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In this first book-length analysis of the case, Curry helps readers understand how considerations of \"\"what should be\"\" are not always reflected in legal reasoning. Curry brings to light details that have been ignored or neglected and covers both the criminal and civil proceedings to retell a story that still shocks. Drawing on legal briefs and social work case files, she reviews the legal machinations of the state and includes personal stories of key actors: family members, social workers, police officers, child advocates, and opposing attorneys. She then clearly analyzes the majority and dissenting opinions from the Court, as well as reactions from the court of public opinion. 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Hoffer recounts how Jefferson's prosecutors argued that the mere act of discussing an \"\"overt Act of War\"\" - the constitution's definition of treason - was tantamount to committing the act. Marshall, however, ruled that without the overt act, no treasonable action had occurred and neither discussion nor conspiracy could be prosecuted. Subsequent attempts to convict Burr on violations of the Neutrality Act failed as well.A fascinating excursion into the early American past, Hoffer's narrative makes it clear why the high court's ultimate finding was so foundational that it has been cited as precedent 383 times. Along the way, Hoffer expertly unravels the tale's major themes: attempts to redefine treason in times of crisis, efforts to bend the law to political goals, the admissibility of evidence, the vulnerability of habeas corpus, and the reach of executive privilege. 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An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. 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This book is part of the Landmark Law Cases and American Society series.","brand":"WoB","offers":[{"title":"US \/ GOOD \/ SBYB","offer_id":50125359644945,"sku":"CIN0700609415G","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"US \/ VERY_GOOD \/ SBYB","offer_id":50305267728657,"sku":"CIN0700609415VG","price":0.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0700609415.jpg?v=1758794868"},{"product_id":"slaughterhouse-cases-book-ronald-m-labbe-9780700614097","title":"The Slaughterhouse Cases","description":"The Fourteenth Amendment to the Constitution, ratified in 1868, sought to protect the rights of the newly freed slaves; but its first important test did not arise until five years later. That test centered on a vitriolic dispute among the white butchers of mid-Reconstruction New Orleans. 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United States were unexceptional, its constitutional issues would define the relationship of obscenity to the First Amendment.   The Supreme Court’s 6–3 decision in Roth for the first time tried to definitively rule on the issue of obscenity in American life and law—and failed. In this first book-length examination of the case, Whitney Strub lays out the history of obscenity’s meaning as a legal concept, highlights the influence of antivice crusaders like Anthony Comstock and John Sumner, and chronicles the shadowy career that led Roth to spend nearly a decade of his life imprisoned for the allegedly obscene materials that he sent through the mails. Strub then unwraps the events that produced Roth v. United States, placing the trial in the context of its times—the Kinsey Reports, the Kefauver hearings, free speech debates—by using Roth’s own private papers along with the records of the various prosecutions and the memos of the justices.   The significance of Roth, as Strub reveals, lay in the two faces of Justice William Brennan’s majority opinion—which on the one hand reflected the liberalising attitude toward sexual matters in mid-century America, but on the other kept “obscene” expressions beyond First Amendment protection. Because that ruling points up the contradictions of a society where the prurient and repressive commingle uncomfortably, Strub shows how Roth says much more about American sexual values than Brennan’s written words necessarily acknowledged.   In our era of internet pornography and Fifty Shades of Grey, it may be difficult to imagine a time when obscenity was a matter for the courts. 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The bitter debate over \"Roe v. Wade\" - in the courts, legislatures, press and streets - has grown ever more ferocious since the Supreme Court's landmark decision in 1973. For years pro-choicers have applauded \"Roe\" as a guarantee of women's rights, while pro-lifers have condemned it as the work of an activist and atheistic Court. Now it looms at the centre of a growing political storm, as a new president, and old Court, and a divided Congress reconsider \"Roe\"'s status in the wake of the controversial 2000 elections. Giving equal attention to both sides of the conflict, the authors trace and analyze the core debates, examine the case's unique history, clarify the jurisprudence behind the Court's ruling, and gauge its impact on American society. Court attempted to steer a middle course by rejecting both abortion on demand and the absolute right to life and yet, in the end, wound up igniting a firestorm of protest instead. The book examines the complete social and legal context of the case. Hull and Hoffer review more than a century of abortion practice (and abuse), common-law views on abortion, 19th-century criminalization measures, and the rapid changes in science, public mores and civil rights that finally brought the issue before the Supreme Court. They also trace abortion law through the 20th century, reprise the 1965 case of \"Griswold v. Connecticut\", in which the Supreme Court overturned a state law against contraceptives, and reexamine the highly publicized attempts to reverse \"Roe\" in \"Webster v. Reproductive Services\" (1989) and \"Casey v. Planned Parenthood\" (1992). All of the key actors are here: Norma McCorvey, the \"Jane Roe\" who never actually had the abortion she originally sought; attorney Sarah Weddington, who challenged Texas law by drawing on her own abortion experience; lobbyists on both sides of the question; and each of the Supreme Court justices. This is a book that can inform and enlighten those on either side of the debate, as well as all of those in between.","brand":"WoB","offers":[{"title":"US \/ GOOD \/ SBYB","offer_id":50220864209169,"sku":"CIN0700611436G","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ WELL_READ \/ SBYB","offer_id":50357978693905,"sku":"CIN0700611436A","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ VERY_GOOD \/ INTERNAL","offer_id":52848130588945,"sku":"GOR014638973","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ VERY_GOOD \/ SBYB","offer_id":52982413230353,"sku":"CIN0700611436VG","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0700611436.jpg?v=1751360450"},{"product_id":"mapp-versus-ohio-book-carolyn-n-long-9780700614417","title":"Mapp Versus Ohio","description":"Although she came to be known as merely \"\"that girl with the dirty books,\"\" Dollree Mapp was a poor but proud black woman who defied a predominantly white police force by challenging the legality of its search-and-seizure methods. Her case, which went all the way to the Supreme Court, remains hotly debated and highly controversial today. In 1957, Cleveland police raided Mapp's home on a tip - from future fight promoter Don \"\"the Kid\"\" King - that they'd find evidence linked to a recent bombing. What they confiscated instead was sexually explicit material that led to Mapp's conviction for possessing \"\"lewd and lascivious books\"\" - a conviction that initially pitted Ohio police and judges against Mapp and the American Civil Liberties Union. At stake was not only the search-and-seizure question but also the \"\"exclusionary rule\"\" concerning the use of evidence not specified in a search warrant. Carolyn Long follows the police raid into Mapp's home and then chronicles the events that led to the Court's 5-4 ruling in Mapp v. Ohio (1961), which redefined the rights of the accused and set strict limits on how police could obtain and use evidence. Long traces the case through the legal labyrinth, discusses the controversies it created, and assesses its impact on police behavior, as well as subsequent prosecutions and convictions of the accused. She also analyzes Justice Tom Clark's creative use of Mapp's case to overturn Wolf v. Colorado, which had ruled that the Fourth Amendment's protection against unreasonable searches applied only to federal law, and presents Justice John Harlan's strong federalist-based dissent. As entertaining as it is informative, Long's book features a host of intriguing characters: Mapp, her seasoned and determined attorney, A. L. Kearns, and police sergeant Carl Delau, among others. Combined with her concise and insightful explanations of key legal principles - including the exclusionary rule itself - Long's deft narrative provides an ideal format for teachers and students in criminology, legal history, constitutional law, and political science, as well as anyone who loves a good story. 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They convincingly show that Brown cannot be understood apart from the history of caste and exclusion in American society. That history antedated the very founding of the country and was supported by the nation's highest institutions, including the Supreme Court whose decision in Plessy v. Ferguson (1896) supported the notion of separate but equal. Their book traces the lengthy court litigations, highlighting the pivotal role of the National Association for the Advancement of Colored People and including incisive portraits of key players, including co-plaintiff Oliver Brown, newly appointed Chief Justice Earl Warren, NAACP lawyer and future Supreme Court justice Thurgood Marshall, and Justice Felix Frankfurter, who recognized the crucial importance of a unanimous court decision and helped produce it. 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After Ernesto Pichardo established a Santeria church in Hialeah in the 1980s, the city of Hialeah responded by passing ordinances banning ritual animal sacrifice. Although on the surface those ordinances seemed general in intent, they were clearly aimed at Pichardo's church. When Pichardo subsequently sued the city, a federal court ruled in the latter's favor, in effect privileging the regulation of public health and morality over the church's free exercise of its religion. The U.S. Supreme Court heard Pichardo's appeal in 1993 and unanimously decided that the city had overstepped its bounds in targeting this particular religious group; however, the court was sharply divided regarding the basis of its decision. Three concurring opinions registered distinctly different views of the First Amendment, the limits of government regulation, and the religious freedom of minorities. In the end, the nine justices collectively concluded that freedom of religious belief was absolute while the freedom to practice the tenets of any faith were subject to non-discriminatory local regulations. David O'Brien, one of America's foremost scholars of the Court, now illuminates this controversy and its significance for law, government, and religion in America. His lively account takes us behind the scenes at every stage of the litigation to reveal a riveting case with more twists and turns than a classic whodunit. Ranging with equal ease from primitive magic to municipal politics and to the most arcane points of constitutional law, O'Brien weaves a compelling and instructive tale with a fascinatig array of politicians, lawyers, jurists, civil libertarians, and animal rights advocates. 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Zelden's lucid account of the controversies and conflicts surrounding Smith should refine and reinvigorate our understanding of a crucial moment in American history.","brand":"WoB","offers":[{"title":"US \/ GOOD \/ SBYB","offer_id":50358040527121,"sku":"CIN0700613390G","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0700613390.jpg?v=1763478626"},{"product_id":"zoning-of-america-book-michael-allan-wolf-9780700616213","title":"The Zoning of America","description":"When the Cleveland suburb of Euclid first zoned its land in 1922, the Ambler Realty Company was left with a sizable tract it could no longer sell for industrial use - and so the company sued. 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The Court's decisions denied the very existence of any such guarantee and, further, conferred upon the states the right to determine who may vote and under what circumstances. In both decisions, lower court convictions were overturned through suprisingly narrow rulings, despite the larger constitutional issues involved. In Reese the Court justified its decision by voiding only two sections of the Enforcement Acts, while in Cruikshank it merely voided the original indictments as being \"\"insufficient in law\"\" by failing to allege that the Grant Parish murders had been explicitly motivated by racial prejudice. Such legalistic reasoning marked the grim beginning of a nearly century-long struggle to reclaim what the Fifteenth Amendment had supposedly guaranteed. 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Homosexuality, the Boy Scout leadership insisted, violated the Scouts’ pledge to be “morally straight.” With the aid of the Lambda Legal Defense Fund, Dale sued for discrimination.  Ellis tracks the case from its initial filing in New Jersey through the final decision of the U.S. Supreme Court in favour of the Scouts. In addition to examining the legal issues at stake, including the effect of the Supreme Court’s ruling on the law of free association, Ellis also describes Dale’s personal journey and its intersection with an evolving gay rights movement. 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Back home, rehabilitated and given a job at the Veterans’ Administration, he was soon to learn that his battles were far from over. In 1948, in the throes of the post-warRed Scare, the hysteria over perceived Communist threats that marked the Cold War, the government moved to fire Kutcher because of his membership in a small, left-wing group that had once espousedrevolutionary sentiments. Kutcher’s eightyear legal odyssey to clear his name and assert his First Amendment rights, described in full for the first time in this book, is at once a cautionary tale in a new period of patriotic one-upmanship, and a story of tenacious patriotism in its own right.   The son of Russian immigrants, James Kutcher came of age during the Great Depression. Robbed of his hope of attending college or finding work of any kind, he joined the Socialist Workers Party, left-wing and strongly anti-Soviet, in his hometown of Newark. When his membership in the SWP came back to haunt him at the height of the Red Scare, Kutcher took up the fight against efforts to punish people for their thoughts, ideas, speech, and associations. As a man who had fought for his country and paid a great price, had never done  nything that could be construed as treasonous, held a low-level clerical position utterly unconnected with national security, and was the sole support of his elderly parents; Kutcher cut an especially sympathetic figure in the drama of Cold War witch-hunts. 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