Criminal Procedure: 2023 Case and Statutory Supplement

Criminal Procedure: 2023 Case and Statutory Supplement

Author: Erwin Chemerinsky

Publisher: Aspen Publishing

Published: 2023-08-12

Total Pages: 150

ISBN-13:

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​​Intended for use with any of the authors’ three casebooks for Criminal Procedure—all of which were revised in 2022—the 2023 Case and Statutory Supplement combines two objectives: first, it covers the cases decided in the 2021-2023 Supreme Court terms; second, it provides important statutory material related to each of the casebooks’ chapters.​ New to the 2023 Edition: Significant new decisions and materials, among them: Analysis of important, recent decisions in the area of Criminal Procedure, including several decisions from the Supreme Court’s most recent terms and discussion of policy issues at the forefront of criminal law Changes in Investigation chapters: New case: Vega v. Tekoh (the ability to sue police for violating Miranda v. Arizona) Changes in Adjudication chapters: New cases, including United States v. Tsarnaev (pretrial publicity and jury selection); Bucklew v. Precythe (method of execution); Denezpi v. United States (dual sovereignty exception to the double jeopardy rule); Samia v. United States (Bruton problems); Smith v. United States (double jeopardy rules in venue cases) Amended Rules 16(a)(1)(G) and 16(b)(1)(C) (Expert Witnesses)


The North Carolina State Constitution

The North Carolina State Constitution

Author: John V. Orth

Publisher: Oxford University Press on Demand

Published: 2013-04-11

Total Pages: 255

ISBN-13: 0199915148

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North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of North Carolina's constitution. Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education." The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.


The Hollow Core of Constitutional Theory

The Hollow Core of Constitutional Theory

Author: Donald L. Drakeman

Publisher: Cambridge University Press

Published: 2021-04-08

Total Pages: 247

ISBN-13: 1108485286

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The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.


The Second Founding

The Second Founding

Author: Ilan Wurman

Publisher: Cambridge University Press

Published: 2020-11-12

Total Pages: 199

ISBN-13: 1108843158

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In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.


Law’s Abnegation

Law’s Abnegation

Author: Adrian Vermeule

Publisher: Harvard University Press

Published: 2016-11-14

Total Pages: 267

ISBN-13: 0674974719

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Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.


How Rights Went Wrong

How Rights Went Wrong

Author: Jamal Greene

Publisher: Houghton Mifflin

Published: 2021

Total Pages: 341

ISBN-13: 1328518116

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An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.