A Criticism of Recent Cases in Procedure and Constitutional Law

A Criticism of Recent Cases in Procedure and Constitutional Law PDF Author: Paul Longstreth Fussell
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 140

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Book Description

A Criticism of Recent Cases in Procedure and Constitutional Law

A Criticism of Recent Cases in Procedure and Constitutional Law PDF Author: Paul Longstreth Fussell
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 140

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Book Description


Criminal Procedure

Criminal Procedure PDF Author: Charles H. Whitebread
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 668

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Book Description


Constitutional Criminal Procedure

Constitutional Criminal Procedure PDF Author: Andrew E. Taslitz
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 132

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Book Description


Constitutional Law

Constitutional Law PDF Author: Martin Levy
Publisher: Aspen Publishing
ISBN: 1543857698
Category : Law
Languages : en
Pages : 1530

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Book Description
Constitutional Law: Cases and Materials, Third Editionis structured for a three- to five-hour introductory course in Constitutional Law. Coverage includes a review of the power of the three coordinate branches of the federal government with particular emphasis on the Federal and Supreme Courts. Constitutional Law: Cases and Materialsemphasizes Individual Rights and includes Application of the Bill of Rights and the fundamental rights to Due Process, both substantive and procedural, as well as Equal Protection. First Amendment issues are not included: this casebook is meant for use in programs that offer separate First Amendment course. Professors and students will benefit from: Strong emphasis on civil rights and the Fourteenth Amendment including more extensive coverage of slavery, segregation, and civil rights and a very “realist view” of the role the Supreme Court has played from slavery to present. Structuring of Article III jurisdictional requirements as they are affected by a given subject matter in relation to how the judicial power should be applied in a democratic society. Beginning with a “mini course” in Supreme Court decision making and using the controversy generated by the “privacy and abortion cases” to show how actual case law is affected by the “weak origins” of judicial review and the conflict?in?the need to limit?governmental power (the Constitution as fundamental law) by a non-elected Court in a democratic society. Allowing students to understand how the substantive contemporary controversies in the subject matter affect how the Court applies the judicial power. ? Preparing the student to understand how the use of the case and controversy requirements in Article III are applied to restrain the judicial power and bow to the democratic process, as exemplified by the “historic” privacy cases. Providing the students exposure to some of the classic articles dealing with these issues in order to benefit their understanding of the subject matter. New to the Third Edition: The authors have updated material and included information on new developments in: The Pre-emption Doctrine The Civil Rights Act of 1964 Federalism Presidential Power (including the Unitary Executive Theory) Post Shelby v. Holder Voting Rights Redistricting Second Amendment right to bear arms Abortion Rights

Modern Constitutional Law

Modern Constitutional Law PDF Author: Lawrence Friedman
Publisher: Aspen Publishing
ISBN: 1543804284
Category : Law
Languages : en
Pages : 984

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Book Description
Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes-- portability, meaningful feedback, and greater efficiency. Unlike other casebooks that typically seek to tackle the entirety of Constitutional Law and are organized from the perspective of the constitutional scholar--a top-down approach that encompasses (and even emphasizes) theoretical and philosophical perspectives and debates--Modern Constitutional Law: Cases, Problems and Practice focuses on key areas of constitutional law and is organized from the ground-up. Rather than assuming students will one day be making constitutional arguments before the U.S. Supreme Court (or teaching Constitutional Law), this book assumes students will more likely be making constitutional arguments before a state or federal trial court. And so it focuses on those areas of Constitutional Law that are likely to be relevant to the practice areas in which most law students will work after law school--small or solo firms that count individuals and small businesses as their clientele, or the offices of state agencies, district attorneys, or public defenders. New to the Second Edition: Updated with key First Amendment cases through the 2017-2018 Supreme Court term, including Expressions Hair Design v. Schneiderman and Masterpiece Cakeshop v. Colorado Civil Rights Commission Includes commentary on controversial cases from the 2017-2018 Supreme Court term, including Trump v. Hawaii Existing cases have been further edited to preserve the scope of the book while reducing its size Additional supplemental cases are added to the online Professor Resources to allow professors to add coverage of most areas of constitutional law Professors and students will benefit from: Narrower scope than other casebooks A focus on doctrine rather than theory Emphasis on modern and contemporary cases rather than historical ones (although landmark cases, such as McCulloch v. Maryland, The Prize Cases, and Lochner v. New York, to name a few, are also included) Coverage that focuses on the issues most relevant to the types of practice students will enter upon graduation, such as due process, equal protection, and First Amendment Inclusion of cases from the lower federal and state courts Inclusion of a generous number of case excerpts to help students develop their ability to read legal texts closely and extract useful information Problems and "Practice Perspectives" CasebookConnect features: ONLINE E-BOOK Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

New York Criminal Procedure

New York Criminal Procedure PDF Author: Christopher J. Morse
Publisher: Carolina Academic Press LLC
ISBN: 9781531016739
Category : Criminal procedure
Languages : en
Pages : 0

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Book Description
The third edition of New York Criminal Procedure provides the student, professional and scholar with a valuable resource for insightful analysis of New York's Criminal Procedure Law. This text thoroughly reviews statutory, constitutional and case law, including the results of a once-in-a-generation wave of legislative reforms. These reforms bring progressive policies to bear on an array of new bright-line requirements and discretionary guidelines. New York's legislature made sweeping changes to bail requirements and juvenile justice, with new age-based presumptions of criminal responsibility, and an entirely new "Youth Part" within its court system. Major changes also apply to the rules of discovery, and new requirements for a speedy trial. This book examines the reforms, and the criminal procedure statute in its entirety, including arrest, arraignment, pleadings, hearings, motions, discovery, evidence, trial and appeal, and special procedures such as immunity, jurisdiction, wiretapping and extradition. Over eighty illustrative cases provide precedents and judicial analysis of stop and frisk, search warrants, no-knock entry, grand jury proceedings, plea bargaining, bail, the admission of prior witness statements at trial, bodily intrusions, DNA testing, suppression of evidence, jury trial, sentencing and sex offender registration. Delivery of this challenging area of criminal justice through three sources of law helpsthree major sources of law, enables the student, professionalor scholar to attain a comprehensive understanding of New York's Criminal Procedure law.

Judicial Review in New Democracies

Judicial Review in New Democracies PDF Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 9780521520393
Category : Law
Languages : en
Pages : 322

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Book Description
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.

Practical Criminal Procedure

Practical Criminal Procedure PDF Author: Brent E. Newton
Publisher: Aspen Publishing
ISBN: 1601569289
Category : Law
Languages : en
Pages : 348

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Book Description
Whether you are a prosecutor or a defense attorney, a thorough understanding of the many procedural issues in a case can mean the difference between a conviction and an acquittal or an affirmance or reversal on appeal. This guide by Brent Newton comprehensively examines the major topics in constitutional criminal procedure with a pragmatic view that gets to the heart of each matter quickly and cogently. It includes a summary to every significant decision of the United States Supreme Court that impacts constitutional criminal procedure. This text also highlights many of constitutional procedural issues that the United States Supreme Court has not yet addressed and reviews the extensive treatment these issues have received in the lower federal and state courts. Written for law students, criminal defense attorneys, and prosecuting attorneys, the Fourth Edition of Practical Criminal Procedure helps legal professionals understand complex criminal legal issues in context and how legal issues commonly arise in real-world litigation. New to the 4th Edition: The fourth edition includes practical analysis of many new Supreme Court decisions that significantly have changed many aspects of constitutional criminal procedure, including: Fourth Amendment cases, including Kansas v. Glover (2019); Carpenter v. United States (2018); Collins v. Virginia (2018); and Byrd v. United States (2018) Double Jeopardy cases, including Gamble v. United States (2019) Cases addressing the Sixth Amendment right to counsel, including Ramos v. Louisiana (2020) Sixth Amendment right to counsel cases, including McCoy v. Louisiana (2018) and Garza v. Idaho (2019) Sentencing cases, including McKinney v. Arizona (2020) Federal habeas corpus cases, including Wilson v. Sellers (2018)

New York Criminal Procedure

New York Criminal Procedure PDF Author: Christopher J. Morse
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 426

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Book Description
This book presents an analysis of New York criminal procedure law that integrates the three sources of the law: statutory law, case law, and constitutional law. It is difficult, if not impossible, for anyone without formal legal education to acquire a reasonable understanding of the criminal procedure process without such integration and analysis. New York Criminal Procedure covers the criminal procedure statute in its entirety, from arrest, arraignment, pleadings, hearings, motions, discovery, evidence, trial and appeal to special procedures such as immunity, jurisdiction, wiretapping, the death penalty, and extradition. Morse integrates and analyzes the statute with court decisions and constitutional considerations, presenting the reader with a ready knowledge of the criminal procedure process. The book contains over eighty edited, illustrative cases illustrating various aspects of criminal procedure law such as stop and frisk, search warrants, no-knock entry, grand jury proceedings, plea bargaining, bail, admission at trial of previous statements of witnesses, bodily intrusions, DNA testing, suppression of evidence, jury trial, sentencing, and sex offender registration. This book may be used in any jurisdiction in order to enable one to acquire a working knowledge and understanding of basic criminal procedure law.

Constitutional Law

Constitutional Law PDF Author: Casenote Legal Briefs
Publisher: Aspen Publishers
ISBN: 9781454840770
Category : Constitutional law
Languages : en
Pages : 0

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Book Description
After your casebook, a Casenote Legal Brief is your most important reference source for the entire semester. The series is trusted for its expert summary of the principal cases in your casebook. Its proven reliability makes Casenote Legal Briefs the most popular case brief series available. With more than 100 titles keyed to the current editions of major casebooks, you know you can find the help you need. The brief for each case saves you time and helps you retain important issues. Each brief has a succinct statement of the rule of law/black letter law, description of the facts, and important points of the holding and decision. Quicknotes are short definitions of the legal terms used at the end of each brief. Use the Glossary in the end of your text to define common Latin legal terms. Such an overview, combined with case analysis, helps broaden your understanding and supports you in classroom discussion. Each title is keyed to the current edition of a specific casebook; it s your trusted guide to the text throughout the semester. The brief for each principal case in the casebook saves you time and helps you retain important issues. Each brief has a succinct statement of the rule of law/black letter law, description of the facts, important points of the holding and decision, and concurrences and dissents included in the casebook excerpt. This overview is combined with a short analysis: all to help you broaden your understanding and support you in classroom discussion. Quicknotes at end of each brief give you short definitions of the legal terms used. A handy Glossary of common Latin words and phrases is included in every Casenote. Detailed instruction on how to brief a case is provided for you. A free Quick Course Outline accompanies all Casenote Legal Briefs in these course areas: Civil Procedure, Constitutional Law, Contracts, Criminal Law, Criminal Procedure, Evidence, Property, and Torts.