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| Author | : Rachel Cahill-O'Callaghan |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 192 |
| Release | : 2020-02-20 |
| Genre | : Law |
| ISBN | : 1509921877 |
Download Values in the Supreme Court Book in PDF, ePub and Kindle
This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.
| Author | : Rachel J. Cahill-O'Callaghan |
| Publisher | : Hart Publishing |
| Total Pages | : |
| Release | : 2020 |
| Genre | : Judicial process |
| ISBN | : 9781509921881 |
Download Values in the Supreme Court Book in PDF, ePub and Kindle
"This book draws on theories and techniques from psychology to understand the role of values in Supreme Court decision making. It centres on a novel method of content analysis of judgments to reveal the values that underpin decision making and discusses the potential implications this may have for developments in the law and the appointment of the judiciary. The book examines those cases which divide judicial opinion, Dworkin's hard cases "in which the result is not clearly dictated by statute or precedent". In hard cases there is real uncertainty about the legal rules that should be applied and factors beyond the traditional legal sources may influence the decision making. It is in these uncertain cases, where legal developments can rest on a single judicial decision, that values are revealed in the judgments"--Provided by publisher.
| Author | : Erwin Chemerinsky |
| Publisher | : Penguin Books |
| Total Pages | : 402 |
| Release | : 2015-09-29 |
| Genre | : History |
| ISBN | : 0143128000 |
Download The Case Against the Supreme Court Book in PDF, ePub and Kindle
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.
| Author | : Lawrence Baum |
| Publisher | : Princeton University Press |
| Total Pages | : 283 |
| Release | : 2017-05-16 |
| Genre | : Political Science |
| ISBN | : 0691175527 |
Download Ideology in the Supreme Court Book in PDF, ePub and Kindle
Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.
| Author | : David W. Rohde |
| Publisher | : W.H. Freeman |
| Total Pages | : 229 |
| Release | : 1976-01 |
| Genre | : Appellate courts |
| ISBN | : 9780716707172 |
Download Supreme Court Decision Making Book in PDF, ePub and Kindle
| Author | : Schultz, David |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 200 |
| Release | : 2022-03-15 |
| Genre | : Law |
| ISBN | : 1839103132 |
Download Constitutional Precedent in US Supreme Court Reasoning Book in PDF, ePub and Kindle
Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.
| Author | : Neal Devins |
| Publisher | : |
| Total Pages | : 216 |
| Release | : 1996 |
| Genre | : Law |
| ISBN | : |
Download Shaping Constitutional Values Book in PDF, ePub and Kindle
In the more than twenty years since Roe v. Wade, the executive and legislative branches of government have pursued a staggering number of initiatives relating to abortion. In this groundbreaking study, legal scholar Neal Devins shows how the Supreme Court, elected government, and private citizens together help to shape what the Constitution means. Central to his study is the question of how the Court and elected government influence each other. In addition to the abortion debate, Devins examines conflicts over federalism, race, religion, and separation of powers. These constitutional disputes, Devins contends, can be as constructive as they are inevitable. Without an ongoing dynamic that allows each side to win some of the time, Devins concludes, the Constitution would be less enduring.
| Author | : Stephen E. Gottlieb |
| Publisher | : University of Michigan Press |
| Total Pages | : 300 |
| Release | : 1993 |
| Genre | : Constitutional law |
| ISBN | : 9780472104345 |
Download Public Values in Constitutional Law Book in PDF, ePub and Kindle
Critical examination of the concept of compelling government interests
| Author | : Alexander Hamilton |
| Publisher | : Read Books Ltd |
| Total Pages | : 455 |
| Release | : 2018-08-20 |
| Genre | : History |
| ISBN | : 1528785878 |
Download The Federalist Papers Book in PDF, ePub and Kindle
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
| Author | : David A. Kaplan |
| Publisher | : Crown |
| Total Pages | : 480 |
| Release | : 2018-09-04 |
| Genre | : Political Science |
| ISBN | : 1524759929 |
Download The Most Dangerous Branch Book in PDF, ePub and Kindle
The former legal affairs editor of Newsweek takes us inside the secret world of the Supreme Court and shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. Never before has the Court been more central in American life. It is now the nine justices who too often decide the biggest issues of our time—from abortion and same-sex marriage to gun control, campaign finance, and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. The newest justice, Brett Kavanaugh—replacing Anthony Kennedy—is even more important, holding the swing vote over so much social policy. With the 2020 campaign underway, and with two justices in their ’80s, the Court looms even larger. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices, Kaplan provides fresh details about life behind the scenes at the Court: the reaction to Kavanaugh’s controversial arrival, the new role for Chief Justice John Roberts, Clarence Thomas's simmering rage, Antonin Scalia's death, Ruth Bader Ginsburg's celebrity, Breyer Bingo, and the petty feuding between Gorsuch and the chief justice. Kaplan offers a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United. (He also faults the Court for not getting involved when it should—for example, to limit partisan gerrymandering.) But the arrogance of the Court isn't partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court's transcendent power, as well as presenting an intimate inside look at the Court, The Most Dangerous Branch is sure to rile both sides of the political aisle.
