Download Full eBooks in PDF
Justice Kennedy S Jurisprudence Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Justice Kennedy S Jurisprudence book. This book definitely worth reading, it is an incredibly well-written.
Author : Frank J. Colucci
Publisher : Unknown
Page : 264 pages
File Size : 52,9 Mb
Release : 2009
Category : Biography & Autobiography
ISBN : STANFORD:36105134463335
Examines the judicial philosophy of Supreme Court Justice Anthony M. Kennedy, who has been the critical swing vote on the Court for the last 20 years.
Author : Congressional Service
Publisher : Createspace Independent Publishing Platform
Page : 72 pages
File Size : 49,9 Mb
Release : 2018-07-21
Category : Electronic
ISBN : 1723252778
On June 27, 2018, Justice Anthony M. Kennedy announced that, effective July 31, 2018, he would retire from active service as an Associate Justice on the Supreme Court of the United States. His decisive role on the Court, particularly since the Roberts Court era began in 2005, cannot be overstated. The Roberts Court era has witnessed the Court issue a number of landmark rulings, many of which have involved matters where the sitting Justices were closely divided. Justice Kennedy typically voted with the majority of the Court in such cases. Since the October 2005 term that marked the beginning of the Roberts Court, Justice Kennedy voted for the winning side in a case more often than any of his colleagues in 9 out of 12 terms. Unlike several other Justices on the Court, Justice Kennedy did not necessarily subscribe to a particular judicial philosophy, such as originalism or textualism. Instead, Justice Kennedy's judicial approach seemed informed by a host of related principles. First, Justice Kennedy's views on the law were often grounded in concerns for personal liberty, particularly freedom from government interference with thought, belief, expression, and certain intimate conduct. His emphasis on liberty manifested itself in a range of opinions he wrote or joined during his tenure on the Court, including on issues related to free speech, religious freedom, and government policies concerning same-sex relationships. Second, the structural protections of the Constitution-i.e., restraints imposed on the federal government and its respective branches by the doctrines of federalism and separation of powers-also animated Justice Kennedy's jurisprudence. For Justice Kennedy, separation of powers was a "defense against tyranny," and he authored or joined a number of Court opinions that invalidated on separation-of-powers grounds intrusions on the executive, legislative, or judicial functions. Likewise, during the Rehnquist Court and Roberts Court eras, Justice Kennedy joined several majority opinions that recognized federalism-based limitations on the enumerated power of the federal government, established external limitations on Congress's legislative powers over the states, and reaffirmed protections for state sovereignty. Third, Justice Kennedy's jurisprudence was undergirded by his view that the Court often has a robust role to play in resolving issues of national importance. With Justice Kennedy casting critical votes, over the last 30 years the Court has reasserted its role in a number of areas of law in which it was previously deferential to the judgment of the political branches. Given Justice Kennedy's outsized role on the Roberts Court, whoever succeeds him could have an important influence on any number of areas of law. In particular, Justice Kennedy's votes were critical to the outcome of numerous Court decisions on matters relating to abortion, business law, civil rights, the death penalty, the regulation of elections, eminent domain, the environment, federalism, the First Amendment, gun rights, immigration, national security, oversight of the administrative state, and separation of powers. Accordingly, Justice Kennedy's jurisprudence in these areas-particularly in cases where he was the deciding vote-may be especially relevant to the Senate as it determines whether to approve the President's nominee to replace the soon-to-be-retired Justice. On July 9, 2018, President Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to- fill the impending vacancy on the Supreme Court caused by Justice Kennedy's scheduled retirement. CRS reports analyzing Judge Kavanaugh's jurisprudence on particular areas of the law, as well as a tabular listing of lower-court decisions in which he authored opinions, are in preparation.
Author : Helen J. Knowles
Publisher : Rowman & Littlefield
Page : 320 pages
File Size : 53,7 Mb
Release : 2018-10-19
Category : Law
ISBN : 9781538124161
At the end of Kennedy’s tenure as the most important swing justice in recent Supreme Court history, Helen Knowles provides an updated edition of her highly regarded book on Justice Kennedy and his constitutional vision.
Author : David A. Frank,Francis J. Mootz III
Publisher : Penn State Press
Page : 295 pages
File Size : 42,6 Mb
Release : 2023-03-12
Category : Language Arts & Disciplines
ISBN : 9780271096148
Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice’s rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots—especially on race, women’s rights, and immigration—but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy’s jurisprudence, this book provides new insight into Kennedy’s legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O’Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.
Author : Anthony Danilo Bartl
Publisher : LFB Scholarly Publishing
Page : 0 pages
File Size : 49,9 Mb
Release : 2014
Category : Law
ISBN : 1593327609
Justice Anthony Kennedy is the nation's most influential jurist, but his constitutional opinions often elicit the criticism that he is led more by personal whimsy than by constitutional principle. A few recent defenders have described Kennedy's jurisprudence as uniquely devoted to the principle of liberty-and even to libertarianism. Bartl argues that these defenders have been, in large part, correct but that they have missed half the story. While Kennedy indeed champions liberty where the Constitution demands it, he is no less the champion of equality where the Constitution focuses on that coequal and coordinate principle.
Author : David A. Frank,Francis J. Mootz III
Publisher : Penn State University Press
Page : 0 pages
File Size : 44,9 Mb
Release : 2023
Category : Judges
ISBN : 0271094842
Known as the "swing justice," Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy's legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy's opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice's rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots--especially on race, women's rights, and immigration--but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy's jurisprudence, this book provides new insight into Kennedy's legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O'Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.
Author : Duncan Kennedy
Publisher : Harvard University Press
Page : 436 pages
File Size : 41,5 Mb
Release : 2009-06-01
Category : Law
ISBN : 0674039521
A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.
Author : H. Knowles,S. Lichtman
Publisher : Springer
Page : 288 pages
File Size : 40,8 Mb
Release : 2016-04-08
Category : Political Science
ISBN : 9781137412621
Judging Free Speech contains nine original essays by political scientists and law professors, each providing a comprehensive, yet concise and accessible overview of the free speech jurisprudence of a United States Supreme Court Justice.
Author : Sarah McKibbin,Anthony Kennedy
Publisher : Bloomsbury Publishing
Page : 293 pages
File Size : 45,6 Mb
Release : 2023-05-04
Category : Law
ISBN : 9781509954285
This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa.
Author : Helena Kennedy
Publisher : Random House
Page : 322 pages
File Size : 53,7 Mb
Release : 2011-03-31
Category : Social Science
ISBN : 9781446468340
Eve Was Framed offers an impassioned, personal critique of the British legal system. Helena Kennedy focuses on the treatment of women in our courts - at the prejudices of judges, the misconceptions of jurors, the labyrinths of court procedures and the influence of the media. But the inequities she uncovers could apply equally to any disadvantaged group - to those whose cases are subtly affected by race, class poverty or politics, or who are burdened, even before they appear in court, by misleading stereotypes.
Author : Jeffrey Rosen
Publisher : Henry Holt and Company
Page : 288 pages
File Size : 42,7 Mb
Release : 2019-11-05
Category : Biography & Autobiography
ISBN : 9781250235176
In her own words, Ruth Bader Ginsburg offers an intimate look at her life and career, through an extraordinary series of conversations with the head of the National Constitution Center. This remarkable book presents a unique portrait of Justice Ruth Bader Ginsburg, drawing on more than twenty years of conversations with Jeffrey Rosen, starting in the 1990s and continuing through the Trump era. Rosen, a veteran legal journalist, scholar, and president of the National Constitution Center, shares with us the justice’s observations on a variety of topics, and her intellect, compassion, sense of humor, and humanity shine through. The affection they have for each other as friends is apparent in their banter and in their shared love for the Constitution—and for opera. In Conversations with RBG, Justice Ginsburg discusses the future of Roe v. Wade, her favorite dissents, the cases she would most like to see overruled, the #MeToo movement, how to be a good listener, how to lead a productive and compassionate life, and of course the future of the Supreme Court itself. These frank exchanges illuminate the steely determination, self-mastery, and wit that have inspired Americans of all ages to embrace the woman known to all as “Notorious RBG.” Whatever the topic, Justice Ginsburg always has something interesting—and often surprising—to say. And while few of us will ever have the opportunity to chat with her face-to-face, Jeffrey Rosen brings us by her side as never before. Conversations with RBG is a deeply felt portrait of an American hero.
Author : James B. Staab
Publisher : Rowman & Littlefield Publishers
Page : 406 pages
File Size : 51,8 Mb
Release : 2006-05-04
Category : Biography & Autobiography
ISBN : 9781461714934
The Political Thought of Antonin Scalia: A Hamiltonian on the Supreme Court traces Justice Antonin Scalia's jurisprudence back to the political and constitutional thought of Alexander Hamilton. Not only is there substantial agreement between these two men in the areas of constitutional interpretation, federalism, separation of powers, executive and judicial power, but the two men also have similar temperaments: bold, decisive, and principled. By examining the congruence in thought between Hamilton and Scalia, it is hoped that a better and deeper understanding of Justice Scalia's jurisprudence will be achieved. While an abundance of scholarship has been written on Justice Scalia, no one has systematically examined his political philosophy. This book also draws out the important differences between Justice Scalia's jurisprudence and that of the other conservative members of the Court_the late Chief Justice William Rehnquist and Justices Sandra Day O'Connor, Anthony Kennedy, and Clarence Thomas.
Author : A. Leon Higginbotham Jr.
Publisher : Oxford University Press
Page : 352 pages
File Size : 46,8 Mb
Release : 1998-06-11
Category : Social Science
ISBN : 9780190284091
Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.
Author : Joan Biskupic
Publisher : Basic Books
Page : 415 pages
File Size : 46,7 Mb
Release : 2019-03-26
Category : Biography & Autobiography
ISBN : 9780465093281
An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.
Author : Laurence Tribe,Joshua Matz
Publisher : Macmillan + ORM
Page : 418 pages
File Size : 54,8 Mb
Release : 2014-06-03
Category : Political Science
ISBN : 9780805099133
Harvard Law School scholars Laurence Tribe and Joshua Matz reveal how Chief Justice John Roberts is shaking the foundation of our nation’s laws in Uncertain Justice: The Roberts Court and the Constitution. From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. Political gridlock, cultural change, and technological progress mean that the court’s decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country’s leading constitutional lawyers—and Matz dig deeply into the court’s rulings, stepping beyond tired debates over judicial “activism” to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live. “Marvelous...Tribe and Matz’s insights are illuminating.... [They] offer well-crafted overviews of key cases decided by the Roberts Court ... [and] chart the Supreme Court’s conservative path, clarifying complex cases in accessible terms.”—The Chicago Tribune “Well-written and highly readable...The strength of the book is its painstaking explanation of all sides of the critical cases, giving full voice and weight to conservative and liberal views alike.”—The Washington Post
