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Author: G. Alan Tarr
Publisher: Stanford University Press
ISBN: 0804783500
Category : Law
Languages : en
Pages : 280
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Book Description
The impartial administration of justice and the accountability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one another. At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups, and the general public. But at the state level, debate has continued as to the proper balance between judicial independence and judicial accountability. In this volume, constitutional scholar G. Alan Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reigning conceptions of judicial independence and accountability emerged, and when and how did conflict over them develop? In part, the analysis is theoretical: what is the proper understanding of judicial independence and accountability? Tarr concludes the book by identifying the challenges to state-level judicial independence and accountability that have emerged in recent decades, assessing the solutions offered by the competing sides, and offering proposals for how to strike the appropriate balance between independence and accountability.
Author: Judith S. Kaye
Publisher:
ISBN: 9780823227631
Category : Biography & Autobiography
Languages : en
Pages : 1046
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Book Description
"This book fills a major gap in the literature of the law and of American history.
Author: G. Alan Tarr
Publisher: Stanford University Press
ISBN: 0804783500
Category : Law
Languages : en
Pages : 280
Get Book Here
Book Description
The impartial administration of justice and the accountability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one another. At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups, and the general public. But at the state level, debate has continued as to the proper balance between judicial independence and judicial accountability. In this volume, constitutional scholar G. Alan Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reigning conceptions of judicial independence and accountability emerged, and when and how did conflict over them develop? In part, the analysis is theoretical: what is the proper understanding of judicial independence and accountability? Tarr concludes the book by identifying the challenges to state-level judicial independence and accountability that have emerged in recent decades, assessing the solutions offered by the competing sides, and offering proposals for how to strike the appropriate balance between independence and accountability.
Author: Christopher G. Bates
Publisher: Routledge
ISBN: 1317457404
Category : History
Languages : en
Pages : 1453
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Book Description
First Published in 2015. Routledge is an imprint of Taylor & Francis, an Informa company.
Author: Timothy S. Huebner
Publisher: University of Georgia Press
ISBN: 0820342289
Category : History
Languages : en
Pages : 280
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Book Description
He exposes the myth of southern leniency in appellate homicide decisions and also shows how the southern judiciary contributed to and reflected larger trends in American legal development."--BOOK JACKET.
Author: Mark Edward Lender
Publisher: Rutgers University Press
ISBN: 9780813538044
Category : History
Languages : en
Pages : 364
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Book Description
In this first historical account of the District of New Jersey, Mark Edward Lender traces its evolution from its origins through the turn of the twenty-first century. Drawing on extensive original records, including those in the National Archives, he shows how it was at the district court level that the new nation first tested the role of federal law and authority. From these early decades through today, the cases tried in New Jersey stand as prime examples of the legal and constitutional developments that have shaped the course of federal justice. At critical moments in our history, the courts participated in the Alien and Sedition Acts, the transition from Federalist to Jeffersonian political authority, the balancing of state and federal roles during the Civil War and Reconstruction, and modern controversies over civil rights and affirmative
Author: Christopher P. Banks
Publisher: CQ Press
ISBN: 1483386287
Category : Political Science
Languages : en
Pages : 678
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Book Description
The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, "Contemporary Controversies over Courts" and "In Comparative Perspective," the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the "hardball politics" of judicial selection, plea bargaining trends, the right to counsel and "pay as you go" justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
Author: James W. Ely Jr.
Publisher: Bloomsbury Publishing USA
ISBN: 1576077152
Category : Law
Languages : en
Pages : 336
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Book Description
A fresh interpretation of the workings and legacy of the Supreme Court during the tenure of Chief Justice Melville W. Fuller. The Fuller Court: Justices, Rulings, and Legacy presents an in-depth analysis of the decisions and impact of the U.S. Supreme Court during the twenty-two year reign of Chief Justice Melville W. Fuller. An exploration of key Court decisions—ranging from railroad rate regulation and the Due Process Clause to the 1894 income tax—reveals how the Court assigned a high priority to individual liberty, which it defined largely in economic terms. A revealing discussion of the Commerce Clause and the Interstate Commerce Commission shows how the Fuller Court both limited and accepted some expansion of federal authority. Profiles of the nineteen justices who served on the Fuller Court place a special emphasis on those who made the most significant impact, including John Marshall Harlan, Samuel F. Miller, and Oliver Wendell Holmes, Jr.
Author: William P. LaPiana
Publisher: Oxford University Press
ISBN: 019535995X
Category : Law
Languages : en
Pages : 265
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Book Description
The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.
Author: Victoria C. Hattam
Publisher: Princeton University Press
ISBN: 1400863082
Category : Business & Economics
Languages : en
Pages : 279
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Book Description
Why has labor played a more limited role in national politics in the United States than it has in other advanced industrial societies? Victoria Hattam demonstrates that voluntarism, as American labor's policy was known, was the American Federation of Labor's strategic response to the structure of the American state, particularly to the influence of American courts. The AFL's strategic calculation was not universal, however. This book reveals the competing ideologies and acts of interpretation that produced these variations in state-labor relations. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Hannah Brenner Johnson
Publisher: NYU Press
ISBN: 1479895911
Category : Social Science
Languages : en
Pages : 301
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Book Description
Winner, Next Generation Indie Book Awards - Women's Nonfiction Best Book of 2020, National Law Journal The inspiring and previously untold history of the women considered—but not selected—for the US Supreme Court In 1981, Sandra Day O’Connor became the first female justice on the United States Supreme Court after centuries of male appointments, a watershed moment in the long struggle for gender equality. Yet few know about the remarkable women considered in the decades before her triumph. Shortlisted tells the overlooked stories of nine extraordinary women—a cohort large enough to seat the entire Supreme Court—who appeared on presidential lists dating back to the 1930s. Florence Allen, the first female judge on the highest court in Ohio, was named repeatedly in those early years. Eight more followed, including Amalya Kearse, a federal appellate judge who was the first African American woman viewed as a potential Supreme Court nominee. Award-winning scholars Renee Knake Jefferson and Hannah Brenner Johnson cleverly weave together long-forgotten materials from presidential libraries and private archives to reveal the professional and personal lives of these accomplished women. In addition to filling a notable historical gap, the book exposes the tragedy of the shortlist. Listing and bypassing qualified female candidates creates a false appearance of diversity that preserves the status quo, a fate all too familiar for women, especially minorities. Shortlisted offers a roadmap to combat enduring bias and discrimination. It is a must-read for those seeking positions of power as well as for the powerful who select them in the legal profession and beyond.
