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Author: George I. Lovell
Publisher: Cambridge University Press
ISBN: 1139440616
Category : Political Science
Languages : en
Pages : 314
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Book Description
Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence, and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. This book argues for a fundamental shift in the way scholars think about judicial policy-making. Scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. This study of legislative deference to the courts offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy.
Author: George I. Lovell
Publisher: Cambridge University Press
ISBN: 1139440616
Category : Political Science
Languages : en
Pages : 314
Get Book Here
Book Description
Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence, and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. This book argues for a fundamental shift in the way scholars think about judicial policy-making. Scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. This study of legislative deference to the courts offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy.
Author: George I. Lovell
Publisher:
ISBN:
Category : Judicial process
Languages : en
Pages : 534
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Book Description
Author: United States. Congress. House. Committee on Rules
Publisher:
ISBN:
Category : Administrative procedure
Languages : en
Pages : 1248
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Book Description
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure
Publisher:
ISBN:
Category : Administrative procedure
Languages : en
Pages : 208
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Book Description
Author: United States. Congress. House. Committee on Rules
Publisher:
ISBN:
Category : Administrative procedure
Languages : en
Pages : 152
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Book Description
Author: United States. Congress. House. Committee on Rules
Publisher:
ISBN:
Category :
Languages : en
Pages : 172
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Calendars
Languages : en
Pages : 416
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Book Description
Author: Scott E. Lemieux
Publisher: Routledge
ISBN: 1351602128
Category : Political Science
Languages : en
Pages : 296
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Book Description
For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.
Author: Michael P. Fix
Publisher: Edward Elgar Publishing
ISBN: 1035309327
Category : Law
Languages : en
Pages : 497
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Book Description
This timely Research Handbook offers a comprehensive examination of judicial politics, both in the US and across the globe. Taking a broad view of the judiciary in all levels of the court, it examines the present state of the field and raises new questions for future scholarly exploration.
