Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Download Legislative And Judicial Law Making Concerning Educational Liberty And Equality full books in PDF, epub, and Kindle. Read online Legislative And Judicial Law Making Concerning Educational Liberty And Equality ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author : Amos Shapira
Publisher :
ISBN 13 :
Total Pages : 14 pages
Book Rating : 4.:/5 (61 download)
Download or read book Legislative and Judicial Law-making Concerning Educational Liberty and Equality written by Amos Shapira and published by . This book was released on 1979 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kimberly Jenkins Robinson
Publisher : NYU Press
ISBN 13 : 147989074X
Total Pages : 390 pages
Book Rating : 4.4/5 (798 download)
Download or read book A Federal Right to Education written by Kimberly Jenkins Robinson and published by NYU Press. This book was released on 2019-12-17 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.
Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.6/5 (74 download)
Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Author : Clark Spurlock
Publisher : Westport, Conn. : Greenwood Press
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.X/5 ( download)
Download or read book Education and the Supreme Court written by Clark Spurlock and published by Westport, Conn. : Greenwood Press. This book was released on 1973 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume is intended to provide Supreme Court opinions bearing on education in a form readily useful to teachers and laymen. The cases involved have been assigned their constitutional context and are cast against the general background of their times. Then, because the Justices, more than most public servants, have had to give reasons for their actions at the moment of performance, and became many of the Court opinions which include these reasons have become notable documents in the history of American education, the Court is extensively quoted. It may be discovered that the Court's impressive building in Washington has grown close to affairs in and about our neighborhood schools"--Preface.
Author : Drenner, Karla L.
Publisher : IGI Global
ISBN 13 : 1799868095
Total Pages : 353 pages
Book Rating : 4.7/5 (998 download)
Download or read book Faith-Based Influences on Legislative Decision Making: Emerging Research and Opportunities written by Drenner, Karla L. and published by IGI Global. This book was released on 2021-11-19 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, state legislatures in the United States have been transformed based on the social identities of their membership. At its most fundamental level, the debate over LGBTQ rights always has been a debate over the right of LGBTQ people to exist. While the role faith plays in legislative decision making is rooted within government functions, careful examination and change must be conducted to protect the humanity of those at risk through these influences. Faith-Based Influences on Legislative Decision Making: Emerging Research and Opportunities explores the balance between religious freedoms of legislators and the human rights of members of the LGBTQ community. Examining the politics and institutional forces brought to bear on LGBTQ claims for visibility, recognition, and dignity, this book is organized into three sections, each of which uses a distinct institutional lens—historical, legal, and religious. The author attempts to demonstrate that while the clash of cultures between these groups is real, it is not simple. The faith worldviews of each share common structural features but often reach extremely different conclusions. Covering topics such as marriage equality, religious liberty, and court cases, this book is an essential resource for students and educators in political science, policymakers, legislators, historians, sociologists, researchers, universities, administrations, community leaders, and academicians.
Author : Thomas H. Burrell
Publisher : Common Consent Press
ISBN 13 : 1945104007
Total Pages : 284 pages
Book Rating : 4.9/5 (451 download)
Download or read book Magna Carta and Due Process of Law written by Thomas H. Burrell and published by Common Consent Press. This book was released on 2016-03-08 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Magna Carta and Due Process of Law: The Road to American Judicial Activism provides a superb history of the rise of Parliament and the American Constitution. Unlike other authors covering this topic, Thomas Burrell examines American courts and discusses judicial activism. The due process language in the Magna Carta and English history reveals a strenuous effort to establish and protect participatory government from the arbitrary king ruling by will. In America, the framers of state and federal constitutions copied the language. Courts and common-law constitutionalism, however, rewrote the concept of the language. American courts have championed substantive due process to the detriment of representative government. After introducing the subject matter, Burrell provides a brief history of medieval political theory. The theory of kingship is examined and discussed. In the third chapter, we learn of Henry II’s rule per voluntatem as well as his assizes and the birth of the common law. The fourth chapter discusses King John and his fight with the barons leading up to the 1215 Magna Carta. With the Magna Carta, the barons established a foothold in the fight against the arbitrary king. The fifth chapter examines the remainder of the thirteenth century. With additional reform efforts, the barons took the gains of the Magna Carta to another level. Following Henry III’s reign, Edward I was a good king who ruled with his Council in Parliament. The sixth chapter discusses the rise of participatory government in the fourteenth century. During Edward II’s reign, the barons and Ordainers infiltrated the king’s Council in Parliament and transformed Parliament into a baronial system with lords and peers. In this chapter, the Commons’ petition is discussed along with the Council and the common law. Knights and burgesses, the Commons, frequently complained of royal or conciliar encroachment on the common law and Parliament’s law of the land—the need to safeguard due process of law from arbitrary forces. The seventh chapter summarizes medieval English legal history and the High Court of Parliament. Burrell makes several observations about the English Constitution. The eighth chapter carries the English Constitution into the seventeenth century. Briefly, this chapter notes conflict during the Stuarts and the resulting changes to the English form of government. Many of the gains introduced with the Magna Carta and fourteenth-century reforms were realized in the seventeenth century. The ninth chapter discusses the American Constitution and the Fifth Amendment. The Fifth Amendment uses language directly from Magna Carta’s Chapter 39. The tenth chapter examines judicial activism and substantive due process in the state and federal courts. American judges in the early nineteenth century struggled with language and fused variable meanings and constitutional common law to the concept of due process of law. Ultimately, judges inverted the original meaning from protecting participatory government to creating arbitrary government in the judiciary. One case precedent provided authority for the next until a complete fabrication of the concept was achieved. America became a judicial state. In this judicial state, judges have the power to socially reengineer society by inventing constitutional restrictions on representative government. The people are left out of the equation. Whether you are on the American or English side of the Atlantic, you’ll find Magna Carta and Due Process of Law: The Road to American Judicial Activism educational and rewarding. Have a position on gay marriage, abortion, equal rights, religious liberty, or the death penalty? Improve your knowledge and argument with Magna Carta and Due Process of Law. In the process, you’ll learn about English legal history, the American Constitution, the Bill of Rights, and the United States Supreme Court.
Author : National Organization on Legal Problems of Education
Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.:/5 (43 download)
Download or read book Frontiers of School Law written by National Organization on Legal Problems of Education and published by . This book was released on 1973 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alexander Tsesis
Publisher : Oxford University Press
ISBN 13 : 0199359865
Total Pages : 217 pages
Book Rating : 4.1/5 (993 download)
Download or read book Constitutional Ethos written by Alexander Tsesis and published by Oxford University Press. This book was released on 2017-02-27 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges, courts, and scholars in the United States agree that the Constitution is the supreme law of the land, but there is much disagreement about its meaning. So what seems to be incontestable truth is riddled with disagreements about every day questions of decision making on matter such as whether people are entitled to government created programs, what rights are fundamental, the criteria for voting, the three branches of governments' several responsibilities, and even who should have the final say in defining the Constitution's meaning. Constitutional Ethos is a groundbreaking investigation into the fundamental principles of constitutional principle, meaning, and interpretation. It explores the core purposes of American representative democracy in light of historical sources, recent precedents, and contemporary debates. Alexander Tsesis argues that a central norm of U.S. law can be derived from the Declaration of Independence and Preamble. This book develops a theory of constitutional law structured on the public duty to protect individual rights for the general welfare. The maxim of constitutional governance synthesizes the protection of individual and public rights. The ideal is neither solely theoretical nor customary but tied to a firm foundation that the people then build upon by lobbying elected officials and petitioning appointed judges. Representative government has an interlinked obligation to the individual and the general welfare. This paradigm for responsible governance sets the baseline against which citizens can hold policy makers accountable to the structural and normative commitments of the Constitution. A pluralistic system must respect human dignity and govern for the betterment of the body politic. Those mandates set the terms for exercising legitimate power at the federal, state, and local levels to protect individual rights to achieve the common good of civil society. Tsesis demonstrates that ethos is binding on the conduct of all three branches of government and their officeholders. His argument challenges the more common U.S. perspective among academics and judges, who typically discount the existence of any objective constitutional value, regarding the document as a construct of social norms. To the contrary, Tsesis shows that the people established the terms of the nation's founding documents to protect universal, unalienable rights. The structure of government provides the mechanisms of those in a pluralistic state to set reasonable limitations for the betterment of society as a whole. Understanding the Constitution's special place in American legal culture is essential for resolving a host of contemporary issues; including, those involving marital, gender, and voting equalities. The state is a means of optimizing the well-being of individuals. Human productivity can best flourish in a society of equals, where talents can be brought to bear in the betterment of self and other members of the community. The Constitution does not create rights but protects those universal ideals of representative democracy first set out in the Declaration of Independence. It further grants authority to political institutions for the enforcement of policies and concrete laws for the betterment of society or some relevant segment of it. Many scholars with leanings in legal realism and process theory believe the authority of government is a social construct created by popular majorities; Tsesis convincingly demonstrates, to the contrary, that even those laws enacted by popular majorities are not authoritative unless they accord with a central maxim of constitutionalism, which is the protection of individual rights for the common good.
Author : National Organization on Legal Problems of Education
Publisher :
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.X/5 ( download)
Download or read book Current Legal Issues in Education written by National Organization on Legal Problems of Education and published by . This book was released on 1977 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ronald Dworkin
Publisher : Cambridge : Harvard University Press
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.:/5 (31 download)
Download or read book Taking Rights Seriously written by Ronald Dworkin and published by Cambridge : Harvard University Press. This book was released on 1977 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirteen articles define and defend a theory of law more liberal than the current legal positivism that restricts individual legal rights to those created by political decision or by explicit social practice. The thesis advanced by Dworkin is that people have rights against the state that are prior to those created by legislation.
Author : Lawrence Friedman
Publisher : Aspen Publishing
ISBN 13 : 1543804284
Total Pages : 984 pages
Book Rating : 4.5/5 (438 download)
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.
Author : Stephen R. Goldstein
Publisher :
ISBN 13 :
Total Pages : 236 pages
Book Rating : 4.F/5 ( download)
Download or read book Law and Equality in Education written by Stephen R. Goldstein and published by . This book was released on 1980 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lee Edwards
Publisher : Heritage Foundation
ISBN 13 :
Total Pages : 238 pages
Book Rating : 4.F/5 ( download)
Download or read book Bringing Justice to the People written by Lee Edwards and published by Heritage Foundation. This book was released on 2004 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an insider's view, the book charts the evolution of the movement, starting with the birth of the Pacific Legal Foundation on through the political and legal battles fought and won, including school choice, religious liberty, and racial preferences.
Author : Glen Krutz
Publisher :
ISBN 13 : 9781738998470
Total Pages : 0 pages
Book Rating : 4.9/5 (984 download)
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Author : Yoram Dinstein
Publisher : BRILL
ISBN 13 : 9004422900
Total Pages : 356 pages
Book Rating : 4.0/5 (44 download)
Download or read book Israel Yearbook on Human Rights, Volume 9 (1979) written by Yoram Dinstein and published by BRILL. This book was released on 2020-10-26 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971 - is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials, relating to Israel and the Administered Areas, which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). Volume 25 contains, among others, articles on The Israel Supreme Court and the Law of Belligerent Occupation; The Gaza and Jericho Autonomy and Human Rights; and The Contribution of Latin America to the Development of the International Court of Justice.
Author : William E. Nelson
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Fourteenth Amendment written by William E. Nelson and published by . This book was released on 1988-09-22 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public’s long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other.
Author : William B. Glidden
Publisher : Lexington Books
ISBN 13 : 0739185748
Total Pages : 189 pages
Book Rating : 4.7/5 (391 download)
Download or read book Congress and the Fourteenth Amendment written by William B. Glidden and published by Lexington Books. This book was released on 2013-08-29 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discrepancy between the fourteenth amendment’s true meaning as originally understood, and the Supreme Court’s interpretation of its meaning over time, has been dramatic and unfortunate. The amendment was intended to be a constitutional rule for the promotion and protection of people’s rights, administered by the states as front-line regulators of life, liberty, and property, to be overseen by Congress and supported by federal legislation as necessary. In this book, William B. Glidden makes the case that instead, the amendment has operated as a judge-dominated, negative rights-against-government regime, supervised by the Supreme Court. Whenever Congress has enacted legislation to protect life, liberty, or property rights of people in the states, the laws were often overturned, narrowly construed, or forced to rely on the power of Congress to regulate interstate commerce, under the Supreme Court’s constraining interpretations. Glidden proposes that Congress must recover for itself or be restored to its proper role as the designated federal enforcement agency for the fourteenth amendment.
