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Author: United States. Supreme Court
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 632
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Book Description
Author: United States. Supreme Court
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 632
Get Book Here
Book Description
Author: United States. Supreme Court
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages :
Get Book Here
Book Description
Author: John Hart Ely
Publisher: Harvard University Press
ISBN: 0674263294
Category : Law
Languages : en
Pages : 281
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Book Description
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author: Lincoln Caplan
Publisher: Alfred A. Knopf
ISBN:
Category : Law
Languages : en
Pages : 360
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Book Description
Of all the nation's public officials, the Solicitor General is the only one required by statute to be "learned in the law." Although he serves in the Department of Justice, he also has permanent chambers in the Supreme Court. The fact that he keeps offices at these two distinct institutions underscores his special role.
Author: Randy E. Barnett
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 473
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Book Description
An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Author: Erwin Chemerinsky
Publisher: Penguin Books
ISBN: 0143128000
Category : History
Languages : en
Pages : 402
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Book Description
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Author: Charles R. Epp
Publisher: University of Chicago Press
ISBN: 9780226211626
Category : Law
Languages : en
Pages : 348
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Book Description
List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.
Author: David C. Frederick
Publisher: West Academic Publishing
ISBN: 9780314195012
Category : Appellate procedure
Languages : en
Pages : 0
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Book Description
This book reveals the inside secrets from one of the country's leading Supreme Court advocates about how to prepare to argue in court. Chapters in this book address organizing an approach to preparation, handling the wide range of questions judges ask, honing openings, basic approaches to presenting argument, common mistakes, and attributes of the best advocates. Throughout, the author illustrates points with examples from real cases. It is ideal for first-year writing and advocacy programs, for upper-level appellate advocacy courses and clinics, for moot court competitions, and as a review resource for attorneys.
![Contemporary Supreme Court Cases [2 volumes] PDF](https://books.google.com/books/content/images/frontcover/O7vOEAAAQBAJ?fife=w80-h100)
Author: Donald E. Lively
Publisher: Bloomsbury Publishing USA
ISBN: 1440837139
Category : Political Science
Languages : en
Pages : 768
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Book Description
With its blend of accessible writing and actual excerpts from Court opinions, this book serves to explain the legal and cultural underpinnings of landmark U.S. Supreme Court decisions of the past 35 years—and to illuminate how these decisions have shaped the trajectory and character of modern American society. As the nation's law defines society, society defines the law. As the nation's fundamental law, the U.S. Constitution is the overarching statement of the people's will. Interpreting the Constitution, however, is no simple task. This book examines more than 100 landmark Supreme Court cases from 1973 to the present, providing readers with insights into decisions that have had a profound impact on American politics, commerce, culture, and life. Organized categorically, this book serves readers either as a comprehensive review of modern constitutional law or as a ready reference source. It includes entries on Supreme Court decision-making regarding high-interest issues such as abortion (Roe v. Wade, 1973; Gonzales v. Carthart, 2007), climate change (Massachusetts v. EPA, 2007), voting rights (Bush v. Gore, 2000), free speech (Texas v. Johnson, 1989), the death penalty (Roper v. Simmons, 2005), immigration (Arizona v. United States, 2012), campaign financing (Citizens United v. FEC, 2010), gun control (District of Columbia v. Heller, 2008), the Affordable Care Act (National Federation of Independent Business v. Sebelius, 2012), and gay marriage (United States v. Windsor, 2013). The book not only interprets key Court decisions but also provides critical context and perspective that makes the subject matter easier to understand and more meaningful, especially for readers without an extensive background in Constitutional law. Bibliographies are provided at the end of each case to direct those seeking to delve more deeply into specific topics.
Author: Kermit L. Hall
Publisher: Oxford University Press
ISBN: 0199725357
Category : Law
Languages : en
Pages : 1270
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Book Description
The Supreme Court has continued to write constitutional history over the thirteen years since publication of the highly acclaimed first edition of The Oxford Companion to the Supreme Court. Two new justices have joined the high court, more than 800 cases have been decided, and a good deal of new scholarship has appeared on many of the topics treated in the Companion. Chief Justice William H. Rehnquist presided over the impeachment trial of President Bill Clinton, and the Court as a whole played a decisive and controversial role in the outcome of the 2000 presidential election. Under Rehnquists's leadership, a bare majority of the justices have rewritten significant areas of the law dealing with federalism, sovereign immunity, and the commerce power. This new edition includes new entries on key cases and fully updated treatment of crucial areas of constitutional law, such as abortion, freedom of religion, school desegregation, freedom of speech, voting rights, military tribunals, and the rights of the accused. These developments make the second edition of this accessible and authoritative guide essential for judges, lawyers, academics, journalists, and anyone interested in the impact of the Court's decisions on American society.
