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Author: Robert J. Kaczorowski
Publisher: Reconstructing America
ISBN: 9780823223824
Category : Law
Languages : en
Pages : 246
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Book Description
This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction. "Should be required reading . . . for all historians, jurists, lawyers, political scientists, and government officials who in one way or another are responsible for understanding and interpreting our civil rights past."--Harold M. Hyman, Journal of Southern History "Important, richly researched. . . . the fullest account now available."--American Journal of Legal History
Author: Robert J. Kaczorowski
Publisher: Reconstructing America
ISBN: 9780823223824
Category : Law
Languages : en
Pages : 246
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Book Description
This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction. "Should be required reading . . . for all historians, jurists, lawyers, political scientists, and government officials who in one way or another are responsible for understanding and interpreting our civil rights past."--Harold M. Hyman, Journal of Southern History "Important, richly researched. . . . the fullest account now available."--American Journal of Legal History
Author: Peter Charles Hoffer
Publisher: Oxford University Press
ISBN: 0199387907
Category : Law
Languages : en
Pages : 561
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Book Description
There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."
Author:
Publisher:
ISBN: 9781663319005
Category : Court rules
Languages : en
Pages :
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Book Description
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674296275
Category : Law
Languages : en
Pages : 436
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Book Description
Drawing on economic and political theory, legal analysis, and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises concerns that have been expressed with their performance, and presents a variety of proposals for both short-term and fundamental reform.
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: Justin Crowe
Publisher: Princeton University Press
ISBN: 1400842573
Category : Political Science
Languages : en
Pages : 313
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Book Description
How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
Author: Cass R. Sunstein
Publisher: Rowman & Littlefield
ISBN: 0815782357
Category : Law
Languages : en
Pages : 194
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Book Description
Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.
Author: Nicholas Theodore Aroney
Publisher: University of Toronto Press
ISBN: 1487511485
Category : Law
Languages : en
Pages : 598
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Book Description
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Author: Peter Graham Fish
Publisher: Princeton University Press
ISBN: 1400868327
Category : Law
Languages : en
Pages : 551
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Book Description
Although administrative policy-making is overshadowed by the drama of judicial decision-making, it is a vital part of the judicial process. Peter Graham Fish examines the structure and legislative history of the various institutions of the federal judicial administration, their development, and their operation. He focuses on the lower courts to show that, although it is delimited by a network of formal institutions, the federal judicial administration is characterized by informality and voluntarism and depends, as he emphasizes, on the roles played by individual judges. As administrators, judges become deeply involved in politics, and Peter Graham Fish concentrates on the politics of the national judicial administration. Within this framework he raises enduring issues: Shall local federal judges be wholly independent or must they conform to uniform standards of law and administration? Shall administration be separate and diffused or united and centralized? Shall politics be superior or subordinate to so-called standards of "'efficiency"? Shall the interests of trial judges prevail over or be subordinate to the regional and national interests of appellate judges? How shall money, manpower, jurisdictional, and structural changes be distributed among the courts? To what extent, if any, should judges modify their behavior or institutions to meet external criticism? Originally published in 1973. 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: Arthur D. Hellman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1494
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Book Description
