Alden V. Maine (1999). PDF Download
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Author: John H. Alden
Publisher:
ISBN:
Category : Overtime
Languages : en
Pages : 512
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Book Description
Author: John H. Alden
Publisher:
ISBN:
Category : Overtime
Languages : en
Pages : 512
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Book Description
Author: R. H. Helmholz
Publisher: Harvard University Press
ISBN: 0674504615
Category : Law
Languages : en
Pages : 285
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Book Description
The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.
Author: United States
Publisher:
ISBN:
Category : Soldiers
Languages : en
Pages : 42
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Book Description
Author: Colton C. Campbell
Publisher: Rowman & Littlefield Publishers
ISBN: 0585389020
Category : Political Science
Languages : en
Pages : 164
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Book Description
The Supreme Court is frequently portrayed as an isolated entity void of politics that reaches judgments by some unseen and unknowable logic. At the same time, Congress is cast as a singularly political enterprise with little regard for nuanced lawmaking. This volume of original essays by leading scholars shows both branches in a new light. It explores the impact of sustained partisan politics, the recent reassertion of legislative power at the expense of judicial review, and the sometimes stormy relationship between Congress and the Court.
Author: James T. O'Reilly
Publisher: American Bar Association
ISBN: 9781590317440
Category : Law
Languages : en
Pages : 252
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Book Description
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author: John R. Vile
Publisher: Rowman & Littlefield Publishers
ISBN: 1442203862
Category : Law
Languages : en
Pages : 574
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Book Description
First published in 1954, this indispensable reference quickly became the gold standard for concise summaries of important U.S. Supreme Court cases. The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 15th edition has been extensively revised to ensure that it remains the most up-to-date resource available. An essential resource for law students, lawyers, and everyone interested in our nation's Constitution and the Supreme Court decisions that explicate it.
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Edwin Montefiore Borchard
Publisher:
ISBN:
Category : Administrative responsibility
Languages : en
Pages : 104
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Book Description
Author: Artemus Ward
Publisher: Rowman & Littlefield
ISBN: 0810875217
Category : Political Science
Languages : en
Pages : 687
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Book Description
The US Supreme Court is an institution that operates almost totally behind closed doors. This book opens those doors by providing a comprehensive look at the justices, procedures, cases, and issues over the institution’s more than 200-year history. The Court is a legal institution born from a highly politicized process. Modern justices time their departures to coincide with favorable administrations and the confirmation process has become a highly-charged political spectacle played out on television and in the national press. Throughout its history, the Court has been at the center of the most important issues facing the nation: federalism, separation of powers, war, slavery, civil rights, and civil liberties. Through it all, the Court has generally, though not always, reflected the broad views of the American people as the justices decide the most vexing issues of the day. The Historical Dictionary of the U.S. Supreme Court covers its history through a chronology, an introductory essay, appendixes, and an extensive bibliography. The dictionary section has over 700 cross-referenced entries on every justice, major case, issue, and process that comprises the Court’s work. This book is an excellent access point for students, researchers, and anyone wanting to know more about the Supreme Court.
Author: Andrew J. Taylor
Publisher: Bloomsbury Publishing USA
ISBN: 0313042950
Category : Political Science
Languages : en
Pages : 337
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Book Description
The Republican Party currently enjoys an edge. The advantage can be seen in Congress, state politics, judicial rulings, foreign and domestic policy, party finances, the media, public attitudes, and economic and demographic developments. Yet the Republicans do not seem capable of translating this into a durable electoral majority. Conditions now exist within American politics that will facilitate the establishment of Republican rule. Many of these conditions have ripened during the past decade. They include rules governing elections and campaign finance, shifts in core political values among the public that are consistent with Republican philosophy, and fundamental social and economic changes in American society that are likely to increase the ranks of Republican voters. The author explains in lucid, engaging terms how Republicans have taken control of both houses of Congress and experienced a remarkable resurgence at the state level. He explores how conservatives are utilizing the courts to simultaneously move policy rightward and mobilize sympathetic parts of the electorate. He also examines social and economic changes to show how racial politics, religiosity, and the nature of work and wealth benefit today's Republican Party. Republican rule should not be confused with Republican realignment. These conditions will advantage Republicans in future elections and bring about consistent Republican control of government at all levels—federal, state, and local, executive, legislative, and judicial. However, current conditions do not guarantee the kind of enduring Republican majority many journalists and strategists have predicted. Taylor explains the factors that will prohibit the Republicans from fully exploiting their advantages and dominating American politics the way the Democrats did in the 30 years following the New Deal. These factors include internal and intractable tensions within the Republican Party, the parties' sophisticated political information gathering strategies, and the innate risk aversion of the campaign industry.
