Brief Amici Curiae Of William D Araiza And 14 Other Constitutional Criminal And Administrative Law Professors

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Constitutional Law

Author : William D. Araiza
Publisher :
ISBN 13 : 9781611637298
Total Pages : 0 pages
Book Rating : 4.6/5 (372 download)

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Book Synopsis Constitutional Law by : William D. Araiza

Download or read book Constitutional Law written by William D. Araiza and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To view or download the 2020 Supplement to this book click here. 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.

Who Do You Serve, Who Do You Protect?

Author : Maya Schenwar
Publisher : Haymarket Books
ISBN 13 : 1608466841
Total Pages : 226 pages
Book Rating : 4.6/5 (84 download)

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Book Synopsis Who Do You Serve, Who Do You Protect? by : Maya Schenwar

Download or read book Who Do You Serve, Who Do You Protect? written by Maya Schenwar and published by Haymarket Books. This book was released on 2016-05-30 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays and reports examining the reality of police violence against Black and brown communities in America. What is the reality of policing in the United States? Do the police keep anyone safe and secure other than the very wealthy? How do recent police killings of young Black people in the United States fit into the historical and global context of anti-blackness? This collection of reports and essays (the first collaboration between Truthout and Haymarket Books) explores police violence against Black, brown, indigenous, and other marginalized communities, miscarriages of justice, and failures of token accountability and reform measures. It also makes a compelling and provocative argument against calling the police. Contributions cover a broad range of issues including the killing by police of Black men and women, police violence against Latino and indigenous communities, law enforcement’s treatment of pregnant people and those with mental illness, and the impact of racist police violence on parenting. There are also specific stories such as a Detroit police conspiracy to slap murder convictions on young Black men using police informant, and the failure of Chicago’s much-touted Independent Police Review Authority, the body supposedly responsible for investigating police misconduct. The title Who Do You Serve, Who Do You Protect? is no mere provocation: the book also explores alternatives for keeping communities safe. Contributors include William C. Anderson, Candice Bernd, Aaron Cantú, Thandi Chimurenga, Ejeris Dixon, Adam Hudson, Victoria Law, Mike Ludwig, Sarah Macaraeg, and Roberto Rodriguez. Praise for Who Do You Serve, Who Do You Protect? “With heartbreaking, glass-sharp prose, the book catalogs the abuse and destruction of Black, native, and trans bodies. And then, most importantly, it offers real-world solutions.” —Chicago Review of Books “A must-read for anyone seeking to understand American culture in the present day.” —Xica Nation “This brilliant collection of essays, written by activists, journalists, community organizers and survivors of state violence, urgently confronts the criminalization, police violence and anti-Black racism that is plaguing urban communities. It is one of the most important books to emerge about these critical issues: passionately written with a keen eye towards building a world free of the cruelty and violence of the carceral state.” —Beth Richie, author of Arrested Justice: Black Women, Violence, and America’s Prison Nation

The Sit-Ins

Author : Christopher W. Schmidt
Publisher : University of Chicago Press
ISBN 13 : 022652258X
Total Pages : 273 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis The Sit-Ins by : Christopher W. Schmidt

Download or read book The Sit-Ins written by Christopher W. Schmidt and published by University of Chicago Press. This book was released on 2018-03-13 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: On February 1, 1960, four African American college students entered the Woolworth department store in Greensboro, North Carolina, and sat down at the lunch counter. This lunch counter, like most in the American South, refused to serve black customers. The four students remained in their seats until the store closed. In the following days, they returned, joined by growing numbers of fellow students. These “sit-in” demonstrations soon spread to other southern cities, drawing in thousands of students and coalescing into a protest movement that would transform the struggle for racial equality. The Sit-Ins tells the story of the student lunch counter protests and the national debate they sparked over the meaning of the constitutional right of all Americans to equal protection of the law. Christopher W. Schmidt describes how behind the now-iconic scenes of African American college students sitting in quiet defiance at “whites only” lunch counters lies a series of underappreciated legal dilemmas—about the meaning of the Constitution, the capacity of legal institutions to remedy different forms of injustice, and the relationship between legal reform and social change. The students’ actions initiated a national conversation over whether the Constitution’s equal protection clause extended to the activities of private businesses that served the general public. The courts, the traditional focal point for accounts of constitutional disputes, played an important but ultimately secondary role in this story. The great victory of the sit-in movement came not in the Supreme Court, but in Congress, with the passage of the Civil Rights Act of 1964, landmark legislation that recognized the right African American students had claimed for themselves four years earlier. The Sit-Ins invites a broader understanding of how Americans contest and construct the meaning of their Constitution.

Is Administrative Law Unlawful?

Author : Philip Hamburger
Publisher : University of Chicago Press
ISBN 13 : 022611645X
Total Pages : 646 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger

Download or read book Is Administrative Law Unlawful? written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Race, Law, and American Society

Author : Gloria J. Browne-Marshall
Publisher : Routledge
ISBN 13 : 1135087946
Total Pages : 497 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Race, Law, and American Society by : Gloria J. Browne-Marshall

Download or read book Race, Law, and American Society written by Gloria J. Browne-Marshall and published by Routledge. This book was released on 2013-05-02 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Gloria Browne-Marshall’s seminal work , tracing the history of racial discrimination in American law from colonial times to the present, is now available with major revisions. Throughout, she advocates for freedom and equality at the center, moving from their struggle for physical freedom in the slavery era to more recent battles for equal rights and economic equality. From the colonial period to the present, this book examines education, property ownership, voting rights, criminal justice, and the military as well as internationalism and civil liberties by analyzing the key court cases that established America’s racial system and demonstrating the impact of these court cases on American society. This edition also includes more on Asians, Native Americans, and Latinos. Race, Law, and American Society is highly accessible and thorough in its depiction of the role race has played, with the sanction of the U.S. Supreme Court, in shaping virtually every major American social institution.

“A Great Power of Attorney”

Author : Gary Lawson
Publisher : University Press of Kansas
ISBN 13 : 0700624252
Total Pages : 228 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis “A Great Power of Attorney” by : Gary Lawson

Download or read book “A Great Power of Attorney” written by Gary Lawson and published by University Press of Kansas. This book was released on 2017-05-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.

The Positive Second Amendment

Author : Joseph Blocher
Publisher : Cambridge University Press
ISBN 13 : 1107158699
Total Pages : 217 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Positive Second Amendment by : Joseph Blocher

Download or read book The Positive Second Amendment written by Joseph Blocher and published by Cambridge University Press. This book was released on 2018-09-13 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.

The Constitution as Political Structure

Author : Martin H. Redish
Publisher : Oxford University Press, USA
ISBN 13 : 0195070607
Total Pages : 240 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis The Constitution as Political Structure by : Martin H. Redish

Download or read book The Constitution as Political Structure written by Martin H. Redish and published by Oxford University Press, USA. This book was released on 1995 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely down-played. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. The Constitution as Political Structure emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory. In its exposition of the textual and theoretical rationales for judicial enforcement of the structural values embodied in the Constitution, this book presents a principled alternative to the extremes of judicial abdication articulated by certain scholars and Justices on the one hand, and the result-oriented ideological involvement advocated in some quarters on the other. This work will be of great interest to scholars of law and political science.

Power Without Responsibility

Author : David Schoenbrod
Publisher : Yale University Press
ISBN 13 : 0300159595
Total Pages : 374 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Power Without Responsibility by : David Schoenbrod

Download or read book Power Without Responsibility written by David Schoenbrod and published by Yale University Press. This book was released on 2008-10-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending. David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wield power by pressuring agency lawmakers in private, but shed responsibility by avoiding the need to personally support or oppose the laws, as they must in enacting laws themselves. Schoenbrod draws on his experience as an attorney with the Natural Resources Defense Council and on studies of how delegation actually works to show that this practice produces a regulatory system so cumbersome that it cannot provide the protection that people need, so large that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for the consequences. Contending that delegation is unnecessary and unconstitutional, Schoenbrod has written the first book that shows how, as a practical matter, delegation can be stopped.

The Taming of Free Speech

Author : Laura Weinrib
Publisher : Harvard University Press
ISBN 13 : 0674545710
Total Pages : 472 pages
Book Rating : 4.6/5 (745 download)

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Book Synopsis The Taming of Free Speech by : Laura Weinrib

Download or read book The Taming of Free Speech written by Laura Weinrib and published by Harvard University Press. This book was released on 2016-10-10 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain. America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.

Animus

Author : William D. Araiza
Publisher : NYU Press
ISBN 13 : 1479848808
Total Pages : 211 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Animus by : William D. Araiza

Download or read book Animus written by William D. Araiza and published by NYU Press. This book was released on 2017-04-04 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to the legal concept of unconstitutional bias. If a town council denies a zoning permit for a group home for intellectually disabled persons because residents don’t want “those kinds of people” in the neighborhood, the town’s decision is motivated by the public’s dislike of a particular group. Constitutional law calls this rationale “animus.” Over the last two decades, the Supreme Court has increasingly turned to the concept of animus to explain why some instances of discrimination are unconstitutional. However, the Court’s condemnation of animus fails to address some serious questions. How can animus on the part of people and institutions be uncovered? Does mere opposition to a particular group’s equality claims constitute animus? Does the concept of animus have roots in the Constitution? Animus engages these important questions, offering an original and provocative introduction to this type of unconstitutional bias. William Araiza analyzes some of the modern Supreme Court’s most important discrimination cases through the lens of animus, tracing the concept from nineteenth century legal doctrine to today’s landmark cases, including Obergefell vs. Hodges and United States v. Windsor, both related to the legal rights of same-sex couples. Animus humanizes what might otherwise be an abstract legal question, illustrating what constitutes animus, and why the prohibition against it matters more today than ever in our pluralistic society.

Social Enterprise Law

Author : Dana Brakman Reiser
Publisher : Oxford University Press
ISBN 13 : 019024979X
Total Pages : 217 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Social Enterprise Law by : Dana Brakman Reiser

Download or read book Social Enterprise Law written by Dana Brakman Reiser and published by Oxford University Press. This book was released on 2017-09-05 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish. Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust. By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.

Body Count

Author : William John Bennett
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Body Count by : William John Bennett

Download or read book Body Count written by William John Bennett and published by . This book was released on 1996 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Body Count diagnoses America's plague of violent crime. Its authors - William Bennett, John DiIulio, and John Walters - define the epidemic's size, its range, and its scope. Through stories and anecdotes they present the very real human tragedies behind the numbers. Most important, they describe the source of violent crime: abject moral poverty, the destitution visited upon children raised without loving, capable, responsible adults who teach right from wrong. Though dozens of other explanations have been offered for America's horrifying rates of violent crime - from academics and clinicians, cops and social workers, politicians on the right and the left - they are, at best, proxies for the real cause. It is not prisons (or their scarcity), guns (or their excess), the death penalty, the exclusionary rule, or even material impoverishment. Look to the root of a criminally twisted tree, the authors argue, and you will find only moral poverty and its parasite: drug abuse." "And argue they do, with both powerful rhetoric and rigorous analysis. Bennett, DiIulio, and Walters demolish such myths as economic poverty causes crime; the United States imprisons a disproportionate number of its citizens; drug abuse is a victimless crime...and nothing useful can be done about it anyway; the death penalty is today a major deterrent of crime; and incarceration doesn't work." "Each and every one of these myths is not merely wrong but tragically mistaken. The authors draw upon an immense fund of hard data and offer some of the most serious analysis ever given to America's criminal justice system - a system designed to protect America from violent crime, a system that has, for all practical purposes, failed, with one in three violent crimes committed by a person on either probation, parole, or pre-trial release. Body Count offers a radically new reading of the problem, proposes controversial but necessary policies at every level of government, profiles cities that are making progress against violent crime, and appeals to responsible citizens from all points on the political compass to join forces in the battle against moral poverty. It is certain to be one of the most read, discussed, and argued about books of the year."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Personal Justice Denied

Author : United States. Commission on Wartime Relocation and Internment of Civilians
Publisher :
ISBN 13 :
Total Pages : 484 pages
Book Rating : 4.3/5 (129 download)

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Book Synopsis Personal Justice Denied by : United States. Commission on Wartime Relocation and Internment of Civilians

Download or read book Personal Justice Denied written by United States. Commission on Wartime Relocation and Internment of Civilians and published by . This book was released on 1983 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:

And We Are Not Saved

Author : Derek Bell
Publisher :
ISBN 13 : 078672269X
Total Pages : 315 pages
Book Rating : 4.7/5 (867 download)

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Book Synopsis And We Are Not Saved by : Derek Bell

Download or read book And We Are Not Saved written by Derek Bell and published by . This book was released on 2008-08-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished legal scholar and civil rights activist employs a series of dramatic fables and dialogues to probe the foundations of America’s racial attitudes and raise disturbing questions about the nature of our society.

The Western Case for Monogamy Over Polygamy

Author : John Witte
Publisher : Cambridge University Press
ISBN 13 : 110710159X
Total Pages : 551 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Western Case for Monogamy Over Polygamy by : John Witte

Download or read book The Western Case for Monogamy Over Polygamy written by John Witte and published by Cambridge University Press. This book was released on 2015-05-05 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume documents the Western historical arguments for monogamy over polygamy, from antiquity to the present.

Fashion Law

Author : Guillermo C. Jimenez
Publisher : A&C Black
ISBN 13 : 1609018958
Total Pages : 417 pages
Book Rating : 4.6/5 (9 download)

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Book Synopsis Fashion Law by : Guillermo C. Jimenez

Download or read book Fashion Law written by Guillermo C. Jimenez and published by A&C Black. This book was released on 2014-03-13 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In todays' highly competitive global market, fashion designers, entrepreneurs and executives need state, federal, and international laws to protect their intellectual property-their brands and the products by which their customers recognize them. Fashion Law provides a concise and practical guide to the full range of legal issues faced by a fashion company as it grows from infancy to international stature. Updated to reflect recent legal decisions and regulatory developments, this revised edition covers such a vital issues as intellectual property protection and litigation, licensing, anti-counterfeiting, start-ups and finance, commercial transactions, retail property leasing, employment regulations, advertising and marketing, celebrity endorsements, international trade. Features of the text help to make legal concepts accessible to the lay reader. More than 25 leading attorneys practicing in the emerging legal specialty of fashion law contributed the chapters for this authoritative text, and their expertise provides a foundation for fashion professionals and their legal advisors to work together effectively. New to this Edition~Expanded section on Intellectual Property protection, including an all new Chapter 6 on Litigation~All new Chapter 10 on Fashion Finance Features~Box Features provide real-life examples that demonstrate the role that law plays in the fashion business, including landmark court cases and current events~Practice Tips discuss legal issues that should be considered as fashion designers and executives establish procedures for conducting their business~Sample Clauses familiarize readers with the legal language that covers the rights and responsibilities of the parties to agreements. Instructor's Guide and PowerPoint presentations available.