Federal Courts Standards of Review PDF Download
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Author: Harry T. Edwards
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 274
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Book Description
This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.
Author: Harry T. Edwards
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 274
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Book Description
This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.
Author: Melvin I. Urofsky
Publisher: Vintage
ISBN: 110187063X
Category : Law
Languages : en
Pages : 545
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Book Description
“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Author: Jesse H. Choper
Publisher: Quid Pro Books
ISBN: 1610271718
Category : Political Science
Languages : en
Pages : 441
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Book Description
As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
Author: Robert A. Katzmann
Publisher: Oxford University Press
ISBN: 0199362149
Category : Law
Languages : en
Pages : 184
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Book Description
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Author: Theunis Roux
Publisher: Cambridge University Press
ISBN: 1108670474
Category : Law
Languages : en
Pages : 389
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Book Description
Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
Author: Jane Johnson
Publisher: Simon and Schuster
ISBN: 1681777134
Category : Fiction
Languages : en
Pages : 302
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Book Description
Kate Fordham, escaping terrible personal trauma, has fled to the beautiful sunlit city of Granada, the ancient capital of the Moors in Spain. There she is scraping by with an unfulfilling job in a busy bar. One day, in the glorious gardens of the Alhambra—once home to Sultan Abu Abdullah Mohammed—Kate finds a scrap of paper hidden in one of the ancient walls. Upon it, in strange symbols, has been inscribed a message from another era. The message has lain undiscovered since before the Fall of Granada in 1492, when the city was surrendered to Queen Isabella and King Ferdinand. Born of love, in a time of danger and desperation, the fragment will be the catalyst that changes Kate's life forever. An epic saga of romance and redemption, Court of Lions brings one of the great turning-points in human history to life, telling the dual stories of a modern woman and the last Moorish sultan of Granada, as they both move towards their cataclysmic destinies.
Author: Horace Gray
Publisher:
ISBN:
Category : African Americans
Languages : en
Pages : 148
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Book Description
Author: Richard H. Timberlake
Publisher: Cambridge University Press
ISBN: 1107032547
Category : Business & Economics
Languages : en
Pages : 263
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Book Description
This book analyzes nine Supreme Court decisions that dealt primarily with money, monetary events, and monetary policy, from McCulloch v. Maryland in 1819 to the Gold Clause Cases in 1934-35. In doing so, it explains how both the gold standard and central bank work, how the former gave way to the latter, and how the Federal Reserve became unconstitutional.
Author: Michael H. Roffer
Publisher: Union Square & Co.
ISBN: 1454901691
Category : Political Science
Languages : en
Pages : 1262
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Book Description
Which was the last country to abolish slavery? Which is the only amendment to the U.S. Constitution ever to be repealed? How did King Henry II of England provide a procedural blueprint for criminal law? These are just a few of the thought-provoking questions addressed in this beautifully illustrated book. Join author Michael H. Roffer as he explores 250 of the most fundamental, far-reaching, and often-controversial cases, laws, and trials that have profoundly changed our world—for good or bad. Offering authoritative context to ancient documents as well as today’s hot-button issues, The Law Book presents a comprehensive look at the rules by which we live our lives. It covers such diverse topics as the Code of Hammurabi, the Ten Commandments, the Trial of Socrates, the Bill of Rights, women’s suffrage, the insanity defense, and more. Roffer takes us around the globe to ancient Rome and medieval England before transporting us forward to contemporary accounts that tackle everything from civil rights, surrogacy, and assisted suicide to the 2000 U.S. presidential election, Google Books, and the fight for marriage equality. Organized chronologically, the entries each consist of a short essay and a stunning full-color image, while the “Notes and Further Reading” section provides resources for more in-depth study. Justice may be blind, but this collection brings the rich history of the law to light.
Author: Antonin Scalia
Publisher: Simon and Schuster
ISBN: 1621575330
Category : Political Science
Languages : en
Pages : 376
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Book Description
"The passing of this brilliant jurist is a great loss, but his writings—with their plain language and constitutional moorings—will guide generations to come." - Speaker of the House Paul Ryan The sudden passing of Justice Antonin Scalia shook America. After almost thirty years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds. Now, as Republicans and Democrats wage war over Scalia’s lamentably empty Supreme Court seat, Kevin Ring, former counsel to the U.S. Senate’s Constitution Subcommittee, has taken a close look at the cases that best illustrate Scalia’s character, philosophy, and legacy. In Scalia’s Court: A Legacy of Landmark Opinions and Dissents, Ring collects Scalia’s most memorable opinions on free speech, separation of powers, race, religious freedom, the rights of the accused, abortion, and more; and intersperses Scalia's own words with an analysis of his legal reasoning and his lasting impact on American jurisprudence. “I don’t worry about my legacy,” Scalia once told an audience at the National Archives. “Just do your job right, and who cares?” Now that "the lion of American law has left the stage,” as the U.S. Attorney General put it, it is for the rest of America to worry about his legacy—and to care.
