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Dennis J. Hutchinson,David A. Strauss,Geoffrey R. Stone
Author : Dennis J. Hutchinson,David A. Strauss,Geoffrey R. Stone Publisher : University of Chicago Press Page : 352 pages File Size : 44,9 Mb Release : 2016-06-22 Category : Law ISBN : 9780226392356
The Supreme Court Review, 2015 by Dennis J. Hutchinson,David A. Strauss,Geoffrey R. Stone Pdf
For more than fifty years, The Supreme Court Review has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. The Supreme Court Review is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. It is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.
The Case Against the Supreme Court by Erwin Chemerinsky Pdf
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Dissent and the Supreme Court by Melvin I. Urofsky Pdf
“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Dennis J. Hutchinson,David A. Strauss,Geoffrey R. Stone
Author : Dennis J. Hutchinson,David A. Strauss,Geoffrey R. Stone Publisher : University of Chicago Press Page : 466 pages File Size : 49,7 Mb Release : 2017-06-22 Category : Law ISBN : 9780226490847
Supreme Court Review 2016 by Dennis J. Hutchinson,David A. Strauss,Geoffrey R. Stone Pdf
For more than fifty years, The Supreme Court Review has won acclaim for providing a sustained and authoritative survey of the implications of the Court’s most significant decisions. The Supreme Court Review is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. It is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.
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.
The only scholarly book to critique the Court from a Madisonian perspective, grounded in the nation's first principles: liberty and limited government.
The only scholarly book to critique the Court from a Madisonian perspective, grounded in the nation's first principles: liberty and limited government.
Winner of the Man Booker Prize Winner of the National Book Critics Circle Award in Fiction Winner of the John Dos Passos Prize for Literature New York Times Bestseller Los Angeles Times Bestseller Named One of the 10 Best Books of the Year by The New York Times Book Review Named a Best Book of the Year by Newsweek, The Denver Post, BuzzFeed, Kirkus Reviews, and Publishers Weekly Named a "Must-Read" by Flavorwire and New York Magazine's "Vulture" Blog A biting satire about a young man's isolated upbringing and the race trial that sends him to the Supreme Court, Paul Beatty's The Sellout showcases a comic genius at the top of his game. It challenges the sacred tenets of the United States Constitution, urban life, the civil rights movement, the father-son relationship, and the holy grail of racial equality—the black Chinese restaurant. Born in the "agrarian ghetto" of Dickens—on the southern outskirts of Los Angeles—the narrator of The Sellout resigns himself to the fate of lower-middle-class Californians: "I'd die in the same bedroom I'd grown up in, looking up at the cracks in the stucco ceiling that've been there since '68 quake." Raised by a single father, a controversial sociologist, he spent his childhood as the subject in racially charged psychological studies. He is led to believe that his father's pioneering work will result in a memoir that will solve his family's financial woes. But when his father is killed in a police shoot-out, he realizes there never was a memoir. All that's left is the bill for a drive-thru funeral. Fueled by this deceit and the general disrepair of his hometown, the narrator sets out to right another wrong: Dickens has literally been removed from the map to save California from further embarrassment. Enlisting the help of the town's most famous resident—the last surviving Little Rascal, Hominy Jenkins—he initiates the most outrageous action conceivable: reinstating slavery and segregating the local high school, which lands him in the Supreme Court.
Comparative Judicial Review by Erin F. Delaney,Rosalind Dixon Pdf
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.
“Meticulously researched and engagingly written . . . a comprehensive indictment of the court’s rulings in areas ranging from campaign finance and voting rights to poverty law and criminal justice.” —Financial Times A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.
Judicial Review, Third Edition covers the grounds for review, defences to an application, the remedies and procedures involved and covers the Rules of the Superior Courts 2011, SI 691/2011. It includes cases such as article 40 inquiries (habeas corpus applications) and references to the European Court of Justice under article 234 TEC. It is the definitive text on judicial review available in Ireland and also of important reference in the United Kingdom. The law in relation to the reasonableness and proportionality of an administrative decision has been re-examined in the light of the Supreme Court decision in Meadows v Minister for Justice. Also re-examined is the law in relation to a decision-maker's obligation to give reasons for his decision in the light of the Supreme Court's decision in Mallak. As well as these, the book features a detailed account of the meaning and effect of a 'proportionality analysis' of a public act, indeed proportionality features prominently throughout the book in conjunction with the discussions on Meadows. There is also a detailed discussion of a court's approach to 'deference' in respect of a public act. In this new edition, the procedure chapters have been rewritten to take account of changes brought about by SI 691/2011 and SI 345/2015. Along with this a new chapter has been added on the philosophy of judicial review.
Lawyer's Desk Book, 2017 Edition (IL) by Shilling Pdf
Lawyer's Desk Book is an extraordinary guide that you can't afford to be without. Used by over 150,000 attorneys and legal professionals, this must-have reference supplies you with instant, authoritative legal answers, without exorbitant research fees. Packed with current, critical information, Lawyer's Desk Book includes: Practical guidance on virtually any legal matter you might encounter: real estate transactions, trusts, divorce law, securities, mergers and acquisitions, computer law, tax planning, credit and collections, employer-employee relations, personal injury, and more - over 75 key legal areas in all! Quick answers to your legal questions, without having to search stacks of material, or wade through pages of verbiage. Key citations of crucial court cases, rulings, references, code sections, and more. More than 1500 pages of concise, practical, insightful information. No fluff, no filler. Just the facts you need to know. The Lawyer's Desk Book, 2017 Edition incorporates recent court decisions, legislation, and administrative rulings. Federal statutes and revised sentencing guides covered in this edition reflect a growing interest in preventing terrorism, punishing terror-related crimes, and promoting greater uniformity of sentencing. There is also new material on intellectual property law, on legislation stemming from corporate scandals, such as the Sarbanes- Oxley Act, and on legislation to cut individual and corporate tax rates, such as the Jobs and Growth Tax Relief Reconciliation Act. Chapters are in sections on areas including business planning and litigation, contract and property law, and law office issues.