Law and Leviathan

Law and Leviathan
Author: Cass R. Sunstein
Publisher: Harvard University Press
Total Pages: 209
Release: 2020-09-15
Genre: Law
ISBN: 0674247531

From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Western Reporter

Western Reporter
Author: Robert Desty
Publisher:
Total Pages: 1084
Release: 1886
Genre: Law reports, digests, etc
ISBN:

Citizenship as Foundation of Rights

Citizenship as Foundation of Rights
Author: Richard Sobel
Publisher: Cambridge University Press
Total Pages: 245
Release: 2016-10-26
Genre: Law
ISBN: 1107128293

Citizenship as Foundation of Rights explains what it means to have citizen rights and how national identification requirements undermine them.

Identifying the Culprit

Identifying the Culprit
Author: National Research Council
Publisher: National Academies Press
Total Pages: 212
Release: 2015-01-16
Genre: Law
ISBN: 0309310628

Identifying the Culprit: Assessing Eyewitness Identification makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda.

No Constitutional Right to Be Ladies

No Constitutional Right to Be Ladies
Author: Linda K. Kerber
Publisher: Macmillan
Total Pages: 432
Release: 1999-09
Genre: Law
ISBN: 0809073846

In this landmark book, the historian Linda K. Kerber opens up this important and neglected subject for the first time. She begins during the Revolution, when married women did not have the same obligation as their husbands to be "patriots," and ends in the present, when men and women still have different obligations to serve in the armed forces.

Law of the Police

Law of the Police
Author: Rachel Harmon
Publisher: Aspen Publishing
Total Pages: 944
Release: 2021-02-16
Genre: Law
ISBN: 1543823300

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. This important new book provides materials and analysis for law school classes on policing and the law. It offers a resource for students and others seeking to understand and evaluate how American law governs police interactions with the public. The book provides primary materials, including cases, statutes, and departmental policies, and commentary and questions designed to help readers explore policing practices; the law that governs them; and the law’s consequences for the costs, benefits, fairness, and accountability of policing. Among other issues, the notes and questions encourage readers to consider the form and content of the law; how it might change; who is making it; and how the law affects policing. Part I introduces local policing—its history, its goals, and its problems; Part II considers the law that regulates criminal investigations; Part III addresses the law that governs street policing; and Part IV looks at policing’s legal remedies and reforms. Professors and students will benefit from: Chapters and notes designed to allow flexibility—allow professors to assign materials selectively according to the needs of the course. As a result, the casebook can serve as materials for a range of lecture and discussion-based courses on the law regulating police conduct; on legal remedies and reforms for problems in policing; or on more specific topics, such as the use of force or constitutional rules governing police conduct. Descriptions of controversial policing encounters and links to and discussion of videos of such incidents—help students practice applying the law, consider its policy implications, and gain awareness of contemporary controversies on policing. Diverse primary materials, including federal and state cases and statutes and police department policies—provide a broad exposure to the types of law that govern public policing. Photos, links to videos, protest art, and charts—pique student interest, enable richer discussions, and provide additional context for legal materials in the book. Integration of scholarly work on policing, on the law, and on the impact of police practices—enables students to make more sophisticated assessments of the law. Notes and questions—designed to (a) highlight alternative strategies lawyers might use to change the law, and (b) raise comparative institutional questions about who is best suited to regulate the police. Discussion of legal topics relevant to contemporary discussions of policing—studied nowhere else in the law school curriculum.

Criminal Procedures

Criminal Procedures
Author: Marc L. Miller
Publisher: Aspen Publishing
Total Pages: 1280
Release: 2023-01-31
Genre: Law
ISBN: 1543859100

Criminal Procedures: Cases, Statutes, and Executive Materials, by Marc Miller, Ronald Wright, Jenia Turner, and Kay Levine, focuses on the interactions among multiple institutions in shaping the law of Criminal Procedure, bringing state courts, legislatures, prosecutor offices, and police department policymakers into the picture alongside the U.S. Supreme Court. Criminal Procedures: Cases, Statutes, and Executive Materials is noted for its comprehensive coverage and excellent selection and editing of cases and materials. The book is known for its special focus on a rich selection of materials from multiple institutions, including primary materials from U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and police and prosecutorial policies, along with materials from social science studies. The new edition retains the casebook’s engaging writing style and division of materials into “teachable chunks.” Updated cases are chosen for their contemporary accuracy and feel, to complement essential cases of historical value. Taken together, the principal materials highlight procedural variety, focus on real process topics, provide the political context, and consider the impact of procedures on the various parties involved. The scholarly expertise and experience of the authors are especially reflected in the Criminal Procedure II materials, which include coverage of prosecutorial charging, plea bargaining, and sentencing. Their frequent use of Problems gives instructors options for applying concepts and doctrines in realistic practice settings. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center 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; practice questions from your favorite study aids; an outline tool and other helpful resources. New to the 7th Edition: New organization for the search and seizure chapters to better reflect long-term doctrinal changes. Coverage of new design options for police organizations, inspired by the “Defund the Police” movement. Spotlighting the Breonna Taylor tragedy in Louisville as a focal point for discussion of no-knock warrants. Emphasis throughout the search and seizure chapters on the interaction between technology and doctrinal change. Coverage of declination and plea negotiation policies in the offices of “progressive prosecutors.” Enhanced coverage of the operation of state speedy trial statutes in high-volume courts Fresh evaluation of historical trends and current practices in plea bargaining. Coverage of recent rulings of U.S. Supreme Court on jury selection and unanimous jury verdicts. Professors and students will benefit from: Materials that support class discussion, including criminal court actors beyond the Justices of the U.S. Supreme Court: the vision is “street level federalism.” Materials that portray for students the range of current practices in criminal justice rather than a rushed historical narrative about doctrinal trends. Supporting web site that offers exemplar documents from legal practice, recent news with relevance for criminal procedure, and brief video lectures to introduce each major unit. Emphasis on high-volume practical issues in criminal procedure instead of intricate but rarely-encountered questions. Intuitive organization – tracking the typical sequence of events in criminal investigations and in the criminal courts – makes it easy to see connections among different areas of the law.