This documentary supplement supports the use of Jackson and Tushnetâe(tm)s Comparative Constitutional Law and contains substantial examples from the constitutions discussed in that casebook. The second edition expands the treatment "dialogic" forms of judicial review, presenting material on the British Human Rights Act, and recent scholarly analyses of these forms of review. It incorporates a substantial discussion of the treatment of emergencies in the worlds's constitutional systems, focusing on the extent to which constitutions regulate government operations in emergencies by requiring executives to obtain authorization from legislatures or, in contrast, do so through direct judicial supervision of executive action.
This supplement brings the principal text current with recent developments in the law.
Gerald Gunther, the leading authority on constitutional law has been joined by the distinguished constitutional scholar, Kathleen M. Sullivan, in updating the standard work in the field: Cases & Materials on Constitutional Law, Thirteenth Edition. The new edition maintains the structure of recent editions while thoroughly streamlining material & updating the cases covered. In addition, for the first time, a detailed Teacher's Manual has been prepared to assist current & new users in understanding the breadth & depth of this leading publication. Important features: * Federalism-The latest decisions on clashes between federal & state authority, including Lopez, NY v. U.S., Term Limits, & Seminole Tribe * Equal Protection-Updated focus on current controversies over affirmative action & voting rights * Free Speech-Current controversies from indecent speech on the Internet to proposed regulations of tobacco advertising & campaign money * Religion-The constitutionality & interpretation of the Religious Freedom Restoration Act, & debates over the meaning of religious liberty Constitutional Law has remained on the bookshelves of practitioners long after law school because it is such a comprehensive reference guide to the field of Constitutional Law.
With an Introduction by Justice Alito, this Comparative Constitutional Law casebook stands apart from other casebooks. It focuses on the 15 constitutional democracies in the G-20 Nations: 1) the United States, 2) the United Kingdom, 3) France, 4) Germany, 5) Japan, 6) Italy, 7) India, 8) Canada, 9) Australia, 10) Brazil, 11) South Korea, 12) South Africa, 13) Indonesia, 14) Mexico, and 15) the European Union. The G-20 Nations together comprise 85% of the world's GDP and two-thirds of the world's population. Thus, this casebook maintains a better sense of relevance than similar books, which often focus heavily on esoteric jurisdictions. It is also less Euro-centric than competing books; most chapters include cases from Brazil, Mexico, and India. Substantively, this casebook compares the constitutional law of the selected countries with respect to fourteen topics: 1) constitutionalism - constitutional history, constitution-making, amendment, and secession rules; 2) the emergence and nature of judicial review; 3) the separation of powers, bicameralism, and comparative administrative law; 4) federalism; 5) bills of rights, birthright freedom and equality, and human dignity; 6) equal protection of the laws; 7) freedom of expression; 8) freedom of religion; 9) civil, criminal, and appellate procedure; 10) protection of economic liberties; 11) positive social entitlements and state action; and, finally, 12) constitutional guarantees of democracy. It concludes with ideas that are of particular relevance to U.S. constitutional law. Pedagogically, this casebook contains more cases and fewer law review articles than competing books, making it teacher-friendly. It can be taught in a three-day weekly format, in a two-day weekly format, or in a once-a-week seminar format. It is accompanied by a comprehensive teacher's manual and suggested syllabi.
The Fifth Edition provides in-depth coverage of the freedoms of speech, press and association, as well as the free exercise and establishment clauses. The material covers in freestanding form all the chapters and materials relating to the First Amendment from Sullivan and Feldman's Constitutional Law, Eighteenth Edition. Highlights of the new edition include the state of the law on such contemporary First Amendment problems as restricting corporate expenditures in political campaigns and regulation of speech constituting material support of terror. Students using this casebook will be well-equipped to litigate any area of First Amendment law.
The changed title for the second edition of Professor Young's constitutional law casebook reflects the book's expanded coverage of individual rights. The new edition retains both the first edition's historically-sequenced survey of leading cases from Marbury to Casey and its in-depth focus on contemporary doctrine concerning federalism and separation of powers. But it adds lengthy survey chapters on Due Process and Equal Protection, as well as a final chapter integrating both strands of rights doctrine through a case study of gay rights. Introductory material and notes have been updated throughout, and new principal cases include NFIB v. Sebelius, Zivotofsky v. Kerry, and Obergefell v. Hodges. As before, this casebook is designed to facilitate the introductory Constitutional Law courses taught in most law schools, rather than to attempt a comprehensive survey of the subject. The new edition does offer considerably more flexibility, however, in calibrating the balance between structural issues and individual rights.
A Vital Explanation of Water Law and Policy Because demand for and access to quality water far exceeds the current supply, it is increasingly critical to understand the state and federal laws and policies that govern water rights. From farming, fishing, and biology to manufacturing, mine operation, and public water supply, water regulation affects all strata of society. Determining U.S. Water Rights: Different Systems for Different Needs United States Water Law: An Introduction is a concise overview of law and policy related to U.S. water rights and regulation of water quantity and quality. This wide-ranging book reviews the two major systems used to determine rights in the western and eastern states. It explores these different systems, which are based on the divergent factors affecting the two regions – the immense amount of government-owned property and arid conditions in the west, and ownership of riparian land in the east. The author also covers western states that adhere to the "hybrid" system, which recognizes early riparian rights predating adoption of later appropriation systems, and he explains that most states recognize at least some riparian rights to the use of surface water. Special sections detail regulatory considerations such as Native American rights, environmental regulation, nuisance and tort law, and social theory. Tools to Aid Further Research To elucidate basic principles and differences in water law, this book contains Internet links to state water codes and contact information for regulatory agencies that handle applications. It presents key federal case law and statutes and other features to reinforce the material. For law practitioners and environmentalists to property/business owners acquiring or retaining water rights, this is the ideal primer on water law, with numerous tools to aid in further research.
To explain how constitutions shape and are shaped by women's lives, the contributors to this volume examine constitutional cases pertaining to women in twelve countries. Analyzing jurisprudence about reproductive, sexual, familial, socio-economic, and democratic rights, they focus constructively on women's claims to equality, asking who makes these claims, what constitutional rights inform them, how they have evolved, what arguments work in defending them, and how they relate to other national issues. Their findings reveal significant similarities in outcomes and in reasoning about women's constitutional rights in these twelve countries, challenging the tradition of distinguishing constitutional jurisprudence depending on whether the country has a written or unwritten constitution, subscribes to civil or common law, is a federal or unitary state, limits constitutional adjudication to the public domain, accords international norms binding or subject to incorporation force, or relies on a specialized or general court to adjudicate constitutional matters.
This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.
This supplement brings the principal text current with recent developments in the law.
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism until have recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on " of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical " such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.