Author: Christopher N. May
Publisher: Aspen Publishers Online
Release Date: 2007
Part of a two-volume set, CONSTITUTIONAL LAW: National Power and Federalism continues to be a favorite with its tried-and-true E&E pedagogy. It is a problem-oriented guide designed and organized to complement major Constitutional Law casebooks. It takes students through the principal doctrines of constitutional law covered in a typical course, focusing on the powers of the federal courts, Congress, and the President; and examines the doctrines of separation of power and federalism, as well as some of the limitations that the Constitution imposes on state powers. This edition retains the great features that have always made it a dependable source for students. the text is: straightforward in nature, though not overly simplistic presented in a format that is unique and time-tested. Its E&E pedagogy combines textual material with well-written and comprehensive examples, explanations, and questions to test students comprehension of the material and provide practice in applying legal principles to fact patterns. the questions, which develop a variety of issues in one fact situation, are similar to those on a law school or bar examination a problem-oriented guide that takes students through the principal doctrines of constitutional law that are covered in a typical course designed to make students think, with depth and perception, about the larger issues of constitutional law part of a two-volume set that includes a corresponding treatment of Individual Rights. Together, these volumes present a foundation in the doctrines and methods of constitutional law and constitutional argument organized in easily digestible sections. It explains legal concepts and principles, followed by examples and analysis that illustrate how to apply these concepts and principles in hypothetical situations strong in authorship, as the authors have more than 50 years of combined experience in the area of constitutional law The Fourth Edition also includes an abundance of updated & timely information, including: approximately forty new Supreme Court cases decided during the 2003-04, 2004-05, and 2005-06 terms, as well as a number of significant lower federal court decisions. Some of the more noteworthy cases are: - DaimlerChrysler Corp. v. Cuno (taxpayer standing); - Elk Grove Unified School District v. Newdow (parental standing); - Kowalski v. Tesmer (attorney standing); - Gonzales v. Raich (governments use of the commerce power to regulate medicinal use of homegrown marijuana); - Tennessee v. Lane (congressional abrogation of state sovereign immunity); - Sanchez-Llamas v. Oregon (binding effect of World Court treaty interpretations on U.S. Supreme Court); - Hamdan v. Rumsfeld (judicial review of presidential war powers during wartime); - Evans v. Stephens (Presidents appointment of federal judges without consent of Senate); and - Bach v. Pataki (state discrimination against nonresidents with respect to ability to carry handguns). refreshed and updated examples and explanations to put the material in context for your students
Author: Christopher N. May
Publisher: Aspen Publishers
Release Date: 2019-01-11
Examples & Explanations: Constitutional Law: National Power and Federalism features straightforward, informal text that is never simplistic. Its unique, time-tested Examples & Explanations pedagogy combines textual material with well-written and comprehensive examples, explanations, and questions. A problem-oriented guide, it takes students through the principal doctrines of constitutional law covered in a typical course. The unique, time-tested Examples & Explanations series is invaluable for students learning the subject from the first day of class until the last review before the final exam. Each guide: Presents relevant case law in a conversational style laced with humor Provides hypotheticals similar to those presented in class Helps students learn new material by working through chapters that explain each topic in simple language Provides valuable opportunity to study for the final exam by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis Works with all the major casebooks and suits any class on a given topic Remains a favorite among law school students and is often recommended by professors New to the Eighth Edition: Updated examples and explanations Roughly 25 important new decisions from the Supreme Court’s 2016, 2017, and 2018 terms such as Trump v. Hawaii; South Dakota v. Wayfair, Inc.; Sessions v. Morales-Santana; Minnesota Voters Alliance v. Mansky; Murphy v. NCAA; Patchak v. Zinke; Trinity Lutheran Church of Columbia, Inc. v. Comer
Author: Christopher N. May
Publisher: Wolters Kluwer Law & Business
Release Date: 2016-01-12
A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. Constitutional Law: National Power and Federalism features straightforward, informal text that is never simplistic. Its unique, time-tested Examples & Explanations pedagogy combines textual material with well-written and comprehensive examples, explanations, and questions. A problem-oriented guide, it takes students through the principal doctrines of constitutional law covered in a typical course. Key Features: Updated examples and explanations Incorporates roughly 50 important new decisions from the Supreme Court’s October 2009, 2010, and 2011 terms Bond v. United States ; Arizona Christian School Tuition Organization v. Winn; Camreta v. Greene; Ashcroft v. al-Kidd Authors have 60 years of combined experience teaching Constitutional Law
Author: Allan Ides
Publisher: Aspen Law & Business
Release Date: 2004-01-01
Constitutional Law: Individual Rights, Third Edition, continues to offer complete coverage as part of a two-volume study-guide set. This book and its companion - National Power and Federalism - provide a solid and comprehensive foundation in the doctrines and methods of constitutional law. Individual Rights begins with an historical overview and then addresses threshold doctrines such as in corporation, state action, and congressional enforcement. the volume then proceeds to examine the basic protections afforded by substantive and procedural due process, the takings and contracts clauses, equal protection, freedom of speech, freedom of the press, and freedom of religion. This study guide: Explains legal concepts and principles in hands-on sections, accompanied by examples and analysis that illustrate how to apply these concepts and principles in hypothetical situations. Motivates students to think about the larger issues of constitutional law with depth and perception. Is organized to parallel the major constitutional law casebooks. New material in this Third Edition includes a discussion of all major Supreme court decisions through the end of the 2002-2003 term, including: Bush v. Gore (justiciability and equal protection). Palazzolo v. Rhode island (regulatory takings). Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (takings and just compensation). Lawrence v. Texas (regulating sexual conduct). Eldred v. Ashcroft (congressional power under the Copyright Clause). United States v. American Library Association (Internet censorship and the Spending Clause). Grutter v. Bollinger and Gratz v. Bollinger (constitutionality of University of Michigan affirmative action programs). Other new decisions on state action, state sovereign immunity, procedural due process, access to the courts, viewpoint discrimination and commercial speech. For our complete constitutional law teaching package, also review May and Ides' newly revised Constitutional Law: National Power and Federalism Examples & Explanations, 3E.
This paperback treatise from renowned legal scholar Erwin Chemerinsky provides the clearest possible introduction to constitutional law and its underlying policies. Taking a neutral stance in explaining constitutional law doctrine, Professor Chemerinsky presents a variety of perspectives. He examines specific topics and ties them to the broader themes of separation of powers, federalism, and individual liberties. Chemerinsky's lucid and direct writing style makes these difficult concepts easier for students to understand. CONSTITUTIONAL LAW: Principles and Policies covers all major areas of study in the typical two-course sequence. the text proceeds logically from an introduction that integrates historical background with contemporary themes to: powers of the federal government limits on state regulatory power protection of individual liberties and civil rights procedural due process protection of economic liberties equal protection protection of expression and religion With the clarity and insight he displays in his popular student treatise on federal jurisdiction, Chemerinsky captures student interest in this intelligent and nuanced introduction to constitutional law. His extremely well written book may easily be used in segments or sections without redundancy or confusion. Also available for your Constitutional Law class: Constitutional Law: National Power and Federalism: Examples & Explanations Constitutional Law: Individual Rights: Examples & Explanations
Author: David J. Bodenhamer
Publisher: Oxford University Press
Release Date: 2012-02-01
The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.
Author: Anthony Blackshield
Release Date: 2010
This new 5th edition has been thoroughly rewritten. Each chapter has been looked at again from beginning to end by both authors, with fresh choices made for extracts to bring the book up to date for new materials and scholarship. The commentary has also been rewritten to provide clearer explanation of concepts and case outcomes. Room has been made for major new developments by focusing in more tightly on the key constitutional issues. Major cases added since the last edition include: Attorney-General (Cth) v Alinta Ltd; Bennett v Commonwealth; Betfair Pty Ltd v Western Australia; Clarke v Commissioner of Taxation; Forge v Australian Securities and Investments Commission; Gypsy Jokers Motorcycle Club Inc v Commissioner of Police; International Finance Trust Company Limited v New South Wales Crime Commisson; ICM Agriculture Pty Ltd v Commonwealth; K-Generation Pty Ltd v Liquor Licensing Court; Lane v Morrison; Pape v Commissioner of Taxation; R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2); Roach v Electoral Commissioner; Sweedman v Transport Accident Commission; Telstra Corporation Ltd v Commonwealth; Thomas v Mowbray; White v Director of Military Prosecutions; the Work Choices Case; Wurridjal v Commonwealth and XYZ v Commonwealth. As this list indicates, the 5th edition includes the groundbreaking 2009 decision in Pape, as well as the other key decisions of this year such as Clarke, K-Generation, Lane, Wurridjal, International Finance Trust and ICM Agriculture. Significant changes in the new edition include: A rewritten first chapter to provide a more accessible introduction to the subject A rewritten and restructured chapter on characterisation to make this difficult area more accessible and to produce a more logical flow of concepts and material The separation out of the material on the trade and commerce power into a new chapter on the economic powersMajor changes in the chapter on Indigenous peoples, such as to reflect the United Nations Declaration on the Rights of Indigenous Peoples and the Apology to Australia's Indigenous Peoples Changes to reflect legislative amendment in areas like citizenship law Rewritten material on federalism, especially in regard to fiscal federalism due to the Intergovernmental Agreement on Federal Financial Relations in force from 1 January 2009 New material on the defence power as it relates to terrorism and national security New material on the Executive, such as in regard to the Crown and the nationhood powerThe division of the material on the separation of judicial power into three chapters (Separation of Judicial Power; Judicial and Non-Judicial Detention and The Judicial Process)Revision of the material on human rights, to reflect the national charter of rights debate and the enactment of the Victorian Charter of Human Rights and Responsibilities
Author: Geoffrey R. Stone
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-12-21
Adhering to the multi-disciplinary and scholarly approach of its predecessors, the eighth edition of Constitutional Law guides students through all facets of constitutional law. Constitutional Law explores traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. This comprehensive approach paired with carefully edited cases provides instructors with rich material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism while the second part addresses all facets of individual rights and liberties. Constitutional Law also provides thoughtfully selected content on the First Amendment to give students a well-rounded understanding of religion and free speech issues. Key Features: The text’s attention to policy, including discussion of competing critical and social perspectives. A multi-disciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly-edited cases that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence.
The largest figures of any statue in the world are located in the tribute to four great American Presidents known as Mount Rushmore National Memorial. The head of Washington is about 60 feet (18 m) high--to the scale of a person 465 feet (142 m) tall! From Doane Robinson's dream of a South Dakota monument to Western heroes to Gutzon Borglum's eternal tribute to a nation dedicated to democracy, the story of Mount Rushmore is a fascinating study in history, politics, personalities and perseverance.
Author: Michael Burgess
Release Date: 2002-09-11
Genre: Political Science
A revisionist interpretation of the post-war evolution of European integration and the European Union (EU), this book reappraises and reassesses conventional explanations of European integration. It adopts a federalist approach which supplements state-based arguments with federal political ideas, influences and strategies. By exploring the philosophical and historical origins of federal ideas and tracing their influence throughout the whole of the EU's evolution, the book makes a significant contribution to the scholarly debate about the nature and development of the EU. The book looks at federal ideas stretching back to the sixteenth century and demonstrates their fundamental continuity to contemporary European integration. It situates these ideas in the broad context of post-war western Europe and underlines their practical relevance in the activities of Jean Monnet and Altiero Spinelli. Post-war empirical developments are explored from a federalist perspective, revealing an enduring persistence of federal ideas which have been either ignored or overlooked in conventional interpretations. The book challenges traditional conceptions of the post-war and contemporary evolution of the EU, to reassert and reinstate federalism in theory and practice at the very core of European integration.
Author: Randy E. Barnett
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-12-06
Constitutional Structure: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life.
Author: Paul Brest
Publisher: Aspen Publishers
Release Date: 2014-10-15
This loose-leaf contains the same content and pagination as the casebook edition of Processes of Constitutional Decision-Making: Cases and Materials, Fifth Edition, 9780735550629. The loose-leaf pages are 3-hole punched, collated, and in shrink wrap. The pages are not sold in a binder nor are they bound together in any way. This popular casebook is highly regarded for its ability to provide a solid introduction to the practical realities of constitutional decision-making by taking a distinctive historical approach. In its revised and updated Fifth Edition, PROCESSES OF CONSTITUTIONAL DECISIONMAKING is an invaluable tool for teaching students the origins and development of constitutional doctrine. Proven effective through years of successful classroom use, the casebook: traces the historical, political, and social development of constitutional law, then considers constitutional questions in a broad historical context presents cutting-edge contributions from important contemporary legal scholars discusses seminal cases from the annals of history that show the relevance of historical materials to modern constitutional analysis provides full treatment of the important issues of civil rights, federalism, and separation of powers draws on the combined expertise of an outstanding author team contains particularly strong chapters on the constitutional treatment of sex equality and race Longtime users will find much new information in the Fifth Edition, including: timely coverage of civil liberties during wartime revised and expanded treatment of constitutional rights of sexual orientation minorities more material on rights of the poor and constitutional rights in the welfare state full analysis of new doctrines on federalism and civil rights powers
Author: William H. Riker
Publisher: Springer Science & Business Media
Release Date: 2012-12-06
Genre: Political Science
The chapters of this book have diverse origins. They were written over the period 1954-1984. Several (i.e., three, four, seven, and ten) were originally published in scholarly journals. Several (i.e., one, eight, nine, and eleven) are excerpts from my previous books: Soldiers of the States and Federalism: Origin, Operation and Significance. And several (i.e., two, five, and six) were written for conferences and are now published here for the first time. Despite the fact that this history suggests they are quite unrelated, these chapters do indeed center on one theme: the continuity of American federalism. In order to emphasize that theme, I have written an introduction and an initial commentary for each chapter. These commen taries, taken together, with the introduction, constitute the exposition of the theme. Some of these chapters (four, six, and ten) were written with my students, Ronald Schaps, John Lemco, and William Bast. They did much of the research and analysis so the credit for these chapters belongs to them as much as to me. Chapter five is based quite closely on William Paul Alexander's dissertation for the Ph. D. degree at the University of Rochester, 1973.
Author: Elke Cloots
Publisher: Bloomsbury Publishing
Release Date: 2012-09-03
This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.