Religion and the Constitution

Author: Michael W. McConnell
Publisher: Aspen Publishers
ISBN: 9780735507180
Format: PDF, Kindle
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Religion and the Constitution, Third Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law. The Third Edition has been completely updated with discussions of recent important cases and includes expanded discussion of key topic areas. Professors McConnell, Garvey, and Berg bring years of experience and insight to teaching students about Religion and the Constitution: Broad recurring themes place current debate in context: Free exercise of religion in the face of government regulation Government financial assistance to religious institutions The role of religion in government institutions, such as schools Notes and questions connect constitutional and religious history with current constitutional issues. The combination of notes and problems allows both depth of understanding and application of knowledge to new issues. The interrelation between free exercise and establishment clauses is examined and thoroughly explained. Historical background materials judiciously integrated with current constitutional issues provide students with the context that facilitates deeper understanding. Lightly edited cases promote in-depth case analysis. New to the Third Edition: Up-to-date coverage of new decisions. Expanded discussion of standing in both funding and symbols cases (including Hein and Buono). Expanded discussion of freedom of religious association (including CLS v. Martinez). Additional references to international and comparative materials.

Constitutional Law

Author: Randy E. Barnett
Publisher: Wolters Kluwer Law & Business
ISBN: 1454892889
Format: PDF, Docs
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Constitutional Law: Cases in Context, Third 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.

The State and Religion in a Nutshell

Author: Thomas Berg
Publisher: West Academic Publishing
ISBN: 9781634602808
Format: PDF, Kindle
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Expert narrative describes and analyzes the religious freedom issues that have occupied the Supreme Court's attention in recent decades and exploded into public debate in recent years. The text explains principles and analyzes categories of cases using a framework based on three fundamental values: choice in religious matters, equality of treatment, and separation of church and state. Provides historical perspective and explains how the First Amendment's Establishment Clause and Free Exercise Clause interact. Also analyzes legislative provisions on religious freedom, which have caused widespread controversy in recent years, as well as state constitutional provisions. Useful for law students, practitioners, and interested laypersons.

Law and Religion

Author: Leslie C. Griffin
Publisher: Wolters Kluwer Law & Business
ISBN: 145483174X
Format: PDF, ePub
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Designed to be used either as a primary text or with any Law and Religion or First Amendment text, Law and Religion: Cases in Context presents descriptions and discussions of the landmark cases in law and religion and the First Amendment. Cases are selected from the leading religion and First Amendment casebooks, and the authors provide insights into the significance of each while revealing its context and, for many, details about what happened after the case was concluded. This unique text will intrigue students and engage their interest with: - Accessible prose and interesting illustrations; - Cases that involve issues that continue to confound the courts: creation science and evolution; public religious symbols like the cross and the crèche; private religious clothing like the yarmulke and the khimar; tax policy and religion; - Engaging characters, such as: Guy Ballard, who told customers that he was chosen by Saint Germain as a divine messenger and possessed supernatural healing powers that they could purchase; Officer and Doctor Simcha Goldman, who wore a yarmulke to the psychology clinic until an irritated military attorney complained to Goldman's superiors that the yarmulke was not permitted under Air Force regulations; Kimberlie Webb, a Philadelphia police officer who lost her efforts to wear a headscarf while in uniform and on duty; Ronald Rosenberger, who successfully challenged the University of Virginia's denial of funding to his evangelical publication, Wide Awake; - Insights from leading law and religion scholars of diverse professional, religious, geographical, and institutional backgrounds. In her role as editor, Leslie C. Griffin, who holds a Ph.D. in Religious Studies from Yale University as well as a J.D. from Stanford Law School, has brought together an impressive group of contributors to create Law and Religion: Cases in Context.

The First Amendment

Author: Ronald J. Krotoszynski
Publisher: Wolters Kluwer Law & Business
ISBN: 1454836059
Format: PDF, Kindle
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Cases and doctrinal developments in The First Amendment: Cases and Theory are presented in historical context so that students may understand the Supreme Court's evolving tests, standards, and approaches to the Speech, Press, Assembly, Petition, and Religion Clauses in historical context through lightly edited cases. Engaging problems help students apply legal concepts in real situations. All the major contemporary free speech controversies are covered, including conflicts between free speech and national security, equality, civility, and other values, with particular attention to how these conflicts are playing out in the Internet context. Introductory chapters set the stage, and brief chapter overviews introduce the main themes and doctrines to improve student learning from the cases. The First Amendment: Cases and Theory is teachable in a standard three-hour survey course. It is also useful as a casebook for specialized offerings on the Speech, Press, Assembly, Petition Clauses, or the Religion Clauses. The Second Edition features major First Amendment cases that have come down since 2007: Arizona Christian School Tuition Organization v. Winn (taxpayer standing to challenge tax credits for religious schooling); Arizona Free Speech Club v. Bennett (equalization of ampaign expenditures); Brown v. Entertainment Merchants Association (violent video games and children); Christian Legal Society v. Martinez (college and university student organization antidiscrimination policies); Citizens United v. Federal Election Commission (direct corporate electoral expenditures); Davis v. Federal Election Commission (equalization of candidate campaign expenditures); Holder v. Humanitarian Law Project (material support of terrorism federal law and free speech); Pleasant Grove v. Summum (public forums and monuments); Salazar v. Buono (government speech in a government park); Snyder v. Phelps (offensive funeral protests); Sorrell v. IMS Health (data mining as speech); United States v. Stevens (depictions of animal cruelty); and United States v. Williams (solicitations of child pornography.) New issues of First Amendment law such as The Stolen Valor Act are included in a refined presentation, strategically edited for greater clarity. Features: cases and developments in doctrine presented in historical context comprehensive coverage of all major First Amendment cases and doctrines, including materials on both expressive freedoms and also on the Establishment and Free Exercise Clauses lightly edited cases to enhance student comprehension in a complex area of constitutional law engaging problems help students apply legal concepts addresses major contemporary free speech controversies conflicts between free speech and national security free speech and equality free speech and the Internet introductory chapters on free speech, establishment of religion, and free exercise set the stage brief chapter overviews introduce main themes and doctrines to improve student learning from cases flexible use o teachable in a standard three-hour survey course use as casebook for specialized offerings on the Speech, Press, Assembly, Petition Clauses, or Religion Clauses Thoroughly updated, the revised Second Edition presents: major First Amendment cases that have come down since 2007 o Arizona Christian School Tuition Organization v. Winn (taxpayer standing to challenge tax credits for religious schooling)

The Constitutional Jurisprudence of the Federal Republic of Germany

Author: Donald P. Kommers
Publisher: Duke University Press
ISBN: 0822352664
Format: PDF, Kindle
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First published in 1989,The Constitutional Jurisprudence of the Federal Republic of Germanyhas become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. Compared to previous editions ofThe Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty.

Constitutional Law

Author: Erwin Chemerinsky
Publisher: Wolters Kluwer Law & Business
ISBN: 1454860596
Format: PDF, ePub, Docs
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A leading fifth edition text by a prominent scholar, Constitutional Law, is known for its concise, yet comprehensive presentation. Professor Chemerinsky’s distinctive approach presents the law solely through case excerpts and his own essays, and with the author’s context and background information, the law becomes more readily understood. The text’s flexible organization accommodates a variety of course structures so that no chapter assumes that students have read preceding material. Finally, a complete Teacher's Manual and Annual Case Supplement round out this acclaimed Constitutional Law text. Features: Comprehensive coverage; accessible writing style Distinctive approach presents the law solely through case excerpts and author-written essays Provides context and background information Flexible organization—no chapter assumes that students have read other chapters Updated throughout; includes major new cases

First Amendment Law Freedom of Expression Freedom of Religion

Author: Arthur D. Hellman
Publisher: LexisNexis
ISBN: 1630431109
Format: PDF, Mobi
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This new casebook rests on a straightforward premise: The First Amendment can be viewed as history, as policy, and as theory, but from a lawyer's perspective, it is above all law--albeit a special kind of law. One thing that is special is that the governing texts have receded into the background. The law is the cases, and the cases are the law. Close analysis of precedent is therefore the principal tool of argumentation and adjudication. The purpose of this casebook is to help students to learn the law in a way that will enable them to use it in the service of clients. Several features of the book promote this goal. The cases are edited with a relatively light hand. Notes and questions provide guidance in working with the opinions. The structure of the book--closely tracking the structure that the Supreme Court has imposed--helps to reinforce learning. Non-case materials (including drafts and memoranda from the Justices' private papers) are used to shed light on what was established by existing precedents and how a new decision changes (or does not change) the law. By giving primacy to the Justices' won words and the Court's own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course. The accompanying Teacher's Manual offers extensive guidance for taking advantage of the breadth--and depth--of coverage offered by the casebook. The authors have included three different sample syllabi. The running commentary fully analyzes the cases and suggests possible directions for class discussion. The authors also provide answers to the questions that appear in the notes and identify the origins and sources for the Problems. Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

Law and Religion Cases and Materials

Author: Leslie Griffin
Publisher: Foundation Press
ISBN: 9781634605236
Format: PDF, ePub, Docs
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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

Criminal Procedure

Author: James J. Tomkovicz
Publisher:
ISBN: 9781522105442
Format: PDF, ePub, Mobi
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Criminal Procedure: Constitutional Constraints Upon Investigation and Proof is intended for use in an introductory Criminal Procedure course that focuses on issues generated by the investigative efforts of law enforcement entities. The topics addressed include: searches and seizures, entrapment, confessions, identification procedures, and the exclusionary rules. The Eighth Edition adheres to the practical and flexible approach that has characterized the text from the start. The textual material at the beginning of each chapter and between main opinions is still concise, focused on the foundational essentials that enhance understanding of core concepts. The problems at the end of subsections and chapters, all based on actual federal and state cases, have been updated with some raising novel issues. They serve to expose students to cutting-edge questions. They also furnish opportunities to test comprehension of doctrines by applying them to concrete situations and to refine exam-taking skills. The opinions are limited to those decided by the United States Supreme Court. A core objective of the text is still to present sufficient materials to enable students to gain an appreciation of the richness and complexity of the variety of issues in the field. The Eighth Edition includes edited versions of the most significant opinions handed down since the Seventh Edition was published and incorporates notes that capture the essence of other important rulings. A few significant opinions have been supplanted and now are the subject of summarizing notes. One brief foundational chapter¿which addressed the right to assistance of counsel at trial¿has been omitted. The foundation is now provided by a substantial note that introduces the following chapter.