Managed Speech

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Publisher : Oxford University Press
ISBN 13 : 0190466812
Total Pages : 297 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Managed Speech by : Gregory P. Magarian

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.

The First Amendment and the Business Corporation

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Publisher :
ISBN 13 : 0199335672
Total Pages : 258 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The First Amendment and the Business Corporation by : Ronald J. Colombo

Download or read book The First Amendment and the Business Corporation written by Ronald J. Colombo and published by . This book was released on 2015 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the business corporation in modern society is a controversial one. Some fear and object to corporate power and influence over governments and culture. Others embrace the corporation as a counterweight to the State and as a vehicle to advance important private objectives. A flashpoint in this controversy has been the First Amendment to the U.S. Constitution, which enshrines the fundamental rights of freedom to speech, religion, and association. The extent to which a corporation can avail itself of these rights goes a long way in defining the corporation's role. Those who fear the corporation wish to see these rights restricted, while those who embrace it wish to see these rights recognized. The First Amendment and the Business Corporation explores the means by which the debate over the First Amendment rights of business corporations can be resolved. By recognizing that corporations possess constitutionally relevant differences, we discover a principled basis by which to afford some corporations the rights and protections of the First Amendment but not others. This is critically important, because a "one-size-fits-all" approach to corporate constitutional rights seriously threatens either democratic government or individual liberty. Recognizing rights where they should not be recognized unnecessarily augments the already considerable power and influence that corporations have in our society. However, denying rights where they are due undermines the liberty of human beings to create, patronize, work for, and invest in companies that share their most cherished values and beliefs.

Deciding to Decide

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Publisher : Harvard University Press
ISBN 13 : 9780674042063
Total Pages : 332 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Deciding to Decide by : H. W. Perry

Download or read book Deciding to Decide written by H. W. Perry and published by Harvard University Press. This book was released on 2009-06-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.

The Supreme Court Bar

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Publisher : University of Virginia Press
ISBN 13 : 9780813914497
Total Pages : 284 pages
Book Rating : 4.9/5 (144 download)

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Book Synopsis The Supreme Court Bar by : Kevin T. McGuire

Download or read book The Supreme Court Bar written by Kevin T. McGuire and published by University of Virginia Press. This book was released on 1993 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who represents litigants in the Supreme Court of the United States? Kevin T. McGuire shows that the most sophisticated of them have the advantage of representation by an elite counsel made up of former clerks to the justices, alumni of the Office of the Solicitor General, partners in powerful Washington law firms, and public interest lawyers, all of whom serve as gatekeepers to the Court. In this study, the first to characterize the bar of the Supreme Court as a whole, McGuire uses survey, archival, and interview data to explore the history and social structure of the community of Supreme Court specialists. In so doing, he assesses the strategic politics of Supreme Court practice, the ways in which dominant litigators can shape the Court's decisions, and what the existence of such an elite implies for judicial fairness.

Chimpanzee Rights

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Author :
Publisher : Routledge
ISBN 13 : 0429865619
Total Pages : 124 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Chimpanzee Rights by : Kristin Andrews

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.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Amicus Curiae in International Criminal Justice

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913343
Total Pages : 423 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Amicus Curiae in International Criminal Justice by : Sarah Williams

Download or read book The Amicus Curiae in International Criminal Justice written by Sarah Williams and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The amicus curiae – or friend of the court – is the main mechanism for actors other than the parties, including civil society actors and states, to participate directly in proceedings in international criminal tribunals. Yet reliance on this mechanism raises a number of significant questions concerning: the functions performed by amici, which actors seek to intervene and why, and the influence of amicus interventions on judicial outcomes. Ultimately, the amicus curiae may have a significant impact on the fairness, representativeness and legitimacy of the tribunals' proceedings and decisions. This book provides a comprehensive examination of the amicus curiae practice of the International Criminal Court and other major international criminal tribunals and offers suggestions for the role of the amicus curiae. In doing so, the authors develop a framework to augment the potential contributions of amicus participation in respect of the legitimacy of international criminal tribunals and their decisions, while minimising interference with the core judicial competence of the tribunal and the right of the accused to a fair and expeditious trial.

Official Reports of the Supreme Court

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Publisher :
ISBN 13 :
Total Pages : 580 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Official Reports of the Supreme Court by : United States. Supreme Court

Download or read book Official Reports of the Supreme Court written by United States. Supreme Court and published by . This book was released on 2014 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union

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Publisher :
ISBN 13 :
Total Pages : 1172 pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union by : Thomas McIntyre Cooley

Download or read book A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union written by Thomas McIntyre Cooley and published by . This book was released on 1903 with total page 1172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Harvard Law Review: Volume 125, Number 1 - November 2011

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Author :
Publisher : Quid Pro Books
ISBN 13 : 1610279654
Total Pages : 775 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 125, Number 1 - November 2011 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 125, Number 1 - November 2011 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2011-11-22 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition for ereaders, featuring active Table of Contents, linked footnotes and cross-references, legible tables, and proper ebook formatting. The Review generally publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts. Most student writing takes the form of Notes, Recent Cases, Recent Legislation, and Book Notes. This current issue of the Review is November 2011, the first issue of academic year 2011-2012 (Volume 125). The November issue is the special annual review of the Supreme Court's previous term. Each year, the issue is introduced by noteworthy and extensive articles from recognized scholars. In this issue, the Foreword is authored by Dan Kahan, and examines the idea of "neutral" judicial review and the Supreme Court's methodology of constitutional decisionmaking and establishment of precedent, as well as the problem of motivated cognition, particularly in light of notable cases from the 2010 Term. An article by Judith Resnik offers an extensive Comment on three recent notable cases: Wal-Mart v. Dukes, AT&T v. Concepcion, and Turner v. Rogers. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, on a wide range of legal, political and constitutional subjects. This issue surveys, in a series of case notes, the 2010 Term. Finally, the issue includes statistical summaries and tables of the 2010 Term, and recent book notes.

Patents and Professors

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Publisher : Mohr Siebeck
ISBN 13 : 3161612698
Total Pages : 259 pages
Book Rating : 4.1/5 (616 download)

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Book Synopsis Patents and Professors by : Anna Marion Bieri

Download or read book Patents and Professors written by Anna Marion Bieri and published by Mohr Siebeck. This book was released on 2022-06-14 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who owns inventions developed at US research universities? And who benefits from the current ownership regime? To answer these questions, Anna Marion Bieri discusses the transformation which has taken place in academia in regard to the involvement and commercialisation of patents and the effect university patenting has had on the academic mission and the scientific commons. Special emphasis is placed on the history and implementation of the Bayh-Dole Act - a widely-discussed law which facilitated the patenting and commercialisation of federally funded university inventions. On this basis, the author explores who should benefit from university inventions and how the current ownership regime should be modified to achieve this purpose. Finally, Anna Marion Bieri proposes that universities employ patents strategically in accordance with their research strengths.

Landmark Briefs and Arguments of the Supreme Court of the United States

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Publisher :
ISBN 13 :
Total Pages : 1402 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Landmark Briefs and Arguments of the Supreme Court of the United States by : United States. Supreme Court

Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2004 with total page 1402 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Amicus Brief

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Author :
Publisher : American Bar Association
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Amicus Brief by : Reagan William Simpson

Download or read book The Amicus Brief written by Reagan William Simpson and published by American Bar Association. This book was released on 1998 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Yale Law Journal: Volume 124, Number 7 - May 2015

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Author :
Publisher : Quid Pro Books
ISBN 13 : 1610278348
Total Pages : 388 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Yale Law Journal: Volume 124, Number 7 - May 2015 by : Yale Law Journal

Download or read book Yale Law Journal: Volume 124, Number 7 - May 2015 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2015-06-03 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contents of the May 2015 issue (Volume 124, Number 7) are: Articles • Defining and Punishing Offenses Under Treaties, Sarah H. Cleveland & William S. Dodge • Administrative Severability Clauses, Charles W. Tyler & E. Donald Elliott Notes • Class Ascertainability, Geoffrey C. Shaw • The Right To Be Rescued: Disability Justice in an Age of Disaster, Adrien A. Weibgen • Expanding Conscience, Shrinking Care: The Crisis in Access to Reproductive Care and the Affordable Care Act’s Nondiscrimination Mandate, Elizabeth B. Deutsch Features • Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics, Douglas NeJaime & Reva B. Siegel • Legal Scholarship for Judges, Diane P. Wood Book Review • The Banality of Racial Inequality, Richard R.W. Brooks Comment • Federal Sentencing Error as Loss of Chance, Kate Huddleston Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes.

Formalisation and Flexibilisation in Dispute Resolution

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004281177
Total Pages : 424 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Formalisation and Flexibilisation in Dispute Resolution by : Joachim Zekoll

Download or read book Formalisation and Flexibilisation in Dispute Resolution written by Joachim Zekoll and published by Martinus Nijhoff Publishers. This book was released on 2014-09-25 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt flexible and informal tools for the resolution of disputes in the courts. Editors Joachim Zekoll, Moritz Bälz and Iwo Amelung have divided the book into three Parts. Part One seeks to develop the general theme of formalisation from several angles, including a socio-legal perspective, the public-private divide, the regulatory challenges and potential tensions with the rule of law. The emphasis of Part Two is on the historical emergence of formal and informal dispute resolution instruments in several legal and cultural contexts. Historical roots, be they genuine or construed, also play a role in the other two parts of the book, but in this part, they take centre stage. Finally, Part Three features chapters which address and elaborate on specific applications such as ADR as means of consumer dispute resolution and arbitration in transnational investment disputes. While the contributions to the first two parts of this volume already raise normative questions in some respects, this final part evaluates and passes judgement on the potential merits and deficits of ADR in a variety of specific settings.

United States Reports

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Publisher :
ISBN 13 :
Total Pages : 1140 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis United States Reports by : United States. Supreme Court

Download or read book United States Reports written by United States. Supreme Court and published by . This book was released on 2013 with total page 1140 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Engagement of Domestic Courts with International Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192864181
Total Pages : 465 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The Engagement of Domestic Courts with International Law by : André Nollkaemper

Download or read book The Engagement of Domestic Courts with International Law written by André Nollkaemper and published by Oxford University Press. This book was released on 2024-07-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.