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The Arc Of Due Process In American Constitutional Law
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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 2013-03-27 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 of Law by : John V. Orth
Download or read book Due Process of Law written by John V. Orth and published by . This book was released on 2003 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general.
Book Synopsis American Constitutional Law 2004 by : Charles A. Shanor
Download or read book American Constitutional Law 2004 written by Charles A. Shanor and published by . This book was released on 2004 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Farber, Eskridge and Frickey's 2004 Supplement to Constitutional Law by : Daniel A. Farber
Download or read book Farber, Eskridge and Frickey's 2004 Supplement to Constitutional Law written by Daniel A. Farber and published by . This book was released on 2004-08 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The casebook reflects developments through the most recent Term of the United States Supreme Court. This supplement includes material from the 1997 to date Terms of the Supreme Court, as well as some developments in the lower courts.
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 Impartial Justice by : Eric T. Kasper
Download or read book Impartial Justice written by Eric T. Kasper and published by Lexington Books. This book was released on 2013-03-22 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution’s Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment’s promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court’s ultimate decisions in these cases.
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 2002 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Due Process as American Democracy by : Martin H. Redish
Download or read book Due Process as American Democracy written by Martin H. Redish and published by Oxford University Press. This book was released on 2024 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due Process as American Democracy provides a fresh view of the constitutional guarantee of due process, grounded in an original perspective on the nature of American democratic theory. Redish proposes radical alterations in current judicial approaches to the nature of due process in a variety of areas of judicial procedure and constitutional law.
Book Synopsis Constitutional Law by : Jerome A. Barron
Download or read book Constitutional Law written by Jerome A. Barron and published by . This book was released on 2002 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Constitution and Criminal Procedure by : Akhil Reed Amar
Download or read book The Constitution and Criminal Procedure written by Akhil Reed Amar and published by Yale University Press. This book was released on 1997-01-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.
Book Synopsis Entrapment, Due Process, and the U.S. Constitution by : John Michael Callahan
Download or read book Entrapment, Due Process, and the U.S. Constitution written by John Michael Callahan and published by . This book was released on 1982 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Shaping a Nation written by Gary L. Rose and published by . This book was released on 2010 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interprets the Supreme Court cases that have played a unique role in changing American law, politics and history. This title includes twenty-five cases that are preceded by a treatment of the historical, political and economic context during which they are decided.
Book Synopsis Criminal Procedure and the Constitution by : Jerold H. Israel
Download or read book Criminal Procedure and the Constitution written by Jerold H. Israel and published by . This book was released on 1995 with total page 868 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis About Guilt and Innocence by : Donald A. Dripps
Download or read book About Guilt and Innocence written by Donald A. Dripps and published by Bloomsbury Publishing USA. This book was released on 2002-12-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Why does the American criminal justice system punish too many innocent people, failing to punish so many guilty parties and imposing a disproportionate burden on blacks? This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Criminal procedure ought to be about protecting the innocent, punishing the guilty, and doing equal justice. Modern legal doctrine, however, hinders these pursuits by concentrating on the specific procedural safeguards contained in the Bill of Rights. Dripps argues that a renewed focus on the Fourteenth Amendment would be more consistent than current law with both our values and with the legitimate sources of Constitutional law, and will promote the instrumental values the criminal process ought to serve. Legal and constitutional scholars will find his account of our criminal system's disarray compelling, and his argument as to how it may be reconstructed important and provoking.
Book Synopsis Constitutional Law, Principles and Policy by : Jerome A. Barron
Download or read book Constitutional Law, Principles and Policy written by Jerome A. Barron and published by . This book was released on 1982 with total page 1194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
