This law school study aid discusses the scope of the commerce power, federalism-based restrictions on that power, and limitations imposed by the... "dormant Commerce Clause" principle on both state regulatory and state taxing measures. The book also sheds light on the broader context in which the Commerce Clause operates by considering the roots of modern Commerce Clause doctrine in McCulloch v. Maryland and limits on congressional authority that exist apart from the commerce power, including the power to tax and to spend. It also reviews the ability of Congress to preempt state law under the Supremacy Clause through affirmative legislation.

An incomparably clear and contemporary introduction to the field, Constitutional Law decodes the "legalese," simplifies jurisprudence, and examines... those specific provisions that govern the day-to-day work of criminal justice personnel while protecting the individual rights of whom they serve. Part one's highly organized sequencing and structure explains legal concepts and principles in digestible sections, breaking complex ideas down into parts and making them easier to swallow. The first chapter summarizes the organization and content of the Constitution, providing an overview of our judicial system and how cases reach the Supreme Court. The next five chapters provide in-depth coverage of constitutional restrictions on police authority to detain, arrest, use force, search for and seize evidence, engage in technologically assisted surveillance, interrogate suspects, and obtain confessions. The next three chapters cover the Fifth Amendment privilege against compulsory self-incrimination, the Fourth Amendment defense against highly intrusive bodily searches, Due Process requirements for witness identification procedures, a criminal defendant's right to counsel, and the constitutional safeguards applicable during the trial and punishment phases of a criminal case. The final chapter covers the constitutional and other legal protections criminal justice professionals enjoy in their capacity as employees, as well as their civil liability for violating the constitutional rights of others. The second part of the book contains approximately 200 pages of summarized cases which have been newly edited to ensure accessibility. These cases are specifically mapped to individual chapter topics to help you learn the doctrines and methods of constitutional argument, as well as how these can applied in a variety of prospective scenarios.* Updated with current constitutional decisions and precedents that reflect those issues of most concern to criminal justice professionals. * Each chapter begins with a outline, concludes with a summary, and includes boxed key terms and concepts. * A highly organized structure explains legal concepts and principles in digestible sections, breaking complex ideas down into parts and making them easier to grasp. * Part II contains briefs of key judicial decisions that exemplify how constitutional provisions covered earlier have been interpreted.

Presents an up-to-date analysis of critical constitutional issues. Special attention is given to issues of greatest concern to criminal justice... personnel - detention, arrest, search and seizure, interrogations and confessions, self-incrimination, due process, and right to counsel. Also includes constitutional aspects of criminal and civil liabilities of justice personnel, and constitutional and civil rights in the workplace. Part II presents key cases to assist in interpreting the constitutional provisions.Each chapter includes chapter outline, key terms and concepts, as well as numerous boxes defining terms and elaborating on the text.Part II contains briefs of judicial decisions related to the topics covered in the the text, in order to help the reader learn rule of law as well as the reasoning of the court that guides future court rulings.Part III contains the Constitution of the United States of America, a Glossary and a Table of Cases.

Much has been written about the Spanish Civil War's effects on Spain and its citizens, but little attention has been paid to the women involved in the... conflict. In this beautifully written biographical work, Paul Preston tells the forgotten war stories of four exceptional women whose lives were starkly altered by the war.The portraits in this provocative, yet objective volume mirror the war itself, with the left pitted against the right. On the left side are Margarita Neken, the revolutionary feminist, writer, and politician; and Nan Green, the communist nurse who left her children behind in England to fight against fascism alongside her husband in the International Brigades. On the right side are Mercedes Sanz Bachiller, the most powerful woman in the Francoist zone; and Priscilla Scott-Ellis, the wealthy English socialite who, lured to Spain by love, stayed on to help the fascist war effort as a nurse on the front lines.

Constitutional Litigation Under § 1983 exhaustively analyzes the varied problems that arise in civil rights suits alleging violations of the United... States Constitution. The cases, questions, and commentary not only survey the stumbling blocks plaintiffs and defendants are likely to encounter in this type of federal litigation, but also address peculiar problems that tend to arise with specific constitutional rights - such as the Fourth Amendment's proscription on unreasonable searches and seizures, the Fifth Amendment's requirement of just compensation, and the Due Process Clause's requirements for properly extracting taxes. Topics include: –The elements of a § 1983 claim; –Sovereign immunity and the Eleventh Amendment's protection of state governments; –Local government liability for constitutional wrongs; –The availability of damages, declaratory judgments, and injunctive relief; –Absolute and qualified immunities for governmental officials; –Exhaustion of remedies before state agencies and courts; –Choice of law issues; –Res judicata and collateral estoppel; –Federal abstention doctrines; –The availability of relief against private persons; and –The availability of fee-shifting for successful litigants.This new book focuses on the particular problems that arise in litigation against states, local governments, and their agents under the United States Constitution. Constitutional Litigation Under § 1983 is constructed to serve as the principal reading for a two- or three-hour course. The book uses the United States Constitution as a tool to convey to the student a succinct understanding of the policies, procedures, problems, and precedents that surround federal litigation with the government.The Appendix to Constitutional Litigation Under § 1983 includes the text of relevant provisions in the United States Constitution, together with the text of pertinent statutes and procedural rules.

Constitutional Odyssey is an account of the politics of making and changing Canada's constitution from Confederation to the present day. Peter H.... Russell frames his analysis around two contrasting constitutional philosophies – Edmund Burke's conception of the constitution as a set of laws and practices incrementally adapting to changing needs and societal differences, and John Locke's ideal of a Constitution as a single document expressing the will of a sovereign people as to how they are to be governed.The first and second editions of Constitutional Odyssey, published in 1992 and 1993 respectively, received wide-ranging praise for their ability to inform the public debate. This third edition continues in that tradition. Russell adds a new preface, and a new chapter on constitutional politics since the defeat of the Charlottetown Accord in 1993. He also looks at the 1995 Quebec Referendum and its fallout, the federal Clarity Act, Quebec's Self-Determination Act, the Agreement on Internal Trade, the Social Union Framework Agreement and the Council of the Federation, progress in Aboriginal self-determination such as Nunavut and the Nisga'a Agreement, and the movement to reduce the democratic deficit in parliamentary government.Comprehensive and eminently readable, Constitutional Odyssey is as important as ever.

Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called... "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court.In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.

Written in an accessible and provocative style, this text illuminates the reality of constitutional rights by examining and unmasking commonly held... beliefs about legal protections for individuals in the criminal justice system.

This text details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated... confinement, access to the courts, parole, right to medical aid and liabilities of prison officials. Highlighted topics include application of the Americans with Disabilities Act to prisons, protection given to HIV-positive inmates, and actions of the Supreme Court and Congress to stem the flow of prison litigation. Part II contains Judicial Decisions Relating to Part I.Part II contains briefs of judicial decisions related to the topics covered in the the text, in order to help the reader learn rule of law as well as the reasoning of the court that guides future court rulings.Appendices include Amendments to the Constitution of the United States of America, related court rulings, and a table of cases.

Most of us regard the Constitution as the foundation of American democracy. How, then, are we to understand the restrictions that it imposes on... legislatures and voters? Why, for example, does the Constitution allow unelected judges to exercise so much power? And why is this centuries-old document so difficult to amend? In short, how can we call ourselves a democracy when we are bound by an entrenched, and sometimes counter-majoritarian, constitution? In Constitutional Self-Government, Christopher Eisgruber focuses directly on the Constitution's seemingly undemocratic features. Whereas other scholars have tried to reconcile these features with majority rule, or simply acknowledged them as necessary limits on democracy, Eisgruber argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy. In an original and provocative argument, he contends that legislatures and elections provide only an incomplete representation of the people, and he claims that the Supreme Court should be regarded as another of the institutions able to speak for Americans about justice. At a pivotal moment of worldwide interest in judicial review and renewed national controversy over the Supreme Court's role in politics, Constitutional Self-Government ingeniously locates the Constitution's value in its capacity to sustain an array of institutions that render self-government meaningful for a large and diverse people.

This text covers the central debates in contemporary American constitutional theory and demonstrates the connection between theory and judicial... practice, politics, and academic scholarship. This foundation prepares students to analyze the events in which constitutional theory is likely to play a significant role, such as Supreme Court confirmations proceedings, separation of powers conflicts, and constitutional interpretation and political disputes regarding civil rights and civil liberties. Among the topics explored in the Third Edition of Constitutional Theory are: •   The relevance and significance of theory to constitutional adjudication in general;•   Theories of constitutional change;•   Theories of judicial review, including judicial activism and restraint, the countermajoritarian difficulty, the philosophical critique of judicial review, and the debate over judicial supremacy;•   Major sources and methods in constitutional interpretation, such as the text, framers' intent and the "new originalism," structure, precedent, and moral reasoning, and present controversies concerning their use;•   Major schools of jurisprudence that have contributed to constitutional theory, presenting and critiquing liberal, conservative, feminist, and critical race perspectives; and •   Alternative perspectives, including those from political science, in understanding constitutionalism and the historical development of constitutional theory.Throughout, selections present opposing views to make students aware of existing conflicts and to facilitate discussion.

This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles... articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The Second Edition of Constitutional Torts builds on the original work in a number of important ways:The Second Edition includes both the most recent Supreme Court opinions and extensive coverage of lower court decisions. Studying circuit and district court decisions is crucial to understanding the developing law of § 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems.The Second Edition gives expanded coverage of the substantive constitutional claims that provide the basis for most § 1983 claims. For example, the Second Edition includes materials addressing the content of the terms "liberty" and "property" in the Fourteenth Amendment, the First Amendment retaliation claims of government employees, and the Fourth, Fourteenth, and Eighth Amendment claims of persons alleging they were victims of excessive force by law enforcement officials. It is especially important to cover these materials in a § 1983 book, since they are largely ignored in standard constitutional law casebooks.At the same time, the materials continue to emphasize the "tort" aspects of § 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation.The Second Edition offers exceptionally comprehensive coverage of remedial issues. It provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation.

This three-hole punched, alternative loose-leaf version of the hardbound book is printed on 8 1/2 x 11 inch paper with wider margins and the same... pagination – offered at a substantially lower price than the hardbound book. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The Second Edition of Constitutional Torts builds on the original work in a number of important ways: •   The Second Edition includes both the most recent Supreme Court opinions and extensive coverage of lower court decisions. Studying circuit and district court decisions is crucial to understanding the developing law of § 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems. •   The Second Edition gives expanded coverage of the substantive constitutional claims that provide the basis for most § 1983 claims. For example, the Second Edition includes materials addressing the content of the terms ""liberty"" and ""property"" in the Fourteenth Amendment, the First Amendment retaliation claims of government employees, and the Fourth, Fourteenth, and Eighth Amendment claims of persons alleging they were victims of excessive force by law enforcement officials. It is especially important to cover these materials in a § 1983 book, since they are largely ignored in standard constitutional law casebooks. •   At the same time, the materials continue to emphasize the ""tort"" aspects of § 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. •   The Second Edition offers exceptionally comprehensive coverage of remedial issues. It provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation.