Cases Without Controversies


Book Description

This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction. Said to rest on the so-called "case-or-controversy" requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power.




Cases Without Controversies


Book Description

As it interprets the U.S. Constitution, the Supreme Court defines the rights of individuals and referees disputes between the branches of government. For many years, the Court has limited access to those claimants who satisfy a shifting and sometimes amorphous case-or-controversy requirement. Drawing on historical practice to clarify the meaning of the constitutional terms in question, this book calls upon the Court to offer broader access to federal court and greater deference to congressional choices.




The Case for Contention


Book Description

From the fights about the teaching of evolution to the details of sex education, it may seem like American schools are hotbeds of controversy. But as Jonathan Zimmerman and Emily Robertson show in this insightful book, it is precisely because such topics are so inflammatory outside school walls that they are so commonly avoided within them. And this, they argue, is a tremendous disservice to our students. Armed with a detailed history of the development of American educational policy and norms and a clear philosophical analysis of the value of contention in public discourse, they show that one of the best things American schools should do is face controversial topics dead on, right in their classrooms. Zimmerman and Robertson highlight an aspect of American politics that we know all too well: We are terrible at having informed, reasonable debates. We opt instead to hurl insults and accusations at one another or, worse, sit in silence and privately ridicule the other side. Wouldn’t an educational system that focuses on how to have such debates in civil and mutually respectful ways improve our public culture and help us overcome the political impasses that plague us today? To realize such a system, the authors argue that we need to not only better prepare our educators for the teaching of hot-button issues, but also provide them the professional autonomy and legal protection to do so. And we need to know exactly what constitutes a controversy, which is itself a controversial issue. The existence of climate change, for instance, should not be subject to discussion in schools: scientists overwhelmingly agree that it exists. How we prioritize it against other needs, such as economic growth, however—that is worth a debate. With clarity and common-sense wisdom, Zimmerman and Robertson show that our squeamishness over controversy in the classroom has left our students woefully underserved as future citizens. But they also show that we can fix it: if we all just agree to disagree, in an atmosphere of mutual respect.




Criminal Law


Book Description

Students today expect learning to be both efficient and interesting. They use online materials and study aids to supplement class-assigned materials and to "hack" the law. This textbook cuts out the middle person by integrating challenging principal cases that are aggressively edited into an engaging overview of the black letter law. The explanatory sections describe the law through lively language and colorful examples that students can readily grasp and remember. Providing students with a clear doctrinal overview permits the selection of cases that drill down deeper into fundamental or cutting-edge issues. Many of the principal cases put the old wine of the criminal law into new bottles that students will find meaningful and interesting. In addition to homicide, rape, assault, traditional property crimes and drug offenses, the cases selected include environmental and white collar crime, obstruction of justice, criminal copyright infringement, hate crimes, sex trafficking, online threats, revenge porn and computer crimes. Short discussion questions follow each case that stimulate understanding of the holding and the deeper issues at stake. Additional materials raise important critical perspectives dealing with issues of race, class and gender. Practice problems and links to online video clips allow students to apply what they are learning, and the appendix contains numerous materials for engaging lawyering exercises.




Abortion Law in Transnational Perspective


Book Description

It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.




The Oxford Guide to United States Supreme Court Decisions


Book Description

In Democracy in America, De Tocqueville observed that there is hardly a political question in the United States which does not sooner or later turn into a judicial one. Two hundred years of American history have certainly borne out the truth of this remark. Whether a controversy is political,economic, or social, whether it focuses on child labor, slavery, prayer in public schools, war powers, busing, abortion, business monopolies, or capital punishment, eventually the battle is taken to court. And the ultimate venue for these vital struggles is the Supreme Court. Indeed, the SupremeCourt is a prism through which the entire life of our nation is magnified and illuminated, and through which we have defined ourselves as a people. Now, in The Oxford Companion to the Supreme Court of the United States, readers have a rich source of information about one of the central institutions of American life. Everything one would want to know about the Supreme Court is here, in more than a thousand alphabetically arranged entries.There are biographies of every justice who ever sat on the Supreme Court (with pictures of each) as well as entries on rejected nominees and prominent judges (such as Learned Hand), on presidents who had an important impact on--or conflict with--the Court (including Thomas Jefferson, AbrahamLincoln, and Franklin Delano Roosevelt), and on other influential figures (from Alexander Hamilton to Cass Gilbert, the architect of the Supreme Court Building). More than four hundred entries examine every major case that the court has decided, from Marbury v. Madison (which established the Court'spower to declare federal laws unconstitutional) and Scott v. Sandford (the Dred Scott Case) to Brown v. Board of Education and Roe v. Wade. In addition, there are extended essays on the major issues that have confronted the Court (from slavery to national security, capital punishment to religion,from affirmative action to the Vietnam War), entries on judicial matters and legal terms (ranging from judicial review and separation of powers to amicus brief and habeas corpus), articles on all Amendments to the Constitution, and an extensive, four-part history of the Court. And as in all OxfordCompanions, the contributors combine scholarship with engaging insight, giving us a sense of the personality and the inner workings of the Court. They examine everything from the wanderings of the Supreme Court (the first session was held on the second floor of the Royal Exchange Building in NewYork City, and the Court at times has met in a Congressional committee room, a tavern, a rented house, and finally, in 1935, its own building), to the Jackson-Black Feud and the clouded resignation of Abe Fortas, to the Supreme Court's press room and the paintings and sculptures adorning the SupremeCourt building. The decisions of the Supreme Court have touched--and will continue to influence--every corner of American society. A comprehensive, authoritative guide to the Supreme Court, this volume is an essential reference source for everyone interested in the workings of this vital institution and inthe multitude of issues it has confronted over the course of its history.




Criminal Law


Book Description

In his student treatise, noted authority Paul Robinson uses the Model Penal Code, realistic hypotheticals, and lucid explanations to describe the existing rules of American criminal law. (In fact, professors consistantly remark on how well written and clear Robinson's text is.) He explains the reasoning behind those rules, The interrelation among them, and their application. Robinson gives the MPC's position on each topic, along with the most common deviations from it. Rather than viewing each rule in isolation, he examines each part of criminal law as a piece of a machine for determining criminal liability. The six parts of the book define those interrelationships: Introduction General Principles in the Definition of Offenses Principles of Imputation General Defenses Inchoate Liability Specific Offenses Since lawyers who know the reasoning of the drafters have a powerful advantage in arguing for a particular interpretation of a code provision, Robinson points students to important bibliographic sources at the end of each section. Each chapter starts with a hypothetical based on a real case. Throughout the chapter, Robinson refers back To The hypothetical, using it as a vehicle to analyze and clarify abstract concepts. Numerous footnotes, case references, and bibliographies make this text a lasting research tool. For a meaningful exploration of this fascinating area of study, you can depend on Paul Robinson's Criminal Law . Be sure to recommend this vital work to your next criminal law class.




Controversies in Innocence Cases in America


Book Description

This volume brings together leading experts on the investigation, litigation and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors consider the challenges faced by the exoneration movement, causes of wrongful convictions, problems associated with investigating, proving, and defining ‘innocence’, and theories of reform. These issues are investigated from a multi-disciplinary perspective and with the aim of improving the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.




Contemporary Criminal Law


Book Description

This is a comprehensive, introductory criminal law textbook that expands upon traditional concepts and cases by coverage of the most contemporary topics and issues. Contemporary material, including terrorism, computer crimes, and hate crimes, serves to illuminate the ever-evolving relationship between criminal law, society and the criminal justice system's role in balancing competing interests. The case method is used throughout the book as an effective and creative learning tool.Features include:" vignettes, core concepts, 'Cases and Concepts', 'You Decides, excerpts from state statutes, 'legal equations' and Crime in the News boxes" fully developed end-of-chapter pedagogy includes review questions, legal terminology and 'Criminal Law on the Web' resources" instructor resources (including PowerPoint slides, a computerized testbank and classroom activities) and a Student Study Site accompany this text




Democracy and Equality


Book Description

From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.