Rights Reign Supreme: An Intellectual History of Judicial Review and the Supreme Court, James M. Masnov
Автор: Malphurs Название: Rhetoric and Discourse in Supreme Court Oral Arguments ISBN: 0415640040 ISBN-13(EAN): 9780415640046 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the rhetoric, discourse, and decision-making within significant Supreme Court cases. Contributing to the fields of communication, law, psychology, and political science, Malphurs considers their potential power and danger and reveals the dynamic nature of the justices` interactions among themselves and the advocates.
Since 1940, more than half of all states have switched at least in part from popular election or elite appointment to experiment with merit selection in choosing some or all of their state supreme court justices. Under merit selection, a commission—often comprising some combination of judges, attorneys, and the general public—is tasked with considering applications from candidates vying to fill a judicial vacancy. Ostensibly, the commission forwards the best candidates to the governor, who ultimately appoints them. Presently, numerous states are debating whether to adopt or abolish merit selection.
In his short, sharp book, Choosing State Supreme Court Justices, Greg Goelzhauser utilizes new data on more than 1,500 state supreme court justices seated from 1960 through 2014 to answer the question, Does merit selection produce better types of judges? He traces the rise of merit selection and explores whether certain judicial selection institutions favor candidates who have better qualifications, are more diverse, and have different types of professional experience.
Goelzhauser’s results ultimately contribute to the broader debate concerning comparative institutional performance with respect to state judicial selection.
Since 1940, more than half of all states have switched at least in part from popular election or elite appointment to experiment with merit selection in choosing some or all of their state supreme court justices. Under merit selection, a commission—often comprising some combination of judges, attorneys, and the general public—is tasked with considering applications from candidates vying to fill a judicial vacancy. Ostensibly, the commission forwards the best candidates to the governor, who ultimately appoints them. Presently, numerous states are debating whether to adopt or abolish merit selection.
In his short, sharp book, Choosing State Supreme Court Justices, Greg Goelzhauser utilizes new data on more than 1,500 state supreme court justices seated from 1960 through 2014 to answer the question, Does merit selection produce better types of judges? He traces the rise of merit selection and explores whether certain judicial selection institutions favor candidates who have better qualifications, are more diverse, and have different types of professional experience.
Goelzhauser’s results ultimately contribute to the broader debate concerning comparative institutional performance with respect to state judicial selection.
Автор: Eric Waltenburg, Rosalee Clawson Название: Legacy and Legitimacy: Black Americans and the Supreme Court ISBN: 1592139035 ISBN-13(EAN): 9781592139033 Издательство: Wiley EDC Рейтинг: Цена: 4117.00 р. Наличие на складе: Поставка под заказ.
Описание: The first comprehensive examination of Black Americans
Автор: Landis, James M. Название: The Business of the Supreme Court ISBN: 1412806127 ISBN-13(EAN): 9781412806121 Издательство: Taylor&Francis Рейтинг: Цена: 7808.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Название: Judicial Politics in Mexico ISBN: 1138697818 ISBN-13(EAN): 9781138697812 Издательство: Taylor&Francis Рейтинг: Цена: 26030.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Analyzes the role the Supreme Court had in the highly anticipated democratization process and on the quality of democracy in Mexico.
Описание: Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the “unalterable fact,” as Chief Justice Rehnquist once remarked, “that our judicial system, like the human beings who administer it, is fallible.” And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions.
In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court’s decisions have, of course, been challenged and reversed in numerous cases—involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings—and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court’s decision in Citizens United, Fisher’s work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history.
The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court’s nine justices as democracy’s last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government—and, finally, to the American people.
Автор: Lincoln Caplan Название: American Justice 2016: The Political Supreme Court ISBN: 0812248902 ISBN-13(EAN): 9780812248906 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3756.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
When the Democrat-appointed Justice Ruth Bader Ginsburg criticized Republican presidential nominee Donald Trump, she triggered concerns about judicial ethics. But the political concerns were even more serious. The Supreme Court is supposed to be what Alexander Hamilton called "the least dangerous" branch of government, because it is the least political. Justices have lifetime appointments to ensure their "complete independence" when deciding cases and controversies. But in the Roberts Court's most contested and important rulings, it has divided along partisan lines for the first time in American history: Republican presidents appointed the conservatives, Democrats appointed the liberals. Justice Ginsburg's criticisms suggested that partisan politics drive the Court's most profound disagreements. Well-respected political science supports that view. Has this partisan turn made the Court less independent and less trustworthy than the nation requires? The term ending in 2016 included more decisions and developments in almost fifty years for analyzing this question. Among them were major cases about abortion rights, the death penalty, immigration, and other wedge issues, as well as the death of Justice Antonin G. Scalia, leaving the Court evenly divided between conservatives and liberals. Legal journalist Lincoln Caplan dissects the recent term, puts it in historical context, and recommends ways to strengthen trust in the Supreme Court as the pinnacle of the American constitutional system.
Описание: A dissenting judgment, as ordinarily understood, is a judgment or an opinion of a judge, sitting as part of a larger bench, who dissents (i.e. disagrees) with the opinion or judgment of the majority. Dissenting judgments or opinions appear in different ways. Tracing, exploring and analysing all dissenting judgments in the history of the Supreme Court of India, from the beginning till date, Rohinton Fali Nariman brings to light the cases, which created a deep impact in Indias legal history. From the famous Bengal Immunity Co. Ltd. v. State of Bihar in 1955 to Bhagwandas Goverdhandas Kedia v. Girdharilal Pashottamdas and Co. in 1966, State of Bombay v. The United Motors (India) Ltd in 1953, Superintendent & Legal Remembrancer, State of West Bengal v. Corporation of Calcutta in 1967, Supreme Court Advocates-on-Record Association v. Union of India in 1993, Mafatlal Industries v. Union of India in 1997 and Pradeep Kumar Biswas v. Indian Institute of Chemical Biology in 2002, Keshava Madhava Menon v. State of Bombay in 1951, United Commercial Bank Ltd. v. Workmen and Ram Singh v. The State of Delhi in the same year and Union of India v. West Coast Paper Mills Ltd. in 2004 among others, this two-volume definitive work is a thorough examination of the important dissenting judgments of the Supreme Court of India, and of some of the Judges of the Supreme Court who have gone down as Great Dissenters, for having written dissents of legal and constitutional importance, some of which have gone on to be recognised as correct position of the law. Comprehensive, definitive and authoritative, this is a must a must have for legal scholars and practitioners. Besides, the book will greatly interest policy makers as well as anyone, interested in Indias legal history.
Автор: Black Название: The Solicitor General and the United States Supreme Court ISBN: 1107680999 ISBN-13(EAN): 9781107680999 Издательство: Cambridge Academ Рейтинг: Цена: 6653.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court`s decision-making process.
Описание: Compared to the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Andrew Coan shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law.
Описание: Reminds us of the ""unalterable fact"", as Chief Justice Rehnquist once remarked, ""that our judicial system, like the human beings who administer it, is fallible."" And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions.
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