Antonin Scalia was one of the most important, outspoken, and controversial Justices in the past century. His endorsements of originalism, which requires deciding cases as they would have been decided in 1789, and textualism, which limits judges in what they could consider in interpreting text, caused major changes in the way the Supreme Court decides cases. He was a leader in opposing abortion, the right to die, affirmative action, and mandated equality for gays and lesbians, and was for virtually untrammelled gun rights, political expenditures, and the imposition of the death penalty. However, he usually followed where his doctrine would take him, leading him to write many liberal opinions. A close friend of Scalia, David Dorsen explains the flawed judicial philosophy of one of the most important Supreme Court Justices of the past century.
Since the previous edition of this book, changes have taken place with Ireland's Articles of the Constitution, including challenges to the Articles, referenda, new legislation, and judicially-considered cases. This third edition is almost completely re-written as a result of the tumultuous changes in Irish constitutional law. Author Michael Ford - an accomplished constitutional law author and practitioner - offers the reader everything needed to know on this complex subject.
Explores recent developments affecting American workers in light of labor's past. Of special concern is the erosion of the rights of workers under the modern labor law, which Brody argues is rooted in the original formulation of the Wagner Act. Brody explains how the ideals of free labor, free speech, freedom of association, and freedom of contract have been interpreted and canonized in ways that unfailingly reduce the capacity for workers' collective action while silently removing impediments to employers coercion of workers. He combines legal and labor history to reveal how laws designed to undergird workers' rights now essentially hamstring them. [Publisher web site].
A very much needed comprehensive and practical book. It will help in the hard work of preventing suicide in prisons. Highly recommended for anyone interested in suicide prevention and prison environment.--Maurizio Pompili, Sapienza University of Rome.
If you need the short answer to aSection 1983question, and you can't afford to waste time running down the wrong research path, turn to theHandbook of Section 1983 Litigation, 2010 Edition. This essential guide is designed as the practitioner's desk book. It provides quick and concise answers to issues that frequently arise inSection 1983cases, from police misconduct to affirmative actions to gender and race discrimination. It is organized to help you quickly find the specific information you need whether you're counsel for the plaintiff or defendant. You will find a clear, concise statement of the law governing every aspect of aSection 1983claim, extensive citation to legal authority, every major Supreme Court ruling onSection 1983, as well as key opinions in every circuit, and a detailed overview of case law.TheHandbook of Section 1983 Litigation, 2010 Editionis written by David Lee, a practicing expert with 20 years of litigation experience. He has lectured on civil rights topics before thousands of litigators during his career, and argued four cases before the United States Supreme Court, as well as numerous cases before the Tenth Circuit Court of Appeals. This new updated2010 Editionfeatures coverage of recent importantSection 1983U.S. Supreme Court cases including:Fitzgerald v. Barnstable School CommitteeBaze v. ReesCrawford v. Marion County Election BoardPearson v. CallahanRothgery v. Gillespie CountyEngquist v. Oregon Department of AgricultureLocke v. KarassVan de Kamp v. GoldsteinThis is the one reference to keep at your fingertips at a hearing, trial, or deposition when dealing withSection 1983cases.
Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.
Black and white Americans have occupied separate spaces since the days of "the big house" and "the quarters." But the segregation and racialization of American society was not a natural phenomenon that "just happened." The decisions, enacted into laws, that kept the races apart and restricted blacks to less desirable places sprang from legal reasoning which argued that segregated spaces were right, reasonable, and preferable to other arrangements. In this book, David Delaney explores the historical intersections of race, place, and the law. Drawing on court cases spanning more than a century, he examines the moves and countermoves of attorneys and judges who participated in the geopolitics of slavery and emancipation; in the development of Jim Crow segregation, which effectively created apartheid laws in many cities; and in debates over the "doctrine of changed conditions," which challenged the legality of restrictive covenants and private contracts designed to exclude people of color from white neighborhoods. This historical investigation yields new insights into the patterns of segregation that persist in American society today.
This essential resource provides students with an introduction to the rules and principles of criminal procedure law. This text uses a case study approach to help students develop the analytical skills necessary to understand the origins, context, and evolutions of the law; concentrates on US Supreme Court decisions interpreting both state and federal constitutions; and introduces students to the reference materials and strategies used for basic legal research.
The highly anticipated Second Edition of Criminal Law introduces students to the underlying principles, legal doctrine, and rules regarding crimes, defenses, and punishment in substantive criminal law. Innovative in its case study approach, this thoroughly updated revision will help students develop analytical skills, while learning the content and context of substantive criminal law. Now with a more student-friendly format, this text guides students through theory and practice, using a blend of old and new materials to foster understanding of what the law is, how it evolved, the principles on which it is based, and how it applies to various circumstances.
The highly anticipated Second Edition of Criminal Law introduces students to the underlying principles, legal doctrine, and rules regarding crimes, defenses, and punishment in substantive criminal law. Innovative in its case study approach, this thoroughly updated revision will help students develop analytical skills, while learning the content and context of substantive criminal law. Now with a more student-friendly format, this text guides students through theory and practice, using a blend of old and new materials to foster understanding of what the law is, how it evolved, the principles on which it is based, and how it applies to various circumstances.
New to Hart Publishing, this is the seventh edition of the classic casebook on tort, the first of its kind in the UK, and for many years now a bestselling and very popular text for students. This new edition retains all the features that have made it such a popular and respected text, with extensive commentary, questions and notes supplementing the selection of cases and statutes which form the core of the book. Taking a broadly contextual approach, the book addresses all the main topics in tort law, is up-to-date, doctrinally sound, stimulating and highly readable.
This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Sixth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as: Formal requirements Strategic uses Use of supporting documents Effective advocacy Persuasive oral argument Ethical issues The authors include a table of deadlines affecting motions, along with sample forms and illustrative trial examples.
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