Court and Its Critics

Court and Its Critics PDF Author: Paola Ugolini
Publisher: University of Toronto Press
ISBN: 1487505442
Category : History
Languages : en
Pages : 310

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Book Description
The Court and Its Critics focuses on the disillusionment with courtliness, the derision of those who live at court, and the open hostility toward the court, themes common to Renaissance culture.

Court and Its Critics

Court and Its Critics PDF Author: Paola Ugolini
Publisher: University of Toronto Press
ISBN: 1487505442
Category : History
Languages : en
Pages : 310

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Book Description
The Court and Its Critics focuses on the disillusionment with courtliness, the derision of those who live at court, and the open hostility toward the court, themes common to Renaissance culture.

The Court and Its Critics

The Court and Its Critics PDF Author: Leo Pfeffer
Publisher:
ISBN:
Category :
Languages : en
Pages : 46

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Book Description


The Hollow Hope

The Hollow Hope PDF Author: Gerald N. Rosenberg
Publisher: University of Chicago Press
ISBN: 0226726681
Category : Political Science
Languages : en
Pages : 541

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Book Description
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

The Left Against the Court: the Supreme Court and Its Critics, 1900-1937

The Left Against the Court: the Supreme Court and Its Critics, 1900-1937 PDF Author: Abigail Mann Thernstrom
Publisher:
ISBN:
Category :
Languages : en
Pages :

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The Myth of Judicial Activism

The Myth of Judicial Activism PDF Author: Kermit Roosevelt
Publisher: Yale University Press
ISBN: 0300129564
Category : Law
Languages : en
Pages : 272

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Book Description
Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.

Democracy and Equality

Democracy and Equality PDF Author: Geoffrey R. Stone
Publisher: Oxford University Press, USA
ISBN: 019093820X
Category : LAW
Languages : en
Pages : 241

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Book Description
From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.

The Warren Court & Its Critics

The Warren Court & Its Critics PDF Author: Clifford M. Lytle
Publisher:
ISBN:
Category :
Languages : en
Pages : 133

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Book Description


Criticism of the European Court of Human Rights

Criticism of the European Court of Human Rights PDF Author: Patricia Popelier
Publisher:
ISBN: 9781780684017
Category : Civil rights
Languages : en
Pages : 0

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Book Description
The goal of the volume is to explore how widespread criticism of the European Court of Human Rights is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection.

Citizen Critics

Citizen Critics PDF Author: Rosa A. Eberly
Publisher: University of Illinois Press
ISBN: 9780252068676
Category : American fiction
Languages : en
Pages : 228

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Book Description
The condition of our public discussions about literary and cultural works has much to say about the condition of our democracy and the author argues for more public discourse--in classrooms, newspapers, magazines, etc. to reclaim a public voice on national artistic matters. In this revealing study of the links among literature, rhetoric, and democracy, Rosa A. Eberly explores the public debate generated by amateur and professional readers about four controversial literary works: two that were censored in the United States and two that created conflict because they were not censored. In Citizen Critics Eberly compares the outrage sparked by the publication of James Joyce's Ulysses and Henry Miller's Tropic of Cancer with the relative quiescence that greeted the much more violent and sexually explicit content of Bret Easton Ellis's American Psychoand Andrea Dworkin's Mercy. Through a close reading of letters to the editor, reviews, media coverage, and court cases, Eberly shows how literary critics and legal experts defused censorship debates by shifting the focus from content to aesthetics and from social values to publicity. By asserting their authority to pass judgments--thus denying the authority of citizen critics--these professionals effectively removed the discussion from literary public spheres. A passionate advocate for treating reading as a public and rhetorical enterprise rather than solely as a private one, Eberly suggests the potential impact a work of literature may have on the social polity if it is brought into public forums for debate rather than removed to the exclusive rooms of literary criticism. Eberly urges educators to use their classrooms as protopublic spaces in which students can learn to make the transition from private reader to public citizen.

The Court and the World

The Court and the World PDF Author: Stephen Breyer
Publisher: Vintage
ISBN: 1101946202
Category : Law
Languages : en
Pages : 402

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Book Description
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.