitutional Law in Hungary


Author: N.A
Publisher: Kluwer Law International
ISBN: 9041133054
Category: Law
Page: 340
View: 6900
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Human Rights, Constitutional Law and Belonging

The Right to Equal Belonging in a Democratic Society
Author: Elena Drymiotou
Publisher: Routledge
ISBN: 1351579738
Category: Law
Page: 234
View: 2576
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While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most influential theories on the theory suggested by Drymiotou. Elena Drymiotou suggests understanding the right to equal protection of the laws in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. Human Rights and Equal Belonging in a Democratic Society is the starting point of a more comprehensive theory of the right to democratic belonging. It will be of interest both to students at an advanced level, academics and reflective practitioners. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers and students in the fields of human rights law, constitutional law and legal theory.

Constitutional Law

Cases, Approaches, and Applications
Author: William D. Araiza
Publisher: N.A
ISBN: 9781611637298
Category:
Page: 1114
View: 5109
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Constitutional Law: Cases, Approaches, and Applications is a succinct and careful presentation of canonical constitutional law cases and important constitutional law statements from the political branches. Additionally, its annual supplement includes material based on recent appellate cases applying Supreme Court constitutional doctrine. Its main features include: relatively longer excerpts of relatively fewer cases, carefully edited to preserve citations to relevant precedent. This feature allows professors to engage students about appropriate use of precedent. The book also includes note material that connects the featured cases, thus providing the students with a comprehensive explanation of the law in a manageable number of pages. Thematic, as well as topical, organization, which allows professors to explore particular jurisprudential approaches. For example, much of the equal protection material is organized around the Court¿s use, and eventual abandonment, of suspect class analysis. An annual supplement that, in addition to excerpting the Supreme Court¿s most recent constitutional law opinions, also features appellate cases applying the Court¿s constitutional law doctrines, in the form of excerpts, notes, or problems. This feature helps students understand how the Court¿s often-vague statements of constitutional law are actually applied. It also teaches the fundamental (but often-unlearned) reality that practicing lawyers need to know not just what the Supreme Court has said about a particular issue, but how the relevant lower court jurisdiction has understood that statement. Moreover, providing these cases as problems allows students to work through the implications of a Supreme Court decision in a concrete, real-life context.

Sources of Constitutional Law

Constitutions and Fundamental Legal Provisions from the United States, France, Germany, the Netherlands, the United Kingdom, the ECHR and the EU
Author: Philipp Kiiver
Publisher: Europa Law Publishing
ISBN: 9789089520906
Category: Law
Page: 134
View: 6867
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This volume contains important constitutional and legislative texts from the United States, France, Germany, the Netherlands and the United Kingdom, as well as provisions from the European Convention on Human Rights and the Treaty on European Union. It helps students to work with, and to cite, written sources of constitutional law from various systems. All texts are reproduced in the original or authentic English or are freshly translated into English under critical editorship. Unlike many other translations, this volume remains true to the content, style and syntax of the original texts. This allows the reader to appreciate not only the substance but also the authentic form - and the beauty of old-fashioned or cryptic language - of constitutional sources. This second edition not only updates but also expands the first edition. Provisions that had been omitted, for editorial reasons, in the first edition are now included. The Constitutions of the US, France and Germany, the Charter and Constitution of the Kingdom of the Netherlands, and the European Convention on Human Rights are now rendered in full; the French Declaration of 1789 as well as selected institutional provisions from the Treaty on European Union have been added. Selected provisions from electoral codes and UK legislation are again included. The Maastricht Collection, a larger compilation of legal provisions which is also published by Europa Law Publishing, covers not only public law but also private law.

Florida Constitutional Law

Cases and Materials
Author: John Frederick Cooper,Tishia A. Dunham,Carlos L. Woody
Publisher: N.A
ISBN: 9781611630848
Category: Law
Page: 852
View: 4318
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Florida Constitutional Law, a casebook used in Florida since 1992, is now in its fifth edition. Authors Cooper, Dunham and Woody include the functions of a state constitution and how the Florida constitution is amended; separation of power issues; the major constitutional limits on legislative power; the constitutional jurisdiction of Florida courts, as well as the separation of powers limits on the courts that resemble the Article III limits on federal judicial power; units of local government and their relationship to the state and each other; the major constitutional limitations on taxation and borrowing; a selected review of various provisions of the Declaration of Rights, including Florida¿s privacy guarantee (which is far more extensive than privacy under the United States Constitution); and Florida's homestead provision. The authors have made this edition more user friendly than the fourth edition and have created an accompanying teacher¿s manual.

The Oxford Handbook of Comparative Constitutional Law


Author: Michel Rosenfeld,András Sajó
Publisher: Oxford University Press
ISBN: 0199578613
Category: Law
Page: 1396
View: 8886
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The field of comparative constitutional law is vast and diverse, international and interdisciplinary. The first single source of reference on the topic, the entries in Handbook are written by leading authorities and discuss the most important subjects in the field, covering the history and development of the discipline, core concepts, structure and interpretations, institutions, rights, and emerging trends. It is an invaluable resource for everyone in the field.

The Internet and Constitutional Law

The protection of fundamental rights and constitutional adjudication in Europe
Author: Oreste Pollicino,Graziella Romeo
Publisher: Routledge
ISBN: 1317407997
Category: Law
Page: 264
View: 2039
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This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.