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Author: Raoul Berger
Publisher: Harvard University Press
ISBN: 9780674444782
Category : Law
Languages : en
Pages : 416
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Book Description
The little understood yet great power of impeachment lodged in the Congress is dissected in this text through history by Raoul Berger, a leading scholar on the subject. He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside office, and on whether impeachment must precede indictment. Berger also finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St Clair.
Author: Raoul Berger
Publisher: Harvard University Press
ISBN: 9780674444782
Category : Law
Languages : en
Pages : 416
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Book Description
The little understood yet great power of impeachment lodged in the Congress is dissected in this text through history by Raoul Berger, a leading scholar on the subject. He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside office, and on whether impeachment must precede indictment. Berger also finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St Clair.
Author: John Cerullo
Publisher: Lexington Books
ISBN: 1498565905
Category : Law
Languages : en
Pages : 325
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Book Description
At this juncture in American history, some of our most hard-fought state-level political struggles involve control of state supreme courts. New Hampshire witnessed one of the most dramatic of these, culminating in the impeachment of Chief Justice David Brock in 2000, but the issues raised by the case are hardly confined to New Hampshire. They involved the proper nature and operation of judicial independence within a “populist” civic culture that had long assumed the primacy of the legislative branch, extolled its “citizen legislators” over insulated and professionalized elites, and entrusted those legislators to properly supervise the judiciary. In the last few decades of the 20th Century, New Hampshire’s judiciary had been substantially reconfigured: constitutional amendments and other measures endorsed by the national judicial-modernization movement had secured for it a much higher level of independence and internal unification than it had historically enjoyed. However, a bipartisan body of legislators remained committed to the principle of legislative supremacy inscribed in the state constitution of 1784. The 1980s and 1990s witnessed a series of clashes over court administration, allegations of judicial corruption, and finally a bitter and protracted battle over Court decisions on educational funding. Chief Justice Brock publicly embodied the judicial branch's new status and assertiveness. When information came to light regarding some of his administrative actions on the high court, deepening antipathy toward him exploded into an impeachment crisis. The struggle over Brock’s conduct raised significant questionsabout the meaning and proper practice of impeachment itself as a feature of democratic governance. When articles of impeachment were voted by the House of Representatives, the state Senate faced the difficult task of establishing trial protocols that would balance thepolitical and juridical responsibilities devolved on them, simultaneously, by the state constitution.Having struck that balance, the trial they conducted would finally acquit Brock of all charges. Nevertheless, David Brock’s impeachment was a highly consequential ordeal that provided a needed catalyst for reforms intended to produce a productive recalibration of legislative-judicial relations.
Author: Susan Navarro Smelcer
Publisher: DIANE Publishing
ISBN: 1437932312
Category : Political Science
Languages : en
Pages : 31
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Book Description
Contents: (1) Intro.; (2) Overview of the Impeachment Process in the House and Senate; (3) Rules Governing Senate Impeachment Proceedings; (4) Organizing the Senate for Trial; (5) Role of the Presiding Officer; (6) Use of an Impeachment Trial Committee: Org. and Respon. of the Committee; Procedure During the Preliminary Phase of Its Proceedings; Procedure During the Evidentiary Phase of Its Proceedings; Submitting a Report to the Full Senate; (7) Deliberation by the Full Senate; (8) Judgment by the Full Senate; (9) Length of Senate Impeachment Trials; (10) Concluding Observations; App. A. H. Res. 1031, Articles of Impeachment Against Judge G. Thomas Porteous; App. B. Chart of the Senate Impeachment Trial Process. Tables.
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Mary L. Volcansek
Publisher: University of Illinois Press
ISBN: 9780252019616
Category : Law
Languages : en
Pages : 214
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Book Description
Impeachment by the House and conviction by the Senate are the sole means of removing presidents and other federal officials from office. The congressional power to do so had been used sparingly until the early 1980s, when three federal judges were removed by the Senate in almost as many years. Through extensive use of original transcripts, Mary Volcansek analyzes the criminal and congressional proceedings that led to the Senate's conviction and removal of U.S. Judges Harry Claiborne (Nevada), Walter Nixon (Mississippi), and Alcee Hastings (Florida). Claiborne and Nixon both had already been convicted of felonies, yet they demanded impeachment and trial rather than resign their judicial appointments. They and Hastings portrayed themselves as victims of vendettas, claims that altered little when the Senate considered their cases. Volcansek explores various political and legal explanations for the rise in impeachments, among them the Judicial Conduct Act of 1980; the Public Integrity Office of the U.S. Department of Justice; partisanship and ideology; and judicial corruption. She also shows how the cases of Claiborne, Hastings, and Nixon are more than studies in judicial misconduct: the events leading to their Senate convictions, she is convinced, allow evaluation of how law enforcement, the Judicial Conduct Act, impeachment, and politics fit together. Finally, she considers the impeachments in the context of the competing ideals of judicial accountability and independence, suggesting that a type of special counsel be used to investigate alleged judicial misbehavior as a means of stemming misconduct while insulating the judiciary from executive or partisan interference.
Author: Texas
Publisher:
ISBN:
Category : Local government
Languages : en
Pages : 556
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Book Description
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674042328
Category : Political Science
Languages : en
Pages : 290
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Book Description
President Bill Clinton’s year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict. In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis that also has the freshness and immediacy of journalism. Posner clarifies the issues and eliminates misunderstandings concerning facts and the law that were relevant to the investigation by Independent Counsel Kenneth Starr and to the impeachment proceeding itself. He explains the legal definitions of obstruction of justice and perjury, which even many lawyers are unfamiliar with. He carefully assesses the conduct of Starr and his prosecutors, including their contacts with the lawyers for Paula Jones and their hardball tactics with Monica Lewinsky and her mother. He compares and contrasts the Clinton affair with Watergate, Iran–Contra, and the impeachment of Andrew Johnson, exploring the subtle relationship between public and private morality. And he examines the place of impeachment in the American constitutional scheme, the pros and cons of impeaching President Clinton, and the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner’s experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton’s impeachment ordeal.
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. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author: Elizabeth Rybicki
Publisher:
ISBN:
Category : Impeachments
Languages : en
Pages : 25
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Book Description
