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Author: Thomas E. Baker
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 492
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Book Description
Author: Thomas E. Baker
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 492
Get Book Here
Book Description
Author: Thomas E. Baker
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 492
Get Book Here
Book Description
Author: Andrew Coan
Publisher: Harvard University Press
ISBN: 0674986954
Category : Law
Languages : en
Pages : 281
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Book Description
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Author: Leonard M. Fleck
Publisher: Oxford University Press
ISBN: 0195128044
Category : Business & Economics
Languages : en
Pages : 479
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Book Description
What does it mean to be a "just" and "caring" society when we have only limited resources to meet unlimited health care needs? Do we believe that all lives are of equal value? Is human life priceless? Should a "just" and "caring" society refuse to put limits on health care spending? In Just Caring, Leonard Fleck reflects on the central moral and political challenges of health reform today. He cites the millions of Americans who go without health insurance, thousands of whom die prematurely, unable to afford the health care needed to save their lives. Fleck considers these deaths as contrary to our deepest social values, and makes a case for the necessity of health care rationing decisions. The core argument of this book is that no one has a moral right to impose rationing decisions on others if they are unwilling to impose those same rationing decisions on themselves in the same medical circumstances. Fleck argues we can make health care rationing fair, in ways that are mutually respectful, if we engage in honest rational democratic deliberation. Such civic engagement is rare in our society, but the alternative is endless destructive social controversy that is neither just nor caring.
Author: William M. Richman
Publisher:
ISBN: 0195342070
Category : Law
Languages : en
Pages : 252
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Book Description
In Injustice on Appeal: The United States Courts of Appeals in Crisis, William M. Richman and William L. Reynolds chronicle the transformation of the United States Circuit Courts. will constitute a powerful piece of advocacy for a more responsible and egalitarian approach to caseload glut facing the circuit courts.
Author: I. Glenn Cohen
Publisher:
ISBN: 0190217472
Category : Medical
Languages : en
Pages : 241
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Book Description
The identified lives effect describes the fact that people demonstrate a stronger inclination to assist persons and groups identified as at high risk of great harm than those who will or already suffer similar harm, but endure unidentified. As a result of this effect, we allocate resources reactively rather than proactively, prioritizing treatment over prevention. For example, during the August 2010 gold mine cave-in in Chile, where ten to twenty million dollars was spent by the Chilean government to rescue the 33 miners trapped underground. Rather than address the many, more cost effective mine safety measures that should have been implemented, the Chilean government and international donors concentrated efforts in large-scale missions that concerned only the specific group. Such bias as illustrated through this incident raises practical and ethical questions that extend to almost every aspect of human life and politics. What can social and cognitive sciences teach us about the origin and triggers of the effect? Philosophically and ethically, is the effect a "bias" to be eliminated or is it morally justified? What implications does the effect have for health care, law, the environment and other practice domains? This volume is the first to take an interdisciplinary approach toward answering this issue of identified versus statistical lives by considering a variety of perspectives from psychology, public health, law, ethics, and public policy.
Author: Thomas E. Baker
Publisher:
ISBN:
Category : Appellate courts
Languages : en
Pages : 124
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Book Description
Author: Institute of Medicine
Publisher: National Academies Press
ISBN: 0309060990
Category : Social Science
Languages : en
Pages : 91
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Book Description
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 110
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Book Description
Author: Lawrence Baum
Publisher: University of Chicago Press
ISBN: 0226039552
Category : Law
Languages : en
Pages : 298
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Book Description
Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas, and the degree of specialization has grown over time. Specializing the Courts provides the first comprehensive analysis of specialization in the federal and state court systems.
