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Oxford Companion to the Supreme Court of the United States
Richard W. Garnett
Book Chapter
Richard W. Garnett, Good News Club v. Milford Central School ,in Oxford Companion to the Supreme Court of the United States 398 (Kermit L. Hall ed., 2005)
The Supreme Court has continued to write constitutional history over the thirteen years since publication of the highly acclaimed first edition of The Oxford Companion to the Supreme Court. Two new justices have joined the high court, more than 800 cases have been decided, and a good deal of new scholarship has appeared on many of the topics treated in the Companion. Chief Justice William H. Rehnquist presided over the impeachment trial of President Bill Clinton, and the Court as a whole played a decisive and controversial role in the outcome of the 2000 presidential election. Under Rehnquists's leadership, a bare majority of the justices have rewritten significant areas of the law dealing with federalism, sovereign immunity, and the commerce power.
This new edition includes new entries on key cases and fully updated treatment of crucial areas of constitutional law, such as abortion, freedom of religion, school desegregation, freedom of speech, voting rights, military tribunals, and the rights of the accused. These developments make the second edition of this accessible and authoritative guide essential for judges, lawyers, academics, journalists, and anyone interested in the impact of the Court's decisions on American society. -
The Heritage Guide to the Constitution
Richard W. Garnett
Book Chapter
Richard W. Garnett, Public Trial, in The Heritage Guide to the Constitution 347 ( Matthew Spalding & David Forte, eds,, 2005)
This guide is the first of its kind, and presents the U.S. Constitution as never before, including a clause-by-clause analysis of the document, each amendment and relevant court case, and the documents that serve as the foundation of the Constitution.
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Partnership Income Taxation, 4th ed.
Alan Gunn and James R. Repetti.
This handbook examines partnership tax laws, enabling readers to easily understand specific provisions within a larger context. Some of the topics covered include what constitutes a partnership; partnerships vs. corporations; partnership vs. co-ownership of property; the pass-through principle of partnership taxation; an introduction to partnership debt; allocations of partnership income; transactions between partnerships and their partners
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The Judicial Branch
Donald P. Kommers
Book Chapter
Donald P. Kommers, American Courts and Democracy: A Comparative Perspective, in The Judicial Branch 200 (Kermit L. Hall & Kevin T. McGuire eds., 2005)
The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.
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International Law and the Use of Force: Cases and Materials
Mary Ellen O'Connell
International Law and the Use of Force brings together cases and materials on both the law governing the resort to armed force (jus ad bellum) and the law governing the conduct of force (jus in bello). It provides a dynamic yet classic introduction for students, scholars and practitioners. The book explores the United Nations Charter rules, and the Hague and Geneva Conventions as central to the regulation of armed force. There are also chapters on the historic development of international law on the use of force and important cases from the last ten years, including the International Court of Justice decisions in the Oil Platforms Case and the Wall Case, and the U.S. Supreme Court decisions, Rasul v. Bush and Hamdi v. Rumsfeld.
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Redefining Sovereignty: The Use of Force After the Cold War
Mary Ellen O'Connell, Michael Bothe, and Natalino Ronzitti
The use of force and the regulation of armed conflict in the 21st century raises new and challenging questions in international law and policy. This timely study brings together leading scholars -- including ethicists, political scientists and international lawyers -- to address the use of force, beginning with NATO's 1999 intervention in Kosovo up to the US-led invasion of Iraq. In some important respects, the legal regime for force regulation -- in place since the adoption of the UN Charter in 1945 -- provides a normative restraint on international relations, but is it wholly relevant and effective with regard to contemporary events? The contributors investigate what options are or should be lawful in the 21st century.
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Legal Interviewing and Counseling in a Nutshell
Thomas L. Shaffer and James R. Elkins
In today's world, lawyers tend to become identified more with law and less with people, the public interest, social welfare and the common good. However, many lawyers are sensitive, people-oriented professionals who relate to their clients as persons and not as problems. The authors argue that counseling is the heart and soul of lawyering, and that it is an integral part of the legal education.
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American Tourist Guide to English English
J. Eric Smithburn
Lorry or truck? Potato chips or crisps? Autumn or fall? From the chemist to the chippy, whether you're at sixes and sevens, chuffed to bits or over the moon, this book may surprise anyone who thinks that the same language is spoken in the United States and in Britain. The Illustrated American Tourist Guide to English English contains nearly 3,500 definitions and translations to aid the American visitor in understanding and being understood in England. From everyday slang to differences in formal language, the book covers just about any social situation likely to be encountered. An invaluable reference guide for the American tourist, this is also a book to be dipped into for sheer pleasure and enjoyment of the surprising, often amusing, distinctions between American and English English
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Illustrated American Tourist Guide to English English
J. Eric Smithburn
Lorry or truck? Potato chips or crisps? Autumn or fall? From the chemist to the chippy, whether you're at sixes and sevens, chuffed to bits or over the moon, this book may surprise anyone who thinks that the same language is spoken in the United States and in Britain. The Illustrated American Tourist Guide to English English contains nearly 3,500 definitions and translations to aid the American visitor in understanding and being understood in England. From everyday slang to differences in formal language, the book covers just about any social situation likely to be encountered. An invaluable reference guide for the American tourist, this is also a book to be dipped into for sheer pleasure and enjoyment of the surprising, often amusing, distinctions between American and English English.
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Cyberlaw: Problems of Policy and Jurisprudence in the Information Age. 2nd ed.
Patricia L. Bellia, David G. Post, and Paul Schiff Berman
This innovative casebookwhich has proved extremely popular with students and professors alikestarts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which broader jurisprudential issues can be re-examined. Accordingly, this book goes beyond plugging Internet-related cases into a series of pre-existing doctrinal categoriesFirst Amendment, copyright, trademark, etc.and instead emphasizes the conceptual debates that cut across the areas of doctrine touched by cyberspace. Moreover, the casebook uses the rise of the Internet to encourage readers to reconsider various assumptions in traditional legal doctrine. This dual focus provides readers with broad-based and sophisticated training in Internet-related legal issues while also making the argument that cyberlaw is a coherent and useful field of study. Thus, instead of compiling a list of topic areas, the book seeks to define a set of conceptual issues that extend across the spectrum of Internet legal dilemmas. While all of the traditional subject matter areas of cyberlaw are addressed, they are placed in a new framework one that asks both students and professors to consider what it is that cyberlaw has to teach us about law more generally. The new edition retains the qualities that have made the book so successful in law schools across the country. It is compact, serves a variety of course formats, builds new cases on top of a foundation of non internet legal doctrine, and fosters lively and provocative class discussions. The third edition will, of course, provide updated case and statutory coverage, but in addition, the casebook has undergone a major revision to provide even greater conceptual clarity and respond to user feedback Treatment of subjects has been adjusted throughout to reflect new thinking in the field, each chapter now includes greater framing to highlight the issues to be explored, materials have been reordered to make more intuitive conne
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Davies on Contract. 9th ed.
Geoffrey J. Bennett
Davies on Contract is the ideal introduction to contract law, breaking the subject down into its component parts and providing a short and simple explanation of each key area. This edition has been extensively rewritten and restructured to reflect the changes in the way that contract law is presently taught, whilst retaining the simplicity and accessibility which made previous editions so popular. It is an ideal accompaniment to study.
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Educating Citizens
Richard W. Garnett
Book Chapter
Richard W. Garnett, Regulatory Strings and Religious Freedom: Requiring Private Schools To Promote Public Values, in Educating Citizens: International Perspectives on Civic Values and School Choice 324 (Patrick J. Wolf, et al. eds., 2004)
The United States is in the midst of historic experiments with publicly funded choice in K-12 education, experiments that recently received a "green light" from the Supreme Court. Other nations have long experience with the funding and regulation of nonpublic schools, including religious schools. This book asks what U.S. policymakers, public officials, and citizens can learn from these experiences. In particular, how do other countries regulate or structure publicly funded educational choice with an eye toward civic values—looking not only for improvements in test scores, but also in tolerance, civic cohesion, and democratic values such as integration across the lines of class, religion, and race?
The experience of Europe and Canada with school choice is both extensive and varied. In England and Wales, public school choice is widespread, as parents play a significant role in selecting the school their children will attend. In the Netherlands and much of Belgium, a majority of students attend religious schools at government expense. In Canada, France, and Germany, state-financed school choice is limited to circumstances that serve particular social and governmental needs. In Italy, school choice has just recently arrived on the policy agenda. In spite of the diversity of national experiences, in all of these countries choice is regulated by the government in significant and varied ways to promote civic values. In several of these countries, school choice policy itself appears to have played an important role in promoting social cohesion and integration. This book presents a wealth of experience designed to aid policymakers and citizens as they consider historic changes in American public education policy.
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Religion and the Death Penalty: A Call for Reckoning
Richard W. Garnett
Book Chapter
Richard W. Garnett, Christian Witness, Moral Anthropology, and the Death Penalty, in Religion and the Death Penalty: A Call for Reckoning 139 (Erik C. Owens et al., eds., 2004)
In this essay, I consider - in the context of our ongoing debates about capital punishment - the question, "what role ought religious beliefs play in a pluralistic democratic society that often presumes strict boundaries between matters of private faith and political life?" I suggest, first, that we should resist the imposition of such "strict" boundaries between "matters of private faith and political life" and, second, that in the context of our public arguments about the death penalty, engaged Christians should not merely to baptize the policy analyses and preferences of abolitionist or other interest groups, but should instead propose clearly what Pope John Paul II called the "moral truth about the human person." I contend that moral problems - and the death penalty poses, inescapably, such a problem - are anthropological problems, because moral arguments are built, for the most part, on anthropological presuppositions. In other words, as one scholar put it, our attempts at moral judgment tend to reflect our foundational assumptions about what it means to be human. Accordingly, what the public square needs from engaged Christians is a counter-cultural argument about the dignity and destiny of the human person. Such an argument could help our fellow citizens reach the right conclusion about what to do with convicted murderers not so much by dusting the usual arguments with God-talk as by challenging our culture to understand who and what these condemned persons are, and why it should make a difference.
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The Law of Asset Forfeiture
Sandra Guerra Thompson, Michael O'Hear, and Jimmy Gurule
The Law of Asset Forfeiture distinguishes the materials applicable to civil and criminal forfeiture. Attention is also paid to the most important affirmative defenses, many of a constitutional nature, as well as the non-judicial forms of relief available to property owners. There is an update feature on the LexisNexis site.
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American Constitutional Law: Essays, Cases, and Comparative Notes, 2nd ed.
Donald P. Kommers, John E. Finn, and Gary J. Jacobsohn
American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics including, the death penalty, privacy, affirmative action, and school segregation
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Evidence in Context: A Trial Evidence Workbook
James H. Seckinger, Robert P. Burns, and Steven Lubet
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State v. Lawrence
James H. Seckinger, Frank D. Rothschild, Deanne C. Siemer, and Frank D. Rothschild
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The Story of Hansberry: The Foundation for Modern Class Actions
Jay Tidmarsh
Book Chapter
The Story of Hansberry: The Foundation for Modern Class Actions, in Civil Procedure Stories 217 (Kevin M Clermont ed., 2004).
Hansberry is a story of racism; of neutral procedural principles developed to avoid both an untenable substantive outcome and a direct examination of the race issue; and ultimately of the rise of the most important, and most controversial, of all modern procedural devices—the class action.
The book is a collaborative effort by fourteen law-school professors to provide a deeper understanding of the great civil procedure cases. The professors each wrote a short chapter on one of the cases, retelling the cases in their own voice and by their own method. Each chapter has a fairly consistent structure, with separate sections on: social and legal background of the case; factual background of the case; lower court proceedings in the case; final appellate disposition, including issues, decisions, reasons, and separate opinions; factual postscript to the case; immediate impact of the case on the development of the law (why the case is famous and when it became so); and continuing importance of the case today (why it is still a leading case).
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Civil Procedure
Jay Tidmarsh, Thomas D. Rowe, and Suzanna Sherry
Professors choosing a civil procedure book have always faced difficult dilemmas. The "breadth vs. depth" trade-off is particularly acute in this field, and the matter is complicated by the fact that civil procedure might be allocated as few as 3 or as many as 6 credits. This book aims to ease that dilemma by structuring the material so that it can be taught quickly but at a high levels; the cases and notes are short but intellectually challenging. At less than 700 pages, most of the book can be covered in as few as 4 credit hours, but the materials are rich enough to expand discussion to 6 credit hours. For each individual topic, it is possible to use this book to cover the basics or to probe the issues in depth, depending on the time allocated. The book also introduces students to the themes that run through civil procedure: efficiency and fairness, the advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers inherent in the American judicial system. Each chapter begins by exploring these themes through excerpts from scholarship in the field, and is followed by notes and questions. The cases have been chosen to capture the students' interest as well as to teach the topics.
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Cyberlaw: Problems of Policy and Jurisprudence in the Information Age. 1st ed.
Patricia L. Bellia, Paul Schiff Berman, and David G. Post
This law school casebook starts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which broader issues can be re-examined. The book goes beyond simply plugging Internet-related cases into a series of pre-existing categories, instead emphasizing conceptual debates that cut across the areas of doctrine touched by cyberspace. It also uses the rise of the Internet to encourage readers to reconsider various assumptions in traditional legal doctrine, providing training in Internet-related legal issues while making the argument that cyberlaw is a coherent and useful field of study.
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Konflikt Der Rechtskulturen? Die USA und Deutschland Im Vergleich
Donald P. Kommers
Book Chapter
Donald P. Kommers, The Grundgesetz: An American Perspective, in Konflikt Der Rechtskulturen? Die USA Und Deutschland Im Vergleich 37 (Knud Krakow & Franz Streng eds., 2003)
The volume's contributions look at the legal system of the United States of America as part of the overall national culture, compare it with the corresponding German ideas, and analyze it in a number of key aspects. The respective basic issue is, above all, the respective weighting of freedom and equality, as well as the resulting constitutional orders. Other issues include the relationship between national, international and global law; the impact of racial and gender prejudice on case law, especially in the case of the death penalty; juvenile justice and the consequences of a zero tolerance policy; the right to damages and the relationship between law, the media and the public.
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Gleichheit und Nichtdiskriminierung im nationalen und internationalen Menschenrechtsschutz
Donald P. Kommers and Stephanie E. Niehaus
Book Chapter
Donald P. Kommers & Stephanie E. Niehaus, An Introduction to American Equal Protection Law, in Gleichheit und Nichtdiskriminierung im nationalen und internationalen Menschenrechtsschutz 25 (Rüdiger Wolfrum ed., 2003)
The book compares the application of the principle of equality and the prohibition of discrimination in selected national legal systems (US, France, Germany, Israel, South Africa) and international human rights protection (EC / EU, ECHR, Inter-American human rights protection, African human rights protection, human rights protection within the framework of the UN, Racial discrimination, minority protection). It also includes contributions to cross-cutting issues (the relationship between equality and non-discrimination, the importance of the principle of equal treatment for the constitutional review of laws, the universality of human rights). In doing so, particular problems in the application of the law will be presented - mainly by practitioners dealing with the questions - and current developments in their solution will be shown.
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