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A renowned Yale law professor chronicles the Vermont law and the changes it brings. He refutes charges that the law is an immoral adomination or that it is a terrible compromise (a separate but unequal injustice). Similar laws have been passed all over Europe, and more US States will undoubtedly develop new legislation. He argues that we should all - in the name of liberty, equality,and simple pragmatism - take up the cause.
The Sixth Edition offers a comprehensive and up-to-date
introduction to the vital field of legislation and regulation. It
addresses efforts by President Trump to curtail the powers of the
administrative state, and new Supreme Court decisions reviewing
challenges to these efforts under the Constitution and the
Administrative Procedure Act. In addition, the Sixth Edition
expands its celebrated treatment of statutory interpretation,
examining recent debates among textualists, legal process
advocates, and pragmatists about future directions of
interpretation in a post-Scalia era. The new edition also creates
separate chapters addressed to intrinsic interpretive doctrines
(dictionaries and canons) and extrinsic doctrines (the common law,
legislative background, and other statutes), with each chapter
highlighting recent decisions by the Supreme Court. Finally, the
Sixth Edition includes important updates on the law of the
legislative process—notably developments addressed to equality in
representation; racial and national origin vote dilution; political
gerrymandering; and bribery of public officials. The Sixth Edition
makes a uniquely rich contribution to the field: it is perfect for
1L Legislation and Legislation-Regulation (LegReg) courses, and it
remains the go-to book for upper level courses.
This casebook offers professors and students a doctrinally
comprehensive, theoretically ambitious, and up-to-date exploration
of the treatment of sexuality and gender issues in American public
law. The Fifth Edition opens with the historically grounded first
chapter from earlier editions, which maps the three primary
constitutional themes of liberty, equality, and expression through
the end of the twentieth century. Throughout, the book fully
integrates the ramifications stemming from the latest court
decisions, including Dobbs v. Jackson Women's Health Organization
and new religious liberty decisions and debates. Highlights of the
Fifth Edition include: A probing of where the Court's turn in
recent years toward an equal liberty analysis stands in the wake of
Dobbs, including threats posed by the reversal of Roe v. Wade and
Planned Parenthood v. Casey to the doctrinal foundations of
Lawrence v. Texas and Obergefell v. Hodges. The increasing
prominence of the argument that discrimination against lesbian,
gay, bisexual, transgender and queer-identified persons constitutes
discrimination "because of sex," as recognized by the Supreme
Court's opinion in Bostock v. Clayton County, Georgia, interpreting
Title VII, and the related question of how Bostock will affect
interpretation of the Equal Protection Clause and other
antidiscrimination statutes. Increased coverage of how the First
Amendment and the Religious Freedom Restoration Act are being
deployed aggressively by the Supreme Court to carve out exemptions
and allowances for individuals, companies, and religious
institutions to discriminate against women and LGBTQ persons.
Examples include questions such as whether Fulton v. Philadelphia
limits or partially overrules Obergefell by requiring a government
program to discriminate against same-sex married couples and the
extent to which expansion of "the ministerial exception" undermines
workplace protections. The book's distinctive fourth chapter
introduces the student to natural law theory (which is on the
upswing in federal courts), feminist and other liberal theories,
and postmodern theories claiming that what many people treat as
inflexible and natural are actually contingent, socially
constructed, and dynamic. Increased coverage of issues related to
transgender people in a range of contexts, including custody and
visitation actions involving transgender parents or transgender
children, schools and the workplace, on athletic teams, in the
military, and in prisons. The Fifth Edition expands upon the book's
distinctive integration of sexuality and gender issues and
increases coverage of the racialization of these dynamics in
American law. From its first edition, this casebook has prioritized
inclusion of the perspectives of transgender and intersex persons,
as well as lesbians and straight women, gay men, and bisexuals of
different races and ethnicities. In addition to the opening
segments focused on constitutional law and theory, the remaining
chapters contain the most comprehensive and deepest coverage
available of sexuality and gender issues in the workplace, the
family, schools, the armed forces, and prisons.
The new edition of Farber, Eskridge, Frickey, and Schacter's Cases
and Materials on Constitutional Law exploits two of the most
exciting developments in Constitutional Law teaching in the last
thirty years: the judiciary's dramatic engagement with social
movements and key political debates, and academic and judicial
deployment of original meaning as a central methodology. Thus, the
new edition presents a most systematic introduction of original
meaning methodology for law students, starting with the evolution
of "originalism" in response to the academic debates over Brown v.
Board of Education, and continuing with in-depth examination of
what original meaning teaches us about the Fourteenth Amendment, as
well as the First and Second Amendments, the Commerce Clause and
other authorizations for congressional regulation, and the
separation of powers. The new edition provides in-depth treatment
of the most exciting issues in constitutional law today-including
the validity of affirmative action, the continuing battle over
abortion restrictions, the recognition of same sex marriage and the
continuing clash between claims based on gay rights and those based
on religious freedom, the expanded use of the First Amendment to
limit economic regulation, more aggressive deployment of
justiciability limitations based upon Article III, and issues of
presidential power posed by the current Administration as well as
its recent predecessors. 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.
This casebook offers law professors and students a doctrinally
comprehensive, theoretically ambitious, and up-to-date exploration
of the treatment of sexuality and gender in American public law.
The Fourth Edition extends the historically grounded first chapter
from the Third Edition - establishing the three primary doctrinal
strands of liberty, equality, and expression - through the end of
the twentieth century. The second chapter focuses on the turning
points that now define the field: The post-Roe "undue burden"
standard as it has evolved from Planned Parenthood v. Casey to
Whole Woman's Health v. Hellerstadt; The elimination of criminal
laws against sexual conduct based on morality in Lawrence v. Texas
and queries as to the reach of that principle; and The legalization
of same-sex marriage in Obergefell v. Hodges. Discrimination
against women and against trans- and non-binary persons is
highlighted throughout the book, from the historical chapter
through the most contemporary disputes in workplace and family law.
The book's distinctive chapter on the theoretical debates that
underlay the field contains more coverage of intersectional and
trans-influenced thinking, and a new chapter focuses on the
conflict between equality and religious liberty claims, which
increasingly dominate in both LGBT and reproductive rights cases.
With Professor Courtney Joslin of UC-Davis Law School joining as a
new co-author, Sexuality, Gender, and the Law continues to provide
both the most comprehensive and deepest coverage of this dynamic
field.
This is the first legislation casebook supplement that provides
detailed legislative history and administrative materials to
complement the cases and problems in the main text. At the option
of the instructor, students can read the original materials that
were central to statutory enactment and are debated in leading
federal court decisions ; the Affirmative Action cases (Weber,
Johnson, and Ricci), the Christian Nation case (Holy Trinity), the
Expert Fees cases (West Virginia Hospitals v. Casey and Blanchard
v. Bergeron), the Spotted Owl case (Sweet Home), the Carries a Gun
case (Muscarello), the Bankrupt Family Farm case (Sinclair), and
others. In each instance, the statute-specific materials include an
overview of the enactment process and a set of questions that can
guide student inquiry and help frame classroom discussions
This supplement brings the principal text current with recent
developments in the law.
This supplement brings the principal text current with recent
developments in the law.
Suitable for students or practitioners, this authoritative overview
of the legislative process and statutory interpretation moves
smoothly and understandably between the theoretical and the
practical. You'll find in-depth discussion of such topics as
theories of legislation and representation, electoral and
legislative structures, the role of text and precedent in statutory
interpretation, substantive canons, legislative history, and agency
interpretations. Reap the benefits of the authors' experience,
opinions, and insight and gain a working knowledge of the area.
The 2021 Supplement incorporates important developments that have
arisen or deepened since the publication of the sixth edition of
the casebook in 2020. These developments include Notes on
Reconciliation and the Filibuster in Chapter 1; Supreme Court
decisions addressed to the law of representational structures in
Chapter 2 (Brnovich v. Democratic National Committee) and to
theories of statutory interpretation in Chapter 5 (Bostock v.
Clayton County and Niz-Chavez v. Garland); extended Notes on
original public meaning and a newer textualism in Chapter 5 and a
Note on continuing debate over the series qualifier canon in
Chapter 6 (Facebook Inc. v. Duguid). The Supplement further
includes treatment of a number of recent Supreme Court decisions in
Chapter 8, on appointment and removal (Seila Law LLC v. Consumer
Finance Protection Bureau; Collins v. Yellin; and United States v.
Arthrex); on notice and comment rulemaking (Federal Communications
Commission v. Prometheus Radio Project); and on judicial review of
agency rules (Department of Homeland Security v. Regents of the
Univ. of California); and an extended Note on Executive Orders and
the Regulatory Process in the Trump and Biden Eras. Finally, the
Supplement covers a recent Supreme Court decision addressing
deference to agency interpretations in Chapter 9 (Epic Systems
Corp. v. Lewis).
This supplement brings the principal text current with recent
developments in the law.
The rights of lesbian, gay, bisexual, and transgender persons
(LGBT) are strongly contested by certain faith communities, and
this confrontation has become increasingly pronounced following the
adjudication of a number of legal cases. As the strident arguments
of both sides enter a heated political arena, it brings forward the
deeply contested question of whether there is any possibility of
both communities' contested positions being reconciled under the
same law. This volume assembles impactful voices from the faith,
LGBT advocacy, legal, and academic communities - from the Human
Rights Campaign and ACLU to the National Association of
Evangelicals and Catholic and LDS churches. The contributors offer
a 360-degree view of culture-war conflicts around faith and
sexuality - from Obergefell to Masterpiece Cakeshop - and explore
whether communities with such profound differences in belief are
able to reach mutually acceptable solutions in order to both live
with integrity.
The new edition of Farber, Eskridge, Frickey, and Schacter's Cases
and Materials on Constitutional Law exploits two of the most
exciting developments in Constitutional Law teaching in the last
thirty years: the judiciary's dramatic engagement with social
movements and key political debates, and academic and judicial
deployment of original meaning as a central methodology. Thus, the
new edition presents a most systematic introduction of original
meaning methodology for law students, starting with the evolution
of "originalism" in response to the academic debates over Brown v.
Board of Education, and continuing with in-depth examination of
what original meaning teaches us about the Fourteenth Amendment, as
well as the First and Second Amendments, the Commerce Clause and
other authorizations for congressional regulation, and the
separation of powers. The new edition provides in-depth treatment
of the most exciting issues in constitutional law today-including
the validity of affirmative action, the continuing battle over
abortion restrictions, the recognition of same sex marriage and the
continuing clash between claims based on gay rights and those based
on religious freedom, the expanded use of the First Amendment to
limit economic regulation, more aggressive deployment of
justiciability limitations based upon Article III, and issues of
presidential power posed by the current Administration as well as
its recent predecessors.
The rights of lesbian, gay, bisexual, and transgender persons
(LGBT) are strongly contested by certain faith communities, and
this confrontation has become increasingly pronounced following the
adjudication of a number of legal cases. As the strident arguments
of both sides enter a heated political arena, it brings forward the
deeply contested question of whether there is any possibility of
both communities' contested positions being reconciled under the
same law. This volume assembles impactful voices from the faith,
LGBT advocacy, legal, and academic communities - from the Human
Rights Campaign and ACLU to the National Association of
Evangelicals and Catholic and LDS churches. The contributors offer
a 360-degree view of culture-war conflicts around faith and
sexuality - from Obergefell to Masterpiece Cakeshop - and explore
whether communities with such profound differences in belief are
able to reach mutually acceptable solutions in order to both live
with integrity.
Interpreting Law is an accessible introduction to statutory and
constitutional interpretation by the nation's leading legislation
scholar. This concise treatise not only identifies the primary
"canons" or precepts that guide interpretation, but demonstrates
how they operate and interact, as a matter of both practice and
evolving aspiration. Unlike earlier academic treatises, which
rummage through a potpourri of often arcane Supreme Court
decisions, Professor Eskridge's new book focuses on a statute
prohibiting "vehicles" in Lafayette Park, across the street from
the White House. Each chapter engages the law student and the
experienced practitioner to consider the application of the statute
and its statutory and institutional context to a wide and often
delightful array of situations. As the preface by Justice John Paul
Stevens suggests, the reader will emerge from this book with a
deeply enriched understanding of-and excitement about-legal
interpretation.
This groundbreaking coursebook introduces students to the modern
statutory and regulatory state. Authored by one of the founders of
the legislation field and two leading scholars of Congress, it
explores the regulatory state from the perspectives of Congress and
agencies as well as judges (the traditional focus). The materials
survey the empirical realities and rules under which Congress
enacts statutes, the President and agencies implement them, and
courts review agencies and interpret statutes. Importantly, this
book examines the constitutional and functional structures within
which Congress, the President, and the Supreme Court interact,
making the book accessible to first-year students, with advanced
options for upper-level courses in legislation and administrative
law. The coursebook's unique, real-world focus on both the
legislative process and the linkages between Congress and agencies
sets it apart from more traditional casebooks and gives instructors
useful materials for teaching the next generation of legislation,
legislation-regulation, statutory interpretation, and
administrative law courses.
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