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Regulating Our Constitutional Rights
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Book Synopsis Regulating Our Constitutional Rights by : William B. Glidden
Download or read book Regulating Our Constitutional Rights written by William B. Glidden and published by Rowman & Littlefield. This book was released on 2023-05-22 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that we the people’s rights under the Constitution as amended cannot be characterized as “specific prohibitions” against government. Life, liberty, and property rights, and the freedoms of religion, speech, and press, for example, are neither self-defining nor precise. Accordingly, in our representative democracy, the unelected, unaccountable, life-tenured judges on the Supreme Court should defer to the laws of Congress affecting these rights absent a clear constitutional violation. But the modern conservative Court has become increasingly willing to overturn the laws and policy choices of our nation’s elected representatives based on the judges’ political and ideological preferences. Congress has the constitutional power to control the jurisdiction of the lower federal courts and the appellate jurisdiction of the Supreme Court, but it has not chosen to exercise this power in any meaningful way to preserve and protect the American people’s right to be governed by majoritarian rule
Book Synopsis A Right to Lie? by : Catherine J. Ross
Download or read book A Right to Lie? written by Catherine J. Ross and published by University of Pennsylvania Press. This book was released on 2021-11-30 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.
Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author :Samuel D. Brandeis, Louis D. Warren Publisher :BoD – Books on Demand ISBN 13 :3732645487 Total Pages :42 pages Book Rating :4.7/5 (326 download)
Book Synopsis The Right to Privacy by : Samuel D. Brandeis, Louis D. Warren
Download or read book The Right to Privacy written by Samuel D. Brandeis, Louis D. Warren and published by BoD – Books on Demand. This book was released on 2018-04-05 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
Download or read book Saving the News written by Martha Minow and published by Oxford University Press. This book was released on 2021-06-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed argument of how our government has interfered in the direction of America's media landscape that traces major transformations in media since the printing press and charts a path for reform. In Saving the News, Martha Minow takes stock of the new media landscape. She focuses on the extent to which our constitutional system is to blame for the current parlous state of affairs and on our government's responsibilities for alleviating the problem. As Minow shows, the First Amendment of the US Constitution assumes the existence and durability of a private industry. Although the First Amendment does not govern the conduct of entirely private enterprises, nothing in the Constitution forecloses government action to regulate concentrated economic power, to require disclosure of who is financing communications, or to support news initiatives where there are market failures. Moreover, the federal government has contributed financial resources, laws, and regulations to develop and shape media in the United States. Thus, Minow argues that the transformation of media from printing presses to the internet was shaped by deliberate government policies that influenced the direction of private enterprise. In short, the government has crafted the direction and contours of America's media ecosystem. Building upon this basic argument, Minow outlines an array of reforms, including a new fairness doctrine, regulating digital platforms as public utilities, using antitrust authority to regulate the media, policing fraud, and more robust funding of public media. As she stresses, such reforms are not merely plausible ideas; they are the kinds of initiatives needed if the First Amendment guarantee of freedom of the press continues to hold meaning in the twenty-first century.
Author :Director Edmond J Safra Center for Ethics and Roy L Furman Professorship of Law Lawrence Lessig Publisher :Createspace Independent Publishing Platform ISBN 13 :9781537290904 Total Pages :378 pages Book Rating :4.2/5 (99 download)
Book Synopsis Code by : Director Edmond J Safra Center for Ethics and Roy L Furman Professorship of Law Lawrence Lessig
Download or read book Code written by Director Edmond J Safra Center for Ethics and Roy L Furman Professorship of Law Lawrence Lessig and published by Createspace Independent Publishing Platform. This book was released on 2016-08-31 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.
Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Book Synopsis Know Your Rights by : U.s. Attorney's Office
Download or read book Know Your Rights written by U.s. Attorney's Office and published by CreateSpace. This book was released on 2014-05-27 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than 200 years, the Constitution of the United States has been a “working” document, maintaining the original principles upon which our nation was founded while, at the same time, changing with the country, as reflected in its amendments. While the U.S. Constitution itself outlines the basic structure of the federal government, its twenty-seven amendments address many subjects but primarily focus on the rights of individual American citizens. This booklet outlines those rights, offering historical context and other information that is both interesting and informative.The continued vitality of our democracy is dependent upon an informed citizenry. Understanding the history of the Constitution and its amendments will assist all of us in more fully appreciating these rights and responsibilities as they have evolved over time. Moreover, such understanding will ensure that these rights will continue to be exercised, valued, and cherished by future generations.
Book Synopsis How Our Laws are Made by : John V. Sullivan
Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Lectures on the Constitution of the United States by : Samuel Freeman Miller
Download or read book Lectures on the Constitution of the United States written by Samuel Freeman Miller and published by Fred B. Rothman. This book was released on 1891 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents in a clear & bold outline the great fundamental principles governing our constitutional system.
Book Synopsis Free Speech and the Regulation of Social Media Content by : Valerie C. Brannon
Download or read book Free Speech and the Regulation of Social Media Content written by Valerie C. Brannon and published by Independently Published. This book was released on 2019-04-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Download or read book Regulation written by Jerry Brito and published by Mercatus Center at George Mason University. This book was released on 2012-08-13 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal regulations affect nearly every area of our lives and interest in them is increasing. However, many people have no idea how regulations are developed or how they have an impact on our lives. Regulation: A Primer by Susan Dudley and Jerry Brito provides an accessible overview of regulatory theory, analysis, and practice. The Primer examines the constitutional underpinnings of federal regulation and discusses who writes and enforces regulation and how they do it. Published by the Mercatus Center at George Mason University, it also provides insights into the different varieties of regulation and how to analyze whether a regulatory proposal makes citizens better or worse off. Each chapter discusses key aspects of regulation and provides further readings for those interested in exploring these topics in more detail.
Book Synopsis The Heritage Guide to the Constitution by : David F. Forte
Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Simon and Schuster. This book was released on 2014-09-16 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
Book Synopsis Lessons in Censorship by : Catherine J. Ross
Download or read book Lessons in Censorship written by Catherine J. Ross and published by Harvard University Press. This book was released on 2015-10-19 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: American public schools often censor controversial student speech that the Constitution protects. Lessons in Censorship brings clarity to a bewildering array of court rulings that define the speech rights of young citizens in the school setting. Catherine J. Ross examines disputes that have erupted in our schools and courts over the civil rights movement, war and peace, rights for LGBTs, abortion, immigration, evangelical proselytizing, and the Confederate flag. She argues that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy. From the 1940s through the Warren years, the Supreme Court celebrated free expression and emphasized the role of schools in cultivating liberty. But the Burger, Rehnquist, and Roberts courts retreated from that vision, curtailing certain categories of student speech in the name of order and authority. Drawing on hundreds of lower court decisions, Ross shows how some judges either misunderstand the law or decline to rein in censorship that is clearly unconstitutional, and she powerfully demonstrates the continuing vitality of the Supreme Court’s initial affirmation of students’ expressive rights. Placing these battles in their social and historical context, Ross introduces us to the young protesters, journalists, and artists at the center of these stories. Lessons in Censorship highlights the troubling and growing tendency of schools to clamp down on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free speech. Throughout, Ross proposes ways to protect free expression without disrupting education.
Book Synopsis Citizenship as Foundation of Rights by : Richard Sobel
Download or read book Citizenship as Foundation of Rights written by Richard Sobel and published by Cambridge University Press. This book was released on 2016-10-26 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizenship as Foundation of Rights explains what it means to have citizen rights and how national identification requirements undermine them.
Book Synopsis Governing Against Freedom by : Jacob Clifton
Download or read book Governing Against Freedom written by Jacob Clifton and published by Independently Published. This book was released on 2024-02-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Embark on a Journey Through America's Constitutional Crisis Imagine a nation where the promise of "life, liberty, and the pursuit of happiness" has been undermined by the very institutions tasked with its protection. "Governing Against Freedom: Our Constitution Under Siege" is not just another book about political discord; it is an eye-opening expedition into the heart of America's constitutional turmoil. Step into the shadows with Chapter 1, where the chilling rise of government overreach is laid bare. From historical encroachments to the Patriot Act's far-reaching implications, you'll see liberty's battleground through case studies that will make your heart pound with urgency. In Chapter 2, the Constitution is decoded, not as a relic, but as the living document it was meant to be. The Bill of Rights and subsequent amendments are explored, revealing the deep wisdom of our founders-and the places where we have strayed dangerously off course. Witness the fracture lines spreading across the First Amendment in Chapter 3, as you navigate the precariously thin ice of free speech in modern America. Feel the tension as action against our voices grows, threatening to silence the very cornerstone of democracy. Chapter 4 dives into the Second Amendment, where the right to bear arms is not just about guns, but about the fundamental tenets of freedom. Here, the culture war over guns is revealed not as a simple policy dispute, but a reflection of a nation at a crossroads. The journey doesn't end there-privacy, property, due process, fair trials, and all the way through to how citizens can rise up to restore balance-are all scrutinized. Each chapter peels back layers of governmental power plays, uncovering the alarming reality of a Constitution under siege. As you turn the final page of "Governing Against Freedom: Our Constitution Under Siege", armed with knowledge from the concluding chapter on the path to reclaiming the republic, you'll find yourself awakened, inspired, and eager to join the ranks of those who fight for the founding principles of this great nation. It's time for the truths we hold self-evident to once again be self-evident. This is a call to those who value their freedoms: engage with a book that doesn't just outline problems but illuminates the path to becoming a catalyst for constitutional restoration. Your voice is needed more than ever. This battle for the soul of our Constitution cannot be won from the sidelines.
Book Synopsis United States Code by : United States
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
