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Author: James E. Pfander Publisher: Oxford University Press ISBN: 0197571409 Category : Law Languages : en Pages : 281
Book Description
The origins of uncontested adjudication -- Uncontested proceedings on federal dockets in the early Republic -- Probate and domestic relations proceedings -- The nineteenth-century perspective on federal judicial power -- The judicial response to the administrative state -- The progressive response to Lochner : limiting justiciability -- The new adverse-party rule confronts judicial practice -- Uncontested adjudication and the modern case-or-controversy rule -- Evaluating defenses of a requirement of adverse interests -- Uncontested adjudication and standing to sue -- A practical guide to uncontested adjudication -- Toward a constructive constitutional history.
Author: James E. Pfander Publisher: Oxford University Press ISBN: 0197571409 Category : Law Languages : en Pages : 281
Book Description
The origins of uncontested adjudication -- Uncontested proceedings on federal dockets in the early Republic -- Probate and domestic relations proceedings -- The nineteenth-century perspective on federal judicial power -- The judicial response to the administrative state -- The progressive response to Lochner : limiting justiciability -- The new adverse-party rule confronts judicial practice -- Uncontested adjudication and the modern case-or-controversy rule -- Evaluating defenses of a requirement of adverse interests -- Uncontested adjudication and standing to sue -- A practical guide to uncontested adjudication -- Toward a constructive constitutional history.
Author: James E. Pfander Publisher: Oxford University Press ISBN: 0197571425 Category : Law Languages : en Pages : 189
Book Description
This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction. Said to rest on the so-called "case-or-controversy" requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power.
Author: Paul Finkelman Publisher: Bloomsbury Publishing USA ISBN: Category : Political Science Languages : en Pages : 2279
Book Description
An insightful, chronological—by chief justice—examination of the Supreme Court that enables students and readers to understand and appreciate the constitutional role the Court plays in American government and society. American citizens need to understand the importance of the Supreme Court in determining how our government and society operates, regardless of whether or not they agree with the Court's opinions. Unfortunately, the role and powers of the third branch of government are not well understood by the American public. After an introduction and overview to the history of the Supreme Court from 1789 to 2013, this book examines the Court's decisions chronologically by Chief Justice, allowing readers to grasp how the role and powers of the Court have developed and shifted over time. The chapters depict the Court as the essential agent of review and an integrated part of the government, regardless of the majority/minority balance on the Court, and of which political party is in the White House or controlling the House or Senate.
Author: Paul H. Robinson Publisher: Aspen Publishing ISBN: 1543809014 Category : Law Languages : en Pages : 1120
Book Description
Criminal Law: Case Studies and Controversies eschews traditional reliance on judicial opinions in favor of an innovative and dynamic method of criminal law instruction that is centered on statutory interpretation and case studies. Examination of real-world problems allows first-year law students to not only develop familiarity with the criminal law doctrine necessary for potential careers as prosecutors or defense attorneys, but also hone crucial skills for lawyering in general. Provocative case studies provide background for engaging class discussion and challenge students to tackle applying doctrine in real-world situations. When useful, the book provides actual cases from a variety of jurisdictions to further illuminate the concepts with which students have already been forced to grapple. New to the Fifth Edition: Additional and updated case studies and discussion material informed by the professors’ teaching experiences and designed to reinforce issues at the forefront of modern criminal law Streamlined chapters throughout the whole casebook for a more efficient and concise textbook. Professors and students will benefit from: Use of an innovative case studies method – Each topic area includes a detailed story about the people and events leading up to the offense Inclusion of photographs related to the crimes so students can better contextualize issues “Core opinions” of central historical, theoretical, or doctrinal importance in each subject-area section Provocative and timely principal cases from a wide variety of jurisdictions, each followed by the statutes that existed in the jurisdiction at the time of the offense Treatise-like summaries of law in each topic area give students an overview of the law, introduce the underlying theoretical principles, and provide context
Author: Paul H. Robinson Publisher: Aspen Publishers ISBN: 9781567064957 Category : Criminal law Languages : en Pages : 0
Book Description
In his student treatise, noted authority Paul Robinson uses the Model Penal Code, realistic hypotheticals, and lucid explanations to describe the existing rules of American criminal law. (In fact, professors consistantly remark on how well written and clear Robinson's text is.) He explains the reasoning behind those rules, The interrelation among them, and their application. Robinson gives the MPC's position on each topic, along with the most common deviations from it. Rather than viewing each rule in isolation, he examines each part of criminal law as a piece of a machine for determining criminal liability. The six parts of the book define those interrelationships: Introduction General Principles in the Definition of Offenses Principles of Imputation General Defenses Inchoate Liability Specific Offenses Since lawyers who know the reasoning of the drafters have a powerful advantage in arguing for a particular interpretation of a code provision, Robinson points students to important bibliographic sources at the end of each section. Each chapter starts with a hypothetical based on a real case. Throughout the chapter, Robinson refers back To The hypothetical, using it as a vehicle to analyze and clarify abstract concepts. Numerous footnotes, case references, and bibliographies make this text a lasting research tool. For a meaningful exploration of this fascinating area of study, you can depend on Paul Robinson's Criminal Law . Be sure to recommend this vital work to your next criminal law class.
Author: Donald C. Menzel Publisher: CRC Press ISBN: 1439806918 Category : Political Science Languages : en Pages : 300
Book Description
Ethical concerns are among the most common problems public administrators face, yet the issues are often complex, and the correct choices are not always clear. Living up to the public trust is much more than just an act of compliance. It also involves perceiving, preventing, avoiding, and resolving accusations of illegal or unethical behavior, including appearances of inappropriate behavior. Ethics Moments in Government: Cases and Controversies examines how to identify, assess, and resolve the ethical issues and dilemmas that often confront those who govern the cities, counties, states, and federal agencies throughout America. Real Situations, Real Advice Providing a one-stop resource for all those who must contend with thorny ethical issues, this volume presents case studies that vary in complexity and context and are based on real situations. Each case scenario is followed by discussion questions and case assessments by expert practitioners who describe how they would handle the situation. Using a "total immersion" technique, the book encourages readers to be reflexive and analytical in addressing the problems presented and arriving at appropriate solutions. A supplemental CD is included which contains PowerPoint® slide presentations, articles, workshop programs, tests, and links to organizations. For many of the scenarios presented in this volume, there are no easy answers. Practical guidance on reasoning through difficult decision-making situations enables public administrators to acquire the ethical knowledge, skills, abilities, and instincts that will ultimately help them gain the trust of their citizens and advance in their careers.
Author: Matthew Lippman Publisher: SAGE Publications ISBN: 1544308124 Category : Social Science Languages : en Pages : 1380
Book Description
A book that students find interesting and instructors consider educationally valuable, this Fifth Edition of Contemporary Criminal Law combines traditional concepts with thought-provoking cases and engaging learning tools. Taking a casebook approach, the text covers both foundational and emerging legal topics such as terrorism, gangs, cybercrime, and hate crimes, illustrated by real-life examples that students connect with. Clear explanations of criminal law and defenses are complemented by provocative, well-edited cases followed by discussion questions to stimulate critical thinking and in-class discussion. The book provides a contemporary perspective on criminal law that encourages students to actively read and analyze the text. The Fifth Edition is enhanced throughout by new cases that offer the most up-to-date coverage of evolving legal opinions and developments in criminal law. New to This Edition New cases illuminate important concepts, including decisions on criminal acts, criminal intent, parties, corporate crime, kidnapping, identity theft, computer crime, prostitution, terrorism, and more. One or more new You Decide sections in most chapters clarify concepts to illustrate the complexity of legal analysis and enhance the interactive character of the text. Additional hypothetical problems are available on the companion site. New Crime in the News features look at recent events such as the criminal trial of Dylann Roof, the dark web, and the leaking of confidential government documents to help students apply important concepts to real-world scenarios. New and expanded discussions of critical topics cover the Second Amendment and gun control, the Trump administration's stance on marijuana, sentencing guidelines, and criminal defenses.
Author: Peter Irons Publisher: Perseus Books Group ISBN: 9781565846807 Category : Law Languages : en Pages : 624
Book Description
Peter Irons is the renowned constitutional scholar whose innovative book-and-tape set, May It Please the Court, brought the inner workings of the Supreme Court to the American public for the first time. Now, Irons has created a genuinely new approach to constitutional law in his latest effort to educate Americans about the legal system: a casebook, the first of its kind, that includes the seminal cases that make up our country's legal legacy and pairs them with material that sheds light on the political milieu in which these decisions were made. Including excerpts from over sixty landmark decisions in civil rights and civil liberties cases, Cases and Controversies also contains newspaper articles, transcripts of legislative hearings, essays from journals of political and social opinion, statements of concerned interest groups, and a wealth of other primary source material that links what's going on inside the court with what's going on outside of it. A major boon for teachers of undergraduate courses in constitutional law, political science, civil rights and liberties, and the Supreme Court, Cases and Controversies is a fascinating window onto the law for all Americans.
Author: Rebecca J. Cook Publisher: University of Pennsylvania Press ISBN: 0812209990 Category : Political Science Languages : en Pages : 482
Book Description
It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.
Author: James E. Pfander
Author: James E. Pfander
Author: James E. Pfander![The Supreme Court [4 volumes] PDF](https://books.google.com/books/content/images/frontcover/gEXPEAAAQBAJ?fife=w80-h100)
Author: Paul Finkelman
Author: Paul H. Robinson
Author: Paul H. Robinson
Author: United States. Supreme Court
Author: Donald C. Menzel
Author: Matthew Lippman
Author: Peter Irons
Author: Rebecca J. Cook