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Author: James E. Pfander
Publisher: Oxford University Press
ISBN: 0197571425
Category : Law
Languages : en
Pages : 189
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Book Description
This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction. Said to rest on the so-called "case-or-controversy" requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power.
Author: J. Weston Walch
Publisher: Walch Publishing
ISBN: 9780825123207
Category : Education
Languages : en
Pages : 134
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Book Description
Encourages students to think about the questions raised and form their own opinions.
Author: James E. Pfander
Publisher: Oxford University Press
ISBN: 0197571425
Category : Law
Languages : en
Pages : 189
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Book Description
This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction. Said to rest on the so-called "case-or-controversy" requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power.
Author: N. E. H. Hull
Publisher:
ISBN:
Category : History
Languages : en
Pages : 392
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Book Description
This up-to-date history of Roe v. Wade covers the complete social and legal context of the case that remains the touchstone for America's culture wars.
Author: James T. Patterson
Publisher: Oxford University Press
ISBN: 0199880840
Category : History
Languages : en
Pages : 318
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Book Description
2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
Author: Jonathan Zimmerman
Publisher: University of Chicago Press
ISBN: 022645634X
Category : Education
Languages : en
Pages : 129
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Book Description
From the fights about the teaching of evolution to the details of sex education, it may seem like American schools are hotbeds of controversy. But as Jonathan Zimmerman and Emily Robertson show in this insightful book, it is precisely because such topics are so inflammatory outside school walls that they are so commonly avoided within them. And this, they argue, is a tremendous disservice to our students. Armed with a detailed history of the development of American educational policy and norms and a clear philosophical analysis of the value of contention in public discourse, they show that one of the best things American schools should do is face controversial topics dead on, right in their classrooms. Zimmerman and Robertson highlight an aspect of American politics that we know all too well: We are terrible at having informed, reasonable debates. We opt instead to hurl insults and accusations at one another or, worse, sit in silence and privately ridicule the other side. Wouldn’t an educational system that focuses on how to have such debates in civil and mutually respectful ways improve our public culture and help us overcome the political impasses that plague us today? To realize such a system, the authors argue that we need to not only better prepare our educators for the teaching of hot-button issues, but also provide them the professional autonomy and legal protection to do so. And we need to know exactly what constitutes a controversy, which is itself a controversial issue. The existence of climate change, for instance, should not be subject to discussion in schools: scientists overwhelmingly agree that it exists. How we prioritize it against other needs, such as economic growth, however—that is worth a debate. With clarity and common-sense wisdom, Zimmerman and Robertson show that our squeamishness over controversy in the classroom has left our students woefully underserved as future citizens. But they also show that we can fix it: if we all just agree to disagree, in an atmosphere of mutual respect.
Author: Kermit L. Hall
Publisher: Oxford University Press
ISBN: 0195139240
Category : History
Languages : en
Pages : 450
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Book Description
In Democracy in America, De Tocqueville observed that there is hardly a political question in the United States which does not sooner or later turn into a judicial one. Two hundred years of American history have certainly borne out the truth of this remark. Whether a controversy is political,economic, or social, whether it focuses on child labor, slavery, prayer in public schools, war powers, busing, abortion, business monopolies, or capital punishment, eventually the battle is taken to court. And the ultimate venue for these vital struggles is the Supreme Court. Indeed, the SupremeCourt is a prism through which the entire life of our nation is magnified and illuminated, and through which we have defined ourselves as a people. Now, in The Oxford Companion to the Supreme Court of the United States, readers have a rich source of information about one of the central institutions of American life. Everything one would want to know about the Supreme Court is here, in more than a thousand alphabetically arranged entries.There are biographies of every justice who ever sat on the Supreme Court (with pictures of each) as well as entries on rejected nominees and prominent judges (such as Learned Hand), on presidents who had an important impact on--or conflict with--the Court (including Thomas Jefferson, AbrahamLincoln, and Franklin Delano Roosevelt), and on other influential figures (from Alexander Hamilton to Cass Gilbert, the architect of the Supreme Court Building). More than four hundred entries examine every major case that the court has decided, from Marbury v. Madison (which established the Court'spower to declare federal laws unconstitutional) and Scott v. Sandford (the Dred Scott Case) to Brown v. Board of Education and Roe v. Wade. In addition, there are extended essays on the major issues that have confronted the Court (from slavery to national security, capital punishment to religion,from affirmative action to the Vietnam War), entries on judicial matters and legal terms (ranging from judicial review and separation of powers to amicus brief and habeas corpus), articles on all Amendments to the Constitution, and an extensive, four-part history of the Court. And as in all OxfordCompanions, the contributors combine scholarship with engaging insight, giving us a sense of the personality and the inner workings of the Court. They examine everything from the wanderings of the Supreme Court (the first session was held on the second floor of the Royal Exchange Building in NewYork City, and the Court at times has met in a Congressional committee room, a tavern, a rented house, and finally, in 1935, its own building), to the Jackson-Black Feud and the clouded resignation of Abe Fortas, to the Supreme Court's press room and the paintings and sculptures adorning the SupremeCourt building. The decisions of the Supreme Court have touched--and will continue to influence--every corner of American society. A comprehensive, authoritative guide to the Supreme Court, this volume is an essential reference source for everyone interested in the workings of this vital institution and inthe multitude of issues it has confronted over the course of its history.
Author: Jon Wiener
Publisher: New Press, The
ISBN: 1595581596
Category : History
Languages : en
Pages : 274
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Book Description
Examines the various history scandals of the last few years, arguing that media spectacles end careers, only when powerful groups outside he profession demand punishment, and that such campaigns typically come from the right rather than the left.
Author: Roger Brooke Taney
Publisher: Legare Street Press
ISBN: 9781017251265
Category : History
Languages : en
Pages : 0
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Book Description
The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
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Book Description
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: Howard Zinn
Publisher: Harper Collins
ISBN: 9780060528423
Category : History
Languages : en
Pages : 764
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Book Description
Since its original landmark publication in 1980, A People's History of the United States has been chronicling American history from the bottom up, throwing out the official version of history taught in schools -- with its emphasis on great men in high places -- to focus on the street, the home, and the, workplace. Known for its lively, clear prose as well as its scholarly research, A People's History is the only volume to tell America's story from the point of view of -- and in the words of -- America's women, factory workers, African-Americans, Native Americans, the working poor, and immigrant laborers. As historian Howard Zinn shows, many of our country's greatest battles -- the fights for a fair wage, an eight-hour workday, child-labor laws, health and safety standards, universal suffrage, women's rights, racial equality -- were carried out at the grassroots level, against bloody resistance. Covering Christopher Columbus's arrival through President Clinton's first term, A People's History of the United States, which was nominated for the American Book Award in 1981, features insightful analysis of the most important events in our history. Revised, updated, and featuring a new after, word by the author, this special twentieth anniversary edition continues Zinn's important contribution to a complete and balanced understanding of American history.
