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CasebookPlus Hardbound - New, hardbound print book includes
lifetime digital access to an eBook, with the ability to highlight
and take notes, and 12-month access to a digital Learning Library
that includes self-assessment quizzes tied to this book, leading
study aids, an outline starter, and Gilbert Law Dictionary.
In A Right to Lie?, legal scholar Catherine J. Ross addresses the
urgent issue of whether the nation's highest officers, including
the president, have a right to lie under the Speech Clause, no
matter what damage their falsehoods cause. Does freedom of
expression protect even factual falsehoods? If so, are lies by
candidates and public officials protected? And is there a
constitutional path, without violating the First Amendment, to stop
a president whose persistent lies endanger our lives and our
democracy? Perhaps counter-intuitively, the general answer to each
question is "yes." Drawing from dramatic court cases about
defamers, proponents of birtherism, braggarts, and office holders,
Ross reveals the almost insurmountable constitutional and practical
obstacles to legal efforts to rein in public deception. She
explains the rules that govern the treatment of lies, while also
demonstrating the incalculable damage presidential mendacity may
lead to, as revealed in President Trump's lies about the COVID-19
pandemic and the legitimacy of the 2020 election. Falsehoods have
been at issue in every presidential impeachment proceeding from
Nixon to Trump. But, until now, no one has analyzed why public lies
might be impeachable offenses, and whether the First Amendment
would provide a defense. Noting that speech by public employees
does not receive the same First Amendment protection as the speech
of ordinary citizens, Ross proposes the constitutionally viable
solution of treating presidents as public employees who work for
the people. Charged with oversight of the Executive, Congress
may-and should-put future presidents on notice that material lies
to the public on substantial matters will be deemed a "high crime
and misdemeanor" subject to censure and even impeachment. A Right
to Lie? explains how this approach could work if the political will
were in place.
American public schools often censor controversial student speech
that the Constitution protects. Lessons in Censorship brings
clarity to a bewildering array of court rulings that define the
speech rights of young citizens in the school setting. Catherine J.
Ross examines disputes that have erupted in our schools and courts
over the civil rights movement, war and peace, rights for LGBTs,
abortion, immigration, evangelical proselytizing, and the
Confederate flag. She argues that the failure of schools to respect
civil liberties betrays their educational mission and threatens
democracy. From the 1940s through the Warren years, the Supreme
Court celebrated free expression and emphasized the role of schools
in cultivating liberty. But the Burger, Rehnquist, and Roberts
courts retreated from that vision, curtailing certain categories of
student speech in the name of order and authority. Drawing on
hundreds of lower court decisions, Ross shows how some judges
either misunderstand the law or decline to rein in censorship that
is clearly unconstitutional, and she powerfully demonstrates the
continuing vitality of the Supreme Court's initial affirmation of
students' expressive rights. Placing these battles in their social
and historical context, Ross introduces us to the young protesters,
journalists, and artists at the center of these stories. Lessons in
Censorship highlights the troubling and growing tendency of schools
to clamp down on off-campus speech such as texting and sexting and
reveals how well-intentioned measures to counter verbal bullying
and hate speech may impinge on free speech. Throughout, Ross
proposes ways to protect free expression without disrupting
education.
This popular family law casebook engages students with the
significant changes to the American family and the corresponding
evolution of family law doctrine and policy. In the fifth edition,
all 17 chapters are fully updated to reflect the latest family law
developments, including ones that have occurred since Obergefell v.
Hodges (2015). The book emphasizes that contemporary families take
a variety of forms, including marital and nonmarital adult
relationships, and that constitutional considerations play an
increasingly important role in family law. The fifth edition
preserves and builds on the approach of the earlier editions:
presenting core substantive family law doctrine while also
exploring ongoing and emerging policy debates and discussing the
importance of cross-disciplinary collaborations with experts in
fields such as psychology and accounting. A limited number of new
cases replace older ones in most chapters, and the introductions to
and notes and questions following each lead case, statute, or
article have been thoroughly updated. In addition, problems for
discussion in each chapter-including new and updated problems for
this edition-enable students to apply doctrine in real-life
settings that lawyers face. Contemporary Family Law also introduces
the myriad issues central to family law practice and to a lawyer's
ethical and professional responsibilities. The book includes
material on shifting paradigms in family law practice and the roles
of family lawyers, and devotes separate chapters to professional
ethics, alternative dispute resolution, and private ordering. The
book addresses jurisdictional issues in one integrated chapter. In
addition to providing a grounding in the historical and
contemporary regulation of marriage, the book includes material
throughout on the legal treatment of nonmarital couples and their
children. The book also explores the diverse pathways to legal
parentage and their impact on parent-child and co-parent
relationships. Moreover, because child custody arrangements lead to
some of the most acrimonious family disputes, this casebook devotes
two chapters to custody: the first treats the initial custody
decision, and the second explores continuing litigation concerning
visitation, custody, and key childrearing decisions after the
initial disposition, including disputes involving third parties
such as cohabitants and grandparents. Both custody chapters include
disputes involving nonmarital children. The fifth edition includes
new and expanded material throughout, such as: Issues arising after
Obergefell v. Hodges (2015), the Supreme Court's decision on the
fundamental right of same-sex couples to marry and to have every
state recognize their marriage, and the decision's ramifications
throughout family law, including rules for entering marriage,
parentage, domestic partnerships, civil unions, and other legal
statuses. Changes in marriage regulation, including state bigamy
and legal challenges to them and "child marriage," including
legislative efforts to raise the minimum age of marriage, with
examples of new legislation. Developments involving nonmarital
couples, including Blumenthal v. Brewer's affirmation of Illinois's
policy against allowing economic remedies for nonmarital couples.
Changes in parentage law, including surrogacy legislation, the
latest revision of the Uniform Parentage Act (2017), and the new
Uniform Nonparent Custody and Visitation Act adopted in 2018.
Extensive coverage of debt and family finances, new material drawn
from numerous studies on the current economic climate (replacing
the excerpt from Elizabeth Warren on bankruptcy), as well as new
material on how the 2017 changes to federal tax law affect
families; Discussion of Whole Woman's Health v. Hellerstedt (S. Ct.
2016) and later developments in the courts and in state
legislatures regulating access to abortion; New lead cases on moral
fitness in custody adjudication and domestic violence in custody
decisions with substantially revised notes; a new lead case on
relocation by a custodial parent-here a male nurse-reflecting
changes in the law in many jurisdictions; expanded notes on
parental decisions involving transgender youth; and a new
discussion of disputes over "custody" of animal companions,
commonly known as pets. A full chapter containing updated materials
about domestic violence and its harmful effects on marital and
nonmarital households, and about intrafamily tort actions and
family-related tort actions brought against family members by third
persons. A full chapter on adoption, including the latest trends
and practices in transracial adoption, international adoption by
American parents, and adoption by same-sex couples. A fully updated
chapter on the child support obligations of marital and non-marital
parents.
This popular family law casebook engages students by presenting
core family law doctrine while exploring significant
transformations in American families and cutting-edge policy
debates. It highlights the important role of constitutional
law—and other areas of state and federal law—in shaping family
law. The book invites students to consider questions of family
definition and governmental regulation of families in light of
family law's purposes. It charts family law's evolving approach to
adult-adult and parent-child (and other caretaker-dependent)
relationships, emphasizing that contemporary families take a
variety of forms. The Sixth Edition updates all chapters to reflect
the latest family law developments, such as the legal treatment of
nonmarital families (including plural relationships) and
nonbiological parenting as well as recent Supreme Court decisions.
It integrates material previously covered in separate chapters on
ethical issues in family law practice and jurisdiction into the
contexts in which they arise, such as divorce, child custody, and
division of marital property. The Sixth Edition has new material
highlighting the intersection of family law with race, gender,
class, immigration, sexual orientation, and gender identity. As
with previous editions, the casebook contains ample problems for
students to apply doctrine to realistic factual contexts and
highlights practical dynamics of family law practice. The 6th
edition: Thoroughly examines the impact of recent Supreme Court
cases on family law, including Dobbs v. Jackson Women's Health
Organization (and provides teachers with shorter and longer
versions of that case), and Golan v. Saada Includes attention to
the role of race and racism in laws that shape and regulate the
family, with case law addressing marriage, divorce, and inheritance
rights of formerly enslaved persons and a post-Loving v. Virginia
case challenging the continued requirement that couples disclose
race on a marriage license Provides a restructured chapter on the
legal consequences of marriage, spousal roles within marriage, and
the gender revolution within family law and related fields Includes
new developments on marriage requirements, including state minimum
age laws and common-law marriage rules, and addresses First
Amendment challenges, post-Masterpiece Cakeshop, to civil marriage
equality and state antidiscrimination laws Includes new coverage of
the intersection of immigration and family law Addresses changes in
legal approaches to nonmarital families, including multi-adult
domestic partnerships and the Uniform Cohabitants' Economic
Remedies Act Provides updated treatment of custody and parenting
time issues, including parenting gender-expansive children Provides
a restructured chapter on intimate partner violence (IPV),
including updates on various factors impacting IPV and shifting gun
control statutes and caselaw affecting civil protection orders
Provides new consideration of child support issues, including joint
custody and subsequent families.
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