Semblances of Sovereignty

Semblances of Sovereignty
Author: T. Alexander Aleinikoff
Publisher: Harvard University Press
Total Pages: 321
Release: 2009-07-01
Genre: Law
ISBN: 0674020154

In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.

Global Perspectives on Constitutional Law

Global Perspectives on Constitutional Law
Author: Vikram Amar
Publisher: Oxford University Press
Total Pages: 255
Release: 2009
Genre: Law
ISBN: 0195328116

The authors introduce students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, each chapter presents foreign case materials on a particular topic, comparing U.S and other nations' laws.

Australian Constitutional Law and Theory

Australian Constitutional Law and Theory
Author: Anthony Blackshield
Publisher:
Total Pages: 1474
Release: 2006-01
Genre: Law
ISBN: 9781862875852

The fourth edition of this work has involved a thorough rewrite. Each chapter has been looked at again from beginning to end, with fresh choices in some cases made for extracts to bring the book up to date for new materials and scholarship and some material rewritten to provide clearer explanation. While all chapters contain changes, some have involved a more fundamental rewrite. The Supplement below, details changes from the 3rd edition to the 4th edition. For example, the chapters on the executive as well as characterisation and the trade and commerce power have been rewritten to provide a more straightforward structure and to provide greater clarity and contemporary relevance. Other changes have been made in order to restructure the book and to provide room for the substantial new material. Overall, the book is roughly the same length as the last edition due to cuts and streamlining. This has also involved rethinking the placement of some material, such as to group together the grants and appropriations powers of the Commonwealth. The material dealing with human rights has been substantially restructured with the chapters dealing with the implied freedom of political communication rewritten to take account of new developments and to provide space for major new cases. The final chapter on constitutional change has also been reworked to include a section dealing on Bill of Rights issues as a contrast to that on the republic.

Constitutional Law: Cases, Materials, and Problems Fifth Edition, 2023 Case Supplement

Constitutional Law: Cases, Materials, and Problems Fifth Edition, 2023 Case Supplement
Author: Russell L. Weaver
Publisher: Aspen Publishing
Total Pages: 412
Release: 2023-10-17
Genre: Law
ISBN:

The 2023 Annual Supplement includes excerpts from recent scholarship and from important new decisions of the Supreme Court—including major cases on executive powers, equality, and free speech. The 2023 Supplement contains excerpts from cases decided during the October 2022 Term.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Physician-assisted Suicide

Physician-assisted Suicide
Author: Susan M. Behuniak
Publisher: Rowman & Littlefield
Total Pages: 246
Release: 2003
Genre: Law
ISBN: 9780742517257

Whether competent, terminally ill patients have a right to die with the assistance of their physicians or whether state and national governments have legitimate interests in forbidding the exercise of this right are the central questions around which this book revolves. In either case, essential constitutional issues as well as ethical and medical reflections enter the debate. This book, blending original sources and expert commentary, prepares its readers to enter the discussion by providing an accessible and concise introduction to the law and politics of physician-assisted suicide. Its timely appearance also sets the stage for understanding future state referenda, court decisions, legislation, and executive orders expected in 2002 and beyond. Visit our website for sample chapters!