Gay Rights and the Constitution

Cases and Materials
Author: James Fleming,Sotirios Barber,Linda McClain,Stephen Macedo
Publisher: Foundation Press
ISBN: 9781634602686
Category:
Page: 463
View: 8680

Continue Reading →

This is the first casebook designed for both liberal arts undergraduates and law students. Considerably shorter than other casebooks, it focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court's holdings in Lawrence v. Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution's commitments to liberty and equal protection encompass rights of same-sex intimate association and marriage. It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other. This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties.

Ordered Liberty


Author: James E. Fleming,Linda C McClain
Publisher: Harvard University Press
ISBN: 0674070747
Category: Law
Page: 383
View: 2284

Continue Reading →

Fleming and McClain defend a civic liberalism that takes seriously not just rights but responsibilities and virtues. Issues taken up include same-sex marriage, reproductive freedom, regulation of civil society and the family, education of children, and clashes between First Amendment freedoms of association and religion and antidiscrimination law.

Political Dynamics of Constitutional Law


Author: Louis Fisher,Neal Devins
Publisher: West Academic
ISBN: N.A
Category: Law
Page: 328
View: 1316

Continue Reading →

This coursebook contains 32 case studies that expose students to the interchange between the courts and the elected branches. Each case study begins with a detailed introductory essay followed by edited primary source materials, including legislative debates, presidential signing statements, and correspondence between Justices. The 5th edition includes a new case study on enemy combatants as well as significant revisions to case studies on gay rights, abortion, affirmative action, and women in the military.

Just Married

Same-sex Couples, Monogamy, and the Future of Marriage
Author: Stephen Macedo
Publisher: N.A
ISBN: 9780691176338
Category: Law
Page: 320
View: 9231

Continue Reading →

The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygamy, adult incest, and the dissolution of marriage as we know it. Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. Just Married demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage. Stephen Macedo displays the groundlessness of arguments against same-sex marriage and defends marriage as a public institution against those who would eliminate its special status or supplant it with private arrangements. Arguing that monogamy reflects and cultivates our most basic democratic values, Macedo opposes the legal recognition of polygamy, but agrees with progressives that public policies should do more to support nontraditional caring and caregiving relationships. Throughout, Macedo explores the meaning of contemporary marriage and the reasons for its fragility and its enduring significance. His defense of reformed marriage against slippery slope alarmists on the right, and radical critics of marriage on the left, vindicates the justice and common sense of the emerging consensus. Casting new light on today's debates over the future of marriage, Just Married lays the groundwork for a stronger institution.

Law and Religion

Cases and Materials
Author: Leslie C. Griffin
Publisher: Foundation Press
ISBN: 9781599416489
Category: Political Science
Page: 785
View: 991

Continue Reading →

The second edition continues the book's interdisciplinary approach to law and religion, including background materials about the religions involved in the cases and readings about comparative religion. The comparative law sections analyze international protection of religious freedom in comparison and contrast with U.S. law. The new edition features recent Supreme Court religion cases O Centro and Summum and considers lower court rulings in anticipation of cases currently before the Court, including the public cross case from California And The Hastings Law School Christian Legal Society case. A variety of state and federal cases addressing issues not resolved by the U.S. Supreme Court is also included. The relationship between science and religion receives extended treatment in Chapter 8. Updated treatment of RLUIPA is included in Chapter 4.

An Introduction to the American Legal System, Government, and Constitutional Law


Author: Diane S. Kaplan
Publisher: Wolters Kluwer Law & Business
ISBN: 1454870958
Category: Political Science
Page: 304
View: 798

Continue Reading →

This new coursebook introduces students to the relationship among the American constitutional, governmental, and legal systems. With a clear and concise presentation, this book explores historical and contemporary events, judicial opinions, and constitutional provisions that demonstrate how the three systems accommodate social progress in an ever-changing and highly diverse nation. Perfect for LLM courses or even undergraduate classes, this book aims to teach students how to understand constitutional doctrines, brief judicial opinions, and how American history affects contemporary legal issues. Features: Clear and concise presentation and logical organization of material making it an excellent introductory book to the American legal system Inclusion of modern cases on relevant topics, such as same-sex marriage, legalization of marijuana, and homicidal laws affecting juveniles Chapter questions that facilitate basic legal analysis through hypotheticals, opinion briefing, and application of constitutional provisions Inclusion of important historical and political events, such as lawsuits brought against Presidents, congressional impeachment powers, the Electoral College System, the Supreme Court s resolution of voting issues, the Civil War and post Civil War constitutional amendments, the Civil Rights movement, presidential and congressional war powers, and Supreme Court opinions about Guantanamo Bay detainees

Child Family and State

Problems and Materials on Children and the Law
Author: Robert H. Mnookin,D. Kelly Weisberg
Publisher: Wolters Kluwer Law & Business
ISBN: 1454845554
Category: Law
Page: 933
View: 7462

Continue Reading →

A landmark publication in its first edition, this was one of the first books to explore the full range of legal questions relating to children. This casebook presents an outstanding selection of cases and materials that reflect social and historical perspectives, law, and policy. Features:“/p> Life without Possibility of Parole for Persons Who Commit Crimes as Juveniles Graham v. Florida, 130 S. Ct. 2011 (2010) Miller v. Alabama, 132 S. Ct. 2455 (2012) Juveniles' Fourth Amendment Rights Safford Unified School District v. Redding, 557 U.S. 364 (2009) Juveniles Miranda Rights J.D.B. v. North Carolina, 131 S. Ct. 2394 (2011) Juveniles First Amendment Rights Brown v. Entertainment Merchants Assn.,131 S. Ct. 2729 (2011)

Constitutional Law in Contemporary America, Volume One

Institutions, Politics, and Process
Author: David Andrew Schultz,John R. Vile,Michelle D. Deardorff
Publisher: Oxford University Press, USA
ISBN: 9780195390094
Category: Law
Page: 778
View: 6454

Continue Reading →

Constitutional Law in Contemporary America is the most up-to-date, carefully edited, and student-friendly undergraduate constitutional law textbook. Placing a unique emphasis on property rights, election law, and issues of gender, gender orientation, foreign policy, and criminal due process, the two-volume text features: * Skillfully edited excerpts of canonical Supreme Court decisions and lower federal and state court decisions * Historically important auxiliary materials--such as the Virginia and Kentucky Resolutions, the Declaration of Sentiments, and the Gulf of Tonkin Resolution--which help students better understand American constitutional law, politics, and government * Succinct case introductions, timelines, discussion questions, chapter glossaries, and chapter bibliographies * Discussions emphasizing significant contemporary issues (e.g., same-sex marriage, free speech on the Internet, and the war on terrorism) * Topical overviews for each constitutional subject area In order to best suit the traditional two-semester constitutional law sequence, the text is conveniently divided into two volumes: * Volume One: Institutions, Politics, and Process presents cases relating to the three branches of the national government. The authors address federalism, the relationship between the citizen and the political process, and those issues of property that have dominated the Supreme Court since its inception nearly two centuries ago. Other topics include: Constitutional and foreign affairs, including case law developed post-9/11; election law and political process cases; the role and power of the federal courts; economic due process; and eminent domain law. * Volume Two: Civil Rights and Liberties covers civil rights and liberties issues including those addressed in the Bill of Rights (as subsequently applied to the states) and in the Reconstruction Amendments. The authors address expressive freedoms such as religion, speech, press, and association, as well as the rights of those accused or convicted of crimes. Other topics include the state action doctrine, equal protection, the Second Amendment and gun rights, the rights of students, the death penalty, privacy, and reproductive rights.

Processes of Constitutional Decisionmaking

Cases and Materials
Author: Paul Brest,Sanford Levinson,Jack M. Balkin,Akhil Reed Amar,Reva B. Siegel
Publisher: Wolters Kluwer Law & Business
ISBN: 1454887494
Category: Law
Page: 1856
View: 2845

Continue Reading →

In Processes of Constitutional Decisionmaking, an extraordinary team of authors traces the historical, political, and social development of constitutional law. Students will consider constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. This book has been updated to include all new developments in the field, and delivers strong chapters on the constitutional treatment of sex equality, race, civil rights, separation of powers, and federalism. Key Features: Coverage of recent cases and materials including: Obergefell v. Hodges - Same-Sex Marriage Whole Woman’s Health v. Hellerstedt – Abortion Regulation Zivotofsky v. Kerry – Presidential Power Fisher v. University of Texas – Affirmative Action New Discussion of Cooperative Federalism Sessions v. Morales–Santana – Sex Equality

An Introduction to the American Legal System


Author: John M. Scheb,Hemant Sharma
Publisher: Wolters Kluwer Law and Business
ISBN: 9781454808961
Category: Law
Page: 526
View: 1702

Continue Reading →

The Second Edition of this successful text, An Introduction to the American Legal System, continues to offer an accessible, practical overview of the American Legal System. It introduces students to legal concepts, procedures, and principles while giving them a solid grounding in important areas of substantive law as well as in legal history. Among the features that make this text such an excellent teaching tool: organization into four parts progresses logically from the origins of the law through legislation and procedure Part I, Foundation of the Legal System, sets forth the fundamental concepts of the law and examines the historical development of the legal system Part II, Substance of the Law, provides an overview of constitutional law, criminal law, torts, property, contracts, business, and family law Part III, The Legal Process, surveys civil and criminal procedure Part IV, Legislative and Administrative Developments in the Law, covers legislation and administrative law concise "Cases in Point" illustrate the applicability of the law to real world issues capture student interest questions in every chapter stimulate thought and classroom discussion a strong pedagogy includes learning objectives, chapter outlines, and a glossary New to the Second Edition: expanded coverage of torts and property law increased focus on crimes and criminal procedure new and expanded discussion of the PATRIOT Act, including new amendments and results of recent litigation, as well as material on terrorism and immigration offenses updated cases include new, hot-button cases, such as "Hamdan v. Rumsfeld, Crawford v. Washington" on the admissibility of hearsay evidence in criminal cases an expanded section on battered woman syndrome and battered child syndrome Appendices on how to find the law and how to brief a case

Cases and Materials on Sexual Orientation and the Law


Author: William B. Rubenstein,Carlos A. Ball,Jane S. Schacter,Douglas NeJaime
Publisher: N.A
ISBN: 9780314290892
Category: Law
Page: 973
View: 1698

Continue Reading →

This casebook on the law of sexual orientation and gender identity weaves historical, sociological, and literary perspectives into the legal material. It provides comprehensive coverage of many significant recent developments, including the Supreme Court's 2013 same-sex marriage cases and the regulatory aftermath of the striking down of the Defense of Marriage Act. This edition also adds new material on the interstate recognition of same-sex couples' marriages, First Amendment claims raised by LGBT rights opponents, and family law disputes between LGBT parents. In addition, it significantly expands its coverage of gender identity issues.

State Constitutional Law

Cases and Materials
Author: Lawrence Friedman
Publisher: N.A
ISBN: 9781630435868
Category: Constitutional law
Page: 1199
View: 4921

Continue Reading →

"Explores the many common themes that appear in the body of constitutional law of all states, but also focuses on the importance of the unique history, language and judicial understanding of each state's constitution in resolving particular issues, including the political context in which state constitutions have evolved; the popular participation in the processes of state constitutional change; the individual rights provisions that have no federal parallel; the wide range of policy matters that are entrenched in state constitutions rather than ordinary statutes, and the motivations for using this unusual method of "lawmaking"; the roles of each of the departments of state government and the way in which separation of powers doctrines may operate quite differently at the state level; and the variety of processes, including judicial review, of state constitutional change and amendment. Major elements of state constitutional law such as education, local government and finance and taxation are accorded separate chapters." -- Publisher's description.

Jurisprudence

Classical and Contemporary : from Natural Law to Postmodernism
Author: Robert L. Hayman,Nancy Levit,Richard Delgado
Publisher: West Academic Publishing
ISBN: N.A
Category: Law
Page: 950
View: 2925

Continue Reading →

This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.

Introduction to the Law and Legal System of the United States


Author: William Burnham
Publisher: West Academic Publishing
ISBN: 9781634602075
Category:
Page: 993
View: 3903

Continue Reading →

This text provides an introduction to U.S. law. It is intended for law students, lawyers, and legal scholars from foreign countries; U.S. non-law graduate and undergraduate college students; and anyone else who seeks a "big picture" of the law and legal system, including U.S. law students. Not a casebook, it explains the major substantive areas of the law in narrative form and includes citations to cases and sources for additional detail. In addition, the book has chapters on the essential basic history and governmental structure necessary to understand the legal system; the legal profession; the theory and practice of the adversary system of justice; and statutory interpretation and caselaw reasoning.

The Art of Advocacy

Briefs, Motions, and Writing Strategies of America's Best Lawyers
Author: Noah Messing
Publisher: Wolters Kluwer Law & Business
ISBN: 1454836288
Category: Law
Page: 300
View: 563

Continue Reading →

The Art of Advocacy: Briefs, Motions, and Writing Strategies of America's Best Lawyers presents more than 150 examples of masterful advocacy to show lawyers how to write winning motions and briefs. The book focuses on the strategic and substantive choices that top litigators make, drawing examples from important, timely, and controversial cases. Detailed annotations give readers insight into what makes each document so effective. In addition to presenting a host of storytelling, stylistic, and organizational strategies, the book's examples demonstrate how to build and rebut different types of arguments. The Appendices provide a wealth of additional resources, including Karl Llewellyn's previously unpublished advice from 1957 about the art of advocacy, which one top law professor described as the "best advice on legal writing I've ever seen."

Conflict of Laws


Author: Maebh Harding
Publisher: Routledge
ISBN: 1134594259
Category: Law
Page: 312
View: 5607

Continue Reading →

Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England. Recent years have seen an increased ‘Europeanization’ of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV and the proposed Succession Regulation. Harding provides students with a clear understanding using pedagogic methods such as; Key Issues checklists at the start of every chapter to help track important points for further study Figures are used to aid understanding through visual learning Further Reading is included at the end of every chapter to enourage and support additional study Further developments addressed in the fifth edition include: • The use of common law doctrines in EU cases such as West Tankers. • The EU imperative for family relationships to be recognized across the EU in the context of citizen’s rights. • Civil Partnerships and recognition of same sex partnership. • Rome III, Rome IV and the distinction between maintenance and matrimonial property. • Adoption, Parental Responsibility and International Child Abduction • Surrogacy and Assisted Reproduction Conflict of Laws is an ideal choice for undergraduate and postgraduate students seeking a comprehensive yet accessible introduction to private international law.

Decedents' Estates

Cases and Materials
Author: Raymond C. O'Brien,Michael T. Flannery
Publisher: N.A
ISBN: 9781611638653
Category:
Page: 1164
View: 714

Continue Reading →

The third edition continues the use of fact-driven judicial decisions to illustrate transfer of wealth via non-probate transfers, Last Will and Testaments, and intestate succession. This casebook includes status developments, such as same-sex marriage and assisted reproductive technology. Unique to this edition is the discussion of self-settled asset protection trusts, trust protectors, and socially responsible investing. Recognizing the fact of the aging generations, the casebook is unique in its coverage of long-term housing payment options, federal and state entitlement programs designed for seniors, and options necessary for planning for incapacity.

Cases and Materials on Feminist Jurisprudence

Taking Women Seriously
Author: Mary Becker,Cynthia Grant Bowman,Morrison Torrey
Publisher: West Academic Publishing
ISBN: N.A
Category: Law
Page: 1093
View: 5456

Continue Reading →

Feminist Jurisprudence: Taking Women Seriously includes a variety of materials, drawn from cases and statutes and from less typical sources and other disciplines, in order to raise central questions about equality, progress toward equality, and the routes taken to achieve equality. Introduces current feminist scholarship and activism. Presents many types of feminism, which may lead to different conclusions on important issues. Includes the perspectives of women of different races, classes, and sexual orientation. Includes diverse readings and raises questions from a variety of viewpoints.

Sexuality, Gender, and the Law


Author: William N. Eskridge (Jr.),Nan D. Hunter
Publisher: Foundation Press
ISBN: 9781587788048
Category: Law
Page: 590
View: 803

Continue Reading →

This abridged second edition is designed to meet the needs of undergraduate professors and students for a theoretically ambitious, doctrinally comprehensive, and fact-based exploration of issues of sexuality and gender in American public law. This new edition reflects legal changes in light of Lawrence v. Texas and other developments in this now-prominent field.