Raw Judicial Power

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Raw Judicial Power?

Author : Robert J. McKeever
Publisher : Manchester University Press
Page : 342 pages
File Size : 45,9 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.

The Lawmakers

Author : John T. Saywell
Publisher : University of Toronto Press
Page : 486 pages
File Size : 47,9 Mb
Release : 2002-01-01
Category : History
ISBN : 080208656X

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The Lawmakers by John T. Saywell Pdf

Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.

The Rise of Modern Judicial Review

Author : Christopher Wolfe
Publisher : Rowman & Littlefield Publishers
Page : 463 pages
File Size : 47,8 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.

America's Heritage

Author : Herbert W. Titus
Publisher : Unknown
Page : 128 pages
File Size : 40,7 Mb
Release : 2006
Category : Constitutional law
ISBN : OCLC:654466678

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America's Heritage by Herbert W. Titus Pdf

The Hollow Hope

Author : Gerald N. Rosenberg
Publisher : University of Chicago Press
Page : 541 pages
File Size : 53,7 Mb
Release : 2008-09-15
Category : Political Science
ISBN : 9780226726687

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The Hollow Hope by Gerald N. Rosenberg Pdf

In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

The Soul of a Nation

Author : Bernard J. Coughlin
Publisher : Hamilton Books
Page : 234 pages
File Size : 42,8 Mb
Release : 2012-09-27
Category : Social Science
ISBN : 9780761858942

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The Soul of a Nation by Bernard J. Coughlin Pdf

Since World War II, there have been many changes in our nation due to shifts in our philosophy of man and moral law. The Soul of a Nation is a series of essays on these critical transformations in our society. This book will be of interest to citizens and scholars who question our society’s political drift in recent years. The Soul of a Nation was written not only for scholars and students, but for their parents and elders as well.

Are Judges Political?

Author : Cass R. Sunstein,David Schkade,Lisa Ellman
Publisher : Rowman & Littlefield
Page : 194 pages
File Size : 51,9 Mb
Release : 2007-02-01
Category : Law
ISBN : 9780815782353

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Are Judges Political? by Cass R. Sunstein,David Schkade,Lisa Ellman Pdf

Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.

Perils of Judicial Self-Government in Transitional Societies

Author : David Kosař
Publisher : Cambridge University Press
Page : 487 pages
File Size : 47,6 Mb
Release : 2016-04
Category : Law
ISBN : 9781107112124

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Perils of Judicial Self-Government in Transitional Societies by David Kosař Pdf

This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.

The Responsible Exercise of Judicial Power

Author : Terri Lynn Jennings
Publisher : Unknown
Page : 436 pages
File Size : 42,5 Mb
Release : 1991
Category : Constitutional law
ISBN : STANFORD:36105044596497

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The Responsible Exercise of Judicial Power by Terri Lynn Jennings Pdf

Abortion and the Conscience of the Nation

Author : Ronald Reagan
Publisher : Unknown
Page : 102 pages
File Size : 52,7 Mb
Release : 1984
Category : Social Science
ISBN : UVA:X000747038

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Abortion and the Conscience of the Nation by Ronald Reagan Pdf

The American Doctrine Of Judicial Supremacy

Author : Charles Grove Haines
Publisher : Sagwan Press
Page : 402 pages
File Size : 52,7 Mb
Release : 2015-08-27
Category : Electronic
ISBN : 1340567547

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The American Doctrine Of Judicial Supremacy by Charles Grove Haines Pdf

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 was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. 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. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. 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.

The Burger Court and the Rise of the Judicial Right

Author : Michael J. Graetz,Linda Greenhouse
Publisher : Simon and Schuster
Page : 480 pages
File Size : 45,8 Mb
Release : 2017-06-06
Category : History
ISBN : 9781476732510

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The Burger Court and the Rise of the Judicial Right by Michael J. Graetz,Linda Greenhouse Pdf

The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.

Marbury V. Madison and Judicial Review

Author : Robert Lowry Clinton
Publisher : Unknown
Page : 352 pages
File Size : 47,9 Mb
Release : 1989
Category : Law
ISBN : UOM:39015018629470

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Marbury V. Madison and Judicial Review by Robert Lowry Clinton Pdf