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Author: Frederick Pollock
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 396
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Book Description
Author: Frederick Pollock
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 396
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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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: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0199756147
Category : Law
Languages : en
Pages : 402
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Book Description
Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.
Author: Frederick Charles Hicks
Publisher:
ISBN:
Category : Briefs
Languages : en
Pages : 638
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Author: Society of Solicitors before the Supreme Courts of Scotland. Library
Publisher:
ISBN:
Category : Bibliography
Languages : en
Pages : 412
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Book Description
Author: Faculty of Procurators in Glascow. Library
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1120
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Book Description
Author: Michael J. Z. Mannheimer
Publisher: University of Michigan Press
ISBN: 0472903713
Category : Law
Languages : en
Pages : 431
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Book Description
Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids "unreasonable searches and seizures" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts’ misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or “states’ rights,” provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments.
Author: Society of Solicitors before the Supreme Courts of Scotland. Library
Publisher:
ISBN:
Category :
Languages : en
Pages : 412
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Book Description
Author: Richard Floyd Clarke
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 558
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Book Description
