Author: Thomas H. Cox
Publisher: Ohio University Press
Release Date: 2009-08-25
Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.
Author: Allan A. Ryan
Release Date: 2015-11-06
The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and "enemy combatants" at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution's separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.
Author: Bruce E. Altschuler
Release Date: 2016-01-08
Genre: Social Science
To most Americans, the law-especially noncriminal law-is a mystery that only someone with a law degree can solve. Understanding Law in a Changing Society renders the complexity of law at a level that everyone can understand. The book walks readers through the structure of the legal system, different divisions of civil law, and the core concepts and distinctions that underlie contemporary legal thought. It also provides insight into the way law and social change affect one another. With this revised and updated third edition, the authors have incorporated an updated preface and a new introduction; outlined a "How to Brief a Case" section; included new case studies, readings, and "You be the Judge" features for selected chapters; and for the first time added a glossary of legal terms and key websites to the book. Important developments in judicial selection, the state secrets doctrine, and family law (including same sex marriage, child custody, and unwed fathers' rights) are highlighted.
Author: Geoff Martz
Publisher: The Princeton Review
Release Date: 2005-01-01
Genre: Study Aids
This study guide includes The Princeton Review Assessment, a full-length diagnostic exam that will predict test takers' approximate scores on both the ACT and the SAT. Four full-length simulated ACT tests are included on CD-ROM.
Author: Jean Edward Smith
Publisher: Henry Holt and Company
Release Date: 2014-03-10
Genre: Biography & Autobiography
A New York Times Notable Book of 1996 It was in tolling the death of Supreme Court Chief Justice John Marshall in 1835 that the Liberty Bell cracked, never to ring again. An apt symbol of the man who shaped both court and country, whose life "reads like an early history of the United States," as the Wall Street Journal noted, adding: Jean Edward Smith "does an excellent job of recounting the details of Marshall's life without missing the dramatic sweep of the history it encompassed."
Author: Charles F. Hobson
Release Date: 1996
Genre: Biography & Autobiography
"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: John R. Vile
Publisher: Rowman & Littlefield
Release Date: 2018-03-12
The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 17th edition has been updated with 20 new cases, including landmark decisions on such topics as campaign finance, Obamacare, gay marriage, the First Amendment, search and seizure, among others. Updated through the end of the 2017 Supreme Court session, this book remains an indispensable resource for undergraduate and law school students, lawyers, and everyone interested in our nation’s laws and Constitution.
Author: R. Kent Newmyer
Publisher: LSU Press
Release Date: 2007-04-01
John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
For a city like no other comes a book like no other. The New York Chronology tells the epic story of how a remote trading outpost and fishing village grew into the "world's capital" as we know it today. In tens of thousands of chronological entries, James Trager marches year by year through both the defining and incidental moments in the city's history, from the arrival of Florentine navigator Giovanni da Verrazano in 1524 to the sad closing of Ratner's Delicatessen on the Lower East Side "after 97 years of serving blintzes, kasha, latkes, and matzoh brei." With impeccable scholarship, humor, and an astonishing level of detail, Trager's information-packed entries straddle 32 separate categories that define this great metropolis. Turn to any year and you'll get a vivid sense of what life was like for New Yorkers at that time -- the political and financial developments that shaped their lives; the books, magazines, and newspapers they read; the restaurants, nightclubs, shows, and sporting events that entertained them; the fitful progress of their neighborhoods, schools, hospitals, public works, transportation systems, and so much more. Of course, New Yorkers themselves hold center stage, and The New York Chronology is loaded with eye-opening and colorful stories about its famous, infamous, and long-forgotten inhabitants. From society events and publicity stunts to scandals and murders, here are scores of offbeat tidbits that you simply won't find in a more conventional history. Handsomely illustrated with more than 130 photographs and drawings, it is an entertainingand essential book for New York lovers -- a homage as grand as the city itself.
Author: Constance E. Bagley
Publisher: Cengage Learning
Release Date: 2018-01-01
Genre: Business & Economics
With new cases and examples from headlines, MANAGERS AND THE LEGAL ENVIRONMENT: STRATEGIES FOR BUSINESS, 9E equips readers with the legal knowledge and risk management techniques for success as a business manager. Cutting-edge coverage and a strategic approach teach how to enhance realizable value, redeploy resources, and manage legal and business risk. Up-to-date coverage addresses the rights of workers at firms, like Uber, in the gig economy; the right of employers to restrict employees’ social media; ethics of compensating workers who are tipped; law to protect children’s safety on the Internet; Fourth Amendment concerns in searches of cell location; rules governing crowdfunding; and the ramifications of the EU’s “right to be forgotten.” Readers learn to use legal tools to create value, attain business objectives, resolve legal issues, and handle legal disputes. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.