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Author: Jeffrey D. Hockett
Publisher: University of Virginia Press
ISBN: 0813933757
Category : Law
Languages : en
Pages : 446
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Book Description
On the way to offering a new analysis of the basis of the Supreme Court’s iconic decision in Brown v. Board of Education, Jeffrey Hockett critiques an array of theories that have arisen to explain it and Supreme Court decision making generally. Drawing upon justices’ books, articles, correspondence, memoranda, and draft opinions, A Storm over This Court demonstrates that the puzzle of Brown’s basis cannot be explained by any one theory. Borrowing insights from numerous approaches to analyzing Supreme Court decision making, this study reveals the inaccuracy of the popular perception that most of the justices merely acted upon a shared, liberal preference for an egalitarian society when they held that racial segregation in public education violates the equal protection clause of the Fourteenth Amendment. A majority of the justices were motivated, instead, by institutional considerations, including a recognition of the need to present a united front in such a controversial case, a sense that the Court had a significant role to play in international affairs during the Cold War, and a belief that the Court had an important mission to counter racial injustice in American politics. A Storm over This Court demonstrates that the infusion of justices’ personal policy preferences into the abstract language of the Constitution is not the only alternative to an originalist approach to constitutional interpretation. Ultimately, Hockett concludes that the justices' decisions in Brown resist any single, elegant explanation. To fully explain this watershed decision—and, by implication, others—it is necessary to employ a range of approaches dictated by the case in question.
Author: Jeffrey D. Hockett
Publisher: University of Virginia Press
ISBN: 0813933757
Category : Law
Languages : en
Pages : 446
Get Book Here
Book Description
On the way to offering a new analysis of the basis of the Supreme Court’s iconic decision in Brown v. Board of Education, Jeffrey Hockett critiques an array of theories that have arisen to explain it and Supreme Court decision making generally. Drawing upon justices’ books, articles, correspondence, memoranda, and draft opinions, A Storm over This Court demonstrates that the puzzle of Brown’s basis cannot be explained by any one theory. Borrowing insights from numerous approaches to analyzing Supreme Court decision making, this study reveals the inaccuracy of the popular perception that most of the justices merely acted upon a shared, liberal preference for an egalitarian society when they held that racial segregation in public education violates the equal protection clause of the Fourteenth Amendment. A majority of the justices were motivated, instead, by institutional considerations, including a recognition of the need to present a united front in such a controversial case, a sense that the Court had a significant role to play in international affairs during the Cold War, and a belief that the Court had an important mission to counter racial injustice in American politics. A Storm over This Court demonstrates that the infusion of justices’ personal policy preferences into the abstract language of the Constitution is not the only alternative to an originalist approach to constitutional interpretation. Ultimately, Hockett concludes that the justices' decisions in Brown resist any single, elegant explanation. To fully explain this watershed decision—and, by implication, others—it is necessary to employ a range of approaches dictated by the case in question.
Author: Jeffrey D. Hockett
Publisher: University of Virginia Press
ISBN: 0813933749
Category : Education
Languages : en
Pages : 444
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Book Description
On the way to offering a new analysis of the basis of the Supreme Court's iconic decision in Brown v. Board of Education, Jeffrey Hockett critiques an array of theories that have arisen to explain it and Supreme Court decision making generally. Drawing upon justices' books, articles, correspondence, memoranda, and draft opinions, A Storm over This Court demonstrates that the puzzle of Brown's basis cannot be explained by any one theory. Borrowing insights from numerous approaches to analyzing Supreme Court decision making, this study reveals the inaccuracy of the popular perception that most of the justices merely acted upon a shared, liberal preference for an egalitarian society when they held that racial segregation in public education violates the equal protection clause of the Fourteenth Amendment. A majority of the justices were motivated, instead, by institutional considerations, including a recognition of the need to present a united front in such a controversial case, a sense that the Court had a significant role to play in international affairs during the Cold War, and a belief that the Court had an important mission to counter racial injustice in American politics. A Storm over This Court demonstrates that the infusion of justices' personal policy preferences into the abstract language of the Constitution is not the only alternative to an originalist approach to constitutional interpretation. Ultimately, Hockett concludes that the justices' decisions in Brown resist any single, elegant explanation. To fully explain this watershed decision--and, by implication, others--it is necessary to employ a range of approaches dictated by the case in question.
Author: Paul Abraham Freund
Publisher:
ISBN:
Category :
Languages : en
Pages : 14
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Book Description
Author: Paul A. Freund
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Harry V. Jaffa
Publisher: Lexington Books
ISBN: 9780739100417
Category : Biography & Autobiography
Languages : en
Pages : 212
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Book Description
Written by one of America's foremost political and legal theorists, Storm Over the Constitution examines the arguments of some of the leading proponents of the doctrine of 'original intent.' According to legal scholars such as Judge Robert Bork, Lino Gralia, Charles Cooper, and Supreme Court Justice Antonin Scalia, a jurisprudence of original intent requires that judges bring no theory to the interpretation of the Constitution. In this brilliant new book, Harry Jaffa illustrates how judges under the influence of this definition of 'original' intent particularly neglect the Declaration of Independence as a guide. Jaffa shows that this definition is, from the point of view of the American Founding, anything but original; moreover, it is openly hostile to the natural-rights theory of those who wrote and ratified the Constitution. The author implores Americans to follow the example set by Abraham Lincoln, who admired the Declaration of Independence more openly, interpreted it more deeply, and implemented it more practically than any other president before or since. Lincoln's achievement fulfilled a tradition of civic understanding and scholarship closer in time and purpose to the founders, and was thus more 'original.'
Author: Gregory Wallance
Publisher: Greenleaf Book Group
ISBN:
Category : Fiction
Languages : en
Pages : 358
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Book Description
In the early 1850s, Arba Crane, a young Harvard Law School graduate, arrived in St Louis to begin his law career. Working alone late in the evenings, Crane forms a friendship with the office janitor, a slave named Dred Scott. As Scott recounts his life as a slave, Crane realizes that Scott has a legal claim to freedom and persuades him to file a lawsuit. Crane fights for Scott's rights for years. The case reaches the US Supreme Court before a spellbound country. But the Court's catastrophic decision in Scott v. Sandford holds that slaves are property without rights and that Congress has no power to halt the spread of slavery. While the decision marks the beginning of the path to civil war, it is not the end of Dred Scott's quest for freedom. Two Men Before the Storm is a work of fiction (with detailed historical endnotes) based on historical events: the profound friendship between a young lawyer and a slave and a fight for justice that fundamentally changed our nation.
Author: Jack Bass
Publisher: University of Georgia Press
ISBN: 9780820325316
Category : History
Languages : en
Pages : 548
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Book Description
Thrust into the center of a raging storm over civil rights, Frank M. Johnson, Jr., was the youngest federal judge in the country at the time of his appointment in 1955. During his twenty-four years on the district court in Montgomery, Alabama, Johnson handed down a string of precedent-setting decisions that were vastly unpopular at the time but that would prove to have profound consequences for America's future. Not only did Johnson's trailblazing opinions greatly expand the access of African Americans to their constitutional rights, but his opinions also helped to dismantle discrimination against women, prison inmates, and the mentally ill. Johnson paid a heavy price for his judicial vision, however, for he had to endure public scorn, death threats, and the outrage of a society that felt itself and its values to be under siege. Eventually Johnson prevailed, winning honor even in his native Alabama and a respected place in the history of the civil rights movement. Taming the Storm is the story of an authentic American hero and the era he did so much to define.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 80
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 188
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Book Description
Author: John Hart
Publisher: Univ of California Press
ISBN: 9780520203686
Category : Business & Economics
Languages : en
Pages : 260
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Book Description
A dramatic environmental saga unfolds in Hart's compelling story of the fight to save Mono Lake, and ancient inland sea in located in the eastern Sierra Yosemite National Park. Hart integrates natural, social, and political history into a story that is a source of hope for anyone concerned about the environment. Complementing Hart's narrative are stunning photos takes by many leading nature photographers, including David Sanger, Galen Rowell, and Betty Randall. 61 illustrations. 31 color plates.
