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Author:
Publisher:
ISBN:
Category : Legal briefs
Languages : en
Pages : 26
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Book Description
Author:
Publisher:
ISBN:
Category : Legal briefs
Languages : en
Pages : 26
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Book Description
Author:
Publisher:
ISBN:
Category : Legal briefs
Languages : en
Pages : 64
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Author:
Publisher:
ISBN:
Category : Legal briefs
Languages : en
Pages : 118
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Book Description
Author: E. Thomas Sullivan
Publisher: Oxford University Press
ISBN: 0199886695
Category : Law
Languages : en
Pages : 297
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Book Description
From the ancient origins of Just War doctrine to utilitarian and retributive theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. These concepts all embody the fundamental value that government and private actions should not be demonstrably excessive relative to their moral and practical justifications. In the American legal system, despite frequent though unacknowledged use of proportionality principles, there is no general theory of what permits courts to invalidate intrusive measures. In Proportionality Principles in American Law, two renowned legal scholars seek to advance such a theory. They argue that standards of review should be more clearly and precisely defined, and that in most circumstances every intrusive government measure which limits or threatens individual rights should undergo some degree of proportionality review. Across a wide range of legal contexts, E. Thomas Sullivan and Richard S. Frase identify three basic ways that government measures and private remedies have been found to be disproportionate: relative to fault; relative to alternative means of achieving the same practical purposes; and relative to the likely practical benefits of the measure or remedy. Using this structure, the book examines the origins and contemporary uses of proportionality principles in public law, civil liberties, and the criminal justice system, emphasizing the utility of proportionality principles to guide judicial review of excessive government measures. By constructing a new framework and a general theory for constitutional judicial review, Proportionality Principles in American Law will help courts more consistently and effectively apply proportionality principles to better serve their vital roles as guardians of individual rights and liberties.
Author:
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Category : Civil procedure
Languages : en
Pages : 1218
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Book Description
Author: Charles J. Ogletree
Publisher: W. W. Norton & Company
ISBN: 9780393058970
Category : Biography & Autobiography
Languages : en
Pages : 412
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Book Description
A Harvard Law School professor examines the impact that Brown v. Board of Education has had on his family, citing historical figures, while revealing how the reforms promised by the case were systematically undermined.
Author: Illinois. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 712
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Book Description
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 546
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Book Description
Author: Howard Clifford Joyce
Publisher:
ISBN:
Category : Forms (Law)
Languages : en
Pages : 1024
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Book Description
Author: Douglas NeJaime
Publisher: Aspen Publishing
ISBN: 154381591X
Category : Law
Languages : en
Pages : 1152
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Book Description
Family Law in a Changing America is a new casebook that highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before, having repudiated hierarchies based on race, gender, and sexuality. Yet, as our society has grown more economically unequal, so too have family patterns diverged—with marriage and marital child-rearing becoming a mark of privilege. A number of developments—mass incarceration, the privatization of care, and reproductive technologies—have also contributed to disparities based on race, class, and gender. The casebook reflects the law’s continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around 1) adult relationships and 2) parent-child relationships. Professors and students will benefit from: Text that includes dramatic changes in family patterns in contemporary society, including: declining marriage rates, with differential rates based on race and class; increasing rates of nonmarital cohabitation and nonmarital parenting; the use of assisted reproduction and its challenge to biological understandings of parentage; tensions between women’s increasing education and employment and the perseverance of the gendered division of labor in families; the inclusion of same-sex couples in marriage and parenthood An approach that decenters the marital heterosexual family and instead is structured around the general topics of adult relationships and parent-child relationships Focus on the scope of family law, including extensive coverage of crucial sites of family regulation, such as the child welfare system, that are traditionally neglected Emphasis on multiple modes of legal interpretation (common law, constitutional, statutory) and multiple actors in the legal system (judges, legislators, lawyers, experts, social workers) Practical problems and exercises, often based on actual cases or events, that illuminate the gaps, tensions, and implications of existing doctrine; some of the problems include postscripts explaining how the issue was resolved by a court or legislature An approach that draws on more recent cases and cutting-edge issues and that includes extensive coverage of assisted reproduction (including IVF, surrogacy, and gamete donation), parentage (including intentional parenthood, functional parenthood, and multi-parent arrangements), adoption, child welfare, and family support
