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Author:
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ISBN:
Category :
Languages : en
Pages : 16
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 16
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Author: United States. Supreme Court
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 1004
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 76
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Author: Robert Sickels
Publisher: Penn State Press
ISBN: 0271073055
Category : Law
Languages : en
Pages : 177
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Book Description
A good pragmatist's constitutional theory is inseparable from the legal disputes out of which it arises. John Paul Stevens's theory, that of deciding individual cases well instead of applying constitutional principles in the abstract to cases by category, thus lends itself to being studied in its natural, factual habitat—in his own words, case by case. That's what this book does. In Chapter 1 Sickels distills Stevens's thoughts about law and appellate judging from his early writings and his opinions on the federal appeals court and, from 1975 to the present, on the U.S. Supreme Court. Stevens shows a concern for facts and consequences, for balancing, for deference to other decision makers unless they have been careless, for avoidance of undue complexity in judge-made law, and for drawing the line between clarity and oversimplification in legal rules. The next three chapters describe the application of Stevens's pragmatism to areas of constitutional law to which the Court and he especially have devoted most attention in recent years: First Amendment guarantees of freedom of expression and religion, the procedural guarantees (broadly, due process) of the Bill of Rights and the Fourteenth Amendment, and the equal protection of the laws. In each area, Stevens's special contributions are described. The concluding chapter places Stevens's judging in the contexts of the ongoing debate about the legitimacy of balancing, the ways of other moderates on the Court, and the voting records of the other members of the Court as a whole. Unique to this work is a meaningful introduction to the term moderate when applied to a Supreme Court justice, a definition based on careful analysis of the interplay of general rules and specific, case-by-case context. As such it is the very essence of Stevens's own way of judging and thus enables analysis of the work of a pragmatist on his own terms rather than through the distortions of a conflicting theory of law. John Paul Stevens is recognized as a jurist of unusual ability and one adheres to no ideological camp. While it is one thing to know he is neither rigid liberal nor a conservative, this book goes beyond the "neither nor" to accomplish the more difficult goal of defining what he is. This study is intended for scholars and students of the Supreme Court, the Constitution, the courts, and the American political process. Lawyers working before the Supreme Court, informed generalists, and courtwatchers generally, whether liberal, conservative, or neutral, will find much of interest here.
Author: Indiana. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 644
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Author: Bill Barnhart
Publisher: Cornell University Press
ISBN: 1501757199
Category : Biography & Autobiography
Languages : en
Pages : 327
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Book Description
During Justice Sonya Sotomayor's 2009 confirmation hearings, the idea of "biography" played a high-profile role in the debate. How much does a person's experience affect his or her judicial opinions? Should personal history be a key consideration when determining qualifications to sit on the highest court in the land? In this impeccably researched book, journalist Bill Barnhart and retired lawyer and former legislator Gene Schlickman paint a detailed portrait of Justice John Paul Stevens' remarkable life and tenure on the Court. Through vivid family history and a careful look at his work on the bench, Barnhart and Schlickman offer the first biography of the second longest-serving Supreme Court justice of the modern era—one who has proudly earned the title of the Court's most prolific dissenter. To provide a nuanced and multifaceted look at the justice, Barnhart and Schlickman interviewed Stevens and an extraordinary number of Stevens' friends and family members, former clerks, current colleagues, politicians, and court watchers. They spoke with such public figures as former President Gerald Ford, former Ford chief of staff Donald Rumsfeld, and Justice Ruth Bader Ginsburg. Interviews with Stevens' children and one of his brothers provide personal insights into the man behind the robe. Tales of his childhood, of growing up in an affluent family in Chicago's Hyde Park neighborhood, and of the family business, including The Stevens Hotel (now the Chicago Hilton and Towers), create a rich portrait of the independent man and judge. Intimate anecdotes from Stevens' former law clerks reveal the lighter side of some of the most serious work in the country. Barnhart and Schlickman also give careful consideration to Stevens' career. They trace his early years as a Chicago lawyer, his appointment to the federal appeals bench in Chicago, and his ultimate nomination to the Supreme Court by Republican President Ford. They examine his best-known opinions, including his emotional dissents in Texas v. Johnson and Bush v. Gore. They trace his growth as a molder of Court decisions. In an era of an increasingly politicized judiciary, the story of Stevens' life, as a lawyer who joined the bench with no political or ideological baggage, is an urgent reminder of the importance of judicial impartiality and the need to cultivate it. This vibrant biography will be of interest to those fascinated by the inner workings of the Supreme Court as well as those who simply want to learn more about one of Chicago's favorite sons.
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 924
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Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1172
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Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio.
Author: Abraham Clark Freeman
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1080
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Book Description
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1028
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Book Description
