Burson V Freeman 1992

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Free Speech and Its Relation to Self-Government

Author : Alexander Meiklejohn
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584770872
Total Pages : 126 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Free Speech and Its Relation to Self-Government by : Alexander Meiklejohn

Download or read book Free Speech and Its Relation to Self-Government written by Alexander Meiklejohn and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of sole edition. Originally published: New York: Harper Brothers Publishers, [1948]. "Dr. Meiklejohn, in a book which greatly needed writing, has thought through anew the foundations and structure of our theory of free speech . . . he rejects all compromise. He reexamines the fundamental principles of Justice Holmes' theory of free speech and finds it wanting because, as he views it, under the Holmes doctrine speech is not free enough. In these few pages, Holmes meets an adversary worthy of him . . . Meiklejohn in his own way writes a prose as piercing as Holmes, and as a foremost American philosopher, the reach of his culture is as great . . . this is the most dangerous assault which the Holmes position has ever borne." --JOHN P. FRANK, Texas Law Review 27:405-412. ALEXANDER MEIKLEJOHN [1872-1964] was dean of Brown University from 1901-1913, when he became president of Amherst College. In 1923 Meiklejohn moved to the University of Wisconsin- Madison, where he set up an experimental college. He was a longtime member of the National Committee of the American Civil Liberties Union. In 1945 he was a United States delegate to the charter meeting of UNESCO in London. Lectureships have been named for him at Brown University and at the University of Wisconsin. He was awarded the Presidential Medal of Freedom in 1963.

The Oxford Companion to the Supreme Court of the United States

Author : Kermit L. Hall
Publisher : Oxford University Press
ISBN 13 : 0199725357
Total Pages : 1270 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Oxford Companion to the Supreme Court of the United States by : Kermit L. Hall

Download or read book The Oxford Companion to the Supreme Court of the United States written by Kermit L. Hall and published by Oxford University Press. This book was released on 2005-05-19 with total page 1270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court has continued to write constitutional history over the thirteen years since publication of the highly acclaimed first edition of The Oxford Companion to the Supreme Court. Two new justices have joined the high court, more than 800 cases have been decided, and a good deal of new scholarship has appeared on many of the topics treated in the Companion. Chief Justice William H. Rehnquist presided over the impeachment trial of President Bill Clinton, and the Court as a whole played a decisive and controversial role in the outcome of the 2000 presidential election. Under Rehnquists's leadership, a bare majority of the justices have rewritten significant areas of the law dealing with federalism, sovereign immunity, and the commerce power. This new edition includes new entries on key cases and fully updated treatment of crucial areas of constitutional law, such as abortion, freedom of religion, school desegregation, freedom of speech, voting rights, military tribunals, and the rights of the accused. These developments make the second edition of this accessible and authoritative guide essential for judges, lawyers, academics, journalists, and anyone interested in the impact of the Court's decisions on American society.

The Oxford Companion to the Supreme Court of the United States

Author :
Publisher :
ISBN 13 : 0195176618
Total Pages : 1270 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis The Oxford Companion to the Supreme Court of the United States by :

Download or read book The Oxford Companion to the Supreme Court of the United States written by and published by . This book was released on with total page 1270 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Privacy at the Margins

Author : Scott Skinner-Thompson
Publisher : Cambridge University Press
ISBN 13 : 1316856704
Total Pages : 233 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Privacy at the Margins by : Scott Skinner-Thompson

Download or read book Privacy at the Margins written by Scott Skinner-Thompson and published by Cambridge University Press. This book was released on 2020-11-05 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.

The Encyclopedia of Civil Liberties in America

Author : David Schultz
Publisher : Routledge
ISBN 13 : 1317457129
Total Pages : 2503 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis The Encyclopedia of Civil Liberties in America by : David Schultz

Download or read book The Encyclopedia of Civil Liberties in America written by David Schultz and published by Routledge. This book was released on 2015-04-10 with total page 2503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties.

Dissent, Injustice, and the Meanings of America

Author : Steven H. Shiffrin
Publisher : Princeton University Press
ISBN 13 : 1400822963
Total Pages : 219 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Dissent, Injustice, and the Meanings of America by : Steven H. Shiffrin

Download or read book Dissent, Injustice, and the Meanings of America written by Steven H. Shiffrin and published by Princeton University Press. This book was released on 2000-07-10 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.

The Oxford Handbook of American Election Law

Author : Eugene D Mazo
Publisher : Oxford University Press
ISBN 13 : 0197547923
Total Pages : 1225 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of American Election Law by : Eugene D Mazo

Download or read book The Oxford Handbook of American Election Law written by Eugene D Mazo and published by Oxford University Press. This book was released on 2024-11 with total page 1225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Election law plays a critical role in regulating the political arena at a time when Americans are witnessing unprecedented levels of polarization. The Oxford Handbook of American Election Law provides a comprehensive overview of the field, a survey of core themes, and summaries of the most pressing debates. Bringing together 47 leading scholars of election law, the Handbook offers readers a clearly written guide to aid navigation through this complex area, tackling controversial issues and situating them within the field's ongoing scholarly dialogue. Unparalleled in the breadth and depth of its coverage, The Oxford Handbook of American Election Law is an invaluable resource for scholars, students, policymakers, and practitioners.

21st Century Communication: A Reference Handbook

Author : William F. Eadie
Publisher : SAGE
ISBN 13 : 1412950309
Total Pages : 993 pages
Book Rating : 4.4/5 (129 download)

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Book Synopsis 21st Century Communication: A Reference Handbook by : William F. Eadie

Download or read book 21st Century Communication: A Reference Handbook written by William F. Eadie and published by SAGE. This book was released on 2009-05-15 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlights the most important topics, issues, questions, and debates affecting the field of communication in the 21st Century.

Cybersecurity

Author : United States. Congress. House. Committee on Oversight and Government Reform. Subcommittee on Information Technology
Publisher :
ISBN 13 :
Total Pages : 112 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Cybersecurity by : United States. Congress. House. Committee on Oversight and Government Reform. Subcommittee on Information Technology

Download or read book Cybersecurity written by United States. Congress. House. Committee on Oversight and Government Reform. Subcommittee on Information Technology and published by . This book was released on 2017 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Free Speech On Trial

Author : Richard A. Parker
Publisher : University of Alabama Press
ISBN 13 : 081735025X
Total Pages : 356 pages
Book Rating : 4.8/5 (173 download)

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Book Synopsis Free Speech On Trial by : Richard A. Parker

Download or read book Free Speech On Trial written by Richard A. Parker and published by University of Alabama Press. This book was released on 2003-07-21 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes landmark free speech decisions of the Supreme Court while highlighting the issues of language, rhetoric, and communication that underlie them. At the intersection of communication and First Amendment law reside two significant questions: What is the speech we ought to protect, and why should we protect it? The 20 scholars of legal communication whose essays are gathered in this volume propose various answers to these questions, but their essays share an abiding concern with a constitutional guarantee of free speech and its symbiotic relationship with communication practices. Free Speech on Trial fills a gap between textbooks that summarize First Amendment law and books that analyze case law and legal theory. These essays explore questions regarding the significance of unregulated speech in a marketplace of goods and ideas, the limits of offensive language and obscenity as expression, the power of symbols, and consequences of restraint prior to publication versus the subsequent punishment of sources. As one example, Craig Smith cites Buckley vs. Valeo to examine how the context of corruption in the 1974 elections shaped the Court's view of the constitutionality of campaign contributions and expenditures. Collectively, the essays in this volume suggest that the life of free speech law is communication. The contributors reveal how the Court's free speech opinions constitute discursive performances that fashion, deconstruct, and reformulate the contours and parameters of the Constitution’s guarantee of free expression and that, ultimately, reconstitute our government, our culture, and our society.

Implementing the Constitution

Author : Richard H. FALLON
Publisher : Harvard University Press
ISBN 13 : 0674036670
Total Pages : 199 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Implementing the Constitution by : Richard H. FALLON

Download or read book Implementing the Constitution written by Richard H. FALLON and published by Harvard University Press. This book was released on 2009-06-30 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.

The Jurisprudential Vision of Justice Antonin Scalia

Author : David Andrew Schultz
Publisher : Rowman & Littlefield
ISBN 13 : 9780847681327
Total Pages : 286 pages
Book Rating : 4.6/5 (813 download)

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Book Synopsis The Jurisprudential Vision of Justice Antonin Scalia by : David Andrew Schultz

Download or read book The Jurisprudential Vision of Justice Antonin Scalia written by David Andrew Schultz and published by Rowman & Littlefield. This book was released on 1996 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: That Scalia has most profoundly affected, particularly constitutional protections for property rights. Citing Scalia's use of judicial review to check legislative power and his attempts to limit several types of individual rights developed during the Warren and Burger courts, the authors conclude that Scalia's decisions reflect an effort to create a post-Carolene Products jurisprudence and to form a new pattern of assumptions regarding the role of the Supreme Court in.

The Constitution of Electoral Speech Law

Author : Brian K. Pinaire
Publisher : Stanford University Press
ISBN 13 : 0804779600
Total Pages : 448 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis The Constitution of Electoral Speech Law by : Brian K. Pinaire

Download or read book The Constitution of Electoral Speech Law written by Brian K. Pinaire and published by Stanford University Press. This book was released on 2008-03-20 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bush v. Gore brought to the public's attention the significance of election law and the United States Supreme Court's role in structuring the rules that govern how campaigns and elections function in America. In this book, Brian K. Pinaire examines one expanding domain within this larger legal context: freedom of speech in the political process, or, what he terms, electoral speech law. Specifically, Pinaire examines the Court's evolving conceptions of free speech in the electoral process and then traces the consequences of various debates and determinations from the post-World War II era to the present. In his analysis of the broad range of cases from this period, supplemented by four recent case study investigations, Pinaire explores competing visions of electoral expression in the marketplace of ideas, various methods for analyzing speech dilemmas, the multiple influences that shape the justices' notions of both the potential for and privileged status of electoral communication, and the ultimate implications of these Court rulings for American democracy.

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

Author : United States. Supreme Court
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:

Modern Constitutional Law

Author : Lawrence Friedman
Publisher : Aspen Publishing
ISBN 13 : 1543805558
Total Pages : 984 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Modern Constitutional Law by : Lawrence Friedman

Download or read book Modern Constitutional Law written by Lawrence Friedman and published by Aspen Publishing. This book was released on 2019-02-01 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike other casebooks that typically seek to tackle the entirety of Constitutional Law and are organized from the perspective of the constitutional scholar—a top-down approach that encompasses (and even emphasizes) theoretical and philosophical perspectives and debates—Modern Constitutional Law: Cases, Problems and Practice focuses on key areas of constitutional law and is organized from the ground-up. Rather than assuming students will one day be making constitutional arguments before the U.S. Supreme Court (or teaching Constitutional Law), this book assumes students will more likely be making constitutional arguments before a state or federal trial court. And so it focuses on those areas of Constitutional Law that are likely to be relevant to the practice areas in which most law students will work after law school—small or solo firms that count individuals and small businesses as their clientele, or the offices of state agencies, district attorneys, or public defenders. New to the Second Edition: Updated with key First Amendment cases through the 2017–2018 Supreme Court term, including Expressions Hair Design v. Schneiderman and Masterpiece Cakeshop v. Colorado Civil Rights Commission Includes commentary on controversial cases from the 2017–2018 Supreme Court term, including Trump v. Hawaii Existing cases have been further edited to preserve the scope of the book while reducing its size Additional supplemental cases are added to the online Professor Resources to allow professors to add coverage of most areas of constitutional law Professors and students will benefit from: Narrower scope than other casebooks, the book is more manageable for 3- and 4- credit courses A focus on doctrine rather than theory Emphasis on modern and contemporary cases rather than historical ones (although landmark cases, such as McCulloch v. Maryland, The Prize Cases, and Lochner v. New York, to name a few, are also included) Coverage that focuses on the issues most relevant to the types of practice students will enter upon graduation, such as due process, equal protection, and First Amendment Inclusion of cases from the lower federal and state courts, courts in which most students are most likely to one day find themselves litigating constitutional issues Inclusion of a generous number of case excerpts to help students develop their ability to read legal texts closely and extract useful information, rather than, like many casebooks, relying on numerous Notes to cover the jurisprudence in a particular area Each chapter includes one or more Problems to provide students opportunities to apply the doctrines learned Each chapter includes one or more “Practice Perspectives” that present the facts, background, and resolution of actual constitutional law cases, challenging students to explain the results based on what they have learned in the chapter

Religious Liberty, Volume 2

Author : Douglas Laycock
Publisher : Wm. B. Eerdmans Publishing
ISBN 13 : 1467434299
Total Pages : 872 pages
Book Rating : 4.4/5 (674 download)

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Book Synopsis Religious Liberty, Volume 2 by : Douglas Laycock

Download or read book Religious Liberty, Volume 2 written by Douglas Laycock and published by Wm. B. Eerdmans Publishing. This book was released on 2011-04-07 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than thirty years, Douglas Laycock has been studying, defending, and writing about religious liberty. In this second volume of the comprehensive collection of his writings on the subject, he has compiled articles, amicus briefs, and actual court documents relating to regulatory exemptions under the Constitution, the right to church autonomy, and the rights of non-mainstream religions. This collection — which deals with religious schools and colleges, sex abuse cases, the rights of Hare Krishnas and Scientologists, the landmark decision Employment Division v. Smith, and more — will be a valuable reference for churches, schools, and other religious organizations as they exercise their Constitutionally protected freedom of religion.

Elections A to Z

Author : Deborah Kalb
Publisher : CQ Press
ISBN 13 : 1071853651
Total Pages : 929 pages
Book Rating : 4.0/5 (718 download)

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Book Synopsis Elections A to Z by : Deborah Kalb

Download or read book Elections A to Z written by Deborah Kalb and published by CQ Press. This book was released on 2022-09-01 with total page 929 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elections A to Z is a highly respected legacy title that has long been a staple in the CQ Press reference list. It provides readers with ready reference insight into how campaigns and elections, the hallmark of any democracy, are conducted in the United States. The new fifth edition has been redesigned and updated with new entries covering the vital current elections topics that readers want to know about, especially given the focus on elections over the past year, and the resulting threat to American democracy. Entries range from short definitions of terms such as "at-large" and "front-runner" to in-depth essays exploring vital aspects of campaigns and elections, such as the right to vote, turnout trends, and the history, evolution, and current state of House, Senate, presidential, and some state-level elections. As with the prior edition, coverage will continue to entail the stages in the campaign process and the general election; the roles of political consultants, the media, and political parties; debates around term limits, majority-minority districts, and campaign finance; amendments, legislation, and court cases that have shaped electoral, campaign, and voting matters; voter turnout and voting rights in the United States; and highlights of presidential elections throughout U.S. history. Since the last edition published in 2012, there are many pertinent topics and events to explore from recent years, especially surrounding the 2020 elections. New to this edition will be entries discussing social media and communication, political and racial gerrymandering, districting and disenfranchisement, absentee and mail-in voting, new and revised state-by-state election and voter laws, foreign interference and misinformation campaigns, election-related violence, and minority and diverse group candidates and voter participation. Additionally, the book will address recent SCOTUS decisions that have impacted election law, including Citizens United v. Federal Election Commission (2010), Arizona v. Inter Tribal Council of Arizona, Inc. (2013), Shelby County, Alabama, v. Holder, Attorney General (2013), McCutcheon v. Federal Election Commission (2014), Arizona State Legislature v. Arizona Independent Redistricting Commission (2015), Harris v. Arizona Independent Redistricting Commission (2016), Husted, Ohio Secretary of State v. A. Philip Randolph Institute (2018), Minnesota Voters Alliance v. Mansky (2018), Gill v. Whitford (2018), Abbott, Governor of Texas v. Perez (2018), Virginia House of Delegates v. Bethune-Hill (2019), Rucho v. Common Cause (2019), Colorado Department of State v. Baca (2020), Chiafalo v. Washington (2020), and Texas v. Pennsylvania (2020). The proposed update to Elections A to Z will reflect these changes as it captures an undergraduate-level audience that understands the basics of campaigns and elections but is seeking an understanding of related topics, trends, and current events.