This Advanced Introduction discusses the scope of US First Amendment law, considering the available tools and approaches for thinking about constitutional problems involving the government’s regulation of speech, religion, and more. Focusing specifically on the First Amendment as interpreted by the US Supreme Court, it explores the evolution and implementation of the doctrine regarding the freedoms of speech, press, petition, assembly, association, and religion.
Award-winning teacher and respected author of several volumes, Professor Laura Little has written a new book on the First Amendment. Following the proven Examples and Explanations format, the book covers all of the amendment’s major topics – with emphasis on speech and religion. Professor Little presents hypothetical examples that range from simple and straightforward to complex and rich. As a result, students using the book can acquire both basic and advanced knowledge of First Amendment doctrine. Equally important, this approach allows students the opportunity to practice their skill of marshalling arguments on many sides of contested legal issues. With its short chapters, the book is an exceptionally useful complement to any of the available casebooks in the field. Highlights of this E&E study aid (first edition): Professor Little brings her characteristically clear writing style and constitutional law expertise to the subject. The book’s organization enables students to choose the particular topics they need to study and that match the coverage of their course. The topics covered include a comprehensive review of the most recent U.S. Supreme Court decisions on speech, association, and religion as well as cutting edge issues raised by current events, including the COVID-19 pandemic. The concise explication of legal doctrine (and its uncertainties) ensure a baseline of student understanding and maximizes accessibility to difficult, abstract concepts. The book’s balance between simple and complex hypotheticals serves an array of student needs. While providing deep coverage of abstract concepts, the book includes many practical introductions to law practice reality. Professor Little has not only established her reputation as a constitutional scholar, but also comes to the subject with experience as a practicing First Amendment lawyer for the media. Professors and students will benefit from: Adaptable organization allows the book to complement any casebook. Figures, examples, explanations, and varying difficulty in the presented material ensure that the book will serve the needs of a variety of users and will appeal to different learning styles. Balance between theoretical and practical materials enables broad understanding.
This insightful Advanced Introduction provides a kaleidoscopic overview of key US civil liberties, including freedom of speech, press, assembly, and religion, limitations on search and seizure, due process in criminal proceedings, autonomy rights, rights of equality, and democratic participation.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction discusses the scope of US First Amendment law, considering the available tools and approaches for thinking about constitutional problems involving the government's regulation of speech, religion, and more. Focusing specifically on the First Amendment as interpreted by the US Supreme Court, it explores the evolution and implementation of the doctrine regarding the freedoms of speech, press, petition, assembly, association, and religion. Key Features: Examines the strengths and weaknesses of various methods used to interpret the First Amendment Identifies key concepts and principles for understanding the protections provided by the First Amendment Explores the ways in which First Amendment law has developed over time, particularly in relation to changes in technology, politics, and the Supreme Court's membership Illustrates the development of the Supreme Court's thinking about First Amendment issues from the 18th into the 21st centuries Providing an accessible and informative overview of the First Amendment, this Advanced Introduction is an essential resource for undergraduate and graduate students in constitutional and administrative law. It is also a helpful guide to First Amendment law for legal practitioners and professionals, and for those generally curious about this critically important set of constitutional protections.
The First Amendment of the U. S. Constitution begins: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." The Supreme Court has consistently held that these words, usually called the "religion clauses," were meant to prohibit laws that violate religious freedom or equality. In recent years, however, a growing number of constitutional law and history scholars have contended that the religion clauses were not intended to protect religious freedom, but to reserve the states' rights to legislate on. If the states' rights interpretation of the religion clauses were correct and came to be accepted by the Supreme Court, it could profoundly affect the way the Court decides church-state cases involving state laws. It would allow the states to legislate on religion-even to violate religious freedom, discriminate on the basis of religion, or to establish a particular religion. This book carefully, thoroughly, and critically examines all the arguments for such an interpretation and, more importantly, all the available historical evidence. It concludes that the clauses were meant to protect religious freedom and equality of the individuals not the states' rights
Woodrow Barfield and Ugo Pagallo present a succinct introduction to the legal issues related to the design and use of artificial intelligence (AI). Exploring human rights, constitutional law, data protection, criminal law, tort law, and intellectual property law, they consider the laws of a number of jurisdictions including the US, the European Union, Japan, and China, making reference to case law and statutes.
Answering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs’ claims but also the legal reasoning put forward by the courts.
Advanced Introduction to U.S. Disability Law provides a timely and accessible overview of disability law in the United States, focusing primarily on the Americans with Disabilities Act of 1990 (the ‘ADA’). Peter Blanck addresses the social and legislative history leading up to the development of the ADA; coverage and remedies under the ADA’s three main titles; some of the fundamental and recent cases informing the ADA’s interpretation; and current issues facing U.S. courts, law makers, and policy makers.
Providing a comprehensive overview of the current and developing state of environmental governance in the United States, this Advanced Introduction lays out the foundations of U.S. environmental law. E. Donald Elliott and Daniel C. Esty explore how federal environmental law is made and how it interacts with state law, highlighting the important role that administrative agencies play in the creation, implementation, and enforcement of U.S. environmental law.
