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.

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only kind of tax likely to be imposed today that would be considered "direct." Provisions of the 1894 Income Tax Act were held to be direct (and therefore invalid because not appor­ tioned by population) since they taxed income from real estate and personal property. However, the Sixteenth Amendment, passed in 1913, provides that "Congress shall have power to lay and collect taxes on incomes, from whatever source derived, with­ out apportionment among the several States . ... " This Amendment

the Court will usually apply a balancing test, weighing the benefit to the state from the regulation against the burdens it places on inter­ state commerce. However, the Court has been reluctant to substitute its judgment for that of state legislatures; therefore, it has usually tried to perform this "balancing" in a way that is fairly deferential to state policies. a. Thus the balance has generally been struck in favor of interstate commerce interests and against state safety interests only

from refiner-operated stations to independent dealers. But, the Court held, the Commerce Clause "protects the interstate market, not particular interstate firms, from prohibitive or burdensome regulation." Fur­ thermore, the Court noted, in all probability the same percentage of gasoline would come from out-of-state suppliers after the statute as before it (i.e., 100%), so that the flow of goods in the interstate market would not be decreased. iii. Not preempted: Finally, the Court quickly

enacts an u ordinance stating that any parade or demonstration, no matter what the content of the message, M shall take place only in Central Park or on Main Street. City argues that its limited budget for M police security, and the greater ease of handling crowds in these two places than in other A places, justify the ordinance. Even though this time, place and manner restriction is apparently R content-neutral and is arguably narrowly tailored for a significant governmental interest,

Review of Acts of Congress 1-15 29-51 1-9 (Marbury v. Madison) II. Review of State Court Decisions 15-20 51-61 9-28 44-56 10-11 Ill. Congress' Control of Federal 28-29 78-90 28-38 37-43 34-40 IV. The Supreme Court's Jurisdiction NC 162-165 28-29 48-49, 56-59 NC 60-62 71-75, 169-173, NC 129-136 138-141 Court J urisdiction Today CHAPTER 3 FEDERALISM AND FEDERAL POWER GENERALLY I. The Concept of Federalism 1544-1549 II. McCulloch v. Maryland 62-76 62-78 70-81

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