The journalist's guide to American law / John T. Nockleby. [et al.].

Format:

Book

Contributor:

Nockleby, John T.

Language:

English

Subjects (All):

Law--United States.

Law.

Journalists--United States--Handbooks, manuals, etc.

Journalists.

Journalists--Legal status, laws, etc--United States.

Physical Description:

1 online resource (377 p.)

Edition:

1st ed.

Place of Publication:

New York, N.Y. ; London : Routledge, 2013.

Language Note:

English

Summary:

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 professional journalist. It provides an overview of major legal principles and issues in simple terms for journalists who cover any aspect of the legal system. The Guide can be used in two ways: first, as a sit-down read that gives an overview of American law; and second, as a reference that c

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

Justiciability-Standing, Mootness, and Political Questions

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on metadata supplied by the publisher and other sources.

ISBN:

1-136-89533-7

0-203-84097-6

1-299-15646-0

1-136-89534-5

9780203840979

OCLC:

828298607