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Due process of law

Due process of law Author John V. Orth
ISBN-10 UOM:39015056673406
Release 2003-03
Pages 116
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Many rights that Americans cherish today go unmentioned in the U.S. Constitution. Where do these freedoms come from? John V. Orth answers that question in this unique and gem-like history of due process. No person's life, liberty, or property may be taken without "due process of law." What exactly that means has been one of the most frequently asked questions in American constitutional history. Today, the answer is usually given in two parts: what procedures the government must follow and--in exceptional cases--what the government cannot do even if it follows the proper procedures. The procedural aspect of this answer has been far less controversial than "substantive due process, " which at one time limited government regulation of business and today forbids the states from outlawing abortions. "Due process of law, " as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal. Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made wayfor an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general. This unconventional history of the concept of due process heightens the reader's understa



The Due Process of Law

The Due Process of Law Author Alfred Denning
ISBN-10 9780191018558
Release 1980-01-11
Pages 282
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Two central themes run through The Due Process of Law. The first is the workings of the various "measures authorised by the law so as to keep the streams of justice pure" - that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.



Substantive due process of law

Substantive due process of law Author Frank R. Strong
ISBN-10 UOM:39015019763716
Release 1986-12
Pages 306
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The author presents the view that substantive due process, historically, has had very specific meanings. He also discusses the eroding of these original concepts by the Supreme Court.



Due Process in Nigeria s Administrative Law System

Due Process in Nigeria s Administrative Law System Author Oneyebuchi T. Uwakah
ISBN-10 0761807640
Release 1997
Pages 236
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This book, which relies on primary and secondary printed sources and a series of interviews with affected persons, lawyers, judges, and customary court presidents in Nigeria, focuses on the place of due process in the Nigerian legal system. Uwakah is concerned about the abuse of this important fundamental right in his country. The purpose of the book is to examine how due process operates in Nigeria and whether the coexistence of the customary law, the English common law, the Moslem law, and the martial law systems in Nigeria hinders or enhances due process in the country. Finally, the study investigates the suitability of the British version of due process to Nigeria, since the concept is imported to the country. The book concludes that the British version of due process is unsuitable to Nigeria because the country's political, economic, social, and religious backgrounds substantially differ from those of Britain. This conclusion is premised on the consensus of the interviewees. Uwakah recommends the country's immediate transition from military to civilian rule.



The Fifth Amendment

The Fifth Amendment Author Corona Brezina
ISBN-10 9781448823260
Release 2011-01-15
Pages 64
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This book is an introduction to the Fifth Amendment which empowers the people as it guarantees valuable protections on a daily basis within the justice system.



By Due Process of Law

By Due Process of Law Author Ian Loveland
ISBN-10 9781847310835
Release 1999-06-01
Pages 456
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The South African case of Harris v. (Donges) Minister of the Interior is one familiar to most students of British constitutional law. The case was triggered by the South African government's attempt in the 1950s to disenfranchise non-white voters on the Cape province. It is still referred to as the case which illustrates that as a matter of constitutional doctrine it is not possible for the United Kingdom Parliament to produce a statute which limits the powers of successive Parliaments. The purpose of this book is twofold. First of all it offers a rather fuller picture of the story lying behind the Harris litigation,and the process of British acquisition of and dis-engagement from the government of its 'white' colonies in southern Africa as well as the ensuing emergence and consolidation of apartheid as a system of political and social organisation. Secondly the book attempts to use the South African experience to address broader contemporary British concerns about the nature of our Constitution and the role of the courts and legislature in making the Constitution work. In pursuing this second aim, the author has sought to create a counterweight to the traditional marginalistion of constitutional law and theory within the British polity. The Harris saga conveys better than any episode of British political history the enormous significance of the choices a country makes (or fails to make) when it embarks upon the task of creating or revising its constitutional arrangements. This, then, is a searching re-examination of the fundamentals of constitution-making, written in the light of the British government's commitment to promoting wholesale constitutional reform.



New York s Poop Scoop Law

New York s Poop Scoop Law Author Michael Brandow
ISBN-10 1557534926
Release 2008
Pages 349
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The story of how New York City adopted laws to force pet owners to clean up after their pets. Michael Brandow shows how a combination of science and politics, fact and fear, altruism and self-interest led to the adoption and enforcement of legislation that became a shining - and perhaps surprising - success.



Legal Architecture

Legal Architecture Author Linda Mulcahy
ISBN-10 9781136862182
Release 2010-12-16
Pages 224
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Legal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement within it are the result of turf wars about who can legitimately participate in the legal arena and call the judiciary to account. The gradual containment of the public, the increasing amount of space allocated to advocates, and the creation of dedicated space for journalists and the jury, all have complex histories that deserve attention. But these issues are not only of historical significance. Across jurisdictions, questions are now being asked about the internal configurations of the courthouse and courtroom, and whether standard designs meet the needs of modern participatory democracies: including questions about the presence and design of the modern dock; the ways in which new technologies threaten to change the dynamics of the trial and lead to the dematerialization of our primary site of adversarial practice; and the extent to which courthouses are designed in ways which realise their professed status as public spaces. This fascinating and original reflection on legal architecture will be of interest to socio-legal or critical scholars working in the field of legal geography, legal history, criminology, legal systems, legal method, evidence, human rights and architecture.



Due Process of Law Beyond the State

Due Process of Law Beyond the State Author Giacinto della Cananea
ISBN-10 9780191092619
Release 2016-09-15
Pages 350
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Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.



Double Jeopardy Self Incrimination and Due Process of Law

Double Jeopardy  Self Incrimination  and Due Process of Law Author John Rokutani
ISBN-10 9780766085589
Release 2017-07-15
Pages 48
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The Fifth Amendment is one of the more complex and far-reaching amendments to the US Constitution, so this book begins by breaking down each clause one by one, explaining the legalese in uncomplicated language, thus allowing the reader to reach a full understanding of due process. It then systemically describes the impact of the Fifth Amendment clause by clause, using Supreme Court cases as real-world examples. Sidebars highlight the amendment in action and delve into some of the finer points. This book includes rich resource sections that allow for further exploration.



General Principles of Law and International Due Process

General Principles of Law and International Due Process Author Center for International Legal Education University of Pittsburgh School of Law
ISBN-10 9780190642709
Release 2017-03-15
Pages 304
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Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.



The Immigration Battle in American Courts

The Immigration Battle in American Courts Author Anna O. Law
ISBN-10 9781139489164
Release 2010-06-14
Pages
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This book assesses the role of the federal judiciary in immigration and the institutional evolution of the Supreme Court and the US Courts of Appeals. Neither court has played a static role across time. By the turn of the century, a division of labor had developed between the two courts whereby the Courts of Appeals retained their original function as error-correction courts, while the Supreme Court was reserved for the most important policy and political questions. Law explores the consequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Appeals because of advantageous institutional incentives that increase the likelihood of a favorable outcome. As this book proves, it is inaccurate to speak of an undifferentiated institution called 'the federal courts' or 'the courts', for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.



The Concept of Due Process of Law in 1866 and Its Influence on the Fourteenth Amendment

The Concept of Due Process of Law in 1866 and Its Influence on the Fourteenth Amendment Author Herbert Thompson Leyland
ISBN-10 WISC:89090088931
Release 1922
Pages 260
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The Concept of Due Process of Law in 1866 and Its Influence on the Fourteenth Amendment has been writing in one form or another for most of life. You can find so many inspiration from The Concept of Due Process of Law in 1866 and Its Influence on the Fourteenth Amendment also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Concept of Due Process of Law in 1866 and Its Influence on the Fourteenth Amendment book for free.



Encyclopedia of American Civil Rights and Liberties Revised and Expanded Edition 2nd Edition 4 volumes

Encyclopedia of American Civil Rights and Liberties  Revised and Expanded Edition  2nd Edition  4 volumes Author Kara E. Stooksbury
ISBN-10 9781440841101
Release 2017-09-30
Pages 1484
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Thoroughly updated and featuring 75 new entries, this monumental four-volume work illuminates past and present events associated with civil rights and civil liberties in the United States. • Offers 686 alphabetically arranged entries, ranging from thoroughly updated entries from the first edition to 75 new entries that cover dramatic changes in civil rights and liberties in the last decade • Covers the latest events and controversies surrounding civil liberties issues in America • Fully explores the scope and limitations of Constitutional rights, a perennially hot topic in American politics and society • Includes primary documents with contextual headnotes to enhance understanding of the full importance of the featured document • Provides sources for further reading with each entry to help users engage in additional research



Law at Little Big Horn

Law at Little Big Horn Author Charles E. Wright
ISBN-10 0896729125
Release 2016-01
Pages 352
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During the nineteenth century, the rights of American Indians were frequently violated by the president and ignored or denied enforcement by federal courts. However, at times Congress treated the Indians with good faith and honored due process, which prohibits the government from robbing any person of life, liberty, or property without a fair hearing before an impartial judge or jury. These due process requirements protect all Americans and were in effect when President Grant launched the Great Sioux War in 1876--without a formal declaration of war by Congress. Charles E. Wright analyzes the legal backdrop to the Great Sioux War, asking the hard questions of how treaties were to be honored and how the US government failed to abide by its sovereign word. Until now, little attention has been focused on how the events leading up to and during the Battle of Little Big Horn violated American law. While other authors have analyzed George Armstrong Custer's tactics and equipment, Wright is the first to investigate the legal and constitutional issues surrounding the United States' campaign against the American Indians. This is not just another Custer book. Its contents will surprise even the most accomplished Little Big Horn scholar.



Desperately Seeking Certainty

Desperately Seeking Certainty Author Daniel A. Farber
ISBN-10 0226238105
Release 2004-03-01
Pages 219
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Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.



Gideon s Trumpet

Gideon s Trumpet Author Anthony Lewis
ISBN-10 9780307805287
Release 2011-09-14
Pages 288
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A history of the landmark case of James Earl Gideon's fight for the right to legal counsel. Notes, table of cases, index. The classic backlist bestseller. More than 800,000 sold since its first pub date of 1964.