Emanuel Law Outlines: Constitutional Law

Emanuel Law Outlines: Constitutional Law

Language: English

Pages: 792

ISBN: 1454881321

Format: PDF / Kindle (mobi) / ePub

The most trusted name in law school outlines, Emanuel Law Outlines were developed while Steve Emanuel was a student at Harvard Law and were the first to approach each course from the point of view of the student. Invaluable for use throughout your course and again at exam time, Emanuel Law Outlines are well-correlated to all major casebooks to help you to create your own outlines. Sophisticated yet easy to understand, each guide includes both capsule and detailed explanations of critical issues, topics, and black letter law you must know to master the course. Quiz Yourself Q&As, Essay Q&As, and Exam Tips give you ample opportunity to test your knowledge throughout the semester and leading up to the exam. Every title in the series is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Emanuel Law Outlines provide a comprehensive breakdown of the law, more sweeping than most, for your entire study process.

For more than thirty years, Emanuel Law Outlines have been the most trusted name in law school outlines. Here s why:

  • Developed by Steve Emanuel when he was a law school student at Harvard, Emanuel Law Outlines became popular with other law students and spawned an industry of reliable study aids. (Having passed the California bar as well, Steve Emanuel is now a member of the New York, Connecticut, Maryland, and Virginia bars.)
  • Each Outline is valuable throughout the course and again at exam time.
  • Outline chapters provide comprehensive coverage of the topics, cases, and black letter law covered in the course and major casebooks, written in a way you can easily understand.
  • The Quiz Yourself Q&A in each chapter and the Essay Q&A at the end provide ample opportunity to test your knowledge throughout the semester.
  • Exam Tips alert you to the issues that commonly pop up on exams and to the fact patterns commonly used to test those items.
  • The Capsule Summary an excellent exam preparation tool provides a quick review of the key concepts covered in the course.
  • The comprehensive coverage is more sweeping than most outlines.
  • Each Emanuel Law Outline is correlated to the leading casebooks.
  • Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks.
  • Tight uniformity of writing style and approach means that if you use one of these guides, you can be confident that the others will be of similar quality.















the several States." This is the "interstate" Privileges and Immunities Clause. (Be sure you distinguish this from the Privileges and Immunities Clause of the Fourteenth Amendment, which prevents a state from denying certain rights of"national citizenship" (like the right to travel).) [102] 1. The interstate Privileges and Immunities Clause prevents a state from discriminating against non-residents. But it only operates with respect to rights that are fundamental to national unity. [102]

children will be educated. Sisters] [157] [Pierce v. Soc. of SUBSTANTIVE DUE PROCESS- REGULATIONS AFFECTING FUNDAMENTAL RIGHTS C-29 Example 2: A parent has a fundamental interest in deciding who will spend time with the child. Therefore, the state may not award visitation rights to a child's grandparents over the objection of the child's fit custodial parent, unless the state first gives "special weight" to the parent's wishes. a. [Troxel v. Granville] Right to continue parenting: ing -

his own. 2. s u "Substantial" overbreadth: In cases where the statute is aimed at conduct that has expressive M content (rather than aimed against pure speech), the overbreadth doctrine will only be applied if M the overbreadth would be "substantial." In other words, the potential unconstitutional applications A of the statute must be reasonably numerous compared with the constitutional applications. [489- 491] R y Example: Congress, to stamp out the trade in "animal-crush videos,"

this may be a burdening of religion. When the two clauses seem to conflict, the Free Exercise Clause dominates. In other words, if a particular benefit or accommodation to religion is arguably required by the Free Exercise Clause, then when government grants that accommodation or benefit it is not violating the Establish­ ment Clause. Example: A public university makes meeting rooms available to all sorts of student groups. If the c A university allows religious groups to use the room, there

required to respond to a private complaint before a federal administrative agency. E [Federal Maritime Comm. v. So. Car. St. Ports Auth.] [728] s u M M VII. POLITICAL QUESTIONS A. The doctrine generally: The fmal aspect of justiciability is the requirement is that the case not involve the decision of a "political question." This rule is even more vague than the other justiciability A rules we've talked about already. The doctrine does not mean that federal courts will not decide a case R

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