Author: James E. Fleming
Publisher: University of Chicago Press
ISBN: 0226821412
Category : Law
Languages : en
Pages : 285
Book Description
A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.
Constructing Basic Liberties
But First, Due Process
Author: The Perfect Present Planners & Journals
Publisher:
ISBN: 9781672845274
Category :
Languages : en
Pages : 110
Book Description
But First, Due Process 2 Year (24 Months) Weekly Planner & Daily Gratitude Diary - 110 Pages 8" x 10" This awesome lawyer due process design is great for any working attorneys or aspiring lawyers! If you're in law school, this funny due process quote will be a great hit with all your law professors! If you've been looking for a gift to get your law student or your law professor, this novelty attorney joke is the way to go! Grab this for any court dwelling lawyer or attorney! This awesome 2020 & 2021 weekly planner is templated to give you room for planning, journaling notes, working on a to-do list & taking the time to write down your gratitudes for the day! Perfect size for a backpack or to fit in your purse! Amazing Christmas present idea for both men & women alike!
Publisher:
ISBN: 9781672845274
Category :
Languages : en
Pages : 110
Book Description
But First, Due Process 2 Year (24 Months) Weekly Planner & Daily Gratitude Diary - 110 Pages 8" x 10" This awesome lawyer due process design is great for any working attorneys or aspiring lawyers! If you're in law school, this funny due process quote will be a great hit with all your law professors! If you've been looking for a gift to get your law student or your law professor, this novelty attorney joke is the way to go! Grab this for any court dwelling lawyer or attorney! This awesome 2020 & 2021 weekly planner is templated to give you room for planning, journaling notes, working on a to-do list & taking the time to write down your gratitudes for the day! Perfect size for a backpack or to fit in your purse! Amazing Christmas present idea for both men & women alike!
Due Process of Law
Author: John V. Orth
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 136
Book Description
Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 136
Book Description
Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general.
The Due Process of Law
Author: Alfred Thompson Denning Baron Denning
Publisher: Butterworth-Heinemann
ISBN: 9780406176073
Category : Due process of law
Languages : en
Pages : 263
Book Description
Two central themes run through this book. The first is the workings of the various 'measures authorised by the law so as to keep the streams of justice pure', and the second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife.
Publisher: Butterworth-Heinemann
ISBN: 9780406176073
Category : Due process of law
Languages : en
Pages : 263
Book Description
Two central themes run through this book. The first is the workings of the various 'measures authorised by the law so as to keep the streams of justice pure', and the second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife.
Due Process of Lawmaking
Author: Susan Rose-Ackerman
Publisher: Cambridge University Press
ISBN: 1316194744
Category : Law
Languages : en
Pages : 309
Book Description
With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.
Publisher: Cambridge University Press
ISBN: 1316194744
Category : Law
Languages : en
Pages : 309
Book Description
With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.
Procedural Due Process
Author: Rhonda Wasserman
Publisher: Bloomsbury Publishing USA
ISBN: 0313027765
Category : Law
Languages : en
Pages : 395
Book Description
This book gathers, synthesizes and analyzes case law in a variety of substantive contexts, including public employment, prison administration, and government benefits. It places current case law into historical context, serving as a reference guide for students, practitioners, judges and scholars interested in procedural due process. The author addresses the central requirements of notice and the opportunity to be heard as well as the day in court ideal. It also examines the protection due process affords against litigation in a distant forum with which the defendant has no connection.
Publisher: Bloomsbury Publishing USA
ISBN: 0313027765
Category : Law
Languages : en
Pages : 395
Book Description
This book gathers, synthesizes and analyzes case law in a variety of substantive contexts, including public employment, prison administration, and government benefits. It places current case law into historical context, serving as a reference guide for students, practitioners, judges and scholars interested in procedural due process. The author addresses the central requirements of notice and the opportunity to be heard as well as the day in court ideal. It also examines the protection due process affords against litigation in a distant forum with which the defendant has no connection.
Magna Carta
Author: Randy James Holland
Publisher:
ISBN: 9780314676719
Category : Constitutional history
Languages : en
Pages : 0
Book Description
An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
Publisher:
ISBN: 9780314676719
Category : Constitutional history
Languages : en
Pages : 0
Book Description
An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
But First, Due Process
Author: Obsessed with Due Process Journals
Publisher:
ISBN: 9781701463875
Category :
Languages : en
Pages : 122
Book Description
Awesome Attorney & Lawyer Journal & Notebook - 120 Pages Lined 6" x 9" This awesome lawyer due process design is great for any working attorneys or aspiring lawyers! If you're in law school, this funny due process quote will be a great hit with all your law professors! If you've been looking for a gift to get your law student or your law professor, this novelty attorney joke is the way to go! Grab this for any court dwelling lawyer or attorney! Empty lined notebook which is perfect as a diary, planner or journal and can also be used for gratitude listing, as a prayer log, or for idea gathering!
Publisher:
ISBN: 9781701463875
Category :
Languages : en
Pages : 122
Book Description
Awesome Attorney & Lawyer Journal & Notebook - 120 Pages Lined 6" x 9" This awesome lawyer due process design is great for any working attorneys or aspiring lawyers! If you're in law school, this funny due process quote will be a great hit with all your law professors! If you've been looking for a gift to get your law student or your law professor, this novelty attorney joke is the way to go! Grab this for any court dwelling lawyer or attorney! Empty lined notebook which is perfect as a diary, planner or journal and can also be used for gratitude listing, as a prayer log, or for idea gathering!
Employer and Employed
Author:
Publisher:
ISBN:
Category : Profit-sharing
Languages : en
Pages : 248
Book Description
Publisher:
ISBN:
Category : Profit-sharing
Languages : en
Pages : 248
Book Description
Privacy, Due Process and the Computational Turn
Author: Mireille Hildebrandt
Publisher: Routledge
ISBN: 1134619154
Category : Computers
Languages : en
Pages : 266
Book Description
Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us.
Publisher: Routledge
ISBN: 1134619154
Category : Computers
Languages : en
Pages : 266
Book Description
Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us.