American Judicial Power

Author : Michael Buenger,Paul J. De Muniz
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 51,9 Mb
Release : 2015-11-27
Category : LAW
ISBN : 9781783477906

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American Judicial Power by Michael Buenger,Paul J. De Muniz Pdf

American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.

Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 47,9 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667

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Judicial Power by Christine Landfried Pdf

Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

Author : William Lasser
Publisher : UNC Press Books
Page : 368 pages
File Size : 52,8 Mb
Release : 2017-10-01
Category : Political Science
ISBN : 9781469632469

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The Limits of Judicial Power by William Lasser Pdf

Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Author : Edward A. Purcell
Publisher : Yale University Press
Page : 446 pages
File Size : 49,9 Mb
Release : 2000-02-09
Category : Law
ISBN : 0300078048

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Brandeis and the Progressive Constitution by Edward A. Purcell Pdf

During the twentieth century, and particularly between the 1930s and 1950s, ideas about the nature of constitutional government, the legitimacy of judicial lawmaking, and the proper role of the federal courts evolved and shifted. This book focuses on Supreme Court justice Louis D. Brandeis and his opinion in the 1938 landmark case Erie Railroad Co. v. Tompkins, which resulted in a significant relocation of power from federal to state courts. Distinguished legal historian Edward A. Purcell, Jr., shows how the Erie case provides a window on the legal, political, and ideological battles over the federal courts in the New Deal era. Purcell also offers an in-depth study of Brandeis's constitutional jurisprudence and evolving legal views. Examining the social origins and intended significance of the Erie decision, Purcell concludes that the case was a product of early twentieth-century progressivism. The author explores Brandeis's personal values and political purposes and argues that the justice was an exemplar of neither "judicial restraint" nor "neutral principles," despite his later reputation. In an analysis of the continual reconceptions of both Brandeis and Erie by new generations of judges and scholars in the twentieth century, Purcell also illuminates how individual perspectives and social pressures combined to drive the law's evolution.

Author : Kermit L. Hall
Publisher : Routledge
Page : 503 pages
File Size : 55,7 Mb
Release : 2014-07-22
Category : Law
ISBN : 9781135691462

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Judicial Review and Judicial Power in the Supreme Court by Kermit L. Hall Pdf

Available as a single volume or as part of the 10 volume set Supreme Court in American Society

Author : John V. Orth
Publisher : Oxford University Press, USA
Page : 248 pages
File Size : 54,8 Mb
Release : 1987
Category : Constitutional amendments
ISBN : 9780195040999

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The Judicial Power of the United States by John V. Orth Pdf

The Eleventh Amendment is one of the most obscure and sharply debated parts of the United States Constitution. The interpretation of this seeminly simple clause has troubled the Supreme Court at crucial periods in American history, and continues to excite sharp debate in the Court today. John V. Orth reconstructs the fascinating but little-known past of the Eleventh Amendment and connects it to pressing modern issues to provide new insight into the history of judicial interpretation.

Author : Robert J. McKeever
Publisher : Manchester University Press
Page : 342 pages
File Size : 43,5 Mb
Release : 1995
Category : Constitutional law
ISBN : 0719048737

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Raw Judicial Power? by Robert J. McKeever Pdf

Published here with a new chapter covering judgements from 1993 to 1995, Raw judicial power? is established as the definitive analysis of the powerful forces shaping the United States Supreme Court today. Robert J. McKeever analyses the approach of the Court to the most pressing contemporary social issues, such as capital punishment, abortion, race and affirmative action, gender equality and religion, sex and politics. He shows how social policy initiatives in the US have often come from the judicial rather than the legislative branch of government, leading to charges that the Supreme Court has been exercising 'raw judicial power'. He examines the policy decisions the Court has made, and argues that the Court has increasingly jettisoned traditional notions of constitutional interpretation in order to tackle the conflicts in contemporary American society. Students of American politics, constitutional law and social policy will all find this book invaluable.

Author : William Lasser
Publisher : Unknown
Page : 366 pages
File Size : 54,7 Mb
Release : 2024-06-29
Category : Electronic
ISBN : 0608086002

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The Limits of Judicial Power by William Lasser Pdf

A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Author : Brinton Coxe
Publisher : The Lawbook Exchange, Ltd.
Page : 434 pages
File Size : 42,6 Mb
Release : 2005
Category : Constitutional law
ISBN : 9781584775348

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An Essay on Judicial Power and Unconstitutional Legislation by Brinton Coxe Pdf

Coxe's main argument is that the "Constitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordingly" (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law.

Author : Robert H. Jackson
Publisher : Unknown
Page : 442 pages
File Size : 51,5 Mb
Release : 1962
Category : Constitutional law
ISBN : UOM:39015005474914

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The Struggle for Judicial Supremacy by Robert H. Jackson Pdf

Author : Prof William Lasser
Publisher : Unknown
Page : 128 pages
File Size : 49,5 Mb
Release : 1988-01-01
Category : Electronic
ISBN : 0807862770

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The Limits of Judicial Power by Prof William Lasser Pdf

Author : Sotirios A. Barber
Publisher : Unknown
Page : 304 pages
File Size : 49,7 Mb
Release : 1993
Category : Law
ISBN : UOM:39015026804511

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The Constitution of Judicial Power by Sotirios A. Barber Pdf

Barber shows that New Right theorists, such as Bork, and establishment liberals, such as Ronald Dworkin, are moral relativists who cannot escape conclusions ("might makes right," for example) that could destroy constitutionalism in America. The best hope for American freedoms, Barber argues, is to revive classical constitutionalism - and he explains how new movements in philosophy today allow the Court's friends to do just that. Written in a lively and engaging style.

Author : George I. Lovell
Publisher : Cambridge University Press
Page : 314 pages
File Size : 41,6 Mb
Release : 2003-03-31
Category : Political Science
ISBN : 9781139440615

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Legislative Deferrals by George I. Lovell Pdf

Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence, and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. This book argues for a fundamental shift in the way scholars think about judicial policy-making. Scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. This study of legislative deference to the courts offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy.

Author : C Neal Tate,Torbjorn Vallinder
Publisher : NYU Press
Page : 482 pages
File Size : 41,7 Mb
Release : 1997-06-01
Category : Political Science
ISBN : 9780814770061

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The Global Expansion of Judicial Power by C Neal Tate,Torbjorn Vallinder Pdf

In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.

Author : Alexander Hamilton,John Jay,James Madison
Publisher : Read Books Ltd
Page : 455 pages
File Size : 49,8 Mb
Release : 2018-08-20
Category : History
ISBN : 9781528785877

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The Federalist Papers by Alexander Hamilton,John Jay,James Madison Pdf

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.