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Detailed yet highly readable, this book explores essential and illuminating primary source documents that provide insights into the history, development, and current conceptions of the First Amendment to the Constitution. The freedom to speak one's mind is a subject of great importance to most Americans but especially to students, minorities, and those who are socially or economically disadvantaged—individuals whose voices have historically been censored or marginalized in American society. Documents Decoded: Freedom of Speech offers accessible, student-friendly explanations of specific developments in freedom of speech in the United States and carefully excerpted primary documents, making it an indispensable resource for educators seeking to teach the First Amendment and for students wanting to learn more about important free-speech decisions. The chronologically ordered documents explore topics typically covered in American history and government curricula, addressing such contemporary issues as the regulation of online speech, flag desecration, parody, public school student speech, and the Supreme Court's recent decisions on the issue of corporate speech rights.
Recognizing that the quality of governance is a crucial factor in the overall development of a country, experts on government ethics and law enforcement examine the principles that need to be applied to create more effective and efficient governments. While focusing on the approaches adopted by the City of New York, case studies from around the world are also given. As the essays make clear, it is difficult to over estimate the importance of authorities to set proper ethical standards and regulations while operating on the basis of transparency, predictability, and accountability. An important resource for scholars, researchers, and policy makers involved with public administration issues.
In the wake of Brown v. Board of Education, racial equality in American public education appeared to have a bright future. But, for many, that brightness dimmed considerably following the Supreme Court's landmark decision in Milliken v. Bradley (1974). While the literature on Brown is voluminous, Joyce Baugh's measured and insightful study offers the only available book-length analysis of Milliken, the first major desegregation case to originate outside the South. As Baugh chronicles, when the city of Detroit sought to address school segregation by busing white students to black schools, a Michigan statute signed by Gov. William Milliken overruled the plan. In response, the NAACP sued the state on behalf of Ronald Bradley and other affected parents. The federal district court sided with the plaintiffs and ordered the city and state to devise a "metropolitan" plan that crossed city lines into the suburbs and encompassed a total of fifty-four school districts. The state, however, appealed that decision all the way to the Supreme Court. In its controversial 5-4 decision, the Court's new conservative majority ruled that, since there was no evidence that the suburban school districts had deliberately engaged in a policy of segregation, the lower court's remedy was "wholly impermissible" and not justified by Brown--which the Court said could only address de jure, not de facto segregation. While the Court's majority expressed concern that the district court's remedy threatened the sanctity of local control over schools, the minority contended that the decision would allow residential segregation to be used as a valid excuse for school segregation. To reconstruct the proceedings and give all claims a fair
hearing, Baugh interviewed lawyers representing both sides in the
case, as well as the federal district judge who eventually closed
the litigation; plumbed the papers of Justices Blackmun, Brennan,
Douglas, and Marshall; talked with the main reporter who covered
the case; and researched the NAACP files on Milliken. What emerges
is a detailed account of how and why Milliken came about, as well
as its impact on the Court's school-desegregation jurisprudence and
on public education in American cities.
Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.
The Fifth Amendment is typically equated in both popular and legal discourse with the privilege against self-incrimination. This concept, Garcia reminds us, represents an incomplete view of the amendment. Often forgotten are the other two criminal clauses embodied in the text of the amendment: the right to a grand jury indictment for a serious crime and the freedom from double jeopardy for the same offense. Garcia emphasizes the relationship among these criminal protections. Historical developments suggest that these seemingly disparate provisions have common threads: to provide constitutional protection for all trial-related rights. Underlying these constitutional provisions is the need to check the potential abuse of governmental power over the individual. Indeed, this theme permeated the historical backdrop to the Fifth Amendment. Finally, Garcia examples the practical ties of these clauses. The right to a grand jury indictment, the privilege against self-incrimination and the protection against double-jeopardy represent points in the continuum of the criminal justice process. An important resource for scholars and students involved with Amerian constitutional law, criminal justice, and criminology.
This volume traces the history of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution. It shows that the constitutional guarantee against double jeopardy has its roots in ancient Jewish and early Greek and Roman law. After recapping the history of the clause the Supreme Court's current interpretation of the clause is explained. This book describes the circumstances in which the premature termination of an individual's trial bars a subsequent trail for the same offense. It also examines when the Clause prohibits the government from imposing multiple punishments for the same offense. The final chapter includes a discussion of bibliographical sources.
This accessible guide is intended for those persons who need to polish up their rusty maths, or who need to get a grip on the basics of the subject for the first time. Each concept is explained, with appropriate examples, and is applied in an exercise. The solutions to all exercises are set out in detail. The book uses informal conversational language and will change the perception that mathematics is only for special people. The author has taught the subject at different levels for many years.
Some towns in Nevada have legal brothels where sex can be bought lawfully, yet in Las Vegas, prostitutes and their patrons are regularly prosecuted for exchanging sex for money, just as they are elsewhere in the United States. While sex work has long been controversial, it has become even more contested over the past decade as laws, policies, and enforcement practices have become more repressive in many nations, partly as a result of the ascendancy of interest groups committed to the total abolition of the sex industry. Legalizing Prostitution maps out the current terrain. Using America as a backdrop, Weitzer draws on extensive field research in the Netherlands, Belgium, and Germany to illustrate alternatives to American-style criminalization and marginalization of sex workers. These cases are then used to develop a roster of "best practices" that can serve as a model for other nations considering legalization. Legalizing Prostitution provides a theoretically grounded comparative analysis of political dynamics, policy outcomes, and red-light landscapes in nations where prostitution has been legalized and regulated by the government, presenting a rich and novel portrait of the multifaceted world of legal sex for sale.
Wikus Lombaard is 'n nice ou. Hy is kaptein van die eerste rugbyspan en met sy dodelike skopskoen het hy sy span al meermale uit die verknorsing gered. En sy meisie, Marissa, is die mooiste in die skool. En al sukkel Wikus nou so 'n bietjie met die wiskunde, is dit ook nie die ergste nie. Met Marissa by hom en die rugby wat voorle, is dinge doodreg – hy weet mos immers waaroor dit gaan in die lewe, veral noudat hy in die vakansie met sy suster se vriendin gevry het – behoorlik gevry. All-the-way. Maar in hierdie laaste skooljaar van hom, kort voor sy deelname aan die Cravenweek, loop dinge skeef. Lelik skeef. Vir die eerste keer ontdek Wikus dat die lewe ook reels het. En dat dit nie net in rugby is dat 'n ou van die veld afgejaag kan word nie.
E.T. Meyer matrikuleer in Windhoek, gaan studeer in Suid-Afrika en gee daarna by verskeie skole in die destydse Suidwes onderwys. In sy drie bundels kortverhale, Die vlieende Ovambo, Waar’s my Tande en Tussen krokodille en Kavangovroue herroep hy die ligte kant en verrassende situasies wat hy destyds in hierdie ruwe omstandighede teegekom het.
If America's environmental laws and regulations are left unchanged, they will ultimately contribute to the destruction of the human and natural environments. Dunn and Kinney argue that the environmental movement as it now operates is counterproductive; solutions can be found only through rational, non-political efforts based on reality, not ideological propaganda. The authors show what the facts are and how they have been distorted to benefit what are often misguided, self-serving political agendas. For anyone uncertain of the facts and baffled by conflicting viewpoints, "Conservative Environmentalism" will come as fresh air, bringing hope and encouragement that solutions are possible. The greatest environmental gains in human history have occurred in democratic First World nations over the past century--nations that have not only expanded their natural resources but also improved the human condition. The environmental Left has largely ignored these gains, stressing imperfections and promoting fear through unfounded, unproven theories or deceptions. specious evidence. To solve the problems they see, the Left uses regulations that severely impede technology and efficient productivity--the very things that improve environmental conditions. Rather than supporting the regulation of industrial productivity, Dunn and Kinney argue for its expansion. The authors compare downside and upside effects of environmental actions in both First World and Third World countries and examine the negative effects that U.S. EPA and U.S. AID edits and proscriptions have on development and the environment.
Americans value privacy as one of their most cherished rights, yet the word "privacy" isn't even mentioned in the U.S. Constitution. It took the Supreme Court's ruling in Griswold v. Connecticut (1965) to bestow constitutional protection upon this right. That remains one of the Court's most hotly debated rulings and led directly to an even more controversial decision in Roe v. Wade (1973). John Johnson's masterly critique of Griswold-which observes its 40th anniversary on June 7, 2005--reminds us once again of its crucial impact on both American law and society. Johnson explores Griswold's origins in a challenge to Connecticut's 1879 anti-contraception law, provides a detailed narrative of its progress, examines the unfolding of the newly secured right of privacy up to recent controversies over same-sex relations, and grounds the story in two key contexts: the struggle within one state to establish the right to birth control and the national debate over the right of privacy. He also provides important insights into the Supreme Court decision in Poe v. Ullman (1961), which rejected challenges to the Connecticut's law and was itself immediately challenged. In response to Poe, Planned Parenthood opened a clinic in New Haven to dispense birth control advice and devices to married women. Ten days later, a local prosecutor shut the clinic down and indicted executive director Estelle Griswold and her medical director, C. Lee Buxton. Tracing the progress of Griswold's case, Johnson clarifies how privacy or "the right to be let alone" became a judicially constructed right. In one of the most idiosyncratic opinions in the Court's history, Justice William O. Douglas ruled that "emanations" from five constitutional amendments afforded protection to the right of privacy, while several other justices proposed competing rationales in support. As he unravels this fascinating tale, Johnson reveals a multifaceted decision that was not in fact the doctrinal novelty that many scholars have argued. For two generations, Griswold has functioned as the legal basis
for judicial rulings involving issues of sexual intimacy,
reproductive rights, and family life. Even today, it continues to
set the agenda for debates about privacy in American life and about
how the Constitution itself should be interpreted. Johnson's deft
and incisive analysis of the case will interest anyone concerned
about the nature, scope, and future of privacy in America.
Consider the horror we feel when we learn of a crime such as that committed by Robert Alton Harris, who commandeered a car, killed the two teenage boys in it, and then finished what was left of their lunch. What we don't consider in our reaction to the depravity of this act is that, whether we morally blame him or not, Robert Alton Harris has led a life almost unimaginably different from our own in crucial respects. In "Does Law Morally Bind the Poor? or What Good's the Constitution When You Can't Buy a Loaf of Bread?," author R. George Wright argues that while the poor live in the same world as the rest of us, their world is crucially different. The law does not recognize this difference, however, and proves to be inconsistent by excusing the trespasses of persons fleeing unexpected storms, but not those of the involuntarily homeless. He persuasively concludes that we can reject crude environmental determinism without holding the most deprived to unreasonable standards.
Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked and make your answers stand out. See how an expert crafts answers to up to 50 questions on EU Law. Discover how and why different elements of the answer relate to the question in accompanying Guidance. Plan answers quickly and effectively using Answer plans and Diagram plans. Gain higher marks with tips for advanced thinking in Make your answer stand out. Avoid common pitfalls with Don't be tempted to. Compare your responses using the Try it yourself answer guidance on the companion website. Practice answering questions and discover additional resources to support you in preparing for exams on the Companion website. |
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