Evolution Of The Judicial Opinion

Author : William D. Popkin
Publisher : NYU Press
Page : 301 pages
File Size : 48,7 Mb
Release : 2007-10-01
Category : Law
ISBN : 0814767494

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Evolution of the Judicial Opinion by William D. Popkin Pdf

In this sweeping study of the judicial opinion, William D. Popkin examines how judges' opinions have been presented from the early American Republic to the present. Throughout history, he maintains, judges have presented their opinions within political contexts that involve projecting judicial authority to the external public, yet within a professional legal culture that requires opinions to develop judicial law through particular institutional and individual judicial styles. Tracing the history of judicial opinion from its roots in English common law, Popkin documents a general shift from unofficially reported oral opinions, to semi-official reports, to the U.S. Supreme Court's adoption in the early nineteenth century of generally unanimous opinions. While this institutional base was firmly established by the twentieth century, Popkin suggests that the modern U.S. judicial opinion has reverted—in some respects—to one in which each judge expresses an individual point of view. Ultimately, he concludes that a shift from an authoritative to a more personal and exploratory individual style of writing opinions is consistent with a more democratic judicial institution.

Author : Anonymous
Publisher : Legare Street Press
Page : 0 pages
File Size : 51,7 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 1020237708

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Great Opinions by Great Judges by Anonymous Pdf

This collection of judicial opinions includes some of the most influential and groundbreaking cases in the history of law. From landmark Supreme Court rulings to pivotal decisions from lower courts, these opinions have shaped the legal landscape of the United States and beyond. Ideal for legal scholars, practitioners, and anyone interested in the history and evolution of the law. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Paul W. Kahn
Publisher : Yale University Press
Page : 256 pages
File Size : 54,5 Mb
Release : 2016-01-01
Category : Law
ISBN : 9780300212082

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Making the Case by Paul W. Kahn Pdf

Writing in the tradition of Karl Llewellyn's classic The Bramble Bush, Paul Kahn speaks in this book simultaneously to students and scholars. Drawing on thirty years of teaching experience, Kahn introduces students to the deep, narrative structure of the judicial opinion. Learning to read the opinion, the student learns the nature of legal argument. Thus Kahn's exposition of the opinion simultaneously offers a theory of legal meaning that will be of great interest to scholars of law, humanities, and the social sciences. At the center of Kahn's approach are ideas of narrative, persuasion, and self-government. His sweeping account of interpretation in law offers innovative views of the nature of authorship, the development and decline of doctrine, and the construction of facts.

Author : Steven Gow Calabresi
Publisher : Oxford University Press
Page : 384 pages
File Size : 52,8 Mb
Release : 2021-04-13
Category : Law
ISBN : 9780190075798

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The History and Growth of Judicial Review, Volume 1 by Steven Gow Calabresi Pdf

This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume One discusses the G-20 common law countries and Israel.

Author : Jack M. Sosin
Publisher : Praeger
Page : 384 pages
File Size : 41,7 Mb
Release : 1989-09-26
Category : Law
ISBN : UCAL:B4389671

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The Aristocracy of the Long Robe by Jack M. Sosin Pdf

Is judicial review constitutionally required or even authorized? Can it be said whether the federal courts exercise this power with the consent of the electorate? Sosin addresses these challenging questions in the broad context of the Anglo-American historical experience. He examines the evolution of courts of judicature and legislatures and the contests for power that were waged from the seventeenth to eighteenth century. The origins of the English court system and the establishment of common law are first described. The author traces the rise in judicial and parliamentary power that occurred with the erosion of the royal prerogative and discusses the constitutional and legal heritage that provided the framework for law, courts, and legislatures in colonial America. Following an examination of political, legislative, and legal development during the colonial period, Sosin looks at the philosophical and ideological controversies that influenced the framing of the Constitution, particulary the conflicting views of the proper relationship between the legislature and judiciary. Despite the emphatic opposition voiced by some framers to giving judges the power to overturn legislative action by ruling on the constitutionality of federal laws, the Supreme Court was able to declare itself the final arbiter and ultimate interpreter of the Constitution as early as the first decade of the nineteenth century. The author's analysis indicates that the Court's assumption of the power of judicial review was neither inevitable politically nor the logical result of the founders desire to limit government and protect the rights of individuals against interferences by public authority. Echoing early English and American political figures, Sosin asks whether this expanded, arbitrary judicial power can be considered appropriate in a representative democracy. The product of meticulous research and careful historical analysis, this provocative study will be relevant reading for a variety of courses in American government, political science, and history.

Author : John M. Harlan
Publisher : Unknown
Page : 341 pages
File Size : 50,7 Mb
Release : 1969
Category : Judicial opinions
ISBN : 0608101087

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The Evolution of a Judicial Philosophy by John M. Harlan Pdf

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 40,8 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Author : Edward Samuel Corwin
Publisher : The Lawbook Exchange, Ltd.
Page : 236 pages
File Size : 54,7 Mb
Release : 2001
Category : Law
ISBN : UOM:39015056936324

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The Doctrine of Judicial Review by Edward Samuel Corwin Pdf

Five essays examine the concept of "judicial review" from a historical perspective. The term is defined as the power and duty of a court to disregard ultra vires legislative acts.

Author : John Marshall Harlan
Publisher : Unknown
Page : 311 pages
File Size : 55,6 Mb
Release : 1969
Category : Judicial opinions
ISBN : OCLC:468160890

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The Evolution of a Judicial Philosophy by John Marshall Harlan Pdf

Author : Kathryn M. Stanchi,Linda L. Berger,Bridget J. Crawford
Publisher : Cambridge University Press
Page : 615 pages
File Size : 49,8 Mb
Release : 2016-08-02
Category : Law
ISBN : 9781107126626

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Feminist Judgments by Kathryn M. Stanchi,Linda L. Berger,Bridget J. Crawford Pdf

Fifty feminist law professors come together to rewrite twenty-five major Supreme Court opinions on gender justice and equality.

Author : Christopher Wolfe
Publisher : Rowman & Littlefield Publishers
Page : 463 pages
File Size : 50,5 Mb
Release : 1994-03-29
Category : Philosophy
ISBN : 9781461645467

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The Rise of Modern Judicial Review by Christopher Wolfe Pdf

This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.

Author : Mauro Cappelletti
Publisher : MICHIE
Page : 144 pages
File Size : 46,9 Mb
Release : 1971
Category : Law
ISBN : STANFORD:36105043867519

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Judicial Review in the Contemporary World by Mauro Cappelletti Pdf

Author : Lorne Sossin
Publisher : Scarborough, Ont. : Carswell
Page : 246 pages
File Size : 41,6 Mb
Release : 1999
Category : Law
ISBN : 0459239287

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Boundaries of Judicial Review by Lorne Sossin Pdf

Author : Martine Valois,Ian Greene,Craig Forcese,Peter McCormick
Publisher : Irwin Law
Page : 128 pages
File Size : 41,6 Mb
Release : 2021-10
Category : Electronic
ISBN : 1552215474

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The Federal Court of Appeal and the Federal Court by Martine Valois,Ian Greene,Craig Forcese,Peter McCormick Pdf

The Federal Court of Appeal and Federal Court are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.

Author : James T. Patterson
Publisher : Oxford University Press
Page : 320 pages
File Size : 47,6 Mb
Release : 2001-03-01
Category : History
ISBN : 9780199880843

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Brown v. Board of Education by James T. Patterson Pdf

2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?