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Due Process In Practice
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Book Synopsis The Arc of Due Process in American Constitutional Law by : E. Thomas Sullivan
Download or read book The Arc of Due Process in American Constitutional Law written by E. Thomas Sullivan and published by Oxford University Press. This book was released on 2013-07-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.
Book Synopsis Magna Carta by : Randy James Holland
Download or read book Magna Carta written by Randy James Holland and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
Book Synopsis Constructing Basic Liberties by : James E. Fleming
Download or read book Constructing Basic Liberties written by James E. Fleming and published by University of Chicago Press. This book was released on 2022-08-30 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.
Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Book Synopsis The Arc of Due Process in American Constitutional Law by : E. Thomas Sullivan
Download or read book The Arc of Due Process in American Constitutional Law written by E. Thomas Sullivan and published by Oxford University Press. This book was released on 2013-03-27 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.
Book Synopsis Due Process and Fair Trial in EU Competition Law by : Cristina Teleki
Download or read book Due Process and Fair Trial in EU Competition Law written by Cristina Teleki and published by BRILL. This book was released on 2021-05-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Book Synopsis The Due Process of Law by : Alfred Thompson Denning Baron Denning
Download or read book The Due Process of Law written by Alfred Thompson Denning Baron Denning and published by Butterworth-Heinemann. This book was released on 1980-01-01 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two central themes run through this book. The first is the workings of the various 'measures authorised by the law so as to keep the streams of justice pure', and the second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife.
Book Synopsis Due Process in International Commercial Arbitration by : Matti S. Kurkela
Download or read book Due Process in International Commercial Arbitration written by Matti S. Kurkela and published by Oxford University Press. This book was released on 2010-04-14 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first publication to identify a universal procedural code for international commercial arbitration. This informative and well-argued discussion of a uniform code for due process is a useful aid for both practitioners and scholars. More than just a useful desk reference, this publication uncovers a unifying arbitration principle in light of the diversity of national traditions. The authors demonstrate how this unifying principle might establish a new standard procedure in arbitration law. Guiding the reader through a step-by-step analysis of due process in international commercial arbitration, the book is comprehensive without being esoteric. Due Process in International Commercial Arbitration, Second Edition thus helps both practitioners new to arbitration procedure and experienced attorneys looking for a cutting-edge discussion of due process issues. It can be used as a handbook for lawyers engaged in arbitral disputes. To provide the necessary guidance for lawyers in need of quick, reliable information, authors Matti Kurkela and Santtu Turunen update readers on the numerous changes made to arbitration law since the book's 2005 edition. Even more helpfully, Kurkela and Turunen have added two new chapters to show lawyers what to expect in the midst of an arbitration proceeding: a chapter on procedural rules from the New York Convention and a chapter on jurisdiction arising from sources outside the arbitration agreement. As corporations engage in more globalized commerce, and as arbitrators resolve more international legal disputes, this resource provides both the broad background and the quick reference information necessary to understand the complexities of arbitration procedure. A thorough Table of Contents, Index, and Appendix of primary documents facilitate practitioners' research in this vital book. This new edition's balance of comprehensiveness and concision make it a one-stop resource for arbitration attorneys around the world.
Book Synopsis Due Process in Practice by : Ann Fagan Ginger
Download or read book Due Process in Practice written by Ann Fagan Ginger and published by . This book was released on 1974 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Criminal Procedure by : Jens David Ohlin
Download or read book Criminal Procedure written by Jens David Ohlin and published by Aspen Publishing. This book was released on 2023-09-14 with total page 1670 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Procedure: Doctrine, Application, and Practice, Second Edition, is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches of today’s leading criminal procedure professors. New to the Second Edition: Torres v. Madrid (2021) and its central question for criminal procedure: Does a shooting by a police officer that fails to incapacitate a suspect, who temporarily eludes capture, constitute a seizure? Simplified but enhanced materials regarding automobile searches. Simplified materials regarding protective sweeps. Enhanced materials on Terry stops, exploring both doctrinal developments and policy implications. Ramos v. Louisiana (2020) and simplified discussion of the constitutional requirement of jury unanimity, replacing Apodaca and its confusing array of overlapping plurality opinions. Edwards v. Vannoy (2021) and its holding that Ramos does not apply retroactively on federal habeas review. Materials on retroactivity and habeas, often perplexing for students, are presented in clear and simple terms. Discovery reform in New York State. Benefits for instructors and students: A mixture of classic and new Supreme Court cases on criminal procedure. Call-out boxes that outline statutory requirements. Call-out boxes that focus on more demanding state law rules. Problem cases that require students to apply the law to new facts. A Practice and Policy section which allows a deeper investigation of doctrinal and policy controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them. Modest number of notes and questions, inviting closer examination of doctrine and generating class discussion, without overwhelming or distracting students. Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles). Logical organization and manageable length. Open, two-color design with appealing visual elements (including carefully selected photographs).
Book Synopsis Criminal Law, Procedure, and Evidence by : Walter P. Signorelli
Download or read book Criminal Law, Procedure, and Evidence written by Walter P. Signorelli and published by Taylor & Francis. This book was released on 2023-10-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.
Book Synopsis Procedural Due Process by : Rhonda Wasserman
Download or read book Procedural Due Process written by Rhonda Wasserman and published by Bloomsbury Publishing USA. This book was released on 2004-10-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers, synthesizes and analyzes case law in a variety of substantive contexts, including public employment, prison administration, and government benefits. It places current case law into historical context, serving as a reference guide for students, practitioners, judges and scholars interested in procedural due process. The author addresses the central requirements of notice and the opportunity to be heard as well as the day in court ideal. It also examines the protection due process affords against litigation in a distant forum with which the defendant has no connection.
Book Synopsis Comprehensive Criminal Procedure by : Ronald Jay Allen
Download or read book Comprehensive Criminal Procedure written by Ronald Jay Allen and published by Aspen Publishing. This book was released on 2020-02-13 with total page 2572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive Criminal Procedure, Fifth Edition is perfect for all introductory courses in criminal procedure law (including both investigation and adjudication courses, as well as comprehensive and survey courses). The casebook focuses primarily on constitutional criminal procedure law, but also covers relevant statutes and court rules. The casebook is deliberately challenging—it is designed for teachers who want to explore deeply not only the contemporary state of the law, but also its historical and theoretical foundations. The casebook incorporates a particular emphasis on empirical knowledge about the real-world impacts of law-in-action; the significance of race and class; the close relationship between criminal procedure law and substantive criminal law; the cold reality that hard choices sometimes must be made in a world of limited criminal justice resources; and, finally, the recognition that criminal procedure law always should strive to achieve both fairness to the accused and justice for society as a whole. New to the Fifth Edition: Cutting edge developments in caselaw, statutory material, and academic commentary An important reordering of certain areas of the Fourth Amendment and related materials that make them even more user-friendly Insightful examination of the turmoil in the modern Fourth Amendment cases as the Supreme Court, notably splintered over the appropriate methods of interpreting the Constitution, faces the implications of rapidly changing technology. The latest in case law, statutory material, and academic commentary about due process, the right to counsel, pretrial practice, guilty pleas, trial rights, sentencing, double jeopardy, and post-trial procedures Increased emphasis on the role of prosecutorial decision-making An updated treatment of the critical role of plea bargaining A new section on forfeitures and the Eighth Amendment Professors and students will benefit from: A rigorous and challenging criminal procedure casebook with careful presentation and editing A prestigious author team that incorporates the latest and most highly respected developments in legal scholarship in the field of criminal procedure law An appropriate balance of explanatory text and secondary material Thematic organization structured around important main themes Extensive revisions and updates A casebook that is the only criminal procedure casebook on the market today that enables students to understand the roots of the modern controversy over privacy and security in a digital age
Book Synopsis Criminal Procedure by : Ronald J. Allen
Download or read book Criminal Procedure written by Ronald J. Allen and published by Aspen Publishing. This book was released on 2020-02-13 with total page 1794 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Procedure: Adjudication and Right to Counsel, Third Edition is designed for the criminal procedure course focused on the pretrial, trial, and post-trial processes. It covers prosecutorial decision making, pretrial release, grand juries, speedy trial rights, venue, joinder and severance, discovery, guilty pleas and plea bargains, trials, sentencing, appeals, and postconviction challenges. The book is designed to be used with the annual supplement that contains the statutes and rules covered in the course. This split is derived from the successful casebook Comprehensive Criminal Procedure by the same experienced author team. New to the Third Edition: The latest in case law, statutory material, and academic commentary about due process, the right to counsel, pretrial practice, guilty pleas, trial rights, sentencing, double jeopardy, and post-trial procedures An increased emphasis on the role of prosecutorial decision-making An updated treatment of the critical role of plea bargaining A new section on forfeitures and the Eighth Amendment Professors and students will benefit from: A rigorous and challenging criminal procedure casebook with an outstanding author team Sound grounding of the law in criminal process and the right to counsel Thematic organization of the cases and text that make the book both manageable and accessible The latest and most highly respected developments in legal scholarship that help both professors and students alike stay up-to-date in the field of criminal procedure law
Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby
Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby and published by Oxford University Press. This book was released on 2017 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
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: Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes-- portability, meaningful feedback, and greater efficiency. 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 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 Inclusion of a generous number of case excerpts to help students develop their ability to read legal texts closely and extract useful information Problems and "Practice Perspectives" CasebookConnect features: ONLINE E-BOOK Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
Book Synopsis The Trial on Trial: Volume 1 by : R A Duff
Download or read book The Trial on Trial: Volume 1 written by R A Duff and published by Hart Publishing. This book was released on 2004-12-31 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is questions whether the discovery of truth is the central aim of the rules and practices of criminal investigation and trial.
