Constitutional Law, Ninth Edition by Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet, Pamela S. Karlan, Aziz Z. Huq, and Leah M. Litman guides students through all facets of constitutional law, exploring traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Constitutional Law, Ninth Editiontakes a comprehensive approach to the way in which constitutional law arises. It offers instructors carefully edited cases and rich, interdisciplinary material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism; the second part addresses all facets of individual rights and liberties. Constitutional Law, Ninth Edition, also provides thoughtfully selected content on the First Amendment, to give students a well-rounded understanding of religion and free speech issues. New to the Ninth Edition: Extensively revised treatment of the Religion Clauses. Revamped material on abortion rights given Dobbs v. Jackson Women’s Health Organization. More focused and tightened presentation of judicial review, federalism, and other areas. Professors and students will benefit from: The text’s attention to policy, including discussion of competing critical and social perspectives. An interdisciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly edited cases, that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence. A comprehensive coverage that is ideal for a two-semester course.
* Provides tools for companies to interact with customers through blogging communities * Shows how to transform public relations and search marketing through consumer-generated media, RSS feeds and comment interaction strategies * Describes how to optimize blog articles for blog search engines and provides content strategies * Provides companies the planning tools to evaluate its blogging community and company resources for effective blogging
Her love rescued him once. But will it be enough to save them both this time? Lacey is finding her place in the world again. Happy with her emerging career in the Tasmania Police Force, a cottage on the coast, and handsome detective Nico by her side, everything is perfect. Nico is relishing his new life with Lacey, but he harbours a secret that may threaten their blissful romance. A meeting with someone from his past forces him to rethink his priorities, and he’s no longer sure if their love can last the distance. Then the murders start. The body of a young woman is found in a river. During the search for the killer, another battered corpse is discovered on a well-known hiking trail. Now Nico and Lacey must piece together the link between the victims, while the spectre of the mysterious serial killer re-emerges, leaving them unsure of their next move. Then the trail leads them to the dangerous Overland Track, where they believe the killer is hunting another victim. When his protective instincts kick in—it’s his job to safeguard Lacey, if only she’ll let him—they find themselves on a collision course. Both are determined to catch the criminal, but when their hearts get in the way, can they work together to solve the mystery? Or will they become the next targets instead?
The 2023 Annual Supplement, like prior Supplements, includes excerpts from recent scholarship and from important new decisions of the Supreme Court—including major cases on the distribution of national powers and equality. This term reflects the continued shift in the orientation of the Court after the appointment by President Trump of three new Justices. New to the 2023 Supplement: Moore v. Harper National Pork Producers Council v. Ross Biden v. Nebraska Students for Fair Admissions, Inc. v. President and Fellows of Harvard College Professors and students will benefit from: Judicious excerpts of recent opinions
Administrative Law: Cases and Materials is the product of a longstanding collaboration by a distinguished group of authors, each with extensive experience in the teaching, scholarship, and practice of administrative law. The Ninth Edition preserves the book’s distinctive features of functional organization and extensive use of case studies, with no sacrifice in doctrinal comprehensiveness or currency. By organizing over half of the book under the generic administrative functions of policymaking, adjudication, enforcement, and licensing, the book illuminates the common features of diverse administrative practices and the interconnection of otherwise disparate doctrines. Scattered throughout the book, case studies present leading judicial decisions in their political, legal, institutional, and technical context, thereby providing the reader with a much fuller sense of the reality of administrative practice and the important policy implications of seemingly technical legal doctrines. At the same time, the Ninth Edition fully captures the headline-grabbing nature of federal administrative practice in today’s politically divided world. New to the 9th Edition: Extensive coverage of the Major Questions Doctrine and the decline of Chevron Expanded coverage of presidential policy initiatives including Executive Orders on immigration and Student Loan Debt Forgiveness. Updated coverage of standing to secure judicial review and the timing of judicial review especially when a party challenges an agency’s structure as unconstitutional. Updated coverage of the agency deliberation exception to the Freedom of Information Act. A new focus on issues concerning the propriety of agency adjudication and the denial of the right to a jury in private rights disputes. Professors and students will benefit from: The “case study” approach illuminates the background policy and organizational context of many leading cases. The functional organization of materials in Part Two enables instructors to show how doctrinal issues are shaped by functional context. The theoretical material presented at the beginning of the book provides a useful template for probing issues throughout the course. The book is designed to be easily adaptable for use as an advanced course and in schools that have a first-year Legislation and Regulation course, especially with enhanced coverage of recurring issues that arise in agency adjudications. The units are organized so that many class sessions can focus on a single leading case, reducing the problem of “factual overload” that characterizes many administrative law courses. The case study approach helps students understand the context within which doctrinal issues arise and the way in which those issues affect important matters of public policy. The organization of Part Two conveys a deeper understanding of the characteristic functions performed by administrative agencies.
She might be broken, but he’s the one who needs rescuing. Lacey Carmichael is the daughter of a rich, influential family, and has led a sheltered life. Until she witnesses a horrific crime while working as a junior constable and decides to leave her job and simplify her life by travelling around Tasmania in her Kombi van. But her vehicle breaks down, and she becomes stranded in a tiny backwater town. Detective Nico Favreau approaches to offer his help, but in the dark Lacey mistakes him for a mugger and uses her Judo skills to incapacitate him. Ending up on the ground, Nico’s ego takes a beating, but when the sight of the blood on his face, triggers flashbacks for Lacey, he takes it on himself to offer her a place to stay. But this sleepy little township is not all it seems and on an early morning walk, Lacey responds to a call for help, only to find a woman unconscious, suffering stab wounds to her chest, lying in her front yard. But there is nothing Lacey can do to save the woman, and Lacey is now caught up in a murder investigation. A suspected serial killer is haunting the Tasmanian coastline, and Nico thinks the dead girl might be another of his victims. Stuck in Boat Harbour, and against her wishes, Lacey is drawn deeper into the conspiracy and lies that only a small town can hold. When she becomes the next target of the killer, Nico must do everything in his power and put his job on the line to save her.
Fame is like lightning. Taylor Swift, Bob Dylan, Leonardo da Vinci, Jane Austen, Oprah Winfrey—all of them were struck. Why? What if they hadn't been? Consider the most famous music group in history. What would the world be like if the Beatles never existed? This was the question posed by the playful, thought-provoking, 2019 film Yesterday, in which a young, completely unknown singer starts performing Beatles hits to a world that has never heard them. Would the Fab Four's songs be as phenomenally popular as they are in our own Beatle-infused world? The movie asserts that they would, but is that true? Was the success of the Beatles inevitable due to their amazing, matchless talent? Maybe. It's hard to imagine our world without its stars, icons, and celebrities. They are part of our culture and history, seeming permanent and preordained. But as Harvard law professor (and passionate Beatles fan) Cass Sunstein shows in this startling book, that is far from the case. Focusing on both famous and forgotten (or simply overlooked) artists and luminaries in music, literature, business, science, politics, and other fields, he explores why some individuals become famous and others don't and offers a new understanding of the roles played by greatness, luck, and contingency in the achievement of fame. Sunstein examines recent research on informational cascades, network effects, and group polarization to probe the question of how people become famous. He explores what ends up in the history books and in the literary canon and how that changes radically over time. He delves into the rich and entertaining stories of a diverse cast of famous characters, from John Keats, William Blake, and Jane Austen to Bob Dylan, Ayn Rand, and Stan Lee—as well as John, Paul, George, and Ringo. How to Become Famous takes you on a fun, captivating, and at times profound journey that will forever change your perspective on the latest celebrity's "fifteen minutes of fame" and on what vaults some to the top—and leaves others in the dust.
The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
In 1944, Franklin Delano Roosevelt gave a State of the Union Address that was arguably the greatest political speech of the twentieth century. In it, Roosevelt grappled with the definition of security in a democracy, concluding that "unless there is security here at home, there cannot be lasting peace in the world." To help ensure that security, he proposed a "Second Bill of Rights" -- economic rights that he saw as necessary to political freedom. Many of the great legislative achievements of the past sixty years stem from Roosevelt's vision. Using this speech as a launching point, Cass R. Sunstein shows how these rights are vital to the continuing security of our nation. This is an ambitious, sweeping book that argues for a new vision of FDR, of constitutional history, and our current political scene.
The rise of the "information society" offers not only considerable peril but also great promise. Beset from all sides by a never-ending barrage of media, how can we ensure that the most accurate information emerges and is heeded? In this book, Cass R. Sunstein develops a deeply optimistic understanding of the human potential to pool information, and to use that knowledge to improve our lives. In an age of information overload, it is easy to fall back on our own prejudices and insulate ourselves with comforting opinions that reaffirm our core beliefs. Crowds quickly become mobs. The justification for the Iraq war, the collapse of Enron, the explosion of the space shuttle Columbia--all of these resulted from decisions made by leaders and groups trapped in "information cocoons," shielded from information at odds with their preconceptions. How can leaders and ordinary people challenge insular decision making and gain access to the sum of human knowledge? Stunning new ways to share and aggregate information, many Internet-based, are helping companies, schools, governments, and individuals not only to acquire, but also to create, ever-growing bodies of accurate knowledge. Through a ceaseless flurry of self-correcting exchanges, wikis, covering everything from politics and business plans to sports and science fiction subcultures, amass--and refine--information. Open-source software enables large numbers of people to participate in technological development. Prediction markets aggregate information in a way that allows companies, ranging from computer manufacturers to Hollywood studios, to make better decisions about product launches and office openings. Sunstein shows how people can assimilate aggregated information without succumbing to the dangers of the herd mentality--and when and why the new aggregation techniques are so astoundingly accurate. In a world where opinion and anecdote increasingly compete on equal footing with hard evidence, the on-line effort of many minds coming together might well provide the best path to infotopia.
We've all been involved in group decisions--and they're hard. And they often turn out badly. Why? Many blame bad decisions on 'groupthink' without a clear idea of what that term really means. Now, Nudge coauthor Cass Sunstein and leading decision-making scholar Reid Hastie shed light on the specifics of why and how group decisions go wrong--and offer tactics and lessons to help leaders avoid the pitfalls and reach better outcomes"--Dust jacket flap.
The Bullish Thinking Guide for Managers serves as an educational tool for proactively dealing with emotional distress that may affect advisors in the high-risk/high-reward world of finance. In it, Dr. Alden Cass and Dr. Brian Shaw—with the help of Sydney LeBlanc—explore strategies that will help you recognize potential job stressors, manage office conflicts, and implement appropriate solutions. It will also assist you in developing a specific set of skills that will allow you to deal with the unpredictability of this environment.
The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach. Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one’s understanding of it. New to the Ninth Edition: A thorough updating of cases, notes, and questions A more streamlined and user-friendly presentation. Despite significant additions, the 9th edition is shorter than the 8th. Inclusion of important recent judicial decisions, including Gundy v. United States, 139 S. Ct. 2116 (2019) (nondelegation) Lucia v. SEC, 138 S. Ct. 2044 (2018) (officers of the U.S.) Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020) (president’s removal authority) Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018) (agency adjudication) Kisor v. Wilkie, 139 S. Ct. 2400 (2019) (deference to an agency’s interpretation of its own regulation) DHS v. Regents of the University of California, 140 S. Ct. 1891 (2020) (DACA rescission) Department of Commerce v. State of New York, 139 S. Ct. 2551 (2019) (pretextual justifications and arbitrary and capricious review) Little Sisters of the Poor v. Pennsylvania, 140 S. Ct. 2367 (2020) (interim final rulemaking) Professors and students will benefit from: Thorough coverage of the processes of agency rulemaking and adjudication Illuminating discussion of doctrines that may be on the cusp of major change, including Chevron deference, Auer deference, and the nondelegation doctrine Attention to the underlying justifications for, and possible criticisms of, the regulatory initiatives that are the subject of the cases studied. Extensive notes and questions that both explain and challenge A completely new website that provides Additional materials for possible assignment (including an introductory case study and materials on enforcement) Illustrative agency documents (rulemaking preambles, an administrative complaint, FOIA requests and denials, etc.) Extensive links to material on the web, including on agency websites, that provide examples of or help students situate the topics in the casebook Photographs of people, places, and things that are the subject of the cases in the book Updates on new decisions, statutes, and regulatory initiatives
From New York Times bestselling author Cass Sunstein, a timely and powerful argument for rethinking how the U.S. Constitution is interpreted The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today—about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution—and argues that the only way to choose one is to ask whether it would change American life for the better or worse. If a method of interpretation would eliminate the right of privacy, allow racial segregation, or obliterate free speech, it would be unacceptable for that reason. But some Supreme Court justices are committed to “originalism,” arguing that the meaning of the Constitution is settled by how it was publicly understood when it was ratified. Originalists insist that their approach is dictated by the Constitution. That, Sunstein argues, is a big mistake. The Constitution doesn’t contain instructions for its own interpretation. Any approach to constitutional interpretation needs to be defended in terms of its broad effects—what it does to our rights and our institutions. It must respect those rights and institutions—and safeguard the conditions for democracy itself. Passionate and compelling, How to Interpret the Constitution is essential reading for anyone who is concerned about how the Supreme Court is changing the rights and lives of Americans today.
In dance, the choreographer creates, the dancer performs and the viewer observes. This work is a handbook for the viewer. By presenting historical and artistic perspectives of dance, dance events are made more approachable and appreciation for the art form is heightened. The choreographic components of body language, content, structure, music, design and interpretation are included. Also discussed is the development of critical reaction over time. Examples are drawn from Western theatrical dance and worldwide cultural variations. Terms are explained throughout the text, and an extensive bibliography gives sources in print and on tape for further study. Instructors considering this book for use in a course may request an examination copy here.
Black in Selma is the expansive autobiography of J. L. Chestnut Jr., a key figure of the civil rights movement in Selma, Alabama. Born in Selma in 1930, Chestnut left home to study law at Howard University in Washington, DC. Returning to Selma, Chestnut was the town's first and only African American attorney in the late 1950s. As the turbulent struggle for civil rights spread across the South, Chestnut became an active and assiduous promoter of social and legal equality in his hometown. A key player on the local and state fronts, Chestnut accrued deep insights into the racial tensions in his community and deftly opened paths toward a more equitable future. Though intimately involved in many events that took place in Selma, Chestnut was nevertheless often identified in history books as simply "a local attorney." Black in Selma reveals his powerful yet little-known story. In the 2014 film Selma, director Ava DuVernay takes audiences to the climactic confrontation between civil rights advocates and the state's security forces of March 1965. Readers looking for a deeper understanding of the events that preceded that epic moment, as well as how racial integration unfolded in Selma in the decades that followed, will find Chestnut's story and memories both a vital primary source and an inspiration.
Drawing from fairy tales, ghost stories, and science-fiction, the stories in ActivAmerica explore how we confront (and exert) power and re-imagine ourselves through sports and athletic activities. A group of girls starts an illicit hockey league in a conservative suburb. A recently separated woman must run a mile a day in order to maintain her new corporate health insurance. Children impacted by environmental disaster create a “mutant soccer team.” Two sisters are visited by an Olympic gymnast who demands increasingly dangerous moves from them. Sports allow the characters to form communities on soccer fields and hidden lakes, in overgrown backyards and across Ping-Pong tables. Throughout the collection, however, athletic risk also comes with unexpected, often unsettling results.
In Legal Reasoning and Political Conflict, Cass R. Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Professor Sunstein closely analyzes the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. He states that judges purposely limit the scope of their decisions to avoid reopening large-scale controversies, calling such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning, he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, and Ronald Dworkin. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. Legal reasoning can seem impenetrable, mysterious, baroque. Legal Reasoning and Political Conflict helps dissolve the mystery. Whether discussing abortion, homosexuality, or free speech, the meaning of the Constitution, or the spell cast by the Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: to the legislatures elected by the people. In this Second Edition, the author updates the previous edition bringing the book into the current mainstream of twenty-first century legal reasoning and judicial decision-making focusing on the many relevant contemporary issues and developments that occurred since its initial 1996 publication.
Cass Cassidy was enjoying his National Service in picturesque Trieste when the fun was shattered by court martial and military prison. Just the start of a fascinating tale of interesting places and colourful characters - cheerful, sad, vulnerable, malicious and evil. The story takes a positive turn after liberation when Cassidy meets a lovely Irish girl and they are married – the start of family life and its varied challenges. Indifferent is the first book of a trilogy about the life of Cass Cassidy (1934-1968), which he eventually shared with his wife Kathleen and their three children Linda Ann, Lorna Theresa and Mark McNeill. By the same author: Blind Man in Gaba Road”
Drawing upon extensive experience in law, government service, teaching, and research, Ronald Cass offers a contribution to the ongoing public discussion on law and society. After opening his discussion with chapters on the rule of law in American society, Cass turns to the hard case of its application to the president of the United States. Through this prism Cass examines the behavior of judges who may not always act according to a "perfect model." This book provides a corrective to criticism of the American legal system raised all too frequently by some members of the academy. Rather than concentrating on relatively minor inconsistencies in the law and slight departures from the ideal of perfectly constrained decision making, Cass argues that the energies of his fellow scholars could be better spent on more serious defects in the legal system. With a special section on the 2000 presidential election, including the Florida recount and Supreme Court decision, The rule of law in America offers a look at a subject of interest to legal scholars and general readers alike.
Lighthearted, quirky, and upbeat, this book explores the portrayal of science and technology on both the big and little screen -- and how Hollywood is actually doing a better job of getting it right than ever before. Grounded in the real-word, and often cutting-edge, science and technology that inspires fictional science, the authors survey Hollywood depictions of topics such as quantum mechanics, parallel universes, and alien worlds. Including material from interviews with over two dozen writers, producers, and directors of acclaimed science-themed productions -- as well as scientists, science fiction authors, and science advisors -- Hollyweird Science examines screen science fiction from the sometimes-conflicting vantage points of storytellers, researchers, and viewers. Including a foreword by Eureka co-creator and executive producer Jaime Paglia, and an afterword by astronomer and science fiction author Michael Brotherton, Ph.D., this book is accessible to all readers from the layperson to the armchair expert to the professional scientist, and will delight all of them equally.
Jackson is always making new contraptions, but his contraptions don't always work. Do you think Jackson's contraptions will work this time?"--Page 4 of cover
Argues that conservatives want to restore "the Constitution in Exile," which would undermine the civil liberties of Americans and endanger environmental regulations, campaign finance laws, and the right to privacy.
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