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Author: Andrew E. Taslitz
Publisher: NYU Press
ISBN: 0814783260
Category : Law
Languages : en
Pages : 377
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Book Description
The modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror. Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that the original Fourth Amendment of 1791—born in political struggle between the English and the colonists—served important political functions, particularly in regulating expressive political violence. Second, that the Amendment’s meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic. With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.
Author: M.H. Smith
Publisher: Univ of California Press
ISBN: 0520327403
Category : Law
Languages : en
Pages : 608
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Book Description
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.
Author: Linda R. Monk
Publisher: Hachette Books
ISBN: 0316381861
Category : Political Science
Languages : en
Pages : 674
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Book Description
The Words We Live By takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. In The Words We Live By, Linda Monk probes the idea that the Constitution may seem to offer cut-and-dried answers to questions regarding personal rights, but the interpretations of this hallowed document are nearly infinite. For example, in the debate over gun control, does "the right of the people to bear arms" as stated in the Second Amendment pertain to individual citizens or regulated militias? What do scholars say? Should the Internet be regulated and censored, or does this impinge on the freedom of speech as defined in the First Amendment? These and other issues vary depending on the interpretation of the Constitution. Through entertaining and informative annotations, The Words We Live By offers a new way of looking at the Constitution. Its pages reflect a critical, respectful and appreciative look at one of history's greatest documents. The Words We Live By is filled with a rich and engaging historical perspective along with enough surprises and fascinating facts and illustrations to prove that your Constitution is a living -- and entertaining -- document. Updated now for the first time, The Words We Live By continues to take an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, and affirmative action.
Author: Thomas K. Clancy
Publisher:
ISBN: 9781611631746
Category : Constitutional amendments
Languages : en
Pages : 0
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Book Description
To view this book's first chapter, click here. This treatise is an accessible and authoritative resource for scholars, judges, practitioners, and others on the Fourth Amendment. It comprehensively treats Supreme Court case law and offers a structural approach to the Fourth Amendment, addressing foundational questions: What is a search? What is a seizure? What does the Amendment protect? When is it satisfied? When does the exclusionary rule apply? The treatise offers ready access to current doctrine. The historical events and the development of search and seizure principles over time provide perspective. Fourth Amendment jurisprudence is in constant change and this second edition incorporates all Supreme Court developments since the first edition, including important cases on the definition of a "search," searches of vehicles, exigent circumstances, dog searches, and the exclusionary rule. It also adds hundreds of lower court cases. The second edition includes a new introductory section on digital evidence in Chapter 1, highlighting the increasing importance of such evidence, and has additional treatment of digital evidence throughout. Although the structure of the first edition has been retained, every section of the new edition has new material and many of sections have been substantially revised.
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Category : Common law
Languages : en
Pages : 828
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Book Description
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author: Nelson B. Lasson
Publisher: Da Capo Press, Incorporated
ISBN:
Category : Law
Languages : en
Pages : 166
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Book Description
Author: Samuel D. Brandeis, Louis D. Warren
Publisher: BoD – Books on Demand
ISBN: 3732645487
Category : Fiction
Languages : en
Pages : 42
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Book Description
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1192
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Book Description
Author: United States
Publisher:
ISBN:
Category :
Languages : en
Pages : 66
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 48
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Book Description
Author: Carol Berkin
Publisher: Simon and Schuster
ISBN: 1476743819
Category : History
Languages : en
Pages : 272
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Book Description
“Narrative, celebratory history at its purest” (Publishers Weekly)—the real story of how the Bill of Rights came to be: a vivid account of political strategy, big egos, and the partisan interests that set the terms of the ongoing contest between the federal government and the states. Those who argue that the Bill of Rights reflects the founding fathers’ “original intent” are wrong. The Bill of Rights was actually a brilliant political act executed by James Madison to preserve the Constitution, the federal government, and the latter’s authority over the states. In the skilled hands of award-winning historian Carol Berkin, the story of the founders’ fight over the Bill of Rights comes alive in a drama full of partisanship, clashing egos, and cunning manipulation. In 1789, the nation faced a great divide around a question still unanswered today: should broad power and authority reside in the federal government or should it reside in state governments? The Bill of Rights, from protecting religious freedom to the people’s right to bear arms, was a political ploy first and a matter of principle second. The truth of how and why Madison came to devise this plan, the debates it caused in the Congress, and its ultimate success is more engrossing than any of the myths that shroud our national beginnings. The debate over the Bill of Rights still continues through many Supreme Court decisions. By pulling back the curtain on the short-sighted and self-interested intentions of the founding fathers, Berkin reveals the anxiety many felt that the new federal government might not survive—and shows that the true “original intent” of the Bill of Rights was simply to oppose the Antifederalists who hoped to diminish the government’s powers. This book is “a highly readable American history lesson that provides a deeper understanding of the Bill of Rights, the fears that generated it, and the miracle of the amendments” (Kirkus Reviews).
