constitutional law and american democracy cases and readings aspen college

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Constitutional Law And American Democracy

Author : Corey Brettschneider
ISBN : 0735579822
Genre : Law
File Size : 30. 8 MB
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In what promises to become a foundational undergraduate and law school text, Constitutional Law and American Democracy: Cases and Readings goes beyond parsing cases, providing ample

Governmental Powers

Author : Corey L. Brettschneider
ISBN : 9781454819226
Genre : Law
File Size : 81. 24 MB
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Governmental Powers: Cases and Readings in Constitutional Law and American Democracy, written by prominent scholar and professor of constitutional law and political theory, Corey Brettschneider, explores the division, enumeration, and roles of the governmental powers established under the U.S. Constitution and the controversies arising from that system in the context of a changing American society. Like its parent volume, Constitutional Law and American Democracy, this text offers a wealth of highly focused case excerpts and interdisciplinary readings dealing with today s most salient debates. These carefully selected readings and cases focus on high-interest topics, including the nature and justification of judicial review, federalism, and separation of powers, and work together to create a nuanced view of key political and constitutional issues. Grounded in precedent, constitutional theory, and history, this bold work explores urgent issues of current debate and controversy making Governmental Powers fun to read and to teach. The clear, well-reasoned writing frequently challenges and always engages. A dynamic book drawing on a wealth of sources, Governmental Powers: Cases and Readings in Constitutional Law and American Democracy, features: An organization linking the history of the Constitution, constitutional law, and the structure of the federal government to contemporary issues and controversies A wealth of primary sources, including case excerpts, concurring and dissenting opinions, law journal and interdisciplinary articles, and published letters A new chapter on the nature and implications of the Supreme Court s 2012 decision regarding the Patient Protection and Affordable Health Care Act A focused selection of cases conveying a nuanced perspective on the Constitution and the political and constitutional disputes that have shaped its meaning Exposure to legal argumentation through astutely selected and edited readings from noted scholars and theorists Coverage spanning the history and development of constitutional law up to the present day, with ample background for considering the big-picture questions of constitutional doctrine and the Supreme Court s role A stimulating balance of foundational and cutting-edge topical coverage that doesn t sidestep provocative or controversial subject matter Overviews in each chapter introducing the constitutional arguments, chapter readings, and cases Discussion questions promoting comprehension, analysis, and classroom discourse Teachers of constitutional law have long awaited a text like this. Brettschneider blends the most important pertinent statements of political and legal theory with skillful excerpts from the major constitutional cases on governmental powers, civil rights, and civil liberties. Brettschneider s insightful commentaries make the text all the richer. Rogers M. Smith, Christopher H. Browne Distinguished Professor of Political Science, University of Pennsylvania

Civil Rights And Liberties

Author : Corey L. Brettschneider
ISBN : 9781454819240
Genre : Law
File Size : 74. 59 MB
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An engaging conceptualizing chapter opens Civil Rights and Liberties: Cases and Readings in Constitutional Law and American Democracy, introducing civil liberties within their constitutional framework, illuminating their nature and sources through enlightening Supreme Court deliberations that show the underlying debates about constitutional interpretation. A distinctive approach to themes and principles encourages students to develop their own views on civil liberties in general and on the specific controversies such as abortion, gay rights, and hate speech. Extensive, intriguing excerpts from a highly focused set of cases and other readings from contemporary theory highlight conflicting opinions among the justices. They provide depth of understanding of the Constitution and of the disputes that have shaped its meaning, including the basis and nature of judicial authority. The text's thematic organization reveals the structural and normative features of the Constitution and constitutional law by linking them to contemporary issues and controversies. Key historical elements lend context and depth. A logical chapter structure offers probing overviews of the topics, constitutional arguments, and chapter readings followed by a broad range of theoretical and historical writings leading up to the cases. This multidimensional perspective draws on a wide array of resources such as case excerpts, concurring and dissenting opinions, law journal and articles, general publications, published letters, and other documents. Probing case comprehension, discussion, and synthesis questions punctuate and reinforce content. Features: an engaging conceptualizing opening chapter introduces civil liberties within constitutional framework illuminates their nature and sources through enlightening Supreme Court disputes shows underlying debates about constitutional interpretation a distinctive approach to themes and principles encourages students to develop their own views on civil liberties engages students in specific controversies--abortion, gay rights, and hate speech, etc. intriguing excerpts from a highly focused set of cases and other readings highlight disputes among the justices provide depth of understanding of the Constitution and interpretive disputes explore the basis and nature of judicial authority thematic organization shows structural and normative features of the Constitution and constitutional law links the Constitution to contemporary issues and controversies provides key historical elements for context logical chapter structure author's overviews of topics, constitutional arguments, and chapter readings a broad range of theoretical and historical writings key cases a multidimensional perspective draws on a wide array of resources case excerpts concurring and dissenting opinions law journal articles general publications published letters and other documents probing case comprehension, discussion, and synthesis questions reinforce content

Cosmic Constitutional Theory

Author : J. Harvie Wilkinson
ISBN : 9780199846016
Genre : Law
File Size : 24. 60 MB
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What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.

Constitutional Law

Author : Russell L. Weaver
ISBN : 9781454887324
Genre : Law
File Size : 32. 45 MB
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Constitutional Law: Cases, Materials, and Problems, Fourth Edition uses a thought-provoking problem approach that encourages students to delve deeper into constitutional doctrine and gives them an accessible and interesting way to learn constitutional issues. Problems at the beginning of each chapter are referenced throughout the text for continuity. Principal constitutional law cases are edited as lightly as possible to allow the Supreme Court to speak for itself, and shorter notes accompany the problems.

Law Pragmatism And Democracy

Author : Richard A. Posner
ISBN : 0674042298
Genre : Law
File Size : 79. 55 MB
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Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense.

Foreign Relations Law

Author : Curtis A. Bradley
ISBN : 9781454888703
Genre : Law
File Size : 35. 61 MB
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A leading casebook on foreign relations law, authored by two widely cited and experienced scholars, Foreign Relations Law: Cases and Materials, Sixth Edition examines the law that regulates the conduct of contemporary U.S. foreign relations. It offers a compelling mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background.

Constitutional Law

Author : Martin Levy
ISBN : 1454881461
Genre : Law
File Size : 38. 91 MB
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Constitutional Law: Cases and Materials, Second Edition is 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�--as befitting a law school--particular emphasis on the Federal and Supreme Courts. Also, as befitting our law school's namesake, Thurgood Marshall, emphasis in regard to Individual Rights 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: given their importance, it is assumed that they will be covered in separate course offerings, as is now most often the case. A word in regard into coverage in this volume that is unique and/or meaningful in regard to our approach to the subject matter, is also fitting. We feel there are significant and meaningful differences in this work. Structuring 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 has been a traditional challenge in Constitutional Law Casebooks. To facilitate understanding we commence the course so as to confront the interplay between these issues. Thus, this work begins with a "mini course" in Supreme Court decision making. Here, we unabashedly use the controversy generated by the "privacy and abortion cases" to show how actual case law is effected 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. Our purpose is to allow the student to understand how the substantive contemporary controversies in the subject matter affect how the Court applies the judicial power. We feel this is an excellent means to prepare 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. We also feel that allowing the students exposure to some of the classic articles dealing with these issues will also benefit their understanding of the subject matter. Our experience in commencing with a "mini course" in constitutional decision making, as a pre-requisite to covering substantive case law, has been quite positive. We feel this work is also distinguishable and attractive where a desire to emphasize civil rights and the Fourteenth Amendment is present. Here, as one might expect from Faculty of the Thurgood Marshall School of Law, there is more extensive coverage of slavery, segregation, and civil rights, with a very "realist view" of the role the Supreme Court has played from slavery to present. Thus, we emphasize Fourteenth Amendment Rights and their enforcement. Faculty who share our interests and concerns we feel will well benefit from selection of the work, and we welcome any questions in this regard. Martin Levy Craig Jackson

History Of The Common Law

Author : John H. Langbein
ISBN : STANFORD:36105134454110
Genre : Law
File Size : 28. 63 MB
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This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs. Two great themes dominate the book: (1) the origins, development, and pervasive influence of the jury system and judge/jury relations across eight centuries of Anglo-American civil and criminal justice; and (2) the law/equity division, from the emergence of the Court of Chancery in the fourteenth century down through equity's conquest of common law in the Federal Rules of Civil Procedure. The chapters on criminal justice explore the history of pretrial investigation, policing, trial, and sentencing, as well as the movement in modern times to nonjury resolution through plea bargaining. Considerable attention is devoted to distinctively American developments, such as the elective bench, and the influence of race relations on the law of criminal procedure. Other major subjects of this book include the development of the legal profession, from the serjeants, barristers, and attorneys of medieval times down to the transnational megafirms of twenty-first century practice; the literature of the law, especially law reports and treatises, from the Year Books and Bracton down to the American state reports and today's electronic services; and legal education, from the founding of the Inns of Court to the emergence and growth of university law schools in the United States. History of the Common Law offers: dynamic teaching materials that include primary sources, scholarship, summaries, notes, and questions judiciously selected and edited sources over 250 illustrations--many in full color "Living Law "units that connect legal-historical developments to modern law an illustrated timeline that highlights key dates a comprehensive Teacher's Manual, with suggestions for using the book in a two- or three-credit course Vivid writing, engaging source materials, and lavish illustrations breathe life into nearly 1,000 years of Anglo-American legal history. Concise summaries, manageable extracts, clear organization, and a detailed Teacher's Manual consistently support your teaching. *Teacher's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or [email protected]

The American Presidency

Author : Irwin L. Morris
ISBN : 9781139491624
Genre : Political Science
File Size : 57. 7 MB
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Presidential scholars increasingly turn to science to address the fundamental issues in the field, but undergraduates are rarely taught the skills to do the same. The American Presidency introduces students to new insights produced by the scientific study of the presidency and the scientific endeavor itself. After chapters on the scientific study of the presidency and background information on the presidency, the text discusses prominent theories of presidential power. Chapters on presidential elections, the president's relationship with other political actors (such as Congress and the Supreme Court), the president's role in foreign and economic policy, and presidential greatness include guided research exercises that provide students with the opportunity to apply the scientific method to empirical questions with significant theoretical content. The American Presidency provides students with the opportunity to learn about the presidency and enables them to draw their own reasoned conclusions about the nature of presidential power.

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