Encounters With Constitutional Interpretation And Legal Education
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Encounters With Constitutional Interpretation And Legal Education
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Author : James Stellios
language : en
Publisher:
Release Date : 2018-02-19
Encounters With Constitutional Interpretation And Legal Education written by James Stellios and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-19 with Constitutional law categories.
What do constitutional interpretation and legal education have in common?For one thing, they share the same tension between theory and practice, between form and substance, between process and outcomes, between constancy and change, and between local and comparative perspectives. Each also has a substratum of fundamental underlying values that demand, but do not always receive, clear articulation.For another thing, they have both been the subject of illuminating examination by Michael Coper over the course of a long and distinguished career.An extraordinary group of authors, including Justice Stephen Gageler, the Hon Michael Kirby and Sir Anthony Mason, come together in this book to celebrate Coper's achievement, and take his various contributions as a jumping off point for their own further scholarly insights.From the gripping story of the revolution that swept away the old law on section 92 of the Constitution, to the endemic conflict in the judicial process between legalism and realism, to the never-ending controversy about the Dismissal, to perceiving the world and organising legal knowledge in new ways through biography and oral history, to the role of educators in shaping the views and values of newcomers to this knowledge, this book contains over a dozen sparkling essays by some of Australia's most renowned and respected lawyers, as well as a substantial reflective commentary by Michael Coper himself.An intellectual feast!
Against The Law
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Author : Paul F. Campos
language : en
Publisher: Duke University Press
Release Date : 1996
Against The Law written by Paul F. Campos and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion--an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception. Linked by a persistent inquiry into the nature and identity of "the law," these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value--that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented. In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.
Constitutional Interpretation
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Author : Sotirios A. Barber
language : en
Publisher: OUP USA
Release Date : 2007-06-07
Constitutional Interpretation written by Sotirios A. Barber and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-07 with Law categories.
The presuppositions of constitutional interpretation -- The principal questions of constitutional interpretation -- The principal features of the American constitutional order : the positive constitutionalism of The federalist -- Approaches to constitutional interpretation -- Textualism and consensualism -- Narrow originalism/intentionalism -- Broad originalism -- Structuralism -- Doctrinalism and minimalism -- The philosophic approach -- Pragmatism -- Epilogue: a fusion of approaches to constitutional interpretation.
Saving The Constitution From Lawyers
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Author : Distinguished Service Professor of Political Science Robert J Spitzer
language : en
Publisher:
Release Date : 2014-05-14
Saving The Constitution From Lawyers written by Distinguished Service Professor of Political Science Robert J Spitzer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Law categories.
Constitutional Law
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Author : Erwin Chemerinsky
language : en
Publisher: Aspen Publishing
Release Date : 2019-06-17
Constitutional Law written by Erwin Chemerinsky and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-17 with Law categories.
Relied on by students, professors, and practitioners, Erwin Chemerinsky’s popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law. Thorough coverage of the topic makes it appropriate for both beginning and advanced courses. New to the Sixth Edition: New discussion of the Preamble to the Constitution in Ch. 1 Discussion of many new cases throughout the book. Major new decisions include: Masterpiece Cakeshop v. Colorado Civil Rights Commission; Gill v. Whitford; Zivotofsky v. Kerry; Lucia v. SEC; South Dakota v. Wayfair; Fisher v. University of Texas, Austin; Obergefell v. Hodges; Whole Women’s Health v. Hellerstedt; Matal v. Tam; Williams-Yulee v. Florida State Bar; National Institute of Family and Life Advocates v. Becerra; Janus v. American Federation; Town of Greece v. Galloway; and Trinity Lutheran Church of Columbia v. Comer New materials on presidential power, immigration, and travel bans under the Trump administration, including IRAP v. Trump and Hawaii v. Trump Professors and students will benefit from: Renowned authorship Examination of black-letter law and all the myriad issues of constitutional interpretation with unrivaled thoroughness and lucidity Excellent historical overview of the creation and ratification of the Constitution, examining the existential question of why we have a constitution
Vagaries And Varieties In Constitutional Interpretation
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Author : Thomas Reed Powell
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2002
Vagaries And Varieties In Constitutional Interpretation written by Thomas Reed Powell and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Constitutional law categories.
Powell, Thomas Reed. Vagaries and Varieties in Constitutional Interpretation. New York: Columbia University Press, 1956. xv, 229 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-210-7. Cloth. $70. * With a Foreword by Paul A. Freund. Published versions of the James S. Carpentier lectures delivered by Powell [1880-1955] at Columbia University in 1955. Its chapters include "Establishment of Judicial Review," "Professions and Practices in Judicial Review," "National Power," "Federalism: Intergovernmental Relations," "Federalism: State Powers Affecting the National Economy; State Police Power" and "Federalism: State Powers Affecting the National Economy; State Taxing Power."
Constitutional Law
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Author : Russell L. Weaver
language : en
Publisher: Aspen Publishing
Release Date : 2024-03-25
Constitutional Law written by Russell L. Weaver and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-25 with Law categories.
Constitutional Law: Cases, Materials, and Problems, Sixth Edition by Russell L. Weaver and Steven Friedland is a casebook designed as a teacher’s book by stimulating thought, inviting discussion, and helping professors more effectively teach. Its thought-provoking problem approach encourages students to delve deeper into constitutional doctrine and gives them an accessible and interesting way to learn constitutional issues. Problems at the beginning of each chapter are referenced throughout the text for continuity. Principal constitutional law cases are edited as lightly as possible to allow the Supreme Court to speak for itself, with shorter notes that accompany the problems. This new edition is much shorter than previous editions so that it can be comfortably taught in a four credit, one semester course. This casebook makes Constitutional Law accessible and teachable. It will help students understand constitutional theory, lead students to greater insights, generate classroom interactivity and provide a platform for inspired learning. The casebook includes problems with many different models and formats. Many problems are factual in nature and are designed to encourage students to ponder how constitutional doctrine might apply in particular contexts. In some instances, these fact-based problems are premised upon actual cases, including U.S. Supreme Court cases. Other problems are theoretical in nature and are simply designed to help students better understand constitutional doctrine. New to the Sixth Edition. The sixth edition includes many new cases. Among them are: Dobbs v. Jackson Women's Health Organization (the abortion decision) Students for Fair Admissions v. Harvard and Students for Fair Admission v. University of North Carolina (the affirmative action decision) West Virginia v. EPA (the major questions doctrine) Biden v. Nebraska )the student loan case) Professors and students will benefit from: ● Lightly edited cases allow students to see the fullest possible analysis of the law. ● Diverse perspectives are presented on constitutional interpretation, federalism, and public policy. ● An emphasis on federalism and other oft-marginalized topics– compared to other constitutional law casebooks, this text spends considerable time on federalism, balance of powers, and other topics that are sometimes only given passing reference. ● A complete examination of Second Amendment rights and executive power.
Saving The Constitution From Lawyers
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Author : Robert J. Spitzer
language : en
Publisher: Cambridge University Press
Release Date : 2008-04-07
Saving The Constitution From Lawyers written by Robert J. Spitzer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-07 with Law categories.
This book is a sweeping indictment of the legal profession in the realm of constitutional interpretation. The adversarial, advocacy-based American legal system is well suited to American justice, in which one-sided arguments collide to produce a just outcome. But when applied to constitutional theorizing, the result is selective analysis, overheated rhetoric, distorted facts, and overstated conclusions. Such wayward theorizing finds its way into print in the nation's over 600 law journals - professional publications run by law students, not faculty or other professionals - and peer review is almost never used to evaluate worthiness. The consequences of this system are examined through three timely cases: the presidential veto, the "unitary theory" of the president's commander-in-chief power, and the Second Amendment's "right to bear arms." In each case, law reviews were the breeding ground for defective theories that won false legitimacy and political currency. This book concludes with recommendations for reform.
Constitutional Life And Europe S Area Of Freedom Security And Justice
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Author : Alun Howard Gibbs
language : en
Publisher: Routledge
Release Date : 2016-05-23
Constitutional Life And Europe S Area Of Freedom Security And Justice written by Alun Howard Gibbs and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
The challenge of thinking about the place of constitutionalism beyond the conventional categories of the nation state has become a principal concern for legal and political scholars. This book casts this issue in a different light by exploring the implications for the constitutionalism of legal integration in the European Union's 'area of freedom, security and justice'. In doing so it makes a novel contribution to an understanding of the European Union as a political community beyond the state, but in addition explores how this entails thinking differently about what is essential concerning constitutionalism. The book argues that instead of seeking to theorise constitutional foundations we actually begin to encounter the constitutional life implied by political and legal practices in the European Union and as exemplified here by 'the area of freedom, security and justice'.
Constitutional Law
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Author : Russell L. Weaver
language : en
Publisher: Aspen Publishing
Release Date : 2021-01-12
Constitutional Law written by Russell L. Weaver and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-12 with Law categories.
Constitutional Law: Cases, Materials, and Problems, Fifth Edition by Russell L. Weaver, Steven Friedland, and Richard Rosen is designed as a teacher’s book by stimulating thought, inviting discussion, and helping professors more effectively teach. Its thought-provoking problem approach encourages students to delve deeper into constitutional doctrine and gives them an accessible and interesting way to learn constitutional issues. Problems at the beginning of each chapter are referenced throughout the text for continuity. Principal constitutional law cases are edited as lightly as possible to allow the Supreme Court to speak for itself, with shorter notes that accompany the problems. New to the Fifth Edition: Updates to the text and additional cases added throughout including: Rucho v. Common Cause; United States v. Sanchez- Gomez; Dawson v. Steager; Gamble v. United States; Department of Homeland Security v. Regents of California; Hawaii v. Trump; Manhattan Community Access Corp. v. Halleck; Department of Homeland Security v. Thuraissigiam; Knick v. Township of Scott; Murr v. Wisconsin; Ramos v. Louisiana; Bostock v. Clayton County; Georgia, Box v. Planned Parenthood of Indiana and Kentucky, Inc.; Abbott v. Perez; Husted v. A. Philip Randolph Institute; Sessions v. Morales- Santana; Bethune- Hill v. Virginia State Board of Elections; Cooper v. Harris; Barr v. American Association of Political Consultants, Inc.; Agency for International Development v. Alliance for Open Society International, Inc.; Iancu v. Brunetti; National Institute of Family and Life Advocates v. Becerra; Minnesota Voters Alliance v. Mansky; Packingham v. North Carolina; Matal v. Tam; Espinoza v. Montana Department of Revenue; Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania; The American Legion v. American Humannist Association; Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission; Trinity Lutheran Church of Columbia, Inc. v. Director; Expressions Hair Design v. Schneiderman; Murphy v. National Collegiate Athletic Association Professors and students will benefit from: Lightly edited cases allow students to see the fullest possible analysis of the law. Diverse perspectives are presented on constitutional interpretation, federalism, and public policy. An emphasis on federalism and other oft-marginalized topi compared to other constitutional law casebooks, this text spends considerable time on federalism, balance of powers, and other topics that are sometimes only given passing reference. A complete examination of Second Amendment rights and executive power.