The Bill Of Rights The Courts The Law

Author: David Bearinger
Publisher: Virginia Foundation for the
ISBN: 9780966891911
Size: 57.79 MB
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This third edition of The Bill of Rights, the Courts, and the Law serves to increase public understanding of the Bill of Rights and the American judicial process by presenting select cases and their underlying issues fairly. It allows readers to examine the various legal arguments with the help of expert commentary, offering the best, most accessible introduction to the Bill of Rights available to a nonscholarly audience.

The Complete Bill Of Rights

Author: Neil H. Cogan
Publisher: Oxford University Press
ISBN: 0199324204
Size: 75.68 MB
Format: PDF, ePub, Docs
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The fundamental, inalienable rights and privileges set forth in the Bill of Rights represent the very foundations of American liberty. The Complete Bill of Rights, Second Edition is the only comprehensive collection of texts essential to understanding the Bill of Rights. Fully revised for the first time since 1997, this volume incorporates all pertinent materials from the debate on the ratification of the Bill of Rights.

American Public School Law

Author: Kern Alexander
Publisher: Cengage Learning
ISBN: 0534274242
Size: 53.55 MB
Format: PDF, Kindle
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This market-leading text for graduate-level courses in educational law is a combined textbook/casebook that provides a comprehensive view of the law that governs the public school system of America. The case method approach allows instructors to involve discussion to discover and expose the reasoning of the law. This helps students relate factual situations to the law while recognizing similar experiences they may have as practicing teachers and administrators. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

A Matter Of Interpretation

Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 9781400822171
Size: 24.35 MB
Format: PDF, ePub, Mobi
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

Human Rights In Private Law

Author: Daniel Friedmann
Publisher: Hart Publishing
ISBN: 1841132136
Size: 51.59 MB
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Traditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.