Download Free Cases Without Controversies Book in PDF and EPUB Free Download. You can read online Cases Without Controversies and write the review.

This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction. Said to rest on the so-called "case-or-controversy" requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power.
As it interprets the U.S. Constitution, the Supreme Court defines the rights of individuals and referees disputes between the branches of government. For many years, the Court has limited access to those claimants who satisfy a shifting and sometimes amorphous case-or-controversy requirement. Drawing on historical practice to clarify the meaning of the constitutional terms in question, this book calls upon the Court to offer broader access to federal court and greater deference to congressional choices.
A book that students find interesting and instructors consider educationally valuable, this Fifth Edition of Contemporary Criminal Law combines traditional concepts with thought-provoking cases and engaging learning tools. Taking a casebook approach, the text covers both foundational and emerging legal topics such as terrorism, gangs, cybercrime, and hate crimes, illustrated by real-life examples that students connect with. Clear explanations of criminal law and defenses are complemented by provocative, well-edited cases followed by discussion questions to stimulate critical thinking and in-class discussion. The book provides a contemporary perspective on criminal law that encourages students to actively read and analyze the text. The Fifth Edition is enhanced throughout by new cases that offer the most up-to-date coverage of evolving legal opinions and developments in criminal law. New to This Edition New cases illuminate important concepts, including decisions on criminal acts, criminal intent, parties, corporate crime, kidnapping, identity theft, computer crime, prostitution, terrorism, and more. One or more new You Decide sections in most chapters clarify concepts to illustrate the complexity of legal analysis and enhance the interactive character of the text. Additional hypothetical problems are available on the companion site. New Crime in the News features look at recent events such as the criminal trial of Dylann Roof, the dark web, and the leaking of confidential government documents to help students apply important concepts to real-world scenarios. New and expanded discussions of critical topics cover the Second Amendment and gun control, the Trump administration's stance on marijuana, sentencing guidelines, and criminal defenses.
From the fights about the teaching of evolution to the details of sex education, it may seem like American schools are hotbeds of controversy. But as Jonathan Zimmerman and Emily Robertson show in this insightful book, it is precisely because such topics are so inflammatory outside school walls that they are so commonly avoided within them. And this, they argue, is a tremendous disservice to our students. Armed with a detailed history of the development of American educational policy and norms and a clear philosophical analysis of the value of contention in public discourse, they show that one of the best things American schools should do is face controversial topics dead on, right in their classrooms. Zimmerman and Robertson highlight an aspect of American politics that we know all too well: We are terrible at having informed, reasonable debates. We opt instead to hurl insults and accusations at one another or, worse, sit in silence and privately ridicule the other side. Wouldn’t an educational system that focuses on how to have such debates in civil and mutually respectful ways improve our public culture and help us overcome the political impasses that plague us today? To realize such a system, the authors argue that we need to not only better prepare our educators for the teaching of hot-button issues, but also provide them the professional autonomy and legal protection to do so. And we need to know exactly what constitutes a controversy, which is itself a controversial issue. The existence of climate change, for instance, should not be subject to discussion in schools: scientists overwhelmingly agree that it exists. How we prioritize it against other needs, such as economic growth, however—that is worth a debate. With clarity and common-sense wisdom, Zimmerman and Robertson show that our squeamishness over controversy in the classroom has left our students woefully underserved as future citizens. But they also show that we can fix it: if we all just agree to disagree, in an atmosphere of mutual respect.
In Democracy in America, De Tocqueville observed that there is hardly a political question in the United States which does not sooner or later turn into a judicial one. Two hundred years of American history have certainly borne out the truth of this remark. Whether a controversy is political,economic, or social, whether it focuses on child labor, slavery, prayer in public schools, war powers, busing, abortion, business monopolies, or capital punishment, eventually the battle is taken to court. And the ultimate venue for these vital struggles is the Supreme Court. Indeed, the SupremeCourt is a prism through which the entire life of our nation is magnified and illuminated, and through which we have defined ourselves as a people. Now, in The Oxford Companion to the Supreme Court of the United States, readers have a rich source of information about one of the central institutions of American life. Everything one would want to know about the Supreme Court is here, in more than a thousand alphabetically arranged entries.There are biographies of every justice who ever sat on the Supreme Court (with pictures of each) as well as entries on rejected nominees and prominent judges (such as Learned Hand), on presidents who had an important impact on--or conflict with--the Court (including Thomas Jefferson, AbrahamLincoln, and Franklin Delano Roosevelt), and on other influential figures (from Alexander Hamilton to Cass Gilbert, the architect of the Supreme Court Building). More than four hundred entries examine every major case that the court has decided, from Marbury v. Madison (which established the Court'spower to declare federal laws unconstitutional) and Scott v. Sandford (the Dred Scott Case) to Brown v. Board of Education and Roe v. Wade. In addition, there are extended essays on the major issues that have confronted the Court (from slavery to national security, capital punishment to religion,from affirmative action to the Vietnam War), entries on judicial matters and legal terms (ranging from judicial review and separation of powers to amicus brief and habeas corpus), articles on all Amendments to the Constitution, and an extensive, four-part history of the Court. And as in all OxfordCompanions, the contributors combine scholarship with engaging insight, giving us a sense of the personality and the inner workings of the Court. They examine everything from the wanderings of the Supreme Court (the first session was held on the second floor of the Royal Exchange Building in NewYork City, and the Court at times has met in a Congressional committee room, a tavern, a rented house, and finally, in 1935, its own building), to the Jackson-Black Feud and the clouded resignation of Abe Fortas, to the Supreme Court's press room and the paintings and sculptures adorning the SupremeCourt building. The decisions of the Supreme Court have touched--and will continue to influence--every corner of American society. A comprehensive, authoritative guide to the Supreme Court, this volume is an essential reference source for everyone interested in the workings of this vital institution and inthe multitude of issues it has confronted over the course of its history.
This collection of essays examines the ways in which disputes and controversies about the application of scientific knowledge are resolved. Four concrete examples of public controversy are considered in detail: the efficacy of Laetrile, the classification of homosexuality as a disease, the setting of safety standards in the workplace, and the utility of nuclear energy as a source of power. The essays in this volume show that debates about these cases are not confined to matters of empirical fact. Rather, as is seen with most scientific and technical controversies, they focus on and are structured by complex ethical, economic, and political interests. Drs. Engelhardt and Caplan have brought together a distinguished group of scholars from the sciences and humanities, who sketch a theory of scientific controversy and attempt to provide recommendations about the ways in which both scientists and the public ought to seek more informed resolutions of highly contentious issues in science and technology. Scientific Controversies is offered as a contribution to the better understanding of the roles of both science and nonscientific interests in disputes and controversies pertaining to science and technology.
Ethical concerns are among the most common problems public administrators face, yet the issues are often complex, and the correct choices are not always clear. Living up to the public trust is much more than just an act of compliance. It also involves perceiving, preventing, avoiding, and resolving accusations of illegal or unethical behavior, including appearances of inappropriate behavior. Ethics Moments in Government: Cases and Controversies examines how to identify, assess, and resolve the ethical issues and dilemmas that often confront those who govern the cities, counties, states, and federal agencies throughout America. Real Situations, Real Advice Providing a one-stop resource for all those who must contend with thorny ethical issues, this volume presents case studies that vary in complexity and context and are based on real situations. Each case scenario is followed by discussion questions and case assessments by expert practitioners who describe how they would handle the situation. Using a "total immersion" technique, the book encourages readers to be reflexive and analytical in addressing the problems presented and arriving at appropriate solutions. A supplemental CD is included which contains PowerPoint® slide presentations, articles, workshop programs, tests, and links to organizations. For many of the scenarios presented in this volume, there are no easy answers. Practical guidance on reasoning through difficult decision-making situations enables public administrators to acquire the ethical knowledge, skills, abilities, and instincts that will ultimately help them gain the trust of their citizens and advance in their careers.
In his student treatise, noted authority Paul Robinson uses the Model Penal Code, realistic hypotheticals, and lucid explanations to describe the existing rules of American criminal law. (In fact, professors consistantly remark on how well written and clear Robinson's text is.) He explains the reasoning behind those rules, The interrelation among them, and their application. Robinson gives the MPC's position on each topic, along with the most common deviations from it. Rather than viewing each rule in isolation, he examines each part of criminal law as a piece of a machine for determining criminal liability. The six parts of the book define those interrelationships: Introduction General Principles in the Definition of Offenses Principles of Imputation General Defenses Inchoate Liability Specific Offenses Since lawyers who know the reasoning of the drafters have a powerful advantage in arguing for a particular interpretation of a code provision, Robinson points students to important bibliographic sources at the end of each section. Each chapter starts with a hypothetical based on a real case. Throughout the chapter, Robinson refers back To The hypothetical, using it as a vehicle to analyze and clarify abstract concepts. Numerous footnotes, case references, and bibliographies make this text a lasting research tool. For a meaningful exploration of this fascinating area of study, you can depend on Paul Robinson's Criminal Law . Be sure to recommend this vital work to your next criminal law class.
This is a comprehensive, introductory criminal law textbook that expands upon traditional concepts and cases by coverage of the most contemporary topics and issues. Contemporary material, including terrorism, computer crimes, and hate crimes, serves to illuminate the ever-evolving relationship between criminal law, society and the criminal justice system's role in balancing competing interests. The case method is used throughout the book as an effective and creative learning tool.Features include:" vignettes, core concepts, 'Cases and Concepts', 'You Decides, excerpts from state statutes, 'legal equations' and Crime in the News boxes" fully developed end-of-chapter pedagogy includes review questions, legal terminology and 'Criminal Law on the Web' resources" instructor resources (including PowerPoint slides, a computerized testbank and classroom activities) and a Student Study Site accompany this text
This volume brings together leading experts on the investigation, litigation and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors consider the challenges faced by the exoneration movement, causes of wrongful convictions, problems associated with investigating, proving, and defining ‘innocence’, and theories of reform. These issues are investigated from a multi-disciplinary perspective and with the aim of improving the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.