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Author: Mark K. Moller
Publisher: Cato Institute
ISBN: 1933995017
Category : Law
Languages : en
Pages : 418
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Book Description
Annotation. A timely review of the Court's recent decisions.
Author: Mark K. Moller
Publisher: Cato Institute
ISBN: 1933995017
Category : Law
Languages : en
Pages : 418
Get Book Here
Book Description
Annotation. A timely review of the Court's recent decisions.
Author: Ilya Shapiro
Publisher:
ISBN: 9781935308157
Category : Law
Languages : en
Pages : 400
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Book Description
Annotation. Now in its eighth year, this acclaimed annual publication brings together leading national scholars to analyze the Supreme Court's most important decisions from the term just ended and preview the year ahead.
Author: Trevor Burrus
Publisher: Cato Institute
ISBN: 1952223253
Category : Political Science
Languages : en
Pages : 313
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Book Description
Now in its 20th year, the Cato Supreme Court Review brings together leading legal scholars to analyze key cases from the Court's most recent term, plus cases coming up. Topics in the 2020-2021 edition include public disclosure of charitable donations (Americans for Prosperity Foundation v. Bonta), the off-campus speech (Mahanoy Area School District v. B.L.), union access onto agribusiness land (Cedar Point Nursery v. Hassid), police acting as "community caretakers" and warrantless police entries (Caniglia v. Strom), and Arizona's new voting laws (Brnovich v. DNC).
Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 363
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Book Description
Author: Thomas N. McInnis
Publisher: Lexington Books
ISBN: 9780739129760
Category : Law
Languages : en
Pages : 336
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Book Description
This book examines the history of the Fourth Amendment, which prohibits unreasonable search and seizure, and its interpretation by the U.S. Supreme Court. It concentrates on the changes in interpretation that have taken place since the Supreme Court, led by Chief Justice Earl Warren in 1961, decided in Mapp v. Ohio to apply the exclusionary rule-which makes illegally seized evidence inadmissible in court-to the actions of state governments. In The Evolution of the Fourth Amendment, Thomas N. McInnis demonstrates that, prior to Mapp, the Court relied on the warrant rule, which, with limited exceptions, emphasized the need to have a search warrant prior to a search or seizure. Due to the unhappiness that post-Warren Courts had with the application of the exclusionary rule, they reinterpreted the Fourth Amendment using the expansive language that the Warren Court had used in Fourth Amendment cases. In doing so, they broadened the government's powers to search and seize under the Fourth Amendment by establishing new exceptions to the warrant rule, developing both the reasonableness approach and the special needs test to the Fourth Amendment, limiting the expectations of privacy that citizens have, and narrowing those areas actually protected by the amendment. McInnis also examines how the Court has limited the effect to the exclusionary rule by reinterpreting when it needs to be applied and by creating new exceptions. The book ends by examining the emerging Fourth Amendment jurisprudence of the Roberts Court and assessing the future of the Fourth Amendment in a post-9/11 world. The Evolution of the Fourth Amendment is ideal for upper-level undergraduate and graduate students in political science, constitutional law and history, civil liberties, and criminal, justice courses. Book jacket.
Author: Dimitrios Giannoulopoulos
Publisher: Bloomsbury Publishing
ISBN: 150992325X
Category : Law
Languages : en
Pages : 366
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Book Description
This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the 'constitutionalisation' and 'internationalisation' of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide. Analysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance. The laws of England and Wales, France, Greece and the United States are systematically compared and contrasted throughout this study, but, where appropriate, analysis extends to other Anglo-American and Continental legal systems. The book reviews exclusionary rules vis-à-vis the operation of judicial discretion, and explores the normative justifications that underpin them. It attempts to reinvigorate the idea of excluding evidence to protect constitutional or human rights (the rights thesis), arguing that there is significant scope for Anglo-American and Continental legal systems to place a renewed emphasis on it, particularly in relation to confessional evidence obtained in violation of custodial interrogation rights; we can locate an emerging rapprochement, and unique potential for European Court of Human Rights jurisprudence to build consensus in this respect. In marked contrast, remaining divergence with regard to evidence obtained by privacy violations means there is little momentum to adopt a reinvigorated rights thesis more widely. Longlisted for the Inner Temple Book Prize 2022.
Author: Ilya Shapiro
Publisher: Simon and Schuster
ISBN: 1684510724
Category : Political Science
Languages : en
Pages : 250
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Book Description
NAMED ONE OF THE BEST BOOKS OF 2021: POLITICS BY THE WALL STREET JOURNAL "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.
Author: Mark K. Moller
Publisher: Cato Institute
ISBN: 1933995602
Category : Law
Languages : en
Pages : 387
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Book Description
Published every September in celebration of Constitution Day, the Cato Supreme Court Review brings together leading legal scholars to analyze the most important cases of the Court's most recent term. It is the first scholarly review to appear after the term's end and the only on to critique the court from a Madisonian perspective.
Author: Mark K. Moller
Publisher: Cato Institute
ISBN: 9781930865587
Category : Law
Languages : en
Pages : 536
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Book Description
A timely review of the Court's recent decisions.
Author: David Andrew Schultz
Publisher: Infobase Publishing
ISBN: 1438126778
Category : Juvenile Nonfiction
Languages : en
Pages : 923
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Book Description
Covers the people, court cases, historical events, and terms relating to one of the most studied political documents in schools across the country, the United States Constitution.
