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Author: Jeffrey A. Segal
Publisher: Cambridge University Press
ISBN: 9780521780384
Category : Law
Languages : en
Pages : 428
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Book Description
This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.
Author: Jeffrey A. Segal
Publisher: Cambridge University Press
ISBN: 9780521780384
Category : Law
Languages : en
Pages : 428
Get Book Here
Book Description
This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.
Author: Toni M. Fine
Publisher: Anderson Publishing Company (OH)
ISBN:
Category : Law
Languages : en
Pages : 148
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Book Description
Author: William M. Wiecek
Publisher: JHU Press
ISBN:
Category : History
Languages : en
Pages : 248
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Book Description
The two-hundredth anniversary of the U.S. Constitution and the intense debates surrounding the recent nominees to the Supreme Court have refocused attention on one of the most fundamental documents in U.S. history—and on the judges who settle disputed over its interpretation. Liberty under Law is a concise and readable history of the U.S. Supreme Court, from its antecedents in colonial and British legal tradition to the present, William M. Wiecek surveys the impact of the Court's power of judicial review on important aspects of the national's political, economic, and social life. The author highlights important decisions on issues that range from the scope and legitimacy of judicial review itself to civil rights, censorship, the rights of privacy, seperation of church and state, and the powers of the President and Congress to conduct foreign affairs.
Author: Peter Irons
Publisher: Turner Publishing Company
ISBN: 1118138066
Category : Political Science
Languages : en
Pages : 311
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Book Description
A guide to the American legal system, told through the story of two actual court cases The Steps to the Supreme Court takes a lively, narrative approach to the subject by following two real cases--one civil, one criminal--as they work their way through the system all the way up to the Supreme Court. Written by a member of the Supreme Court bar, this book brings the legal system to life in a practical, accessible, and compelling way. Covers the key legal terms, principles, and processes you need to have a basic grasp of the American legal system Tracks the criminal case involving the murder trial of Paul House and follows the defendant from the night of the murder through his conviction, appeals, and final chance for exoneration at the hands of the Supreme Court Follows a civil case concerning the Ten Commandments being displayed on public property, following the parties from the time the plaintiffs filed their complaints through the Supreme Court decisions and back to the aftermath in the lower courts as they wrestle with a divided complex ruling Written by the author of A People's History of the Supreme Court, and other classic works on the American justice system
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: Benjamin H. Barton
Publisher: Encounter Books
ISBN: 1594039348
Category : Law
Languages : en
Pages : 198
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Book Description
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Author: Diane S. Kaplan
Publisher: Aspen Publishing
ISBN: 1454870958
Category : Political Science
Languages : en
Pages : 360
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Book Description
This new coursebook introduces students to the relationship among the American constitutional, governmental, and legal systems. With a clear and concise presentation, this book explores historical and contemporary events, judicial opinions, and constitutional provisions that demonstrate how the three systems accommodate social progress in an ever-changing and highly diverse nation. Perfect for LLM courses or even undergraduate classes, this book aims to teach students how to understand constitutional doctrines, brief judicial opinions, and how American history affects contemporary legal issues. Features: Clear and concise presentation and logical organization of material making it an excellent introductory book to the American legal system Inclusion of modern cases on relevant topics, such as same-sex marriage, legalization of marijuana, and homicidal laws affecting juveniles Chapter questions that facilitate basic legal analysis through hypotheticals, opinion briefing, and application of constitutional provisions Inclusion of important historical and political events, such as lawsuits brought against Presidents, congressional impeachment powers, the Electoral College System, the Supreme Court s resolution of voting issues, the Civil War and post Civil War constitutional amendments, the Civil Rights movement, presidential and congressional war powers, and Supreme Court opinions about Guantanamo Bay detainees
Author: Aziz Z. Huq
Publisher: Oxford University Press
ISBN: 0197556817
Category : LAW
Languages : en
Pages : 193
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Book Description
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Author: Benjamin H. Barton
Publisher: Cambridge University Press
ISBN: 1139495585
Category : Law
Languages : en
Pages : 313
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Book Description
Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
Author: Matthew P Hitt
Publisher: University of Michigan Press
ISBN: 0472131362
Category : Political Science
Languages : en
Pages : 235
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Book Description
The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. In either case, it produces an unreasoned judgment. Conversely, a Court that prioritizes logically consistent doctrine will fail to resolve many underlying disputes in law and society. Inconsistency and Indecision in the United States Supreme Court demonstrates that over time, institutional changes, lobbied for by the justices, substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. Hence, the Supreme Court historically emphasized the first goal of dispute resolution, but evolved into a Court that prioritizes the second goal of logically consistent doctrine. As a result, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation.
