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| zivotofsky v kerry casebriefs: The Law of the Executive Branch Dr. Louis Fisher, 2014-01-03 The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch. The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of inherent presidential powers that may not be checked by other branches; and executive privilege. |
| zivotofsky v kerry casebriefs: Introduction to Law Jaap Hage, Bram Akkermans, 2014-08-12 This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed. |
| zivotofsky v kerry casebriefs: On Questions of Public Law Cornelius Von Bynkershoek, 1995-11-01 |
| zivotofsky v kerry casebriefs: Hart and Wechsler's the Federal Courts and the Federal System Supplement Richard H. Fallon, JR., John F. Manning, Daniel J. Meltzer, David L. Shapiro, 2008-07 This 2008 Supplement updates the main text with recent developments. Topics discussed include the development and structure of the federal judicial system; cases and controversies; the original jurisdiction of the Supreme Court; the distribution of judicial power among federal and state courts; review of state court decisions by the Supreme Court; civil actions in the district courts; federal common law; jurisdiction of the district courts; suits challenging official action; limitations on district court jurisdiction; federal habeas corpus; problems of district court jurisdiction; and appellate review of federal decisions. |
| zivotofsky v kerry casebriefs: Dignity Rights Erin Daly, 2020-10-09 Originally published in 2012, Dignity Rights is the first book to explore the constitutional law of dignity around the world. In it, Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies. This updated edition features a new preface by the author, in which she articulates how, over the past decade, dignity rights cases have evolved to incorporate the convergence of human rights and environmental rights that we have seen at the international level and in domestic constitutions. |
| zivotofsky v kerry casebriefs: Foreign Affairs and the Constitution Louis Henkin, 1975 |
| zivotofsky v kerry casebriefs: China/Taiwan Shirley A. Kan, 2011 Despite apparently consistent statements in 4 decades, the U.S. ¿one China¿ policy concerning Taiwan remains somewhat ambiguous and subject to different interpretations. Apart from questions about what the ¿one China¿ policy entails, issues have arisen about whether U.S. Presidents have stated clear positions and have changed or should change policy, affecting U.S. interests in security and democracy. Contents of this report: (1) U.S. Policy on ¿One China¿: Has U.S. Policy Changed?; Overview of Policy Issues; (2) Highlights of Key Statements by Washington, Beijing, and Taipei: Statements During the Admin. of Nixon, Ford, Carter, Reagan, George H. W. Bush, Clinton, George W. Bush, Clinton, and Obama. A print on demand report. |
| zivotofsky v kerry casebriefs: King V. Stevenson , 1970 |
| zivotofsky v kerry casebriefs: Fallen Founder Nancy Isenberg, 2007 Challenges popular beliefs about the Revolutionary era figure, revealing how Alexander Hamilton subverted Burr's career through a slanderous letter-writing campaign, in a portrait that presents evidence of Burr's political talents and dedicated patriotism |
| zivotofsky v kerry casebriefs: Article III Standing Landmark Publications, 2021-03-24 THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, discuss and interpret the doctrine of Article III standing. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Article III standing is part and parcel of the constitutional mandate that the judicial power of the United States extend only to 'cases' and 'controversies.' See Libertarian Party of Virginia v. Judd, 718 F.3d 308, 313 (4th Cir. 2013) (quoting U.S. Const. art. III, § 2). That constitutional mandate thus requires a party invoking a federal court's jurisdiction to demonstrate standing. See Wittman v. Personhuballah, ___ U.S. ___, 136 S. Ct. 1732, 1736, 195 L.Ed.2d 37 (2016). To that end, the irreducible constitutional minimum of standing contains three elements: (1) the plaintiff must have suffered an injury-in-fact, which (2) must be causally connected to the conduct complained of, and that (3) will likely be redressed if the plaintiff prevails. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). As no case or controversy exists without injury-in-fact, it is the [f]irst and foremost element of Article III standing. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 103, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998).In order to establish injury-in-fact, a plaintiff must show that she suffered an invasion of a legally protected interest-i.e., an injury-that is concrete and particularized. See Lujan, 504 U.S. at 560, 112 S.Ct. 2130. Crucially, concreteness and particularization are distinct requirements for injury-in-fact; the former is quite different from the latter. See Spokeo, Inc. v. Robins, ___ U.S. ___, 136 S. Ct. 1540, 1548, 194 L.Ed.2d 635 (2016). An injury is particularized if it affect[s] the plaintiff in a personal and individual way. Id. And an injury is concrete if it is de facto-that is, if it actually exist[s]. Id.Concrete injuries are not, however, limited to those injuries that result in tangible harm. See Spokeo, 136 S. Ct. at 1549. Indeed, injury-in-fact is often predicated on intangible harm. See, e.g., Fed. Election Comm'n v. Akins, 524 U.S. 11, 24-25, 118 S.Ct. 1777, 141 L.Ed.2d 10 (1998) (informational injury); Lujan, 504 U.S. at 562-63, 112 S.Ct. 2130 (aesthetic injury); Heckler v. Mathews, 465 U.S. 728, 739-40, 104 S.Ct. 1387, 79 L.Ed.2d 646 (1984) (stigmatic injury). Notwithstanding, a statutory violation is not necessarily synonymous with an intangible harm that constitutes injury-in-fact. See Spokeo, 136 S. Ct. at 1549. For that reason, when a plaintiff sues to vindicate a statutory right, she still must establish that she suffered a concrete injury from the violation of that right. That is, a plaintiff cannot merely allege a bare procedural violation, divorced from any concrete harm and satisfy the injury-in-fact requirement of Article III. Id.Baehr v. Creig Northrop Team, PC, 953 F. 3d 244 (4th Cir. 2020) |
| zivotofsky v kerry casebriefs: Iranian Asset Settlement United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs, 1981 |
| zivotofsky v kerry casebriefs: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| zivotofsky v kerry casebriefs: The Meaning of Marriage Robert P. George, Jean Bethke Elshtain, 2014 The movement for same-sex marriage has triggered an unprecedented crisis in the social norms and laws governing marriage. All great civilizations have sought to unite, in the institution of marriage, the goods of sexual intimacy, childbearing and childrearing, and life-long love between adults. But the last five decades have witnessed the erosion of marriage as a public institution in the developed world. The separation of the goods previously united in marriage has led thoughtful people to question why marriage should be denied to homosexuals. |
| zivotofsky v kerry casebriefs: American Journalism Frank Luther Mott, 1950 |
| zivotofsky v kerry casebriefs: Constitutional Law and Politics David M. O'Brien, 1995 |
| zivotofsky v kerry casebriefs: Model Code of Judicial Conduct American Bar Association, Center for Professional Responsibility (American Bar Association), 2007 |
| zivotofsky v kerry casebriefs: The Works of Alexander Hamilton Alexander Hamilton, 1904 |
| zivotofsky v kerry casebriefs: Commentaries on the Law of Marriage and Divorce Bishop, 1881 |
| zivotofsky v kerry casebriefs: Illinois Election Laws , 1865 |
| zivotofsky v kerry casebriefs: Executive Orders and Proclamations Anonymous, 2018-10-10 This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. |
| zivotofsky v kerry casebriefs: Cases Adjudged United States. Court of Appeals (District of Columbia Circuit), 1998 |
| zivotofsky v kerry casebriefs: The Marriage Problem James Q. Wilson, 2003-03-04 There are two Americas. One boasts solid families, well-paying jobs, safe homes, and good education. The other has children raised by one parent, poor neighborhoods, crime, and low-paying jobs. What has caused the divide? In this penetrating study, James Q. Wilson argues that the answer lies in the importance of marriage and the devastating effects of divorce and cohabitation. Wilson's meticulous research shows how the erosion of family life has damaged children's futures, leading to school dropouts, teenage pregnancy, and a greater likelihood of emotional problems, drug use, and criminal activity. With precision and persuasiveness, he reveals the sources of today's crisis -- from the glittering ideals of the Enlightenment to the shameful practice of American slavery -- while also offering bold solutions. Incisive, intelligent, and thought-provoking, The Marriage Problem is a clarion call to rebuild the family, and society, by returning a solid marital structure to its core. |
| zivotofsky v kerry casebriefs: The Popular Sources of Political Authority Oscar Handlin, Mary Flug Handlin, 1966 Appendix. The Massachusetts towns of 1780: pages [931]-942. |
| zivotofsky v kerry casebriefs: Commentaries on the Laws of England William Blackstone, 1809 |
| zivotofsky v kerry casebriefs: Illinois Election Laws Illinois, 1943 |
| zivotofsky v kerry casebriefs: The International Claims Settlement Act United States. Congress. Senate. Foreign Relations, 1959 Considers S. 706, to amend the International Claims Settlement Act of 1949 to extend eligibility provisions for submission of war claims, expropriation claims, and other claims against Bulgaria, Hungary, and Romania. |
| zivotofsky v kerry casebriefs: Vermont State Papers Vermont, 1823 |
| zivotofsky v kerry casebriefs: The Struggle for Judicial Supremacy Robert H. Jackson, 1973 |
| zivotofsky v kerry casebriefs: Constitutional Law: Principles and Practice Joanne Banker Hames, Yvonne Ekern, 2012-03-16 Specifically written for paralegal students, CONSTITUTIONAL LAW: PRINCIPLES AND PRACTICE, 2nd Edition identifies and explains the concepts behind constitutional law,and connects them to everyday experiences both inside the law practice and out. Carefully edited for non-lawyers, the major cases presented show how the Supreme Court's decisions impact lawyers, lawmakers, and the general public, while breaking down complex concepts for paralegals-in-training to grasp more easily. Each chapter also contains numerous pedagogical elements including learning objectives, review and analysis questions, and vocabulary terms to build reader confidence with the material, and demonstrate the ways paralegals perform in the workplace. Focusing on practical application, CONSTITUTIONAL LAW: PRINCIPLES AND PRACTICE, 2nd Edition offers multiple hands-on opportunities to help students excel. Helpful appendices include samples of commonly used legal documents, while the readings are packed with hypothetical cases, ethical dilemmas, and end-of-chapter assignments for practicing analytical skills. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. |
| zivotofsky v kerry casebriefs: Social Statics; Or The Conditions Essential to Human Happiness Specified, and the First of Them Developed Herbert Spencer, 1877 |
| zivotofsky v kerry casebriefs: Legal Research, Analysis, and Writing Joanne Banker Hames, Yvonne Ekern, 2011 LEGAL RESEARCH, ANALYSIS, AND WRITING, 4/e fully integrates the basics of legal research, analysis, and writing, bringing together all the basic knowledge and tools students need to research and analyze a legal problem and communicate the results in diverse forms of legal memoranda. It provides many highly realistic research and writing exercises, as well as new tools designed to help students become more effective writers. Throughout, it clarifies the interrelationships among legal research, analysis, and writing, enabling students to experience the total process as it is performed in practice. Reflecting today's new realities, this edition also contains extensive new coverage of Internet-based research on both free and fee-based sites. |
| zivotofsky v kerry casebriefs: De officiis Marcus Tullius Cicero, 1990 |
| zivotofsky v kerry casebriefs: Introduction to Civil Litigation Institute for Paralegal Training (Philadelphia, Pa.), 1977 |
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