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Lively and Engaging, An Introduction to the American Legal System Speaks to a Broad Spectrum of Students as It Informs Them about Contemporary Legal Issues That Directly Impact Their Lives, Law, Courts, and Liberties. The Sixth Edition of An Introduction to the American Legal System provides both historical context and thoroughly up-to-date coverage of all aspects of American law and the legal system. Vivid examples, on-point case summaries, and hot-button issues make this text an obvious choice for paralegal, criminal justice, political science, prelaw, or legal studies courses. New to the Sixth Edition: Emphasis on recent decisions by the U.S. Supreme Court, such as?Dobbs?v. Jackson Women’s Health Organization?(2022), that have an impact on public policy and questions of constitutional interpretation, the importance of precedent, and the role of the Court in the constitutional system Added discussions of the debate surrounding the meaning of the Second Amendment, with particular attention paid to the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen Additional current and engaging content throughout the book to help students connect the legal issues in the text with interesting real-world applications Expanded coverage of free speech rights in high school and college settings Analysis of numerous Supreme Court decisions concerning civil rights and liberties through the 2021–2022 term Professors and students will benefit from: A comprehensive overview of the history and structure of the American legal system, supported by real-life examples Contemporary topical coverage of constitutional issues, torts, property law, contracts and business law, family law, legislation, and administrative law Cases in Point that concisely illustrate how the law applies in the real world Questions for discussion in every chapter that point to high-interest issues for debate A well-crafted pedagogical design that includes learning objectives and chapter outlines A four-part structure easily grasped by students: Foundations of the Legal System, Public Law, Private Law, and the Legal Process Clear and accessible writing A comprehensive glossary of legal terms
A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court The Supreme Court s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts primary purpose, and they should not be barred from considering any constitutional question.
Federal Courts deservedly has the reputation of being an exceptionally difficult course, and this book is designed to make it accessible to students by providing the context of cases and doctrines, as well as explaining their relevance to the issues being litigated in the 21st century. Federal Courts in Context supports what pedagogic research calls "deep learning." It does so by framing federal jurisdiction and structural constitutional law using clear, concise explanations of the social and historical context of canonical cases to reveal the concrete stakes of traditional debates about federal judicial power. The result is an engaging, accessible, and richly textured account of the subject supporting not only more sophisticated doctrinal and jurisprudential analysis, but also the necessary foundation for inclusive pedagogy in the training of diverse 21st century lawyers. The focus is on canonical cases and their context rather than notoriously dense treatise-like material common to other books in the field. The book is also organized to dovetail with Erwin Chemerinsky's Federal Jurisdiction to maximize the accessibility of the casebook content and learning outcomes. Benefits for instructors and students: Structured to pair with the most commonly used secondary reference in the field, Erwin Chemerinsky's Federal Jurisdiction Focuses on canonical cases and excerpts rather than long, dense notes and treatise-like material Directly addresses the structural constitutional significance of the Civil War, Reconstruction Amendments, and the retreat from Reconstruction for federalism, the modern Court's federalism revival, and separation of powers Makes explicit the influences of Indian Removal, allotment, and the late nineteenth century extension of American empire on doctrines of sovereignty, jurisdiction, plenary power, and non-Article III courts Provides interdisciplinary contextualization of the labor movement, the New Deal, and the reproductive rights movement to enrich analysis of reverse-Erie cases, the rise of the administrative state, agency adjudication, and standing Marries doctrinal and theoretical precision about the course's core concepts (federalism, separation of powers, the Supremacy Clause, and jurisdiction) with legal realist sensibilities and attention to how ordinary people are affected by structural constitutional law, rather than abstractions, Socratic questions without answers, or other pedagogic techniques divorced from the research on deep learning
To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Minneci v. Pollard (chapter 1), Lane v. Franks and Plumhoff v. Rickard (chapter 3), Connick v. Thompson (chapter 5), Rehberg v. Paulk (chapter 7), Carroll v. Carman, Reichle v. Howards, Ashcroft v. Al-Kidd, Camreta v. Greene, Tolan v. Cotton, Ortiz v. Johnson and Filarsky v. Delia (chapter 8), Lefemine v. Wideman and Perdue v. Kenny A. (chapter 12). The circuit courts have been active over the past few years. We have extensively revised the notes to take account of the recent developments. This edition also welcomes Fred Smith as a coauthor. Constitutional Torts studies circuit and district court decisions as crucial to understanding the developing law of Section 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems. At the same time, the materials continue to emphasize the "tort" aspects of Section 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. Constitutional Torts provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation. A Teacher's Manual is available to professors. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
The dawn of folk rock comes to life in Jerry Burgan’s unforgettable memoir of the pre-psychedelic 1960s and the summer that changed everything. As a naïve folksinger from Pomona, California, Burgan was thrust to the forefront of the counterculture and its aftermath. The Byrds, the Rolling Stones, the Mamas and Papas, Barry McGuire, Bo Diddley and many others make appearances in this 50th Anniversary reminiscence by the surviving cofounder of WE FIVE, the San Francisco electro-folk ensemble whose million-seller, "You Were On My Mind,” entered the world two months before Bob Dylan plugged in an electric guitar at the Newport Folk Festival. Vying with the Byrds to record the first folk-rock hit, Burgan and his lifelong friend Mike Stewart embarked on a road they thought well paved by the latter's older brother, Kingston Trio member John Stewart. Little did they realize that they would join the largest-ever American generation in an ecstatic, sometimes tortured, journey of invention and disillusion. Wounds to Bind bears witness to a lost and hopeful convergence in American history—that missing link between the folk and rock eras—when Bob Dylan and Sammy Davis Jr. were played on the same radio station in the same hour. A survivor of the human realignments, tragedies and triumphs that followed, Burgan tracks down the demons that drove the genius of We Five cofounder Mike Stewart and sheds light on the 40-year enigma of what became of the band’s reclusive lead singer, Beverly Bivens, a forerunner of Grace Slick, Linda Ronstadt, and Stevie Nicks.
Understanding the Difficult Words of Jesus“This book will stir the pot of biblical scholarship for years to come. It will force many to rethink the origin of the Gospels and the Jewishness of Jesus. Some may disagree with Bivin and Blizzard at certain points. No one, however, can ignore the soundness of their conclusion: Jesus is a Hebrew...
FROM ADULTERY... Ex-Marine and bodyguard Chris Coleman was a family man with a secret: He wanted to leave his wife for another woman, Tara Lintz. But as head of security for the world-famous Joyce Meyer Ministries—an evangelical organization that frowns on divorce—Coleman had to make other plans. TO MURDER... On May 5, 2009, Illinois police received a call from Coleman, who claimed he was unable to contact his family. When investigators arrived at his home, they found Coleman's wife and two sons strangled in bed. Across the walls, spray-painted in red, were various obscenities—the word punished among them. TO LIFE—OR DEATH. Who could have done something so sinister? As Coleman played the part of a grieving husband, forensic evidence at the crime scene told a different story. Key testimony from Lintz afforded yet more evidence of Coleman's guilt—and soon a jury would find him guilty of three counts of murder in the first degree.
When a convicted killer is saved by another man's confession, Amos Decker, now an FBI special task force detective, must find the truth in this "utterly absorbing" #1 New York Times bestseller (Associated Press). Convicted murderer Melvin Mars is counting down the last hours before his execution--for the violent killing of his parents twenty years earlier--when he's granted an unexpected reprieve. Another man has confessed to the crime. Amos Decker, newly hired on an FBI special task force, takes an interest in Mars's case after discovering the striking similarities to his own life: Both men were talented football players with promising careers cut short by tragedy. Both men's families were brutally murdered. And in both cases, another suspect came forward, years after the killing, to confess to the crime. A suspect who may or may not have been telling the truth. The confession has the potential to make Melvin Mars--guilty or not--a free man. Who wants Mars out of prison? And why now? But when a member of Decker's team disappears, it becomes clear that something much larger--and more sinister--than just one convicted criminal's life hangs in the balance. Decker will need all of his extraordinary brainpower to stop an innocent man from being executed.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Described as “superb” and “inspiring” in a foreword by Dean Erwin Chemerinsky, Civil Rights Enforcement, Second Edition dives deeply into doctrines concerning the enforcement of civil rights via private civil actions and the aspects of those doctrines of most importance to those litigating in the field. Organized as a litigator might think through a case, the book provides students with rich, detailed hypothetical problems to which they can apply what they are learning. Alongside these practice-focused elements, the book’s notes, questions, and topic transitions push students to grapple with strategic questions about impact litigation and the role of civil rights litigation in constitutional enforcement, as well as with theoretical questions about tradeoffs between the values of federalism and judicial review and the relationship between rights and remedies. New to the 2nd Edition: Up-to-date coverage of major developments—including the national reckoning on race and policing after George Floyd’s murder, COVID-19 prison conditions litigation, laws like Texas S.B. 8 designed to evade pre-enforcement challenges, new Bivens decisions, limitations on damages under Titles VI and IX, and the momentous Supreme Court term ending June 2022 Two new chapters on constitutional claims often brought against police or in custodial settings—including under the 4th and 8th Amendments and substantive and procedural due process—to explore how enforcement documents shape constitutional law and vice versa, and to facilitate coverage of topics that often fall through the cracks in constitutional law curricula Expanded coverage of major topics, including: Standing (organizational standing; defining an injury; policing and injunctive relief; pre-enforcement challenges) Qualified immunity (the reform movement; sources of “clearly established law”; the obviousness exception; private-actor applications) Municipal liability (custom; failure to supervise; applications of the “final policymaker” theory; the interaction of qualified immunity and failure to train) Statutory causes of action (42 U.S.C. § 1985; Title VII; ADA; Rehabilitation Act) And more! (COVID-19 conditions; modern school district boundary fights; applications of the Heck bar; expansion of sovereign immunity; the evolution of supervisory liability) New and expanded Applications sections exploring recent trends in appellate courts 10 new hypothetical problems Benefits for instructors and students: Detailed hypothetical problems with multi-layered fact patterns, including hypothetical statutes, precedents, and litigation documents (many based on actual cases) Application notes focusing on how civil rights enforcement doctrines work in practice, what incentives they create, prominent appeals court decisions, and areas of the current controversy Prologue (and follow-up notes throughout) grounding the material in the history of the civil rights movement and the practice of impact litigation Commentary and questions situating the doctrines covered within broader theoretical debates about the role of the federal courts and the gap between rights and remedies Detailed coverage of statutory civil rights enforcement, including comparisons to constitutional enforcement A focus on doctrines most relevant to practice Consideration of the role (or, in many instances, critical absence) of racial justice in the development and implications of civil rights laws and enforcement doctrines Rigorous case editing to highlight key issues and avoid unnecessarily sprawling excerpts Charts and illustrations of the more complex doctrines A consistent focus on doctrines of rights enforcement (as opposed to the content of various rights)—providing the book with a unifying theme and marking out a field of study distinct from Constitutional Law, Criminal Procedure, and Employment Discrimination
This volume is a compilation of papers on the politics of law, courts, and judging.