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| Author | : Paola Ugolini |
| Publisher | : University of Toronto Press |
| Total Pages | : 310 |
| Release | : 2020 |
| Genre | : History |
| ISBN | : 1487505442 |
The Court and Its Critics focuses on the disillusionment with courtliness, the derision of those who live at court, and the open hostility toward the court, themes common to Renaissance culture.
| Author | : Spyridon Flogaitis |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 241 |
| Release | : 2013-01-01 |
| Genre | : Political Science |
| ISBN | : 178254612X |
The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
| Author | : Gerald N. Rosenberg |
| Publisher | : University of Chicago Press |
| Total Pages | : 541 |
| Release | : 2008-09-15 |
| Genre | : Political Science |
| ISBN | : 0226726681 |
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.
| Author | : Kermit Roosevelt |
| Publisher | : Yale University Press |
| Total Pages | : 272 |
| Release | : 2008-01-01 |
| Genre | : Law |
| ISBN | : 0300129564 |
Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
| Author | : Clifford M. Lytle |
| Publisher | : |
| Total Pages | : 133 |
| Release | : 1970 |
| Genre | : |
| ISBN | : |
| Author | : Geoffrey R. Stone |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 241 |
| Release | : 2020-01-06 |
| Genre | : LAW |
| ISBN | : 019093820X |
From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
| Author | : Abigail Mann Thernstrom |
| Publisher | : |
| Total Pages | : |
| Release | : 1975 |
| Genre | : |
| ISBN | : |
| Author | : Tinsley E. Yarbrough |
| Publisher | : Durham : Duke University Press |
| Total Pages | : 346 |
| Release | : 1988 |
| Genre | : Biography & Autobiography |
| ISBN | : |
Many jurists give lip service to the idea that judicial interpretation of constitutional provisions should be based on the intent of the framers. Few, if any, have been as faithful to that conception as Hugo Black, a U.S. Senator from Alabama. Once on the court, he played a leading role in establishing freedom of speech and other guarantees the interpretation he (and others) believed were warranted by the language and intent of the framers. Late in his career, however, Black's commitment to literalism and intent led him to assume apparently conservative positions in civil liberties cases. The author analyzes Black's judicial and constitutional philosophy, as well as his approach to specific cases, through the eyes of Black's critics and through an assessment of scholarly opinion of his jurisprudence. -- from book jacket.
| Author | : Heikki Pihlajamäki |
| Publisher | : Oxford University Press |
| Total Pages | : 1264 |
| Release | : 2018-06-28 |
| Genre | : Law |
| ISBN | : 0191088374 |
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
| Author | : Rosa A. Eberly |
| Publisher | : University of Illinois Press |
| Total Pages | : 228 |
| Release | : 2000 |
| Genre | : American fiction |
| ISBN | : 9780252068676 |
The condition of our public discussions about literary and cultural works has much to say about the condition of our democracy and the author argues for more public discourse--in classrooms, newspapers, magazines, etc. to reclaim a public voice on national artistic matters. In this revealing study of the links among literature, rhetoric, and democracy, Rosa A. Eberly explores the public debate generated by amateur and professional readers about four controversial literary works: two that were censored in the United States and two that created conflict because they were not censored. In Citizen Critics Eberly compares the outrage sparked by the publication of James Joyce's Ulysses and Henry Miller's Tropic of Cancer with the relative quiescence that greeted the much more violent and sexually explicit content of Bret Easton Ellis's American Psychoand Andrea Dworkin's Mercy. Through a close reading of letters to the editor, reviews, media coverage, and court cases, Eberly shows how literary critics and legal experts defused censorship debates by shifting the focus from content to aesthetics and from social values to publicity. By asserting their authority to pass judgments--thus denying the authority of citizen critics--these professionals effectively removed the discussion from literary public spheres. A passionate advocate for treating reading as a public and rhetorical enterprise rather than solely as a private one, Eberly suggests the potential impact a work of literature may have on the social polity if it is brought into public forums for debate rather than removed to the exclusive rooms of literary criticism. Eberly urges educators to use their classrooms as protopublic spaces in which students can learn to make the transition from private reader to public citizen.
