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Documents the story of "Penny" Hardaway, tracing the injuries that halted his progress as a star athlete and his decision to coach the Lester Middle School basketball team in Memphis, where he helped young players to overcome gang violence and domestic abuse to become state champions.
Ian Greene offers an insider's perspective on the role of judges, lawyers, and expert witnesses; the cost of litigation; the representativeness of juries; legal aid issues; and questions of jury reform. He also examines judicial activism in the wider context of public participation in courts administration and judicial selection and of how responsive the courts are to the expectations of Canadian citizens. The Courts moves its examination of the judicial system beyond the well-trodden topics of judicial appointment, discipline, independence, and review to consider the ways in which courts affect daily life in terms of democratic principles. Although courts are often viewed as elitist and unaccountable, they are more valuable aspect of democratic practice than most citizens realize.
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.
The Authority of the Court and the Peril of Politics by Stephen Breyer Pdf
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants – and governments often wield this power strategically. The first study of its kind, Seeking the Court’s Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.
Fifteen-year-old Fawad has big dreams about being the world's first Pakistani to be drafted into the NBA. A first-generation Pakistani coming-of-age story for fans of David Yoon and Ben Philippe. Fifteen-year-old Fawad Chaudhry loves two things: basketball and his mother's potato and ground beef stuffed parathas. Both are round and both help him forget about things like his father, who died two years ago, his mother’s desire to arrange a marriage to his first cousin, Nusrat, back home in Pakistan, and the tiny apartment in Regent Park he shares with his mom and sister. Not to mention his estranged best friend Yousuf, who's coping with the shooting death of his older brother. But Fawad has plans: like, asking out Ashley, even though she lives on the other, wealthier side of the tracks, and saving his friend Arif from being beaten into a pulp for being the school flirt, and making the school basketball team and dreaming of being the world’s first Pakistani to be drafted into the NBA. All he has to do now is convince his mother to let him try out for the basketball team. And let him date girls from his school. Not to mention somehow get Omar, the neighborhood bully, to leave him alone . . .
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
Operating in the Courts of Heaven by Robert Henderson Pdf
Why do some people pray in agreement with Gods will, heart and timing, yet the desired answers do not come? Why would God not respond when we pray from the earnestness of our hearts? What is the problem, or better yet, what is the solution? Robert Henderson believes the answer is found in where your prayer actually takes place. We must direct our prayer towards the Courts of Heaven and not only the battlefield. Robert shows that it is in the courtrooms of Heaven where our breakthroughs can be found. When you learn to operate there you will see your answers unlocked and released. This book will teach you the legal processes of Heaven and how to operate in its courts. When you get off the battlefield and into the courtroom you can grant God the legal clearance to fulfill His passion and answer your prayers.
This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?
Unions in Court by Charles W. Smith,Larry Savage Pdf
Since the turn of the twenty-first century, Canadian unions have scored a number of important Supreme Court victories, securing constitutional rights to picket, bargain collectively, and strike. Unions in Court documents the evolution of the Canadian labour movement’s engagement with the Charter, demonstrating how and why labour’s long-standing distrust of the legal system has given way to a controversial, Charter-based legal strategy. This book’s in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields.
Author : Lawrence Baum Publisher : University of Chicago Press Page : 296 pages File Size : 51,9 Mb Release : 2011-01-15 Category : Law ISBN : 9780226039565
Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas. Specializing the Courts provides the first comprehensive analysis of this growing trend toward specialization in the federal and state court systems. Lawrence Baum incisively explores the scope, causes, and consequences of judicial specialization in four areas that include most specialized courts: foreign policy and national security, criminal law, economic issues involving the government, and economic issues in the private sector. Baum examines the process by which court systems in the United States have become increasingly specialized and the motives that have led to the growth of specialization. He also considers the effects of judicial specialization on the work of the courts by demonstrating that under certain conditions, specialization can and does have fundamental effects on the policies that courts make. For this reason, the movement toward greater specialization constitutes a major change in the judiciary.
Baker argues that coordinate interpretation - a model which requires both elected and appointed officials to interpret the Charter - allows for the creation of a more robust democracy, alleviating some of the tension between constitutionalism and democracy while limiting judicial activism. Drawing on literature from Montesquieu to recent court decisions, Not Quite Supreme gives an extensive critique of both Canadian and American judicial models and explores the tensions between the separation of powers in both countries. Not Quite Supreme is a fresh and substantial contribution to the debate, advancing a new argument in support of a more diverse tradition of legal decision making in Canada that makes the constitution, rather than individual decisions of the Court, its cornerstone.