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Author: Lynne Curry Publisher: ISBN: Category : Family & Relationships Languages : en Pages : 184
Book Description
Joshua's story -- Child protection in the nineteenth and twentieth centuries -- The crime of child abuse -- DeShaney v. Winnebago County in the lower courts -- DeShaney v. Winnebago County in the U.S. Supreme Court -- "Poor Joshua!" DeShaney v. Winnebago County in the court of public opinion
Author: Lynne Curry Publisher: ISBN: Category : Family & Relationships Languages : en Pages : 184
Book Description
Joshua's story -- Child protection in the nineteenth and twentieth centuries -- The crime of child abuse -- DeShaney v. Winnebago County in the lower courts -- DeShaney v. Winnebago County in the U.S. Supreme Court -- "Poor Joshua!" DeShaney v. Winnebago County in the court of public opinion
Author: John R. Howard Publisher: State University of New York Press ISBN: 1438470509 Category : Political Science Languages : en Pages : 222
Book Description
In DeShaney v. Winnebago County Department of Social Services, a bitterly divided Supreme Court rejected a claim brought on behalf of five-year old Joshua DeShaney, left permanently disabled after sustained abuse, despite regular home visits by social workers charged with monitoring his welfare. In its decision the court asserted that the state has no duty to shield citizens from private violence, even those involved in their lives and knowing of their distress. Poor Joshua tracks the story from its origins in small town Wisconsin to the Supreme Court and chronicles the tragic consequences of the majority decision. John R. Howard shows how that decision became the rock on which later child abuse cases foundered, and how it echoes today in every newspaper story about society's failure to protect children. The continuing vitality of DeShaney, he argues, derives from a persistent sense that the decision is legally incorrect and profoundly at odds with the underlying values of the Constitution. The case is also about different visions of our social order and the relationship between "law" and "justice." Howard summarizes the substantial law review literature critical of the DeShaney decision and erects the scaffolding for a counterargument bringing law into a closer alignment with justice.
Book Description
Reimagined court opinions that address iconic issues in family law from a feminist perspective with timely commentaries on those issues.
Author: John R. Vile Publisher: Rowman & Littlefield Publishers ISBN: 1442203862 Category : Law Languages : en Pages : 574
Book Description
First published in 1954, this indispensable reference quickly became the gold standard for concise summaries of important U.S. Supreme Court cases. The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 15th edition has been extensively revised to ensure that it remains the most up-to-date resource available. An essential resource for law students, lawyers, and everyone interested in our nation's Constitution and the Supreme Court decisions that explicate it.
Author: Goodwin Liu Publisher: Oxford University Press ISBN: 0199752834 Category : Law Languages : en Pages : 274
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Kai Möller Publisher: Oxford University Press ISBN: 0199664609 Category : Law Languages : en Pages : 239
Book Description
The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.
Author: Elizabeth Bussiere Publisher: Penn State Press ISBN: Category : Law Languages : en Pages : 232
Book Description
Although focused on the Warren Court, the book explores Western political thought from the seventeenth through late twentieth centuries, draws on American social history from the Age of Jackson through the civil rights era of the 1960s, and utilizes current analytic methods, particularly the "new institutionalism."
Author: William Edward Nelson Publisher: ISBN: Category : Biography & Autobiography Languages : en Pages : 168
Book Description
This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.
Author: Linda Greenhouse Publisher: Oxford University Press ISBN: 0199930066 Category : Law Languages : en Pages : 144
Book Description
For thirty years, Linda Greenhouse, the Pulitzer Prize-winning author of The U.S. Supreme Court: A Very Short Introduction, chronicled the activities of the justices as the Supreme Court correspondent for the New York Times. In this concise volume, she draws on her deep knowledge of the court's history as well as of its written and unwritten rules to show the reader how the Supreme Court really works.
Author: Lynne Curry
Author: Lynne Curry
Author: John R. Howard
Author: Rachel Rebouché
Author: John R. Vile
Author: J. Eric Smithburn
Author: Goodwin Liu
Author: Kai Möller
Author: Elizabeth Bussiere
Author: William Edward Nelson
Author: Linda Greenhouse