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Brief Of 27 Law Professors As Amici Curiae In Support Of Petitioner
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Book Synopsis Constitutional Engagement in a Transnational Era by : Vicki Jackson
Download or read book Constitutional Engagement in a Transnational Era written by Vicki Jackson and published by Oxford University Press. This book was released on 2013-02-15 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, supranational infrastructures of human rights and trade law, and growing comparative judicial awareness. This new environment is reflected in increasing cross-national references in constitutional court decisions around the world. The constellation of legal orders in which established constitutional regimes operate has changed - there are more bodies generating law, more international legal sources, and more multi-national interactions that bring into view various legal orders. How do these transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases? Constitutional Engagement in a Transnational Era explores this question, looking at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law. For the United States, the book argues for cautious engagement by the Supreme Court with transnational sources of law in interpreting the national constitution. Constitutional Engagement in a Transnational Era offers law school students and professors an authoritative study of comparative constitutional law by one of the most important scholars of domestic and comparative constitutional law. The book defines how international comparative experiences are relevant to constitutional analysis and discusses in detail the multiple possible connections between international law and constitutional law including a comparative overview of constitutional law in Australia, Canada, France, Germany, India, Israel, South Africa, the United Kingdom, and the United States.
Download or read book Because of Sex written by Gillian Thomas and published by Macmillan + ORM. This book was released on 2016-03-08 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Meticulously researched and rewarding to read...Thomas is a gifted storyteller.” —The New York Times Book Review Best known as a monumental achievement of the civil rights movement, the 1964 Civil Rights Act also revolutionized the lives of America’s working women. Title VII of the law made it illegal to discriminate “because of sex.” But that simple phrase didn’t mean much until ordinary women began using the law to get justice on the job—and some took their fights all the way to the Supreme Court. Among them were Ida Phillips, denied an assembly line job because she had a preschool-age child; Kim Rawlinson, who fought to become a prison guard—a “man’s job”; Mechelle Vinson, who brought a lawsuit for sexual abuse before “sexual harassment” even had a name; Ann Hopkins, denied partnership at a Big Eight accounting firm because the men in charge thought she needed "a course at charm school”; and most recently, Peggy Young, UPS truck driver, forced to take an unpaid leave while pregnant because she asked for a temporary reprieve from heavy lifting. These unsung heroines’ victories, and those of the other women profiled in Gillian Thomas' Because of Sex, dismantled a “Mad Men” world where women could only hope to play supporting roles; where sexual harassment was “just the way things are”; and where pregnancy meant getting a pink slip. Through first-person accounts and vivid narrative, Because of Sex tells the story of how one law, our highest court, and a few tenacious women changed the American workplace forever.
Book Synopsis Historical Origins of International Criminal Law by : Morten Bergsmo
Download or read book Historical Origins of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-11-19 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Confirmation Hearings on Federal Appointments by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Confirmation Hearings on Federal Appointments written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2013 with total page 1308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Animal Cruelty and Freedom of Speech by : Abigail Perdue
Download or read book Animal Cruelty and Freedom of Speech written by Abigail Perdue and published by Purdue University Press. This book was released on 2014-05-15 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collaboration between an attorney and an animal protection advocate, this work utilizes the extremely controversial and high-profile "crush video" case, US v. Stevens, to explore how American society attempts to balance the protection of free speech and the prevention of animal cruelty. Starting from the detailed case study of a single prominent ruling, the authors provide a masterful survey of important issues facing society in the area of animal welfare. The Stevens case included various "hot topic" elements connected to the role of government as arbiter of public morality, including judicial attitudes to sexual deviance and dogfighting. Because it is one of only two animal rights cases that the US Supreme Court has handled, and the only case discussing the competing interests of free speech and animal cruelty, it will be an important topic for discussion in constitutional and animal law courses for decades to come. The Stevens case arose from the first conviction under 18 USC § 48 (Section 48), a federal law enacted in 1999, which criminalized the creation, sale, and/or possession of certain depictions of animal cruelty. The US Congress intended Section 48 to end the creation and interstate trafficking of depictions of animal cruelty in which animals are abused or even killed for entertainment's sake. Proponents of Section 48 predicted that countless benefits to both humans and animals would flow from its enforcement. Opponents of the law argued that it was too far-reaching and would stifle protected speech. Critics of Section 48 appeared to have prevailed when the US Supreme Court struck the law down as unconstitutionally overbroad. Although a law tailored to address the Supreme Court's concerns was quickly enacted, the free speech/animal cruelty controversy is far from over.
Book Synopsis Same, Different, Equal by : Rosemary C. Salomone
Download or read book Same, Different, Equal written by Rosemary C. Salomone and published by Yale University Press. This book was released on 2008-10-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although coeducation has been the norm within private and public schools since the 1970s, single-sex education has staged a comeback in recent years as a means of addressing the academic and social problems faced by some students. Single-sex education raises controversy on ideological grounds, and in 1996 the Supreme Court struck down the all-male admissions policy at the Virginia Military Institute in a decision that has cast a legal cloud over public initiatives. In this timely book, Rosemary Salomone offers a reasoned educational and legal argument supporting single-sex education as an alternative to coeducation, particularly in the case of disadvantaged minority students. Salomone examines the history of women’s education and exclusion, philosophical and psychological theories of sameness and difference, findings on educational achievement and performance, the research evidence on single-sex schooling, and the legal questions that have arisen. Correcting many of the current misconceptions about single-sex education, she argues that it is a viable option and that the road to gender equality should be paved with diverse educational opportunities for all students—regardless of race, class, or gender.
Download or read book Rutgers Law Journal written by and published by . This book was released on 2005 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Proceedings in the United States Supreme Court no. 01-618 [continued]: c. Briefs of amici curiae in support of petitioners. Briefs of amici curiae in support of respondent by : Eric Eldred
Download or read book Proceedings in the United States Supreme Court no. 01-618 [continued]: c. Briefs of amici curiae in support of petitioners. Briefs of amici curiae in support of respondent written by Eric Eldred and published by . This book was released on 2002 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: This case challenges the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (CTEA).
Book Synopsis Harvard Law Review: Volume 129, Number 1 - November 2015 by : Harvard Law Review
Download or read book Harvard Law Review: Volume 129, Number 1 - November 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-11-10 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: The November issue of the Harvard Law Review is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2014 Term, articles include: • Foreword: “Does the Constitution Mean What It Says?," by David A. Strauss • Comment: “Imperfect Statutes, Imperfect Courts: Understanding Congress’s Plan in the Era of Unorthodox Lawmaking,” by Abbe R. Gluck • Comment: “Zivotofsky II as Precedent in the Executive Branch,” by Jack Goldsmith • Comment: “A New Birth of Freedom?: Obergefell v. Hodges,” by Kenji Yoshino In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political, and constitutional subjects. Student commentary on Leading Cases of the 2014 Term includes recent cases on: private rights of action and Medicaid; government speech under the First Amendment; judicial campaign speech; Fourth Amendment standing; reasonable mistakes of law for searches and seizure; regulatory takings under the Fifth Amendment; preliminary injunctions in death penalty cases; separation of powers in bankruptcy jurisdiction; legislative control of redistricting; racial gerrymandering under the Fourteenth Amendment; dormant commerce clause and personal income tax; changing interpretive rules in administrative law; residual clause of the Armed Career Criminal Act; cost-benefit analysis under the Clean Air Act; mens rea for violating federal threats law; disparate impact and racial equality in fair housing law; nondelegation doctrine in the context of railroad-passenger law; religious liberty and land use; Sherman Act state action immunity; and destruction of evidence under Sarbanes-Oxley. Complete statistical graphs and tables of the Court's actions and results during the Term are included; these summaries and statistics, including voting patterns of individual justices, have been considered very useful to scholars of the Court in law and political science. The issue includes a linked Table of Cases and citations for the opinions. Finally, the issue features two summaries of Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. This current issue of the Review is November 2015, the first issue of academic year 2015-2016 (Volume 129).
Book Synopsis The Oxford Handbook of Legal History by : Markus D. Dubber
Download or read book The Oxford Handbook of Legal History written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-07-26 with total page 1254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Book Synopsis European Competition Law Annual 2013 by : Philip Lowe
Download or read book European Competition Law Annual 2013 written by Philip Lowe and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.
Book Synopsis The Secret Circuit by : Bruce Abramson
Download or read book The Secret Circuit written by Bruce Abramson and published by Rowman & Littlefield. This book was released on 2007 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Court of Appeals for the Federal Circuit was born in the early 1980s as part of the drive to liberalize and reinvigorate the American economy. Its docket covers the rules guiding patents, innovation, globalization, and much of government. Are these rules impelling the economy forward or holding it back? Are the policies that we have the policies that we want? The Secret Circuit demystifies this Court's work and answers these questions.
Book Synopsis Records and Briefs of the United States Supreme Court by :
Download or read book Records and Briefs of the United States Supreme Court written by and published by . This book was released on 1832 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Chimpanzee Rights by : Kristin Andrews
Download or read book Chimpanzee Rights written by Kristin Andrews and published by Routledge. This book was released on 2018-08-30 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2013, an organization called the Nonhuman Rights Project has brought before the New York State courts an unusual request—asking for habeas corpus hearings to determine whether Kiko and Tommy, two captive chimpanzees, should be considered legal persons with the fundamental right to bodily liberty. While the courts have agreed that chimpanzees share emotional, behavioural, and cognitive similarities with humans, they have denied that chimpanzees are persons on superficial and sometimes conflicting grounds. Consequently, Kiko and Tommy remain confined as legal "things" with no rights. The major moral and legal question remains unanswered: are chimpanzees mere "things", as the law currently sees them, or can they be "persons" possessing fundamental rights? In Chimpanzee Rights: The Philosophers’ Brief, a group of renowned philosophers considers these questions. Carefully and clearly, they examine the four lines of reasoning the courts have used to deny chimpanzee personhood: species, contract, community, and capacities. None of these, they argue, merits disqualifying chimpanzees from personhood. The authors conclude that when judges face the choice between seeing Kiko and Tommy as things and seeing them as persons—the only options under current law—they should conclude that Kiko and Tommy are persons who should therefore be protected from unlawful confinement "in keeping with the best philosophical standards of rational judgment and ethical standards of justice." Chimpanzee Rights: The Philosophers’ Brief—an extended version of the amicus brief submitted to the New York Court of Appeals in Kiko’s and Tommy’s cases—goes to the heart of fundamental issues concerning animal rights, personhood, and the question of human and nonhuman nature. It is essential reading for anyone interested in these issues.
Book Synopsis California. Court of Appeal (1st Appellate District). Records and Briefs by : California (State).
Download or read book California. Court of Appeal (1st Appellate District). Records and Briefs written by California (State). and published by . This book was released on with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis To Trust the People with Arms by : Robert J. Cottrol
Download or read book To Trust the People with Arms written by Robert J. Cottrol and published by University Press of Kansas. This book was released on 2023-10-06 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007, for the first time in nearly seventy years, the Supreme Court decided to hear a case involving the Second Amendment. The resulting decision in District of Columbia v. Heller (2008) was the first time the Court declared a firearms restriction to be unconstitutional on the basis of the Second Amendment. It was followed two years later by a similar decision in McDonald v. City of Chicago, and in 2022, the Court further expanded its support for Second Amendment rights in New York State Rifle and Pistol Association v. Bruen—a decision whose far-reaching implications are still being unraveled.To Trust the People with Arms explores the remarkable and complex legal history of how the right to bear arms was widely accepted during the nation’s founding, was near extinction in the late twentieth century, and is now experiencing a rebirth in the Supreme Court in the twenty-first century. Robert J. Cottrol and Brannon P. Denning link the right to bear arms with other major themes in American history. Prompted by the eighteenth-century belief that arms played a vital role in preserving the liberties of the citizen, the Second Amendment met many challenges in the nation’s history. Among the most acute of these were racism, racial violence, and the extension of the right to bear arms to African Americans and other marginalized groups. The development of modern firearms and twentieth-century urbanization also challenged traditional notions concerning the value of an armed population. Cottrol and Denning make a particularly important contribution linking the nation’s participation in the wars of the twentieth century and the strengthening of American gun culture. Most of all, they give a nuanced and sophisticated legal history that engages legal realism, different varieties of originalism, and the role of chance and accident in history. To Trust the People with Arms integrates history, politics, and law in an interdisciplinary way to illustrate the roles that guns and the right to keep and bear arms have played in American history, culture, and law.
Book Synopsis Eric Eldred, Et Al. V. John Ashcroft by : Eric Eldred
Download or read book Eric Eldred, Et Al. V. John Ashcroft written by Eric Eldred and published by . This book was released on 2002 with total page 964 pages. Available in PDF, EPUB and Kindle. Book excerpt: This case challenges the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (CTEA).
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