Gay Rights and the Constitution

Author: James Fleming
Publisher: Foundation Press
ISBN: 9781634602686
Format: PDF, Kindle
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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.

Ordered Liberty

Author: James E. Fleming
Publisher: Harvard University Press
ISBN: 0674070747
Format: PDF, Docs
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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.

Just Married

Author: Stephen Macedo
Publisher:
ISBN: 9780691176338
Format: PDF, ePub, Docs
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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.

An Introduction to the American Legal System Government and Constitutional Law

Author: Diane S. Kaplan
Publisher: Wolters Kluwer Law & Business
ISBN: 1454870958
Format: PDF, ePub
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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

Civil Rights and Liberties

Author: Corey L. Brettschneider
Publisher: Wolters Kluwer Law & Business
ISBN: 1454819243
Format: PDF, ePub, Docs
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An engaging conceptualizing chapter opens Civil Rights and Liberties: Cases and Readings in Constitutional Law and American Democracy, introducing civil liberties within their constitutional framework, illuminating their nature and sources through enlightening Supreme Court deliberations that show the underlying debates about constitutional interpretation. A distinctive approach to themes and principles encourages students to develop their own views on civil liberties in general and on the specific controversies such as abortion, gay rights, and hate speech. Extensive, intriguing excerpts from a highly focused set of cases and other readings from contemporary theory highlight conflicting opinions among the justices. They provide depth of understanding of the Constitution and of the disputes that have shaped its meaning, including the basis and nature of judicial authority. The text's thematic organization reveals the structural and normative features of the Constitution and constitutional law by linking them to contemporary issues and controversies. Key historical elements lend context and depth. A logical chapter structure offers probing overviews of the topics, constitutional arguments, and chapter readings followed by a broad range of theoretical and historical writings leading up to the cases. This multidimensional perspective draws on a wide array of resources such as case excerpts, concurring and dissenting opinions, law journal and articles, general publications, published letters, and other documents. Probing case comprehension, discussion, and synthesis questions punctuate and reinforce content. Features: an engaging conceptualizing opening chapter introduces civil liberties within constitutional framework illuminates their nature and sources through enlightening Supreme Court disputes shows underlying debates about constitutional interpretation a distinctive approach to themes and principles encourages students to develop their own views on civil liberties engages students in specific controversies--abortion, gay rights, and hate speech, etc. intriguing excerpts from a highly focused set of cases and other readings highlight disputes among the justices provide depth of understanding of the Constitution and interpretive disputes explore the basis and nature of judicial authority thematic organization shows structural and normative features of the Constitution and constitutional law links the Constitution to contemporary issues and controversies provides key historical elements for context logical chapter structure author's overviews of topics, constitutional arguments, and chapter readings a broad range of theoretical and historical writings key cases a multidimensional perspective draws on a wide array of resources case excerpts concurring and dissenting opinions law journal articles general publications published letters and other documents probing case comprehension, discussion, and synthesis questions reinforce content

Estates in Land and Future Interests

Author: John Makdisi
Publisher: Wolters Kluwer Law & Business
ISBN: 1454895357
Format: PDF, Docs
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Proven effective, Estates in Land and Future Interests, Seventh Edition provides an accessible and systematic presentation of the classifications and rules of estates and future interests law. Clear explanations, along with comprehensive problem sets in each chapter, cover all of the rules as they are applied in practice. Students will master this complex area of Property Law by applying the rules and assigning classifications to the hypothetical problems in this practice-based workbook. New to the Seventh Edition: Endnotes with case support for most of the law in the text. Correction of ambivalencies and errors in the sixth edition. Features: Comprehensive problem sets for each chapter (600 problems total) with fully explained and analyzed answers in every chapter provide more effective learning than can hornbooks or other study guides. A skeletal, systematized account of the common law in its modern-day form. Dynamic learning philosophy helping students focus first on the classifications of estates and future interests, then on the rules governing these classifications, and then the Rule against Perpetuities. The book explains the rules and provides problems and answers that carefully lead students from one difficult step to the next, each step building on the ones that went before. Ideal for students in both first-year Property as well as Wills, Trusts, and Estates. Coverage of all the important rules as they are applied today with the goal of providing an integrated understanding in preference to a historical foundation.

Conflict of Laws

Author: R. Lea Brilmayer
Publisher: Wolters Kluwer Law & Business
ISBN: 145486091X
Format: PDF, ePub
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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

Decedents Estates

Author: Raymond C. O'Brien
Publisher:
ISBN:
Format: PDF, ePub, Mobi
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This new casebook consists of traditional cases, statutes, and materials related to courses associated with wills, trusts, and estates. Particular attention has been directed towards international statutes and their contrast with American statutory and common law; web sites offering forms and additional resources; and the changing nature of federal and state tax considerations. The tax considerations appear throughout the casebook, but professors are offered the opportunity of either addressing taxation in the course or separating it so that it may be addressed in other courses. The authors aim is to provide professors and students with a course of study that is orderly and engaging. To meet this goal, each chapter is preceded by a Tool Bar which indexes the subjects to be discussed. This approach, similar to that found on a computer, offers professors an opportunity for an easy summary or introduction and gives students a visual grasp of the totality of the chapter. Because decedents estates involve families, their creation, dissolution, and interaction, the casebook has a distinctive familial approach, offering a classic death in the family as a starting point and ending with planning for incapacity and the decisions and assistance programs accompanying dependency. The estates of persons in community-property jurisdictions have valuable lessons to share with persons in common-law states and there are multiple examples of these interactions in cases and statutes throughout the book.

Conflict of Laws

Author: Maebh Harding
Publisher: Routledge
ISBN: 1134594259
Format: PDF, Mobi
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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.

Jurisprudence

Author: Robert L. Hayman
Publisher: West Academic Publishing
ISBN:
Format: PDF, ePub, Mobi
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This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.