PEOPLE OF THE STATE OF MICHIGAN V MICHAEL J. JOHNSON, 421 MICH 494 (1984) PDF Download
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Languages : en
Pages : 52
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71296
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Languages : en
Pages : 52
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71296
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Languages : en
Pages : 1084
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Author: Timothy Lynch
Publisher: Cato Institute
ISBN: 1935308254
Category : Law
Languages : en
Pages : 285
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Book Description
America’s criminal codes are so voluminous that they now bewilder not only the average citizen but also the average lawyer. Our courthouses are so clogged that there is no longer adequate time for trials. And our penitentiaries are overflowing with prisoners. In fact, America now has the highest per capita prison population in the world. This situation has many people wondering whether the American criminal justice system has become dysfunctional. A generation ago Harvard Law Professor Henry Hart Jr. published his classic article, “The Aims of the Criminal Law,” which set forth certain fundamental principles concerning criminal justice. In this book, leading scholars, lawyers, and judges critically examine Hart’s ideas, current legal trends, and whether the “first principles” of American criminal law are falling by the wayside. Policymakers, academics, and citizens alike will enjoy this lively discussion on the nature of crime and punishment, and how the choices we make in formulating criminal laws can impact liberty, security, and justice.
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Category : Civil procedure
Languages : en
Pages : 724
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Category :
Languages : en
Pages : 26
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Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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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.
Author: Christine Barbour
Publisher: CQ Press
ISBN: 1544326092
Category : Political Science
Languages : en
Pages : 649
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Keeping the Republic gives students the power to examine the narrative of what's going on in American politics, distinguish fact from fiction and balance from bias, and influence the message through informed citizenship. Keeping the Republic draws students into the study of American politics, showing them how to think critically about “who gets what, and how” while exploring the twin themes of power and citizenship. Students are pushed to consider how and why institutions and rules determine who wins and who loses in American politics, and to be savvy consumers of political information. The thoroughly updated Ninth Edition considers how a major component of power is who controls the information, how it is assembled into narratives, and whether we come to recognize fact from fiction. Citizens now have unprecedented access to power – the ability to create and share their own narratives – while simultaneously being even more vulnerable to those trying to shape their views. The political landscape of today gives us new ways to keep the republic, and some high-tech ways to lose it. Throughout the text and its features, authors Christine Barbour and Gerald Wright show students how to effectively apply the critical thinking skills they develop to the political information they encounter every day. Students are challenged to deconstruct prevailing narratives and effectively harness the political power of the information age for themselves. Up-to-date with 2018 election results and analysis, as well as the impact of recent Supreme Court rulings, shifting demographics, and emerging and continuing social movements, Keeping the Republic, Ninth Edition is a much-needed resource to help students make sense of politics in America today. Keeping the Republic, The Essentials is identical to the full version of the text, minus the three policy chapters. Also available as a digital option (courseware). Contact your rep to learn more about Keeping the Republic, Ninth Essentials Edition - Vantage Digital Option.
Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 0691174040
Category : Law
Languages : en
Pages : 197
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Author: Stephen K. Rice
Publisher: NYU Press
ISBN: 0814776167
Category : Political Science
Languages : en
Pages : 544
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Book Description
The text includes both classic pieces and original essays that provide the reader with a comprehensive, even-handed sense of the theoretical underpinnings, methodological challenges, and existing research necessary to understand the problems associated with racial and ethnic profiling and police bias.
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Category :
Languages : en
Pages : 12
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