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Author : Adam Bonica,Maya Sen
Publisher : Cambridge University Press
Page : 335 pages
File Size : 48,5 Mb
Release : 2020-12-17
Category : Law
ISBN : 9781108841368
Presents a novel theory explaining how and why politicians and lawyers politicise courts.
Author : Erin Ryan
Publisher : Oxford University Press
Page : 429 pages
File Size : 46,8 Mb
Release : 2012-01-12
Category : Law
ISBN : 9780199737987
As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Author : Avidit Acharya,Matthew Blackwell,Maya Sen
Publisher : Princeton University Press
Page : 296 pages
File Size : 53,8 Mb
Release : 2020-03-10
Category : Political Science
ISBN : 9780691203720
"Despite dramatic social transformations in the United States during the last 150 years, the South has remained staunchly conservative. Southerners are more likely to support Republican candidates, gun rights, and the death penalty, and southern whites harbor higher levels of racial resentment than whites in other parts of the country. Why haven't these sentiments evolved or changed? Deep Roots shows that the entrenched political and racial views of contemporary white southerners are a direct consequence of the region's slaveholding history, which continues to shape economic, political, and social spheres. Today, southern whites who live in areas once reliant on slavery--compared to areas that were not--are more racially hostile and less amenable to policies that could promote black progress. Highlighting the connection between historical institutions and contemporary political attitudes, the authors explore the period following the Civil War when elite whites in former bastions of slavery had political and economic incentives to encourage the development of anti-black laws and practices. Deep Roots shows that these forces created a local political culture steeped in racial prejudice, and that these viewpoints have been passed down over generations, from parents to children and via communities, through a process called behavioral path dependence. While legislation such as the Civil Rights Act and the Voting Rights Act made huge strides in increasing economic opportunity and reducing educational disparities, southern slavery has had a profound, lasting, and self-reinforcing influence on regional and national politics that can still be felt today. A groundbreaking look at the ways institutions of the past continue to sway attitudes of the present, Deep Roots demonstrates how social beliefs persist long after the formal policies that created those beliefs have been eradicated."--Jacket.
Author : Oddný Mjöll Arnardóttir,Antoine Buyse
Publisher : Routledge
Page : 208 pages
File Size : 55,6 Mb
Release : 2016-02-26
Category : Law
ISBN : 9781317309109
The protection of human rights in Europe is currently at a crossroads. There are competing processes which push and pull the centre of gravity of this protection between the ECHR system in Strasbourg, the EU system in Luxemburg and Brussels, and the national protection of human rights. This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law.
Author : Shiv R.S. Bedi
Publisher : Bloomsbury Publishing
Page : 502 pages
File Size : 41,5 Mb
Release : 2007-01-18
Category : Law
ISBN : 9781847313430
The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law the ICJ has made immense contributions to the development of human rights law, and in so doing continues to provide solutions to mounting international problems, such as terrorism and unilateral use of force. Part I of the book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity. Furthermore it argues that the processes of international legislation and international adjudication are inseparable, and that there is no norm of international law which does not intertwine the fundamental principle of human dignity with human rights doctrine. Hence human rights law is more a school of law than merely a normative branch of international law, and the ICJ's willingness to engage in the development of human rights law depends upon which judicial ideology its judges subscribe to.In order to evaluate how this human rights spirit is manifested, or occasionally not manifested, through the vast jurisprudence of the ICJ, Parts II and III critically examine the Court's principal contentious and advisory cases in which it has treated human rights questions. The legal reasoning of the Court and the opinions appended to its decisions by its individual judges are analysed in light of the principle of human dignity and the doctrine of human rights.
Author : the late Bernard Schwartz
Publisher : Oxford University Press
Page : 477 pages
File Size : 47,6 Mb
Release : 1995-02-23
Category : Law
ISBN : 9780199840557
When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
Author : Stephanos Bibas
Publisher : Oxford University Press
Page : 318 pages
File Size : 52,9 Mb
Release : 2012-04-26
Category : Law
ISBN : 9780195374681
The Machinery of Criminal Justice explores the transformation of the criminal justice system and considers how criminal justice could better accommodate lay participation, values, and relationships.
Author : Harvey Brownstone
Publisher : ECW Press
Page : 295 pages
File Size : 42,7 Mb
Release : 2009-03
Category : Family & Relationships
ISBN : 9781554903467
Explaining complex family law concepts and procedures in a jargon-free style, this resource includes detailed information on how family court works, offers easily understandable case examples, and describes alternatives to litigation that are designed to help prevent families with children from entering the legal system to resolve disputes. Exploring subjects that apply to all parties involved in resolving separation, divorce, and custody conflictsjudges, lawyers, mediators, parenting coaches, psychologists, family counselors, and social workersthis reference demystifies the role of lawyers and judges, debunks the myth that parents can represent themselves in court, and examines each parents responsibility to ensure that post-separation conflicts are resolved with minimal emotional stress to children.
Author : Martha Minow,C. Cora True-Frost,Alex Whiting
Publisher : University of Michigan Press
Page : 397 pages
File Size : 53,7 Mb
Release : 2015-04-15
Category : Law
ISBN : 9780472052516
Legal scholars and practitioners examine the role of the ICC’s first prosecutor
Author : Donald L. Horowitz
Publisher : Brookings Inst Press
Page : 309 pages
File Size : 45,5 Mb
Release : 1977
Category : Law
ISBN : 0815737335
Author : David J. Barron
Publisher : Simon and Schuster
Page : 576 pages
File Size : 46,6 Mb
Release : 2016-10-04
Category : History
ISBN : 9781451681970
“Vivid…Barron has given us a rich and detailed history.” —The New York Times Book Review “Ambitious...a deep history and a thoughtful inquiry into how the constitutional system of checks and balances has functioned when it comes to waging war and making peace.” —The Washington Post A timely account of a raging debate: The history of the ongoing struggle between the presidents and Congress over who has the power to declare and wage war. The Constitution states that it is Congress that declares war, but it is the presidents who have more often taken us to war and decided how to wage it. In Waging War, David J. Barron opens with an account of George Washington and the Continental Congress over Washington’s plan to burn New York City before the British invasion. Congress ordered him not to, and he obeyed. Barron takes us through all the wars that followed: 1812, the Mexican War, the Civil War, the Spanish-American war, World Wars One and Two, Korea, Vietnam, Iraq, and now, most spectacularly, the War on Terror. Congress has criticized George W. Bush for being too aggressive and Barack Obama for not being aggressive enough, but it avoids a vote on the matter. By recounting how our presidents have declared and waged wars, Barron shows that these executives have had to get their way without openly defying Congress. Waging War shows us our country’s revered and colorful presidents at their most trying times—Washington, Lincoln, Theodore Roosevelt, Franklin Roosevelt, Truman, Eisenhower, John F. Kennedy, Johnson, both Bushes, and Obama. Their wars have made heroes of some and victims of others, but most have proved adept at getting their way over reluctant or hostile Congresses. The next president will face this challenge immediately—and the Constitution and its fragile system of checks and balances will once again be at the forefront of the national debate.
Author : Carolyn Nestor Long
Publisher : Landmark Law Cases and American Society
Page : 344 pages
File Size : 42,8 Mb
Release : 2000
Category : Law
ISBN : UOM:39015049650719
"The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom and led to an intense tug-of-war between the Court and Congress. Carolyn Long provides the first book-length analysis of Smith and shows shy it continues to resonate so deeply in the American psyche."--Back cover.
Author : Daniel Leese,Puck Engman
Publisher : Walter de Gruyter GmbH & Co KG
Page : 213 pages
File Size : 47,7 Mb
Release : 2018-06-25
Category : History
ISBN : 9783110533651
The relationship between politics and law in the early People’s Republic of China was highly contentious. Periods of intentionally excessive campaign justice intersected with attempts to carve out professional standards of adjudication and to offer retroactive justice for those deemed to have been unjustly persecuted. How were victims and perpetrators defined and dealt with during different stages of the Maoist era and beyond? How was law practiced, understood, and contested in local contexts? This volume adopts a case study approach to shed light on these complex questions. By way of a close reading of original case files from the grassroots level, the contributors detail procedures and question long-held assumptions, not least about the Cultural Revolution as a period of “lawlessness.”
Author : Scott M. Gelber
Publisher : JHU Press
Page : 259 pages
File Size : 45,9 Mb
Release : 2016-02-29
Category : Education
ISBN : 9781421418841
A stunningly original history of higher education law. Conventional wisdom holds that American courts historically deferred to institutions of higher learning in most matters involving student conduct and access. Historian Scott M. Gelber upends this theory, arguing that colleges and universities never really enjoyed an overriding judicial privilege. Focusing on admissions, expulsion, and tuition litigation, Courtrooms and Classrooms reveals that judicial scrutiny of college access was especially robust during the nineteenth century, when colleges struggled to differentiate themselves from common schools that were expected to educate virtually all students. During the early twentieth century, judges deferred more consistently to academia as college enrollment surged, faculty engaged more closely with the state, and legal scholars promoted widespread respect for administrative expertise. Beginning in the 1930s, civil rights activism encouraged courts to examine college access policies with renewed vigor. Gelber explores how external phenomena—especially institutional status and political movements—influenced the shifting jurisprudence of higher education over time. He also chronicles the impact of litigation on college access policies, including the rise of selectivity and institutional differentiation, the decline of de jure segregation, the spread of contractual understandings of enrollment, and the triumph of vocational emphases.
Author : Erik J. Engstrom,Jason M. Roberts
Publisher : Cambridge University Press
Page : 167 pages
File Size : 44,9 Mb
Release : 2020-12-17
Category : Political Science
ISBN : 9781108842808
Physical features of ballots vary considerably across the US. This book shows how politicians use ballot design to influence voting.
