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Languages : en
Pages : 0
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Languages : en
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Author: Stephanos Bibas
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Category :
Languages : en
Pages : 0
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This is a brief of amici curiae criminal and immigration law professors et al. in support of certiorari petition in Padilla v. Kentucky, 130 S. Ct. 1473 (2010) (08-651). This brief discusses the history, doctrinal, and policy issues involved in the lower federal and state courts' interpretation of the Sixth Amendment's guarantee of effective assistance of counsel in relationship to the immigration consequences of a criminal conviction. It also discusses the historical relationship between immigration and criminal law and the impact it has had on noncitizen immigrants that are involved in the criminal justice system. Because of the intertwined relationship that immigration and criminal law have had over the last thirty years, large circuit splits have occurred on this issue. Therefore, in this brief, amici curiae requests that the court grant certiorari on the case in order to resolve the circuit splits and answer the question as to whether there is a duty under the Sixth Amendment to advise as to the immigration consequences of a criminal conviction.
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Languages : en
Pages : 0
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Author: Melissa Murray
Publisher: Foundation Press
ISBN: 9781683289920
Category :
Languages : en
Pages : 275
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This book tells the movement and litigation stories behind important reproductive rights and justice cases. The twelve chapters span topics including contraception, abortion, pregnancy, and assisted reproductive technologies, telling the stories of these cases using a wide-lens perspective that illuminates the complex ways law is debated and forged--in social movements, in representative government, and in courts. Some of the chapters shed new light on cases that are very much part of the constitutional law canon--Griswold v. Connecticut, Roe v. Wade, Planned Parenthood v. Casey, Nevada Department of Human Resources v. Hibbs. Others introduce the reader to new cases from state and lower federal courts that illuminate paths not taken in the law. Reading the cases together highlights the lived horizon in which individuals have encountered and struggled with questions of reproductive rights and justice at different eras in our nation's history--and so reveals the many faces of law and legal change. The volume is being published at a critical and perhaps pivotal moment for this area of law. The changing composition of the Supreme Court, increased executive and legislative action, and shifting political interests have all pushed issues of reproductive rights and justice to the forefront of contemporary discourse. The volume is suited to a wide range of law school courses, including constitutional law, family law, employment law, and reproductive rights and justice; it could also be assigned in undergraduate or graduate courses on history, gender studies, and reproductive rights and justice.
Author: Charles R. Epp
Publisher: University of Chicago Press
ISBN: 9780226211626
Category : Law
Languages : en
Pages : 348
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List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.
Author: Mary E. McClymont
Publisher:
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Category : Business & Economics
Languages : en
Pages : 384
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This book attempts to convey some of the challenges that those wielding the law for social change purposes have faced and the successes they have achieved. By intention, it is more a studied appreciation than a critical analysis of their efforts. We asked an international team of consultants to help us document and describe how various law-based strategies have worked in very different settings, to draw out connections between those efforts, and to highlight some of the insights that emerge from grantees' experiences in law-related work. We also asked them to help us learn more about the ways the Foundation has played a role in these efforts. Known as the Global Law Programs Learning Initiative (GLPLI), this effort is not definitive, but rather suggestive. Our goal is to contribute to more serious future reflection and, ultimately, more effective programs in this field.
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Publisher: Government Printing Office
ISBN:
Category : United States
Languages : en
Pages : 1028
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Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Reginald Thomas Appleyard
Publisher: International Org. for Migration
ISBN:
Category : Political Science
Languages : en
Pages : 160
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Book Description
Includes statistics.
Author: Ellen Hanak
Publisher: Public Policy Instit. of CA
ISBN: 1582131414
Category : Business & Economics
Languages : en
Pages : 500
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