Constitutional Law


Book Description

This innovative casebook takes constitutional law beyond the realm of academic theory and enables students to approach the topic as practicing attorneys as well as legal thinkers. The classic cases are presented, but instructors also are given the opportunity to use practice problems, in-depth case studies, and non-case materials to explore the richness of constitutional decision making as it actually occurs in today's world. An array of "the constitution outside the courts" materials are provided, such as opinions from the Office of Legal Counsel, Congressional debates about judicial selection, and political science scholarship about judicial decision making. A full teacher's manual with electronic teaching notes is included, as are suggested syllabi for teaching the material as either a single comprehensive course or in a two-course package separating federalism and structural issues from civil rights and liberties.




Public Service, Ethics, and Constitutional Practice


Book Description

For civil servants who take an oath to uphold the Constitution, that document is the supreme symbol of political morality. Constitutional issues are addressed by civil servants every day, whenever a policeman arrests a suspect or members of different branches of government meet. But how well do these individuals really understand the Constitution's application in their jobs? This book encourages civil servants to reflect on specific constitutional principles and events and learn to apply them to the decisions they make. Twenty seminal articles by a preeminent scholar seek to legitimate public service by grounding its ethics in constitutional practice. John Rohr stresses that ethical practice demands an immersion in the specifics of our constitutional tradition, and he offers a guide to attaining a greater sense of those constitutional principles that can be translated into action. Along the way he considers such timely issues as financial disclosure, the treatment of civil servants as second-class citizens, and instances of civil servants caught between executive and legislative forces. Rohr's opening essays demonstrate that responsible use of administrative discretion is the key issue for career civil servants. Subsequent sections examine approaches to training civil servants using constitutional principles; character formation resulting from study of the constitutional tradition; and the ethical choices that are sometimes posed by separation of powers. A final group of chapters shows how a study of other countries' constitutional traditions can deepen an understanding of our own, while a closing essay looks at past issues and future prospects in administrative ethics from the perspective of Rohr's long involvement in the field. Throughout this insightful collection, Rohr seeks to remind public servants of the nobility of their calling, reinforce their role in articulating public interests against the excesses of private concerns, and encourage managers to make greater use of constitutional language to describe their everyday activities. Although his work focuses on the federal career civil servant, it also offers valuable lessons applicable to state and local civil servants, elected officials, judges, military personnel, and those employed in the nonprofit sector.







Land Use and the Constitution


Book Description

This practical handbook explains eight constitutional principles and applies them to real-world planning situations. These statements of principles reflect consensus opinions, but the book also discusses points of dissent. It includes detailed summaries of more than fifty U.S. Supreme Court cases affecting land-use planning, along with a comprehensive table of contents, a cross-referenced index, three matricies that relate sections of the book to one another, and a summary of constitutional principles that relates them to land-use planning techniques. All of these features make it easy to locate key constitutional principles quickly. This book is the result of a 1987 symposium that brought together two dozen leading practitioners and scholars in the fields of planning and law.




Constitutional Interpretation in Singapore


Book Description

At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Responding to Imperfection


Book Description

An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.




The Madisonian Constitution


Book Description

Publisher Description




Justice in Plainclothes


Book Description

In this important book, Lawrence Sager, a leading constitutional theorist, offers a lucid understanding and compelling defense of American constitutional practice. Sager treats judges as active partners in the enterprise of securing the fundamentals of political justice, and sees the process of constitutional adjudication as a promising and distinctly democratic addition to that enterprise. But his embrace of the constitutional judiciary is not unqualified. Judges in Sager’s view should and do stop short of enforcing the whole of the Constitution; and the Supreme Court should welcome rather than condemn the efforts of Congress to pick up the slack. Among the surprising fruits of this justice-seeking account of American constitutional practice are a persuasive case for the constitutional right to secure a materially decent life and sympathy for the obduracy of the Constitution to amendment. No book can end debate in this conceptually tumultuous area; but Justice in Plainclothes is likely to help shape the ongoing debate for years to come.




From Parchment to Practice


Book Description

Asks how the 'parchment' promises of a written constitution are translated into political practice, working through the many problems of constitutional implementation after adoption.