Exploring The Vitality Of Stare Decisis In America

Author : Zena D. Crenshaw-Logal
Publisher : Universal-Publishers
Page : 92 pages
File Size : 43,9 Mb
Release : 2012
Category : Political Science
ISBN : 9781612331201

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Exploring the Vitality of Stare Decisis in America by Zena D. Crenshaw-Logal Pdf

Grassroots advocates, public interest attorneys, and legal scholars gathered in October 2011 at the University of Baltimore for the debut symposium of "The Matthew Fogg Symposia On The Vitality of Stare Decisis In America." Convening such a broad and in many ways diverse audience, requires the program series to be worthwhile academically, yet have populist appeal. Towards that end, the event website explains: "It is both scholarly and practical to examine the current vitality of stare decisis as a legal doctrine in America." That we use Latin to describe the concept suggests it is complex, mysterious, and beyond the cares of most Americans. Yet stare decisis, sometimes called the "doctrine of precedent," arguably preserves what is among their most valued treasures, the legitimacy of America's judiciary. Presumably our administration of justice remains stable, predictable, efficient, and welfare-enhancing by requiring courts to follow earlier resolutions of cases with comparable facts, circumstances, and/or law known as precedent. The Fogg symposia combine panels of public interest attorneys and law professors to consider whether compliance with stare decisis is reasonably assured in America given certain prescribed factors. In gathering, we not only witness their analyses in the context of stare decisis, but observe how the overall exchange impacts the analysis of each participant. This book is a report on the effort, touted as the most inclusive, important examination of American courts.

Author : Randy J. Kozel
Publisher : Cambridge University Press
Page : 191 pages
File Size : 53,6 Mb
Release : 2017-06-06
Category : Law
ISBN : 9781107127531

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Settled Versus Right by Randy J. Kozel Pdf

This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher : Unknown
Page : 848 pages
File Size : 43,5 Mb
Release : 1988
Category : Canada
ISBN : PSU:000014724008

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United States-Canada Free Trade Agreement by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice Pdf

Author : Thomas G. Hansford,James F. Spriggs II
Publisher : Princeton University Press
Page : 155 pages
File Size : 45,5 Mb
Release : 2018-06-05
Category : Law
ISBN : 9780691188041

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The Politics of Precedent on the U.S. Supreme Court by Thomas G. Hansford,James F. Spriggs II Pdf

The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.

Author : Anonim
Publisher : Unknown
Page : 1072 pages
File Size : 40,7 Mb
Release : 1832
Category : Law reports, digests, etc
ISBN : HARVARD:HL04Z2

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Records and Briefs of the United States Supreme Court by Anonim Pdf

Author : Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder
Publisher : Oxford University Press
Page : 272 pages
File Size : 50,6 Mb
Release : 2010-08-05
Category : Political Science
ISBN : 9780199750665

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Keeping Faith with the Constitution by Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder Pdf

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Author : Kenneth L. Grasso,Cecilia Rodriguez Castillo
Publisher : University Press of America
Page : 264 pages
File Size : 40,8 Mb
Release : 1998
Category : Law
ISBN : UOM:39015042144108

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Liberty Under Law by Kenneth L. Grasso,Cecilia Rodriguez Castillo Pdf

In recent decades, we have witnessed the emergence of ongoing public arguments about the intellectual and cultural foundations of our constitutional system; the norms governing constitutional interpretation and the proper role of the judiciary in this system; and the proper interpretation of certain key provisions of our fundamental law.

Author : Joseph Powderly
Publisher : BRILL
Page : 680 pages
File Size : 45,6 Mb
Release : 2020-06-08
Category : Law
ISBN : 9789004368729

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Judges and the Making of International Criminal Law by Joseph Powderly Pdf

In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.

Author : David A. Strauss
Publisher : Oxford University Press
Page : 176 pages
File Size : 49,7 Mb
Release : 2010-05-19
Category : Law
ISBN : 0199752532

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The Living Constitution by David A. Strauss Pdf

Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Author : Scott Hershovitz
Publisher : OUP Oxford
Page : 352 pages
File Size : 43,9 Mb
Release : 2006-09-28
Category : Law
ISBN : 9780191021657

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Exploring Law's Empire by Scott Hershovitz Pdf

Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory. The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin's work.

Author : Michael J. Gerhardt
Publisher : Oxford University Press
Page : 353 pages
File Size : 42,6 Mb
Release : 2011
Category : Law
ISBN : 9780199795796

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The Power of Precedent by Michael J. Gerhardt Pdf

The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.

Author : Christopher J. Peters
Publisher : Springer Science & Business Media
Page : 233 pages
File Size : 40,7 Mb
Release : 2014-02-11
Category : Law
ISBN : 9789400779518

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Precedent in the United States Supreme Court by Christopher J. Peters Pdf

This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

Author : Michael McCann
Publisher : Routledge
Page : 662 pages
File Size : 52,8 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351560740

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Law and Social Movements by Michael McCann Pdf

The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to group legal mobilization politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research in cause lawyering. It brings together the best of this research introduced by a detailed essay by the editor.

Author : Eugene F. Mooney
Publisher : University Press of Kentucky
Page : 191 pages
File Size : 51,8 Mb
Release : 2014-07-15
Category : Law
ISBN : 9780813163826

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Foreign Seizures by Eugene F. Mooney Pdf

The United States Supreme Court framed a unique legal doctrine on foreign seizure of American-owned property in the case of Banco Nacional de Cuba v. Sabbatino in 1963. This ruling has far-reaching implications for international law, American foreign policy, and the role of the Court in both domestic and international arenas of power. Disagreeing with the Court's decisions, Eugene F. Mooney undertakes to place the Act of State Doctrine in its proper historical, jurisprudential, and political perspective. Mooney argues forcefully that the dogmatic application of the Act of State Doctrine is indefensible in light of its origin, the history of past application, and the pressing current requirements of our international economy.

Author : Richard H. FALLON,Richard H Fallon
Publisher : Harvard University Press
Page : 199 pages
File Size : 40,7 Mb
Release : 2009-06-30
Category : Law
ISBN : 9780674036673

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Implementing the Constitution by Richard H. FALLON,Richard H Fallon Pdf

This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.