Ordered Liberty

Author: James E. Fleming
Publisher: Harvard University Press
ISBN: 0674070747
Format: PDF, ePub
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Fleming and McClain defend a civic liberalism that takes seriously not just rights but responsibilities and virtues. Issues taken up include same-sex marriage, reproductive freedom, regulation of civil society and the family, education of children, and clashes between First Amendment freedoms of association and religion and antidiscrimination law.

Gay Rights and the Constitution

Author: James Fleming
Publisher: Foundation Press
ISBN: 9781634602686
Format: PDF, ePub, Docs
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This is the first casebook designed for both liberal arts undergraduates and law students. Considerably shorter than other casebooks, it focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court's holdings in Lawrence v. Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution's commitments to liberty and equal protection encompass rights of same-sex intimate association and marriage. It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other. This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties.

Just Married

Author: Stephen Macedo
Publisher:
ISBN: 9780691176338
Format: PDF, ePub, Mobi
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The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygamy, adult incest, and the dissolution of marriage as we know it. Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. Just Married demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage. Stephen Macedo displays the groundlessness of arguments against same-sex marriage and defends marriage as a public institution against those who would eliminate its special status or supplant it with private arrangements. Arguing that monogamy reflects and cultivates our most basic democratic values, Macedo opposes the legal recognition of polygamy, but agrees with progressives that public policies should do more to support nontraditional caring and caregiving relationships. Throughout, Macedo explores the meaning of contemporary marriage and the reasons for its fragility and its enduring significance. His defense of reformed marriage against slippery slope alarmists on the right, and radical critics of marriage on the left, vindicates the justice and common sense of the emerging consensus. Casting new light on today's debates over the future of marriage, Just Married lays the groundwork for a stronger institution.

Law and Religion Cases and Materials

Author: Leslie Griffin
Publisher: Foundation Press
ISBN: 9781634605236
Format: PDF, Kindle
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The fourth edition was updated to include important new Supreme Court cases on governmental prayer, reproductive healthcare rights, the Religious Freedom Restoration Act (RFRA), and same-sex marriage. The fourth edition continues the book''s interdisciplinary approach to law and religion, its student-friendly notes and questions, and its inclusion of numerous non-Supreme Court cases from a variety of state, federal, and international courts. The chapters were reorganized to highlight the impact of the Court''s most recent cases on the subject matter of law and religion. The first six chapters provide the foundational information about free exercise, establishment, and RFRA: 1. Free Exercise of Religion identifies the ever-increasing diversity of American religion versus non-religion. It now includes United States v. Seeger, as a lead conscientious objection case explaining what the Court means by "religion." 2. Introduction to Establishment now includes the Court''s decision upholding government-sponsored prayer in Town of Greece v. Galloway, and asks if Galloway will change all future Establishment Clause analysis. 3. What is an Establishment of Religion? examines older establishment precedents about religious symbols and monuments, public funding of religion, and religious speech in light of Galloway. The chapter also focuses on the funding issue the Court will hear in the 2016 Term in Trinity Lutheran Church v. Pauley, which asks if state bans on church funding violate the federal Establishment Clause. 4: Constitutional and Statutory Protection of Free Exercise provides extensive coverage of the ramifications of the Court''s RFRA decision, Hobby Lobby, which accommodated for-profit businesses from providing contraceptive benefits to their employees. 5: Conscience, Complicity, and Conscientious Objection relates Hobby Lobby to the Court''s order searching a compromise between religious nonprofits and the government in Zubik v. Burwell. This chapter explores military, medical, and legal conscientious objection and analyzes the increasing number of complicity claims faced by courts hearing RFRA cases. It also includes the case of Kim Davis, the Kentucky clerk who refused to issue marriage licenses to same-sex couples. 6: Conflicts between Individual and Institutional Religious Freedom explores the Court''s increasing protection of institutional over individual religious freedom by looking at three topics: church property disputes, employment discrimination, and torts. The employment discrimination section now includes an overview of Title VII''s religious discrimination provisions and the Court''s recent decision interpreting them in EEOC v. Abercrombie and Fitch. The chapter also explores in detail the repercussions of Hosanna-Tabor v. EEOC, the ministerial-exception case that was brand new in the third edition. The first six chapters provided the basics about free exercise, establishment, and RFRA. Later chapters are more specialized and can be assigned at the professor''s discretion, depending upon student interest. 7: RLUIPA: The Religious Land Use and Institutionalized Persons Act. RLUIPA now has its own chapter, which focuses on how the RFRA decisions studied in Chapters 4 and 5 will influence interpretation of RFRA''s twin sister statute, which applies to institutionalized persons (prisoners) and land use. 8: Comparative Religious Freedom was completely revised. It now includes cases from other countries that parallel the subjects already studied in earlier chapters of the casebook. A section on religious garb, including a Turkish case about hijab bans, recalls Abercrombie. A section on blasphemy connects to the free (religious) speech jurisprudence. Conscience receives extensive treatment because it has become so important in U.S. law. Chapter 8 incl

An Introduction to the American Legal System Government and Constitutional Law

Author: Diane S. Kaplan
Publisher: Wolters Kluwer Law & Business
ISBN: 1454870958
Format: PDF, Kindle
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This new coursebook introduces students to the relationship among the American constitutional, governmental, and legal systems. With a clear and concise presentation, this book explores historical and contemporary events, judicial opinions, and constitutional provisions that demonstrate how the three systems accommodate social progress in an ever-changing and highly diverse nation. Perfect for LLM courses or even undergraduate classes, this book aims to teach students how to understand constitutional doctrines, brief judicial opinions, and how American history affects contemporary legal issues. Features: Clear and concise presentation and logical organization of material making it an excellent introductory book to the American legal system Inclusion of modern cases on relevant topics, such as same-sex marriage, legalization of marijuana, and homicidal laws affecting juveniles Chapter questions that facilitate basic legal analysis through hypotheticals, opinion briefing, and application of constitutional provisions Inclusion of important historical and political events, such as lawsuits brought against Presidents, congressional impeachment powers, the Electoral College System, the Supreme Court s resolution of voting issues, the Civil War and post Civil War constitutional amendments, the Civil Rights movement, presidential and congressional war powers, and Supreme Court opinions about Guantanamo Bay detainees

Cases and Materials on Constitutional Law

Author: David Crump
Publisher:
ISBN: 9780820502618
Format: PDF, Docs
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Traditional in organization & approach, this casebook nevertheless provides a practical focus to the study of constitutional law through inclusion of actual litigation documents from cases discussed.

Conflict of Laws

Author: R. Lea Brilmayer
Publisher: Wolters Kluwer Law & Business
ISBN: 145486091X
Format: PDF, Mobi
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Written by leading Conflicts scholars, this casebook presents a balanced study of Conflict of Laws. The books starts with a discussion of traditional approaches to choice-of-law problems, followed by an examination how modern courts and commentators have struggled to formulate more responsive approaches. The remaining broad topics--constitutional limitations on choice of law, the Erie doctrine, personal jurisdiction, conflicts in the federal system, recognition of judgments, conflicts in the international context, choosing legal regimes and choice of law in complex litigation--are considered in light of the wisdom derived from consideration of the basic choice-of-law problems. Key New Features: Chapter on Conflict of Laws in the Federal System, which was deleted in the 6th edition, is added back at the request of adopters; the chapter does not attempt a comprehensive coverage of issues that are typically addressed in a civil procedure or federal jurisdiction course but instead focuses on the federalism questions that are relevant to conflict of laws. Addition of Goodyear v. Brown and Daimler v. Bauman to the chapter on personal jurisdiction, two Supreme Court cases that greatly modernize the subject New discussion of the impact of law and economics on choice of law theory Discussion of new cases on post-9/11 scope of constitutional limits New examples pertaining to recognition of judgments in domestic relations cases, e.g., child kidnapping Continued coverage of the First Restatement rules that continue to be important, with less emphasis on First Restatement rules of less relevance today. Re-introduction of discussion of New York cases addressing choice of law theory, with focus on important new cases

Child Family and State

Author: Robert H. Mnookin
Publisher: Wolters Kluwer Law & Business
ISBN: 1454845554
Format: PDF, Mobi
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A landmark publication in its first edition, this was one of the first books to explore the full range of legal questions relating to children. This casebook presents an outstanding selection of cases and materials that reflect social and historical perspectives, law, and policy. Features:“/p> Life without Possibility of Parole for Persons Who Commit Crimes as Juveniles Graham v. Florida, 130 S. Ct. 2011 (2010) Miller v. Alabama, 132 S. Ct. 2455 (2012) Juveniles' Fourth Amendment Rights Safford Unified School District v. Redding, 557 U.S. 364 (2009) Juveniles Miranda Rights J.D.B. v. North Carolina, 131 S. Ct. 2394 (2011) Juveniles First Amendment Rights Brown v. Entertainment Merchants Assn.,131 S. Ct. 2729 (2011)

Modern Family Law

Author: D. Kelly Weisberg
Publisher: Wolters Kluwer Law & Business
ISBN: 1454874708
Format: PDF, Docs
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Modern Family Law reflects the social diversity of the modern family as it examines the legal impacts of the women’s movement, the children’s rights movement, the fathers’ rights movement, domestic violence, changing sexual mores, nontraditional family forms, and developments in reproductive technology. Integrating valuable interdisciplinary perspectives, the text includes excerpts, notes, and questions emanating from history, psychology, sociology, social work, medicine, and philosophy. A variety of problem exercises, most derived from actual cases and current events, covers cross-cutting themes as well as the basics of family law. Human-interest stories that complement the cases heighten student awareness of the real impact of the law on people’s lives. Modern Family Law easily adapts to shorter or longer courses. The Sixth Edition offers contemporary perspectives on family law theory and covers new developments on such topics as alienation of affections, adoption, assisted reproduction, attorneys’ sexual ethics, bigamy, child abuse, child custody and support, divorce, domestic violence, grandparents’ visitation rights, names in the family, parentage, premarital agreements, and reproductive rights. The text features major coverage of developments on same-sex marriage, DOMA, and other issues of equality for gay and lesbian families. The decline of marriage and the rise of new conceptualizations of family are explored along with the return of the “culture wars,” including political disputes about contraception.

Conflict of Laws

Author: Maebh Harding
Publisher: Routledge
ISBN: 1134594259
Format: PDF
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Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England. Recent years have seen an increased ‘Europeanization’ of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV and the proposed Succession Regulation. Harding provides students with a clear understanding using pedagogic methods such as; Key Issues checklists at the start of every chapter to help track important points for further study Figures are used to aid understanding through visual learning Further Reading is included at the end of every chapter to enourage and support additional study Further developments addressed in the fifth edition include: • The use of common law doctrines in EU cases such as West Tankers. • The EU imperative for family relationships to be recognized across the EU in the context of citizen’s rights. • Civil Partnerships and recognition of same sex partnership. • Rome III, Rome IV and the distinction between maintenance and matrimonial property. • Adoption, Parental Responsibility and International Child Abduction • Surrogacy and Assisted Reproduction Conflict of Laws is an ideal choice for undergraduate and postgraduate students seeking a comprehensive yet accessible introduction to private international law.