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Author: Patrick John McGinley
Publisher:
ISBN: 9781531017156
Category :
Languages : en
Pages : 672
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Book Description
Author: Patrick John McGinley
Publisher:
ISBN: 9781531017156
Category :
Languages : en
Pages : 672
Get Book Here
Book Description
Author: Patrick John McGinley
Publisher: Law Office of Patrick John McGinley, P.A.
ISBN:
Category : Law
Languages : en
Pages : 697
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Book Description
This law school casebook analyzes the Constitution of the State of Florida. It begins with the idea of a state being a "laboratory of democracy" where rights may be expanded or invented within the minimum requirements of the federal constitution. It explores the question of how a state constitution can produce its own jurisprudence in light of the supremacy of the United States Constitution. It outlines the canons of construction for the Florida Constitution. It introduces the concept that a state constitution can be a source of heightened civil liberties and fundamental rights. It explores this issue in greater detail by using the Florida Constitution as an example. It identifies Florida Constitutional rights without an exact parallel to those in the text of the US Constitution and asks whether Florida has taken its own path in interpreting or implementing the identified constitutional rights. It introduces rights enumerated in the text of the Florida Constitution that are not embodied in the text of the US Constitution. In so doing, it compares Florida's approach to those of other state constitutions. It addresses the familiar refrain that unlike the federal constitution a state's constitution is a restriction upon power not a grant of power. It looks at state constitutional criminal procedure by examining the ancient origin of the jury and the recent origin of Florida criminal procedure. Finally, it examines the US Supreme Court's acceptance of a state's inherent police power, and state-by-state differences in zoning and nuisance law, so as to better understand how eminent domain and inverse condemnation may differ under state constitutions such as Florida's.
Author: Michael F. Conlin
Publisher: Cambridge University Press
ISBN: 1108495273
Category : History
Languages : en
Pages : 351
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Book Description
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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Book Description
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: Jon L. Mills
Publisher: Oxford University Press
ISBN: 0195367359
Category : Law
Languages : en
Pages : 406
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Book Description
"Privacy: The Lost Right is an authoritative overview of privacy in today's intrusive world. By analyzing the history and context of modern common law, tort, statutory and constitutional protections for the individual, Jon L. Mills exposes the complex web of laws and policies that fail to provide privacy protection. Identifying specific violations against privacy rights, such as identity theft, tabloid journalism, closed-circuit television, blogs, and Right to Die, he also provides a comprehensive assessment of privacy and legal remedies in the United States. Mills uses his experience as a former policy maker formulating Florida's constitutional privacy provisions and as an attorney in celebrity privacy cases to provide the leader with an understanding of the increasing intrusions in privacy rights, the possible harm, and available protections."--BOOK JACKET.
Author: United States Commission on Civil Rights
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 20
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Book Description
Author: Ohio. General Assembly. Senate
Publisher:
ISBN:
Category : Legislation
Languages : en
Pages : 114
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Book Description
Author: David F. Forte
Publisher: Simon and Schuster
ISBN: 1621573524
Category : Political Science
Languages : en
Pages : 644
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Book Description
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
Author: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
ISBN: 0190866063
Category : Law
Languages : en
Pages : 297
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Book Description
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Author: Illinois. State Board of Elections
Publisher:
ISBN:
Category : County officials and employees
Languages : en
Pages : 414
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Book Description
