The Journalist's Guide to American Law.

How do you report on the latest sensational criminal trial or newest controversial legislation without a basic understanding of how the American legal system works? This easy-to-use guidebook offers an overview of American law that should be found on the desk of any journalism student or professiona...

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Bibliographic Details
Main Author: Nockleby, John T.
Other Authors: Levenson, Laurie L., Manheim, Karl M., Dougherty, F. Jay, Gold, Victor J., Ides, Allan P., Martin, Daniel W.
Format: eBook
Language:English
Published: Hoboken : Taylor and Francis, 2013.
Subjects:
Online Access:Click for online access
Table of Contents:
  • Front Cover; The Journalist's Guide to American Law; Copyright Page; Contents; 1. Introduction: John T. Nockleby; State Law vs. Federal Law; State Courts vs. Federal Courts; Criminal Law vs. Civil Law; Common Law (Judge-made Law) vs. Statutory Law; A Comment on Retaining vs. Overruling Precedent; Can the Legislature Change the Common Law?; Judicial Independence and Judicial Accountability; The Judge's Role in Civil Litigation (vs. Jury Role); Stages of Civil Litigation; Trial Roles of Judge and Jury; 2. Constitutional Law: Karl M. Manheim; Introduction; What is Constitutional Law?
  • A Brief History of the U.S. ConstitutionBasic Structure of Government in the United States; Republican ("Representative") Government; The Amendment Process; Federalism-The Role of States in the United States; The Tenth Amendment-States' Rights; Doctrine of Enumerated Powers; Federal Regulation of States; Commandeering the States; The Eleventh Amendment-State Sovereign Immunity; Constitutional Restrictions on State Power; Constitutional Preclusion-Textual Limits on State Power; The Supremacy Clause-Preempting State Law; Separation of Powers-Struggle between the Three Federal Branches.
  • The Power of CongressBeyond Legislating; Bicameralism and Presentment; Executive Power; War and Treaty Powers; Executive Orders; Privileges and Immunities; The Judicial Branch; Due Process and the Protection of Individual Rights; Incorporation; Standards of Review; The Right of Privacy; Family Rights; Abortion Rights; Procreation and Parental Rights; Marriage, Divorce, and Sexual Intimacy; The Right to Die; Positive Rights; Education, Health Care, and Government Benefits; Government Protection; Economic Rights and the Origin of Substantive Due Process; Deprivations and Undue Burdens.
  • Procedural Due ProcessEqual Protection of the Laws; Standards of Review; Fundamental Equal Protection Rights; Voting Rights; Right to Travel; Protected (Suspect) Classes; Race, Ethnicity, and Religion; Sex, Alienage, and Birth Status; Sexual Orientation and "Almost" Suspect Classes; State Action Requirement; The Requirement of Purpose; The First Amendment; Background; Unprotected and Lesser-Protected Speech; Time, Place, and Manner Regulations; Speech in Public Places; Speech in Private Places; Symbolic Speech; Government Speech; Commercial Speech; Campaign Speech.
  • Privacy, Technology, and Propriety RightsSurveillance and Access to Data; Neighboring Rights (Copyright; Right of Publicity); Free Press; Reporter's Privilege; Right of Access; Prior Restraints; Religious Rights (Separation of Church and State); Establishment Clause; Free Exercise Clause; Economic Rights; Due Process; Price Control; Procedural Fairness; The Contracts Clause; Fifth Amendment-The Just Compensation Clause; Public Use Requirement; Possessory Takings; Regulatory Takings; Judicial Review; Our Dual Judicial System-The Role of State Courts.