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Author : James T. Sprowls
Publisher : Free Press
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.3/5 (97 download)
Download or read book Discretion and Lawlessness written by James T. Sprowls and published by Free Press. This book was released on 1980 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Adam B. Cox
Publisher : Oxford University Press
ISBN 13 : 0190694386
Total Pages : 361 pages
Book Rating : 4.1/5 (96 download)
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author : Nicolas P. Suzor
Publisher : Cambridge University Press
ISBN 13 : 1108481221
Total Pages : 221 pages
Book Rating : 4.1/5 (84 download)
Download or read book Lawless written by Nicolas P. Suzor and published by Cambridge University Press. This book was released on 2019-07-18 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because social media and technology companies rule the Internet, only a digital constitution can protect our rights online.
Author : Austin Sarat
Publisher : NYU Press
ISBN 13 : 0814739857
Total Pages : 240 pages
Book Rating : 4.8/5 (147 download)
Download or read book When Governments Break the Law written by Austin Sarat and published by NYU Press. This book was released on 2010-10-20 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONSTITUTIONAL & ADMINISTRATIVE LAW. While President Obama has repeatedly emphasized his Administration's commitment to transparency and the rule of law, nowhere has this resolve been so quickly and severely tested than with the issue of the possible prosecution of Bush Administration officials. Measured or partisan, scholarly or journalistic, clearly the debate about accountability for the alleged crimes of the Bush Administration will continue for some time.
Author : Clarke D. Forsythe
Publisher : Encounter Books
ISBN 13 : 1594036926
Total Pages : 498 pages
Book Rating : 4.5/5 (94 download)
Download or read book Abuse of Discretion written by Clarke D. Forsythe and published by Encounter Books. This book was released on 2013-10-14 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.
Author : James Paige
Publisher :
ISBN 13 :
Total Pages : 516 pages
Book Rating : 4.:/5 (319 download)
Download or read book Illustrative Cases in Criminal Law with Analysis and Citations written by James Paige and published by . This book was released on 1897 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher : Oxford University Press
ISBN 13 : 0192858777
Total Pages : 433 pages
Book Rating : 4.1/5 (928 download)
Download or read book Philosophical Foundations of Private International Law written by and published by Oxford University Press. This book was released on 2024-06-20 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private international law has long been understood as a doctrinal and technical body of law, without interesting theoretical foundations or implications. By systematically exploring the rich array of philosophical topics that are part of the fabric of private international law, Philosophical Foundations of Private International Law fills a significant and long-standing void in the legal and philosophical literature.The contributions to this volume are testimony to the significant potential for interaction between philosophy and private international law. Some aim to expand and rethink classical jurisprudential theories by focusing on law beyond the state and on the recognition of foreign law and judgments in domestic courts. Others bring legal and moral theories to bear on traditional debates in private international law, such as legal pluralism, transnational justice, the interpretation of foreign legal policies, and the boundaries of the legal system. Several engage with the history of both private international law and legal and political philosophy. They point to missed opportunities when philosophers ignored law's transnational dimensions, or when private international law scholars failed to position their theories within broader philosophical schools of thought. Some seek to complete past attempts to articulate the philosophical dimensions of private international law that were never carried through. Thought-provoking and topical, this volume displays the varied themes cutting through the disciplines of private international law and philosophy.
Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610278704
Total Pages : 560 pages
Book Rating : 4.6/5 (12 download)
Download or read book Harvard Law Review: Volume 127, Number 2 - December 2013 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2013-12-10 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The December 2013 issue of the Harvard Law Review is dedicated to the memory of Ronald Dworkin, with In Memoriam essays offered by Richard Fallon, Jr., Charles Fried, John C.P. Goldberg, Frances Kamm, Frank Michelman, Martha Minow, and Laurence Tribe. The issue features an article by David Pozen entitled "The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information." The issue also includes essays by Nicola Lacey and Geoffrey Shaw examining a previously lost writing by H.L.A. Hart on discretion, as well as the publication of Hart's essay, "Discretion," itself, which he wrote while visiting at Harvard in 1956-1957. Student Notes explore such subjects as regulation of the shadow banking system, vagueness and delegation in the CFAA, and the good faith exception to the exclusionary rule. In addition, student contributions explore Recent Cases on First Amendment commercial speech doctrine and pharmaceutical marketing, school finance under state law, duty of a school to protect from bullying, warrantless search of cell phone data, and untimely raising of ineffective assistance of counsel in a habeas petition after counsel failure. A Recent Legislation summary explores restrictions on War Powers in the context of Guantanamo detainees, and a summary of Recent Legislative Debate involves the filibuster of a Texas abortion bill. Finally, there are also several summaries of Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked notes, active URLs in notes, and proper formatting. The contents of Volume 127, Number 2 (Dec. 2013) include scholarly articles and essays by leading academic figures.
Author : Robert A. Mikos
Publisher : Aspen Publishing
ISBN 13 : 1454887958
Total Pages : 1067 pages
Book Rating : 4.4/5 (548 download)
Download or read book Marijuana Law, Policy, and Authority written by Robert A. Mikos and published by Aspen Publishing. This book was released on 2017-05-17 with total page 1067 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marijuana Law, Policy, and Authority is a first-of-its-kind law school casebook in a rapidly-emerging and exciting new field. The accessible, comprehensive, and engaging material guides students through the competing approaches to regulating marijuana, the purposes and effects of those approaches, and the legal authorities for choosing among them. The helpful organization intersperses these issues of substantive law, policy, and authority throughout the discussion of users, suppliers, and third parties. Substantive law materials cover either prohibitions or regulations targeting users, suppliers, or third parties. Policy materials cover the goals of marijuana law and policy as well as the research on the impact of different marijuana policies. Authority materials address the different levels of government—federal, state, and local. Notes, questions, and numerous problems in each chapter provide additional thought-provoking material and help to reinforce student learning. Current, news-headlining cases keep the discussion interesting and lively. Key Features: Internationally renowned author Robert Mikos is the premier authority on marijuana law. He draws upon nearly a decade of professional experience teaching, lecturing, consulting, and writing about marijuana law and policy. Three distinct but inter-woven topics are covered: the substantive law governing marijuana; the policy rationales behind and outcomes produced by different approaches to regulating the drug; and the legal authority to regulate the drug. Students are guided through the multi-faceted legal and policy issues now confronting lawyers, lawmakers, judges, and policy analysts working in this emerging field. Written in a style that is familiar to law students, but also accessible to a much broader audience, including graduate and upper level undergraduate students in courses in policy studies, political science, and criminology. Cutting-edge issues are included that are intellectually engaging for students and professors alike—e.g., how are conflicts between state/ federal law resolved? What are the roles of courts and executive officers in terms of policy? Dives deeply into classic legal issues: contract enforceability and powers of court, Congress, and the state. Notes and Questions following cases offer stimulating fodder for discussion.
Author : Kenneth Culp Davis
Publisher : Baton Rouge : Louisiana State University Press
ISBN 13 : 9780807103043
Total Pages : 233 pages
Book Rating : 4.1/5 (3 download)
Download or read book Discretionary Justice written by Kenneth Culp Davis and published by Baton Rouge : Louisiana State University Press. This book was released on 1969 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew C McCarthy
Publisher : Encounter Books
ISBN 13 : 1594037779
Total Pages : 148 pages
Book Rating : 4.5/5 (94 download)
Download or read book Faithless Execution written by Andrew C McCarthy and published by Encounter Books. This book was released on 2014-06-03 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: We still imagine ourselves a nation of laws, not of men. This is not merely an article of faith but a bedrock principle of the United States Constitution. Our founding compact provides a remedy against rulers supplanting the rule of law, and Andrew C. McCarthy makes a compelling case for using it. The authors of the Constitution saw practical reasons to place awesome powers in a single chief executive, who could act quickly and decisively in times of peril. Yet they well understood that unchecked power in one person’s hands posed a serious threat to liberty, the defining American imperative. Much of the debate at the Philadelphia convention therefore centered on how to stop a rogue executive who became a law unto himself. The Framers vested Congress with two checks on presidential excess: the power of the purse and the power of impeachment. They are potent remedies, and there are no others. It is a straightforward matter to establish that President Obama has committed “high crimes and misdemeanors,” a term signifying maladministration and abuses of power by holders of high public trust. But making the legal case is insufficient for successful impeachment, leading to removal from office. Impeachment is a political matter and hinges on public opinion. In Faithless Execution, McCarthy weighs the political dynamics as he builds a case, assembling a litany of abuses that add up to one overarching offense: the president’s willful violation of his solemn oath to execute the laws faithfully. The “fundamental transformation” he promised involves concentrating power into his own hands by flouting law—statutes, judicial rulings, the Constitution itself—and essentially daring the other branches of government to stop him. McCarthy contends that our elected representative are duty-bound to take up the dare.
Author : Lawrence Edwin Abt
Publisher :
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.3/5 (91 download)
Download or read book Social Psychology and Discretionary Law written by Lawrence Edwin Abt and published by . This book was released on 1979 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jeffrey Brand-Ballard
Publisher :
ISBN 13 : 0195342291
Total Pages : 367 pages
Book Rating : 4.1/5 (953 download)
Download or read book Limits of Legality written by Jeffrey Brand-Ballard and published by . This book was released on 2010 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combiming ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.
Author : Roger Cotterrell
Publisher : Routledge
ISBN 13 : 1351559982
Total Pages : 359 pages
Book Rating : 4.3/5 (515 download)
Download or read book Living Law written by Roger Cotterrell and published by Routledge. This book was released on 2017-07-05 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Living Law presents a comprehensive overview of relationships between legal and social theory, and of current approaches to the sociological study of legal ideas. It explores the nature of legal theory and sociolegal studies today as teaching and research fields, and the work of many of the major sociolegal theorists. In addition, it sets out the author's distinctive approach to sociological analysis of law, applying this in a range of studies in specific legal fields, such as the law of contract, property and trusts, constitutional analysis, and comparative law.
Author : Stephen Dycus
Publisher : Aspen Publishing
ISBN 13 : 1543806791
Total Pages : 1408 pages
Book Rating : 4.5/5 (438 download)
Download or read book National Security Law written by Stephen Dycus and published by Aspen Publishing. This book was released on 2020-04-01 with total page 1408 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the last 30 years, National Security Law has helped create and shape an entire new field of law. It has been adopted for classroom use at most American law schools, all of the military academies, and many non-law graduate programs. The Seventh Edition of this leading casebook provides an up-to-date, user-friendly survey of this extremely dynamic field. Relying heavily on original materials and provocative notes and questions, this book encourages students to play the roles of national security professionals, politicians, judges, and ordinary citizens. And by showing the development of doctrine in historical context, it urges them to see their responsibility as lawyers to help keep us safe and free. Like earlier editions, the new book deals with basic separation-of-powers principles, the interaction of U.S. and international law, the use of military force, intelligence, detention, criminal prosecution, homeland security, and national security information — more than enough to provide teachers with a rich menu of readings for classes. New to the Seventh Edition: Latest developments on U.S. military involvement in Syria and Iran President Trump’s Border Wall and appropriations power Carpenter v. U.S. and recent FISA developments and FISC decisions Trump travel ban “Defending forward” in cyberspace New chapter on nuclear war Professors and students will benefit from: Carefully curated and edited original materials Extensive notes and questions to fill in the blanks Read-ins and chapter summaries to provide perspective Frequent references to historical and political context
Author : Hanna Wilberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1509906193
Total Pages : 446 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Scope and Intensity of Substantive Review written by Hanna Wilberg and published by Bloomsbury Publishing. This book was released on 2015-11-26 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by the work of Professor Michael Taggart, this collection of essays from across the common law world is concerned with two separate but related themes. First, to what extent and by what means should review on substantive grounds such as unreasonableness be expanded and intensified? Jowell, Elliott and Varuhas all agree with Taggart that proportionality should not 'sweep the rainbow', but propose different schemes for organising and conceptualising substantive review. Groves and Weeks, and Hoexter evaluate the state of substantive review in Australia and South Africa respectively. The second theme concerns the broader (Canadian) sense of substantive review including the illegality grounds, and whether deference should extend to these grounds. Cane and Aronson consider the relevance and impact of different constitutional and doctrinal settings. Wilberg and Daly address questions concerning when and how deference is to operate once it is accepted as appropriate in principle. Rights-based review is discussed in a separate third part because it raises both of the above questions. Geiringer, Sales and Walters examine the choices to be made in settling the approach in this area, each focusing on a different dichotomy. Taggart's work is notable for treating these various aspects of substantive review as parts of a broader whole, and for his search for an appropriate balance between judicial scrutiny and administrative autonomy across this entire area. By bringing together essays on all these topics, this volume seeks to build on that approach.
Author : Oren Gross
Publisher : Cambridge University Press
ISBN 13 : 1139457756
Total Pages : 48 pages
Book Rating : 4.1/5 (394 download)
Download or read book Law in Times of Crisis written by Oren Gross and published by Cambridge University Press. This book was released on 2006-10-30 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
