gay rights and the constitution cases and materials coursebook

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Gay Rights And The Constitution

Author : James Fleming
ISBN : 1634602684
Genre :
File Size : 46. 80 MB
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This is the first casebook designed for both liberal arts undergraduates and law students. Considerably shorter than other casebooks, it focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court's holdings in Lawrence v. Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution's commitments to liberty and equal protection encompass rights of same-sex intimate association and marriage. It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other. This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties.

Ordered Liberty

Author : James E. Fleming
ISBN : 9780674070745
Genre : Law
File Size : 21. 29 MB
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Fleming and McClain defend a civic liberalism that takes seriously not just rights but responsibilities and virtues. Issues taken up include same-sex marriage, reproductive freedom, regulation of civil society and the family, education of children, and clashes between First Amendment freedoms of association and religion and antidiscrimination law.

Just Married

Author : Stephen Macedo
ISBN : 0691176337
Genre : Law
File Size : 62. 5 MB
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The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygamy, adult incest, and the dissolution of marriage as we know it. Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. Just Married demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage. Stephen Macedo displays the groundlessness of arguments against same-sex marriage and defends marriage as a public institution against those who would eliminate its special status or supplant it with private arrangements. Arguing that monogamy reflects and cultivates our most basic democratic values, Macedo opposes the legal recognition of polygamy, but agrees with progressives that public policies should do more to support nontraditional caring and caregiving relationships. Throughout, Macedo explores the meaning of contemporary marriage and the reasons for its fragility and its enduring significance. His defense of reformed marriage against slippery slope alarmists on the right, and radical critics of marriage on the left, vindicates the justice and common sense of the emerging consensus. Casting new light on today's debates over the future of marriage, Just Married lays the groundwork for a stronger institution.

An Introduction To The American Legal System Government And Constitutional Law

Author : Diane S. Kaplan
ISBN : 9781454870951
Genre : Political Science
File Size : 28. 56 MB
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This new coursebook introduces students to the relationship among the American constitutional, governmental, and legal systems. With a clear and concise presentation, this book explores historical and contemporary events, judicial opinions, and constitutional provisions that demonstrate how the three systems accommodate social progress in an ever-changing and highly diverse nation. Perfect for LLM courses or even undergraduate classes, this book aims to teach students how to understand constitutional doctrines, brief judicial opinions, and how American history affects contemporary legal issues. Features: Clear and concise presentation and logical organization of material making it an excellent introductory book to the American legal system Inclusion of modern cases on relevant topics, such as same-sex marriage, legalization of marijuana, and homicidal laws affecting juveniles Chapter questions that facilitate basic legal analysis through hypotheticals, opinion briefing, and application of constitutional provisions Inclusion of important historical and political events, such as lawsuits brought against Presidents, congressional impeachment powers, the Electoral College System, the Supreme Court s resolution of voting issues, the Civil War and post Civil War constitutional amendments, the Civil Rights movement, presidential and congressional war powers, and Supreme Court opinions about Guantanamo Bay detainees

Law And Religion

Author : Leslie C. Griffin
ISBN : 1599416484
Genre : Political Science
File Size : 42. 43 MB
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The second edition continues the book's interdisciplinary approach to law and religion, including background materials about the religions involved in the cases and readings about comparative religion. The comparative law sections analyze international protection of religious freedom in comparison and contrast with U.S. law. The new edition features recent Supreme Court religion cases O Centro and Summum and considers lower court rulings in anticipation of cases currently before the Court, including the public cross case from California And The Hastings Law School Christian Legal Society case. A variety of state and federal cases addressing issues not resolved by the U.S. Supreme Court is also included. The relationship between science and religion receives extended treatment in Chapter 8. Updated treatment of RLUIPA is included in Chapter 4.

Cases And Materials On Constitutional Law

Author : David Crump
ISBN : 0820502618
Genre :
File Size : 23. 67 MB
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Traditional in organization & approach, this casebook nevertheless provides a practical focus to the study of constitutional law through inclusion of actual litigation documents from cases discussed.

Child Family And State

Author : Robert H. Mnookin
ISBN : 9781454845553
Genre : Law
File Size : 65. 53 MB
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A landmark publication in its first edition, this was one of the first books to explore the full range of legal questions relating to children. This casebook presents an outstanding selection of cases and materials that reflect social and historical perspectives, law, and policy. Features:“/p> Life without Possibility of Parole for Persons Who Commit Crimes as Juveniles Graham v. Florida, 130 S. Ct. 2011 (2010) Miller v. Alabama, 132 S. Ct. 2455 (2012) Juveniles' Fourth Amendment Rights Safford Unified School District v. Redding, 557 U.S. 364 (2009) Juveniles Miranda Rights J.D.B. v. North Carolina, 131 S. Ct. 2394 (2011) Juveniles First Amendment Rights Brown v. Entertainment Merchants Assn.,131 S. Ct. 2729 (2011)

The End Of Straight Supremacy

Author : Shannon Gilreath
ISBN : 9781139504713
Genre : Law
File Size : 28. 28 MB
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Rooted in the politics and theories of early gay liberation and radical feminism, Shannon Gilreath's The End of Straight Supremacy presents a cohesive theory of gay life under straight domination. Beginning with a critique of formal equality law, centering on the 'like-straight' demands of liberal equality theory as highlighted in Lawrence v. Texas, Gilreath moves to criticize the gay movement itself, challenging the assimilation politics behind the movement's blithe acceptance of discrimination in the guise of free speech and pornography in the name of sexual liberation, as well as same-sex marriage and transsexuality as tools of straight hegemony. Ultimately, Gilreath rejects both the liberal demand for gay erasure in exchange for meager legal progress and the gay establishment agenda. In The End of Straight Supremacy, Gilreath calls gays and their allies to the difficult task of rethinking what liberation and equality really mean.

Conflict Of Laws

Author : R. Lea Brilmayer
ISBN : 9781454860914
Genre : Law
File Size : 77. 82 MB
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Written by leading Conflicts scholars, this casebook presents a balanced study of Conflict of Laws. The books starts with a discussion of traditional approaches to choice-of-law problems, followed by an examination how modern courts and commentators have struggled to formulate more responsive approaches. The remaining broad topics--constitutional limitations on choice of law, the Erie doctrine, personal jurisdiction, conflicts in the federal system, recognition of judgments, conflicts in the international context, choosing legal regimes and choice of law in complex litigation--are considered in light of the wisdom derived from consideration of the basic choice-of-law problems. Key New Features: Chapter on Conflict of Laws in the Federal System, which was deleted in the 6th edition, is added back at the request of adopters; the chapter does not attempt a comprehensive coverage of issues that are typically addressed in a civil procedure or federal jurisdiction course but instead focuses on the federalism questions that are relevant to conflict of laws. Addition of Goodyear v. Brown and Daimler v. Bauman to the chapter on personal jurisdiction, two Supreme Court cases that greatly modernize the subject New discussion of the impact of law and economics on choice of law theory Discussion of new cases on post-9/11 scope of constitutional limits New examples pertaining to recognition of judgments in domestic relations cases, e.g., child kidnapping Continued coverage of the First Restatement rules that continue to be important, with less emphasis on First Restatement rules of less relevance today. Re-introduction of discussion of New York cases addressing choice of law theory, with focus on important new cases

Jurisprudence

Author : Robert L. Hayman
ISBN : STANFORD:36105060249757
Genre : Law
File Size : 28. 68 MB
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This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.

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