Kategoria BISAC: Law >> Civil Procedure

This volume combines both the broader and narrower aspects of school-related law to provide increased understanding of the legal realities and responsibilities of American teachers and administrators. The book depicts the flow of authority in American polity, from the national level in the Constitution's grant of power in the Tenth Amendment to the local level in the development of policy by local school boards. Selected statutes and cases provide a framework of national rulings on educational matters, but the emphasis is on the role of the state as the critical force in decision making...

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Gerard W. Gawalt has collected essays that explore the critical period in the development of the legal profession from 1865 to 1900, when law replaced religion as the controlling element in American society and lawyers clearly established themselves as the formulators, advocates, and arbiters of the law. The authors of these essays explore the extent of the legal profession's involvement in the growth of industrial America, focusing on the state of the profession in various geographic regions and on the profession's institutions and plans for education, regulation, reform, and practice in...

An analysis of the constitutional aspects of a century-long struggle for civil rights.

The 1970s saw unprecedented change in the laws governing the activities of the Forest Service. This study focuses on the legislative process and the circumstances surrounding forest policy-making during the 1970s. Dennis C. Le Master draws on his Capitol Hill experience to point out the various forces that have worked to bring about the many changes in Forest Service law that occurred. He provides insightful commentary on and analysis of the interaction of events, personalities, and policies as they influenced Forest Service law-making in the 1970s and thereby influence the agency today.

Written in a clear, direct style, this book provides educators with a comprehensive presentation of the laws and rules governing collective bargaining. Establishing from the outset that educators have a constitutionally protected right to organize for purposes of bargaining collectively, Ostrander identifies basic regulations for such activity in the education field and goes on to present in-depth analyses of specific legal issues that may arise. Topics include impasse procedures, the right of middle managers to bargain collectively, the legal status of strikes, the legal basis for public...

Over the past three decades the civil rights movement has succeeded in increasing equality of opportunity for minority groups in American society. However, as Metcalf suggests in this volume, discrimination in the area of housing remains very real and very critical. For, despite the efforts of legislation like the Civil Rights Act of 1964 that has led to equality in voting, education, and employment for members of minority groups, housing discrimination in various forms remains rampant, with close to two million incidents of discrimination in housing occurring annually. In this...

Although the Equal Rights Amendment failed to be ratified by the necessary three-quarters majority of the states, the central questions and events that surrounded the campaign for ratification persist as mainstream issues. This annotated bibliography offers a comprehensive guide to the discussion of these issues in books, articles, documents, and the media between 1976, when the campaign for ratification was well under way, and 1985, three years following its defeat. Each chapter begins with the longest and most significant citations, which are fully annotated, followed by listings of...

This volume provides an interesting evaluation of the role of the corporation in American society. The book traces the historical role of the corporation. It discusses the corporation's obligations and influence in the policy-making process of government. "Business Library Newsletter"

The year 1986 marked the 100th anniversary of one of the Supreme Court's most important decisions, in which it unanimously held that a business corporation was a person within the meaning of the Constitution, and thus entitled to constitutional protection. The decision, made almost casually, has had...

When is a political trial good or bad in terms of responsible governance and fairness to individuals or groups? Professors Abel and Marsh define, evaluate, and justify the usefulness of various kinds of political trials, going back through history to answer these questions in practical terms. They point to basic assumptions and various theoretical approaches and assess specific court practices and cases, while showing real dangers and opportunities that have been part of our history. They cover cases involving the establishment and free exercise clauses of the Constitution, including...

How the provisions of the First Amendment pertain to high school publications is thoroughly examined in this practical reference manual. Ingelhart presents a comprehensive and useful review of nearly all court cases and legal provisions relating to high school newspapers, yearbooks, and magazines, as well as to the students producing them. The overall concept of a free press as provided for in the First and Fourteenth Amendments is discussed. Related free expression matters are presented as background for understanding the Constitutional protections provided for high school journalists....

The framers of the Constitution in 1787 created a durable republican government, a unique achievement in the saga of human civilization. Throughout American history, however, a handful of people have suggested that the United States's problem is its Constitution and that the answer is a new document. This book republishes proposed alternative constitutions, most for the first time.

The volume opens with an introduction that explores the significance of these constitutions to American constitutional development and assesses the framers' success in nearly precluding counter-constitutional...

Based on interviews with key EPA decision makers and an analysis of the public record, this informative case study demonstrates how the contemporary movement for regulatory reform has actually affected the internal organizational politics of a highly visible administrative agency. The volume offers an in-depth look at how a specific agency effort at regulatory reform can be drastically influenced by the machinations of bureaucratic politics. Evidence is offered to support Cook's claim, in contrast to conventional views, that senior political and career leadership has considerable influence...

Bakken addresses important issues of constitutional history in the context of a seminal period in the history of the American West. He describes the challenges which faced the participants in eight Western constitutional conventions. His analysis answers questions of how consensus was reached and how that consensus reflected the compromise between the particular needs of the states and fundamental principles. Bakken outlines the issues of public policy which the constitution makers faced: issues ranging from resource allocation and taxation to the role of corporations in the community. He...

Published to commemorate the Bicentennial of the U.S. Constitution, this volume represents a unique combination of scholarship in the areas of political thought and political history. The papers collected herein examine the founding of the Republic from both perspectives, analyzing its intellectual sources within Western thought, its political context, and the complex relationships between the two. Written by a distinguished group of political scientists and historians that includes two Pulitzer Prize winners, the essays vividly portray the statesmanship of the Founding Fathers and the...

An excellent sampling of current thinking in the theory and practice of constitutionalism. Each essay was written specifically for this volume by well-known legal and political philosophers. . . . All in all, a first-rate and provocative example of contemporary philosophical concerns. "Choice"

In our constitutional democracy, the dissent and conflict that are the inevitable consequence of free political dialogue point to the importance of reexamining the philosophical premises on which our conceptions of society and government are based. This volume of original essays reviews the...