Methods of Constitutional Construction

Methods of Constitutional Construction PDF Author: Theodore Schroeder
Publisher:
ISBN:
Category : Freedom of speech
Languages : en
Pages : 118

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Methods of Constitutional Construction

Methods of Constitutional Construction PDF Author: Theodore Schroeder
Publisher:
ISBN:
Category : Freedom of speech
Languages : en
Pages : 118

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Book Description


Methods of Constitutional Construction

Methods of Constitutional Construction PDF Author: Theodore Schroeder
Publisher:
ISBN:
Category : Freedom of speech
Languages : en
Pages : 106

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Methods of Constitutional Construction, the Synthetic Method

Methods of Constitutional Construction, the Synthetic Method PDF Author: Theodore Albert Schroeder
Publisher:
ISBN: 9781330909942
Category : Political Science
Languages : en
Pages : 112

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Book Description
Excerpt from Methods of Constitutional Construction, the Synthetic Method: Illustrated on the Free Speech Clause of the Federal Constitution "Dear Sir: "We are returning to you under separate cover the interesting article we had the pleasure of receiving from you, with regret that we cannot use it. "In passing perhaps it would not be out of the way to suggest that it gives the impression that its author, like the judges it is aimed at, has allowed himself to be carried away by prenatal-predispositions." Thus wrote the "Editor in chief" of a prominent law review in returning the manuscript which is hereinafter published. Among those who are displeased or disappointed with the conclusion of the following essay there will be those inclined to echo the sentiment of this editor and obtuse enough to complacently consider this an adequate disposition of the whole discussion. I frankly accept the implied criticism of my ability to make any essential phase of my meaning clear to any such minds. I do not claim exemption from predispositions. With all of us reasoning is admittedly but an effort to justify our predispositions. But I do make conscious effort (here perhaps I may justly claim to differ from some lawyers) toward habitually founding my predispositions upon a confidence in the scientific method and its impersonal results rather than upon attachment to concrete doctrines of advantage to self, to friends, or class. Of course it may be that in this effort I have failed utterly. Even so, it is hoped that I can make it clear to some readers that I am not merely pitting my predispositions against those of others or my personal desires as such, against the personal desires of others. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Constitutional Convention Procedures

Constitutional Convention Procedures PDF Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 1384

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Problems Relating to a Federal Constitutional Convention

Problems Relating to a Federal Constitutional Convention PDF Author: Cyril F. Brickfield
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 136

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Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Publications

Publications PDF Author: University of Oregon
Publisher:
ISBN:
Category :
Languages : en
Pages : 142

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Keeping Faith with the Constitution

Keeping Faith with the Constitution PDF 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.

The Mind of the Censor and the Eye of the Beholder

The Mind of the Censor and the Eye of the Beholder PDF Author: Robert Corn-Revere
Publisher:
ISBN: 1108216102
Category : Law
Languages : en
Pages : 386

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Book Description
Beginning in the nineteenth century with Anthony Comstock, America's 'censor in chief,' The Mind of the Censor and the Eye of the Beholder explores how censors operate and why they wore out their welcome in society at large. This book explains how the same tactics were tried and eventually failed in the twentieth century, with efforts to censor music, comic books, television, and other forms of popular entertainment. The historic examples illustrate not just the mindset and tactics of censors, but why they are the ultimate counterculture warriors and why, in free societies, censors never occupy the moral high ground. This book is for anyone who wants to know more about why freedom of speech is important and how protections for free expression became part of the American identity.

Hearings, Reports and Prints of the Senate Committee on the Judiciary

Hearings, Reports and Prints of the Senate Committee on the Judiciary PDF Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Administrative procedure
Languages : en
Pages : 1632

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