Due Process of Law and the Equal Protection of the Laws; a Treatise Based, in the Main, on the Cases in Which the Supreme Court of the United States H PDF Download
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Author: Hannis Taylor Publisher: Theclassics.Us ISBN: 9781230393254 Category : Languages : en Pages : 340
Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ... the former less serious to corporations. On the other hand, the threat of extinction or ouster is not monstrous, and yet is likely to, achieve the result with corporations, while it would be extravagant as applied to men. Hence, this difference is justifiable. Standard Oil Co. v. Tennessee ex rel. Cates, 217 U. S. 413. 572. Appeal by government in criminal case. Congress could, by the act of March 2, 1907, authorize the government to bring up a criminal case from a Federal Circuit Court to the Supreme Court when a demurrer to an indictment has been sustained, although the same privilege is denied the accused when the indictment is sustained, --even assuming that the United States is bound to afford the equal protection of the laws to persons within its jurisdiction. The Supreme Court has decided that the right of appeal is not essential to due process of law. Even if the explicit clause of the Fourteenth Amendment, forbidding a state to deny to any person within its jurisdiction the equal protection of its laws, can be said to apply to the United States, it can have no broader meaning when so applied, than when applied to the states. Even assuming that Congress may not discriminate in its legislation, it certainly has the power of classification, and the act in question is well within such power. United States v. Heinze, 218 U. S. 532. 573. Classification of prisoners committing assaults. Singling out convicts serving life sentences in a state prison as proper subjects for the imposition of the death penalty, as is done by the California penal code, in case they shall, with malice aforethought, commit an assault upon the person of another with a deadly weapon or instrument, or by any means of force likely to produce great...
Author: Hannis Taylor Publisher: Theclassics.Us ISBN: 9781230393254 Category : Languages : en Pages : 340
Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ... the former less serious to corporations. On the other hand, the threat of extinction or ouster is not monstrous, and yet is likely to, achieve the result with corporations, while it would be extravagant as applied to men. Hence, this difference is justifiable. Standard Oil Co. v. Tennessee ex rel. Cates, 217 U. S. 413. 572. Appeal by government in criminal case. Congress could, by the act of March 2, 1907, authorize the government to bring up a criminal case from a Federal Circuit Court to the Supreme Court when a demurrer to an indictment has been sustained, although the same privilege is denied the accused when the indictment is sustained, --even assuming that the United States is bound to afford the equal protection of the laws to persons within its jurisdiction. The Supreme Court has decided that the right of appeal is not essential to due process of law. Even if the explicit clause of the Fourteenth Amendment, forbidding a state to deny to any person within its jurisdiction the equal protection of its laws, can be said to apply to the United States, it can have no broader meaning when so applied, than when applied to the states. Even assuming that Congress may not discriminate in its legislation, it certainly has the power of classification, and the act in question is well within such power. United States v. Heinze, 218 U. S. 532. 573. Classification of prisoners committing assaults. Singling out convicts serving life sentences in a state prison as proper subjects for the imposition of the death penalty, as is done by the California penal code, in case they shall, with malice aforethought, commit an assault upon the person of another with a deadly weapon or instrument, or by any means of force likely to produce great...
Author: Adam Winkler Publisher: Liveright Publishing ISBN: 0871403846 Category : Law Languages : en Pages : 384
Book Description
A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Author: Adam Lamparello Publisher: Routledge ISBN: 1315407760 Category : Law Languages : en Pages : 295
Book Description
This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court’s decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I–V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court’s reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices’ judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.
Author: Sotirios A. Barber Publisher: Oxford University Press ISBN: 0199745072 Category : Law Languages : en Pages : 218
Book Description
Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically critique the competing approaches - textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism - that aim and claim to avoid a philosophic approach. Constitutional Interpretation: The Basic Questions illustrates that these approaches cannot avoid philosophic reflection and choice in interpreting the Constitution. Barber and Fleming contend that fidelity in constitutional interpretation requires a fusion of philosophic and other approaches, properly understood. Within such a fusion, interpreters would begin to think of text, consensus, intentions, structures, and doctrines not as alternatives to, but as sites of philosophic reflection about the best understanding of our constitutional commitments. Constitutional Interpretation: The Basic Questions, examines the fundamental inquiries that arise in interpreting constitutional law. In doing so, the authors survey the controversial and intriguing questions that have stirred constitutional debate in the United States for over two centuries, such as: how and for what ends should governmental institutions and powers be arranged; what does the Constitution mean under general circumstances and how should it be interpreted during concrete controversies; and finally how do we decide what our constitution means and who ultimately decides its meaning.
Author: James E. Fleming Publisher: University of Chicago Press ISBN: 0226821412 Category : Law Languages : en Pages : 285
Book Description
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.
Author: William A. Kaplin Publisher: John Wiley & Sons ISBN: 1119271916 Category : Law Languages : en Pages : 1061
Book Description
A single-volume text that distills information for students Based on the sixth edition of Kaplin and Lee’s indispensable guide to the law that bears on the conduct of higher education, The Law of Higher Education, Sixth Edition: Student Version provides an up-to-date reference and guide for coursework in higher education law and programs preparing law students and higher education administrators for leadership roles. This student edition discusses the most significant areas of the law for college and university attorneys and administrators. Each chapter is introduced by a discussion of key terms and topics the students will encounter, and the book includes materials from the full sixth edition that are most relevant to student interests and classroom instruction. It also contains a “crosswalk” that keys sections of the Student Edition to counterpart sections of the two-volume treatise. Complements the full version Includes a glossary of legal terms and an appendix on how to read legal material for students without legal training Discusses key terms in each chapter Concentrates on key topics students will need to know This is fundamental reading for law students preparing for careers in higher education law and for graduate students in higher education administration programs.
Author: Hannis Taylor
Author: Hannis Taylor
Author: Hannis Taylor
Author: Adam Winkler
Author: Susan E. Lawrence
Author: Adam Lamparello
Author: Sotirios A. Barber
Author: United States. Supreme Court
Author: James E. Fleming
Author: Peter W. Lewis
Author: William A. Kaplin