Joseph L. Hoffmann
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Given all the conflicts and compromises of 1787, how did the American federal system come about? How did the Framers solve the issues of the day while preserving flexibility for the future? Review the enumerated powers of the federal government and see how power was balanced between the federal government and the states.
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Books That Matter The Federalist Papers volume 11
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English
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The story of the Constitution is one of both stability and change. In this episode, take a look at some of the most important ways the Constitution has evolved over the past 230 years. Consider whether the changes have largely honored the original spirit of the Constitution or broken faith with the vision of the Framers.
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When the Framers gathered in Philadelphia to write a new constitution, they essentially were representing a loose federation of nation-states. Their original charge was to modify the Articles of Confederation, but there was a solid case for a strong central government. Examine this dilemma and the compromises that Madison and Hamilton made.
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James Madison believed the legislature posed the greatest threat to the integrity of the system the Framers had so carefully designed. In "Federalist No. 48," "Federalist No. 51," and elsewhere, he laid out warnings about the legislature seizing too much power, as well as the solution of a bicameral legislature. Delve into this thorny issue.
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Understanding The Federalist Papers starts with understanding who wrote them and why they were written. In this opening episode, go back to 1787 to meet Alexander Hamilton, James Madison, and John Jay to find out what challenges they faced in communicating the need for the new US Constitution.
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In Federalist Nos. 47 through 51, James Madison explains why the concept of "separation of powers" is so important for the future of the American government. Dig into these five amazing essays to understand what the familiar term "separation of powers" really means, and why he was so optimistic about America's future.
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The system that emerged under the new constitution gave the federal government the ability to determine the scope of its own powers. What checks did the system place on the federal government? Who gets to decide when the federal government has violated its powers? Reflect on the powers of the states and the American people.
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Books That Matter The Federalist Papers volume 10
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English
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Round out your study of the branches of government with an in-depth look at the federal judiciary, one of the three branches of the federal government. The Framers believed the judiciary was the branch least likely to infringe on the liberty of the American people. Reflect on its role and its power, then review the most important constitutional law case in American History: Marbury v. Madison.
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Shift your attention from the legislature to the chief executive, the single most powerful government official in the world today. But, as you'll learn in your exploration of The Federalist Papers, the Framers had a different view of the presidency. Review Alexander Hamilton's essays about the office and the powers of the president.
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Books That Matter The Federalist Papers volume 12
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English
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What does the future look like for America's democratic republic? As you've seen, one of the most important trends has been the gradual increase in federal power, but the tension between federal and state power remains. Is there still a future for republican government? What might a Second Constitutional Convention look like? And would we want to find out?
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The idea of popular sovereignty (the power of the American people) reshaped the relationship between the states and the federal government. In this episode, consider the ever-changing relationship of the states to the federal government. See how the institution of slavery was the catalyst for a crisis.
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The Framers of the Constitution believed pure democracy was something to be feared for the way it would lead to the rise of factions, which would in turn tear apart the system. Was it possible to create a new model that offered the benefits of representative democracy without the problems of factions? See how the Framers tackled this conflict.
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Great Courses volume 5
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English
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A powerful opening statement requires many things: credibility, persuasion, logic. Using the George Zimmerman and O.J. Simpson trials as case studies, go inside the (sometimes tricky) art of crafting palpable opening statements that grab the jury's attention and leave it eager to hear the testimony to come.
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Great Courses volume 39
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In this lecture, investigate the concepts of reasonable care and the concept the legal system uses to determine it: the reasonable person. You'll consider the meaning of reasonable care, debates over the proper definition of "fault," the relationship between reasonable care and cost-benefit analysis, and more.
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Great Courses volume 46
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Tort law isn't fixed in stone but instead evolves to meet a changing society. Case in point: the development of modern products liability law. In the first of two lectures on the subject, walk through some elegant cases in torts to determine why products liability has promoted litigation on a massive scale.
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Great Courses volume 15
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Homicides, according to Professor Hoffmann, are unique among crimes. In this lecture, examine the pyramid of homicidal crimes, including involuntary manslaughter, second-degree murder, and first-degree murder. Also, consider several real-world examples that highlight the issue of culpability in homicide, including the case of Dr. Jack Kevorkian's assisted suicides.
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Great Courses volume 16
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Turn to self-defense and get a better understanding of how criminal law tries to balance between the rights of the threatened and those who are threats. Along the way, consider issues including "the retreat doctrine," the "battered spouse syndrome," "stand your ground" laws, and the use of deadly force by the police.
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Great Courses volume 37
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Start your whirlwind tour of torts with an exam question Professor Cheng gives to his own students: one that will introduce you to the history, complexity - and oddities - of this aspect of law. What behaviors does tort law expect from us? What harms can we be responsible for?
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Great Courses volume 4
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Continuing with the case of George Zimmerman, explore the intricate nature of trial strategy that takes place away from the jury's eyes. Learn how lawyers operate before a trial, and how a jury is selected. Also, examine how media coverage impacts what happens inside (and outside) the courtroom.
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Great Courses volume 32
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In this lecture, consider the mechanisms of a motion for summary judgment, by which a judge can resolve a suit with something less than a complete trial. Central to this lecture are two important cases that highlight the nuances of this type of motion: Celotex v. Catrett and Denman v. Spain.