Processes of Constitutional Decisionmaking

Processes of Constitutional Decisionmaking
Author: Sanford Levinson
Publisher: Aspen Publishing
Total Pages: 215
Release: 2022-08-31
Genre: Law
ISBN: 154385818X

The 2022 Annual Supplement includes excerpts from recent scholarship and from important new decisions of the Supreme Court—including major cases on abortion and gun rights. The 2022 Supplement contains excerpts from cases decided during the October 2021 Term.

Processes of Constitutional Decisionmaking

Processes of Constitutional Decisionmaking
Author: Akhil Reed Amar
Publisher: Aspen Publishing
Total Pages: 2338
Release: 2022-01-31
Genre: Law
ISBN: 1543838561

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. This hugely successful materials-and-problems book is acclaimed for its textual clarity, evenhanded perspective, and contemporary, up-to-date character. Easily distinguished from other property casebooks for its plain-language descriptions of legal doctrine; explanations of the social ramifications of our system of property law; emphasis on statutory and regulatory interpretation; comprehensive treatment of public accommodations and fair housing law, tribal property issues, and property in human bodies; and use of the problem method to teach legal reasoning and lawyering skills. Streamlined for more accessible teaching, the Eighth Edition has been thoroughly updated to reflect significant changes in the law of property, including in responses to the Covid-19 pandemic, in intellectual property, housing discrimination, regulatory takings, and more. Key Features: Updated to reflect significant changes in the law of property to help professors keep current and be aware of emerging disputes Streamlined to assist in making teaching from the casebook more accessible, without sacrificing coverage and depth New materials and problems have been added in an array of areas, including: The importance of race and slavery in shaping property law and distribution The impact of the Covid-19 pandemic on several core areas of property law Growing questions about the balance between public accommodations and religious liberty, including Masterpiece Cakeshop, Inc. v. Colorado Civil Rights Commission, 138 S. Ct. 1719 (2018) and its aftermath Emerging caselaw on the rights of people experiencing homelessness; Shifts in property rights emerging from marriage and non-marital intimate relationships; New materials on the law and practice of trusts and the impact of reproductive technologies Recent developments in tribal sovereignty disputes, including McGirt v. Oklahoma, 140 S. Ct. 2452 (2020) Developments in intellectual property, including in copyright and fair use Shifts in fair housing law, including developments involving landlord responsibility for tenant-to-tenant discriminatory harassment Recent Supreme Court developments in the realm of regulatory takings, including Murr v. Wisconsin, 137 S.Ct. 1933 (2017), Knick v. Township of Scott, 139 S. Ct. 2162 (2019); and Cedar Point Nursery v. Hassid (to be decided by the end of this Term) Professors and students will benefit from: Clear, concise, accessible coverage of core property doctrines, through caselaw, statutes, and regulatory materials Fully updated engagement with contemporary controversies in our system of property; and Excellent opportunities for problem- and exercise-based learning in every section

Processes of Constitutional Decisionmaking

Processes of Constitutional Decisionmaking
Author: Paul Brest
Publisher: Aspen Publishing
Total Pages: 240
Release: 2020-08-26
Genre: Law
ISBN: 1543820298

The 2020 Supplement will include new materials on a wide range of different topics raised in 2020, one of the most eventful years in recent memory. New to the 2020 Edition: The Trump impeachment The government’s power to regulate during the coronavirus pandemic The Black Lives Matter protests and constitutional change The Supreme Court’s most recent abortion decision (June Medical) The Court’s latest cases on presidential power Bostock (Title VII) and its implications for gay and transgender constitutional rights

Processes of Constitutional Decisionmaking: Cases and Materials, Eighth Edition, 2023 Supplement

Processes of Constitutional Decisionmaking: Cases and Materials, Eighth Edition, 2023 Supplement
Author: Sanford Levinson
Publisher: Aspen Publishing
Total Pages: 286
Release: 2023-08-21
Genre: Law
ISBN:

​​The Supplement will include the Supreme Court cases from October Term 2022.​ New to the 2023 Edition: Affirmative Action (SFFA v. Harvard College) The Indian Child Welfare Act (Haaland v. Brackeen) Transgender Rights (Doe v. Lapado) Voting Rights (Allen v. Milligan) The Independent State Legislature Theory (Moore v. Harper) The Dormant Commerce Clause (National Pork Producers Council v. Ross) Abortion (Dobbs v. Jackson Women’s Health Organization) The Second Amendment (New York State Rifle & Pistol Association, Inc. v. Bruen, United States v. Rahimi)

Processes of Constitutional Decisionmaking

Processes of Constitutional Decisionmaking
Author: Paul Brest
Publisher: Aspen Publishers
Total Pages: 1912
Release: 2006
Genre: Law
ISBN:

This popular casebook is highly regarded for its ability to provide a solid introduction to the practical realities of constitutional decision-making by taking a distinctive historical approach. In its revised and updated Fifth Edition, PROCESSES OF CONSTITUTIONAL DECISIONMAKING is an invaluable tool for teaching students the origins and development of constitutional doctrine. Proven effective through years of successful classroom use, the casebook: traces the historical, political, and social development of constitutional law, then considers constitutional questions in a broad historical context presents cutting-edge contributions from important contemporary legal scholars discusses seminal cases from the annals of history that show the relevance of historical materials to modern constitutional analysis provides full treatment of the important issues of civil rights, federalism, and separation of powers draws on the combined expertise of an outstanding author team contains particularly strong chapters on the constitutional treatment of sex equality and race Longtime users will find much new information in the Fifth Edition, including: timely coverage of civil liberties during wartime revised and expanded treatment of constitutional rights of sexual orientation minorities more material on rights of the poor and constitutional rights in the welfare state full analysis of new doctrines on federalism and civil rights powers

Rationing the Constitution

Rationing the Constitution
Author: Andrew Coan
Publisher: Harvard University Press
Total Pages: 281
Release: 2019-04-29
Genre: Law
ISBN: 0674986954

In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

Judicial Decision-Making

Judicial Decision-Making
Author: Barry Friedman
Publisher: West Academic Publishing
Total Pages: 966
Release: 2020-04-27
Genre:
ISBN: 9781642422573

This book is the only comprehensive treatment of judicial decision-making that combines social science with a sophisticated understanding of law and legal institutions. It is designed for everyone from undergraduates to law students and graduate students. Topics include whether the identity of the judge matters in deciding a case, how different types of lawyers and litigants shape the work of judges, how judges follow or defy the decisions of higher courts, how judges bargain with one another on multi-member courts, how judges get and keep their jobs, and how the judicial branch interacts with the other branches of government and the general public. The book explains how these individual and institutional features affect who wins and loses cases, and how the law itself is changed. It is built around well-known and accessible disputes such as gay marriage, women's rights, Obamacare, and the death penalty; and it offers students a new way to think about familiar legal issues and demonstrates how legal and social-science perspectives can produce a better understanding of courts and judges.

The Supreme Court

The Supreme Court
Author: Tom S. Clark
Publisher: Cambridge University Press
Total Pages: 455
Release: 2019-03-14
Genre: History
ISBN: 1108422764

Provides a quantitative history of the development of constitutional law in the United States during the past 150 years.