A SCHOLARLY BOOK REPOSITORY
Administering Justice examines the leadership role of chief justices in the American states, including how those duties require chief justices to be part of the broader state political environment. Vining and Wilhelm focus extensively on the power of chief justices as public spokespersons, legislative liaisons, and reform leaders. In contrast to much existing research on chief justices in the states, this study weighs their extrajudicial responsibilities rather than intracourt leadership. By assessing the content of State of the Judiciary remarks delivered over a period of sixty years, Vining and Wilhelm are able to analyze the reform agendas advanced by chief justices and determine what factors influence the likelihood of success. These analyses confirm that chief justices engage with state politics in meaningful ways and that reactions to their proposals are influenced by ideological congruence with other political elites and the scope of their requests. Administering Justice also examines the chief justice position as an institution, provides a collective profile of its occupants, and surveys growing diversity among court leaders.
Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment.
This book is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.
Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment.
This book is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.
This book will appeal to at students, non-lawyers involved with water issues, and general readers interested in Colorado’s complex water rights law.
Much has changed in the area of school law since the first edition of The Educator’s Guide was published in 1986. This new ninth edition offers an authoritative source on all major dimensions of Texas school law through the 2017 legislative sessions. Intended for educators, school board members, interested attorneys, and taxpayers, the ninth edition explains what the law is and what the implications are for effective school operations. It is designed to help professional educators avoid expensive and time-consuming lawsuits by taking effective preventive action. It is an especially valuable resource for school law courses and staff development sessions.
The ninth edition begins with a review of the legal structure of the Texas school system, incorporating recent innovative features such as charter schools and districts of innovation. Successive chapters address attendance, the instructional program, service to students with special needs, the rights of public school employees, the role of religion, student discipline, governmental transparency, privacy, parent rights, and the parameters of legal liability for schools and school personnel. The book includes discussion of major federal legislation, such as the Individuals with Disabilities Education Act, the Family Educational Rights and Privacy Act, Section 504 of the Rehabilitation Act of 1973, and the Every Student Succeeds Act. On the state level, the book incorporates new laws pertaining to cyberbullying and inappropriate relationships between students and employees. Key points are illustrated through case law, and a complete index of case citations is included.
Much has changed in the area of school law since the first edition of The Educator’s Guide to Texas School Law was published in 1986. This new tenth edition of The Educator’s Guide offers an authoritative source on Texas school law through the 2021 legislative sessions. Intended for educators, school board members, attorneys, and taxpayers, it explains what the law is and what the implications are for effective school operations; it helps professional educators avoid expensive and time-consuming lawsuits by taking effective preventive action; and it serves as a highly valuable resource for school law courses and staff development sessions.
The tenth edition begins with a review of the legal structure of the Texas school system, incorporating recent features such as charter schools and districts of innovation, then addresses the instructional program, service to students with special needs, the rights of public school employees, the role of religion, student discipline, governmental transparency, privacy, parental rights, and the parameters of legal liability for schools and school personnel. The book includes discussion of major federal legislation, such as the Individuals with Disabilities Education Act, the Family Educational Rights and Privacy Act, Section 504 of the Rehabilitation Act of 1973, and Title IX. On the state level, the book incorporates laws pertaining to cyberbullying, inappropriate relationships between students and employees, and human sexuality instruction.
Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids "unreasonable searches and seizures" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States.
This book contends that the courts’ misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or “states’ rights,” provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments.
This book starts by helping new lobbyists to think politically, by explaining the structure and operation of state government, the psychology and needs of public officials, and where the power lies in Juneau—who’s got political clout. How to Lobby then moves into the nitty-gritty of a lobbying campaign. It covers the basics of group influence, campaign planning and management, the pros and cons of various group tactics, tips on face-to-face meetings, and the challenges of lobbying day-to-day. In addition to extensive guidance on what to do, this book also emphasizes the things to avoid that will undermine or eliminate a lobbyist’s chances of success. Pragmatic and portable, this book will be valuable to new and professional lobbyists both, and anyone looking for fresh perspectives on this important business.
As in so many conflicts between Indigenous nations and local municipalities, the media narrative about the Oneida Nation’s battle for sovereignty has been dominated by the local government’s standpoint. In Defense of Sovereignty offers another perspective, that of a nation citizen directly involved in the litigation, augmented by contributions from historians, attorneys, and a retired nation employee. It makes an important contribution to public debates about the inherent right of Indigenous nations to continue to exist and exercise self-governance within their territories without being challenged at every turn.
During the predawn hours of December 9, 2008, an FBI team swarmed the home of Illinois governor Rod Blagojevich and took him away in handcuffs. The shocking arrest, based on allegations of corruption and extortion, launched a chain of political events never before seen in Illinois. In A Just Cause, Bernard H. Sieracki delivers a dynamic firsthand account of this eight-week political crisis, beginning with Blagojevich’s arrest, continuing through his impeachment and trial, and culminating in his conviction and removal from office. Drawing on his own eyewitness observations of the hearings and trial, the comments of interviewees, trial transcripts, and knowledge gained from decades of work with the Illinois legislature, Sieracki tells the compelling story of the first impeachment and removal from office of an Illinois governor, while providing a close look at the people involved.
A Just Cause depicts Blagojevich as a master of political gamesmanship, a circus ringmaster driven by personal ambition and obsessed with private gain. Sieracki examines in depth the governor’s unethical behavior while in office, detailing a litany of partisan and personal hostilities that spanned years. He thoroughly covers the events leading to Blagojevich’s downfall and the reactions of the governor’s cohorts. The author discusses the numerous allegations against Blagojevich, including attempts to “sell” appointments, jobs, and contracts in exchange for financial contributions. Sieracki then exhaustively recounts Blagojevich’s senate trial and the governor’s removal from office.
This engrossing volume is both a richly detailed case study of the American checks-and-balances system and an eyewitness account of unprecedented events. It will appeal to anyone interested in the stunning, true tale of a state upholding the maxim “The welfare of the people is the supreme law.”
With State Constitutional Politics, John Dinan looks at the various occasions in American history when state constitutional amendments have served as instruments of governance. Among other things, amendments have constrained state officials in the way they levy taxes and spend money; enacted policies unattainable through legislation on issues ranging from minimum wage to the regulation of marijuana; and updated understandings of rights, including religious liberty, equal protection, and the right to bear arms. In addition to comprehensively chronicling the ways amendments shape politics in the states, Dinan also assesses the consequences of undertaking changes in governance through amendments rather than legislation or litigation. For various reasons, including the greater stability and legitimacy of changes achieved through the amendment process, he argues that it might be a more desirable way of achieving change.
The Streets of San Francisco uncovers the seldom reported, street-level interactions between police officers and San Francisco residents and finds that police discretion was the defining feature of mid-century law enforcement. Postwar police officers enjoyed great autonomy when dealing with North Beach beats, African American gang leaders, gay and lesbian bar owners, Haight-Ashbury hippies, artists who created sexually explicit works, Chinese American entrepreneurs, and a wide range of other San Franciscans. Unexpectedly, this police independence grew into a source of both concern and inspiration for the thousands of young professionals streaming into the city's growing financial district. These young professionals ultimately used the issue of police discretion to forge a new cosmopolitan liberal coalition that incorporated both marginalized San Franciscans and rank-and-file police officers. The success of this model in San Francisco resulted in the rise of cosmopolitan liberal coalitions throughout the country, and today, liberal cities across America ground themselves in similar understandings of democracy, emphasizing both broad diversity and strong policing.
From reviews of earlier editions:
“Young people get into legal trouble for two reasons: they do not know what the law is, and they do not stop to think about the consequences of their actions. This book would make a good text for a preparation for life class. . . . The book is written in plain language, unencumbered by a lot of legal citations, and with no expectation that the reader will have any working knowledge of the law.”
—Texas Bar Journal
“A book any parent should consider giving their child. . . . But before you do, take a look at it yourself. No matter the title, Wallace’s book . . . contains information everyone . . . should know.”
—Austin American-Statesman
What Every Teen Should Know about Texas Law is the only single-source guide for accurate, easy-to-understand information about most areas of civil law in Texas. L. Jean Wallace drew on years of experience as a students’ attorney at Texas Tech University to inform young adults about the areas of law that affect them most: driving and car ownership, pranks and crimes (including alcohol and drug offenses), personal relationships, employment and consumer concerns, and living on their own. She illustrated her points with true, sometimes humorous, stories of young adults’ encounters with the law.
For this new edition, municipal judge Christopher F. Cypert has completely updated the book to reflect the current state of the law. He covers specific topics that are now mandated to be taught in schools, including the proper way to interact with peace officers during traffic stops and other in-person encounters, as well as internet-era misbehaviors such as sexting and cyberbullying. Like Wallace, Cypert has helped many young people navigate the sometimes confusing processes of the legal world, often loaning earlier editions of this book to young offenders in his court. Both authors’ real-world experience and legal expertise ensure that What Every Teen Should Know about Texas Law is indeed a complete and practical guide for assuming the responsibilities of adulthood—as well as a good refresher course for all legal-age Texans.
“A remarkable book.”—Malcolm Gladwell, San Francisco Chronicle
Deaths of civilians at the hands of on-duty police are in the national spotlight as never before. How many killings by police occur annually? What circumstances provoke police to shoot to kill? Who dies? The lack of answers to these basic questions points to a crisis in American government that urgently requires the attention of policy experts. When Police Kill is a groundbreaking analysis of the use of lethal force by police in the United States and how its death toll can be reduced.
Franklin Zimring compiles data from federal records, crowdsourced research, and investigative journalism to provide a comprehensive, fact-based picture of how, when, where, and why police resort to deadly force. Of the 1,100 killings by police in the United States in 2015, he shows, 85 percent were fatal shootings and 95 percent of victims were male. The death rates for African Americans and Native Americans are twice their share of the population.
Civilian deaths from shootings and other police actions are vastly higher in the United States than in other developed nations, but American police also confront an unusually high risk of fatal assault. Zimring offers policy prescriptions for how federal, state, and local governments can reduce killings by police without risking the lives of officers. Criminal prosecution of police officers involved in killings is rare and only necessary in extreme cases. But clear administrative rules could save hundreds of lives without endangering police officers.
“Roughly 1,000 Americans die each year at the hands of the police…The civilian body count does not seem to be declining, even though violent crime generally and the on-duty deaths of police officers are down sharply…Zimring’s most explosive assertion—which leaps out…—is that police leaders don’t care…To paraphrase the French philosopher Joseph de Maistre, every country gets the police it deserves.”
—Bill Keller, New York Times
“If you think for one second that the issue of cop killings doesn’t go to the heart of the debate about gun violence, think again. Because what Zimring shows is that not only are most fatalities which occur at the hands of police the result of cops using guns, but the number of such deaths each year is undercounted by more than half!…[A] valuable and important book…It needs to be read.”
—Mike Weisser, Huffington Post
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