Keeping Faith with the Constitution
Keeping Faith with the Constitution

Author: Goodwin Liu

Publisher: Oxford University Press

Published: 2010-08-05

Total Pages: 274

ISBN-13: 0199752834

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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Revoked
Revoked

Author: Allison Frankel

Publisher:

Published: 2020

Total Pages: 225

ISBN-13:

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"[The report] finds that supervision -– probation and parole -– drives high numbers of people, disproportionately those who are Black and brown, right back to jail or prison, while in large part failing to help them get needed services and resources. In states examined in the report, people are often incarcerated for violating the rules of their supervision or for low-level crimes, and receive disproportionate punishment following proceedings that fail to adequately protect their fair trial rights."--Publisher website.

The Sexual Exploitation of Children
The Sexual Exploitation of Children

Author: Michael T. Flannery

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9781611635409

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This unique book is the first of its kind to address the specific issue of the sexual exploitation of children in a casebook format in a way that provides a measure of consensus and a basis for judicial and legislative responses. The book is suitable for traditional classroom teaching or a seminar setting. With a variety of current and teachable cases, statutes, and commentaries, the authors provide a clear and comprehensive overview of the issues pertaining to the sexual exploitation of children, including the common characteristics of exploiters and their victims; the legal parameters of the interactions between perpetrators and children; and the full nature of commercial exploitation, including child pornography, prostitution, and sex trafficking, and the significance of Internet technology to these issues. The authors provide a strategic perspective of the civil and criminal aspects of the sexual exploitation of children, including mandatory reporting laws; the admissibility of evidence, including expert and child testimony; the application of relevant statutes of limitations; sentencing variables and conditions; and civil commitment and victim restitution reforms. In discussing the Federal and state responses to child sexual exploitation, the authors also address the legal basis for institutional liability, including relevant common law and statutory defenses, insurance coverage, and damages. The authors discuss timely examples of institutional liability, including religious, social, and educational icons, to offer a clear and comprehensive perspective on the need for judicial, legislative, and social reform. This casebook is an ideal resource for a comprehensive but detailed exploration of the practical legal issues involving the sexual exploitation of children. The casebook includes a clear and concise Teacher's Manual, with summaries of all cases and commentaries and notable points of discussion for each case.