"Summary of federal court regulatory takings jurisprudence ripeness under Williams County, the principal feature of Knick, the exceptions to total taking: nuisance and background principles of a state's law of property"--
This law school study aid contains the history and cases related to the Takings Clause of the United States Constitution. The authors bring their long-time teaching experience to this important area.
The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.
The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
This report encourages governments to “think big” about the relevance of regulatory policy and assesses the recent efforts of OECD countries to develop and deepen regulatory policy and governance.
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
A New York Times Bestseller Winner of the Chicago Tribune Heartland Prize Winner of the Hillman Prize for Book Journalism Named a best book of the year by: the Los Angeles Times the San Francisco Chronicle the Saint Louis Post-Dispatch the Chicago Tribune the Seattle Times "A stunning look at a problem that has dire consequences for our country.”-New York Post The dramatic story of Methamphetamine as it comes to the American Heartland-a timely, moving, account of one community's attempt to confront the epidemic and see their way to a brighter future. Crystal methamphetamine is widely considered to be the most dangerous drug in the world, and nowhere is that more true than in the small towns of the American heartland. Methland is the story of the drug as it infiltrates the community of Oelwein, Iowa (pop. 6,159), a once-thriving farming and railroad community. Tracing the connections between the lives touched by meth and the global forces that have set the stage for the epidemic, Methland offers a vital and unique perspective on a pressing contemporary tragedy. Oelwein, Iowa is like thousand of other small towns across the county. It has been left in the dust by the consolidation of the agricultural industry, a depressed local economy and an out-migration of people. If this wasn't enough to deal with, an incredibly cheap, long-lasting, and highly addictive drug has come to town, touching virtually everyone's lives. Journalist Nick Reding reported this story over a period of four years, and he brings us into the heart of the town through an ensemble cast of intimately drawn characters, including: Clay Hallburg, the town doctor, who fights meth even as he struggles with his own alcoholism; Nathan Lein, the town prosecutor, whose case load is filled almost exclusively with meth-related crime, and Jeff Rohrick, who is still trying to kick a meth habit after four years. Methland is a portrait of a community under siege, of the lives the drug has devastated, and of the heroes who continue to fight the war. It will appeal to readers of David Sheff's bestselling Beautiful Boy, and serve as inspiration for those who believe in the power of everyday people to change their world for the better.