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Supreme Myths

Supreme Myths Author Eric J. Segall
ISBN-10 9780313396878
Release 2012
Pages 219
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This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen.



Supreme Myths Why the Supreme Court is Not a Court and its Justices are Not Judges

Supreme Myths  Why the Supreme Court is Not a Court and its Justices are Not Judges Author Eric J Segall
ISBN-10 9780313396885
Release 2012-02-22
Pages 219
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This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen.



The Myth of Judicial Activism

The Myth of Judicial Activism Author Kermit Roosevelt
ISBN-10 0300129564
Release 2008-01-01
Pages 273
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Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.



Originalism as Faith

Originalism as Faith Author Eric J. Segall
ISBN-10 1107188555
Release 2018-07-31
Pages 250
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Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.



The Myth of the Imperial Judiciary

The Myth of the Imperial Judiciary Author Mark Kozlowski
ISBN-10 9780814749296
Release 2006-01-01
Pages 293
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Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.



Nixon s Court

Nixon s Court Author Kevin J. McMahon
ISBN-10 9780226561219
Release 2011-09-19
Pages 336
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Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.



The Supreme Court in and of the Stream of Power

The Supreme Court in and of the Stream of Power Author Kermit Hall
ISBN-10 0815334249
Release 2000
Pages 376
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Available as a single volume or part of the 10 volume set Supreme Court in American Society



Great American Judges

Great American Judges Author John R. Vile
ISBN-10 9781576079898
Release 2003-01-01
Pages 981
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Presents biographies of one hundred influential judges from both state and federal courts, including Oliver Wendell Holmes Jr., Constance Baker Motley, and William Rehnquist.



Political Foundations of Judicial Supremacy

Political Foundations of Judicial Supremacy Author Keith E. Whittington
ISBN-10 9781400827756
Release 2009-03-09
Pages 320
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Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.



A Matter of Interpretation Federal Courts and the Law

A Matter of Interpretation  Federal Courts and the Law Author Antonin Scalia
ISBN-10 9781400882953
Release 2018-01-30
Pages 200
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.



How Judges Think

How Judges Think Author Richard A. Posner
ISBN-10 9780674033832
Release 2010-05-01
Pages 400
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A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.



On Law and Policy in the European Court of Justice

On Law and Policy in the European Court of Justice Author Hjalte Rasmussen
ISBN-10 9024732174
Release 1986-06-24
Pages 555
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On Law and Policy in the European Court of Justice has been writing in one form or another for most of life. You can find so many inspiration from On Law and Policy in the European Court of Justice also informative, and entertaining. Click DOWNLOAD or Read Online button to get full On Law and Policy in the European Court of Justice book for free.



Courting Injustice

Courting Injustice Author Rajesh Talwar
ISBN-10 9789381398586
Release 2013-10-01
Pages 264
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In this partnership between so-called equals, which can be compared to a polyandrous marriage, the Supreme Court is the woman and Parliament and the Executive her two husbands, one more loutish that the other, depending on your point of view. In the Nirbhaya case too the gap between theory and law has been highlighted. Following the terrible episode, (and even before) there has been continual and great improvement in the substantive laws for both women as well as children who have been victims of sexual violence. And yet despite their being so much publicity on the case, the author argues that, concretely, although there has been improvement in the laws themselves, we are nowhere near better enforcement or implementation. Even after the institution of a fast track trial, and with the nation’s attention focused on it, the Nirbhaya case still dragged on and it took more than nine months for the trial court to reach a verdict. And, as the author explains there are still potentially further delays waiting at the level of the superior courts, the High Court certainly and the Supreme Court too, quite possibly. As the author goes on to show in this well argued book, a woman who is the victim of a sex related crime ‘courts injustice’ whenever she comes to a court, be she the victim of a rape, an acid attack, of sexual harassment; the mother or father of such a victim or …be it even any ordinary person struggling to find justice. Our courts, particularly the Supreme Court is performing the function of a nagging wife. Time and again she pulls up the lazy, good-for-nothing husbands (read ‘failure of governance’). And what does either husband do? He goes for a walk, ignoring the wife’s anguished screams even as they follow him. If she complains too much, he tells himself, he’ll see to it that she doesn’t get the silk sari and other goodies she wants (read ‘promotions’, ‘post retirement assignments’, etc). It is only one of the ways he ensures that she doesn’t step too much out of line. All wives nag, he consoles himself. Nagging here and there is tolerable but she must make sure that he gets his meals on time (read ‘doesn’t bar him from contesting elections even if there are a dozen or more criminal cases pending against him’). Meanwhile the overzealous wife doesn’t realize that while she rails and rants against the erring ways of her husband, the dishes are piling up in the kitchen. And the maid has gone away for six months and the dishes, they are piling up (read, the arrears are accumulating)! The time has come. It cannot continue to remain ‘business as usual’. There will be justice for Nirbhaya. Our ‘brave heart’ will also bring justice and relief to all her sisters. And possibly, even to the rest of us.



A Mere Machine

A Mere Machine Author Anna Harvey
ISBN-10 9780300199192
Release 2013-11-28
Pages 384
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Introductory textbooks on American government tell us that the Supreme Court is independent from the elected branches and that independent courts better protect rights than their more deferential counterparts. But are these facts or myths? In this groundbreaking new work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings. Analyzing cross-national evidence, Harvey also finds that the rights protections we enjoy in the United States appear to be largely due to the fact that we do not have an independent Supreme Court. In fact, we would likely have even greater protections for political and economic rights were we to prohibit our federal courts from exercising judicial review altogether. Harvey’s findings suggest that constitutional designers would be wise to heed Thomas Jefferson’s advice to “let mercy be the character of the law-giver, but let the judge be a mere machine.&rdquo



Jewish Justices of the Supreme Court

Jewish Justices of the Supreme Court Author David G. Dalin
ISBN-10 9781512600148
Release 2017-04-04
Pages 384
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Jewish Justices of the Supreme Court examines the lives, legal careers, and legacies of the eight Jews who have served or who currently serve as justices of the U.S. Supreme Court: Louis D. Brandeis, Benjamin Cardozo, Felix Frankfurter, Arthur Goldberg, Abe Fortas, Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan. David Dalin discusses the relationship that these Jewish justices have had with the presidents who appointed them, and given the judges' Jewish background, investigates the antisemitism some of the justices encountered in their ascent within the legal profession before their appointment, as well as the role that antisemitism played in the attendant political debates and Senate confirmation battles. Other topics and themes include the changing role of Jews within the American legal profession and the views and judicial opinions of each of the justices on freedom of speech, freedom of religion, the death penalty, the right to privacy, gender equality, and the rights of criminal defendants, among other issues.



Supreme Court Justice Joseph Story

Supreme Court Justice Joseph Story Author R. Kent Newmyer
ISBN-10 9780807864029
Release 2004-01-21
Pages 512
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The primary founder and guiding spirit of the Harvard Law School and the most prolific publicist of the nineteenth century, Story served as a member of the U.S. Supreme Court from 1811 to 1845. His attitudes and goals as lawyer, politician, judge, and legal educator were founded on the republican values generated by the American Revolution. Story's greatest objective was to fashion a national jurisprudence that would carry the American people into the modern age without losing those values.



The Supreme Court in the Federal Judicial System

The Supreme Court in the Federal Judicial System Author Stephen L. Wasby
ISBN-10 STANFORD:36105060005563
Release 1993-01-01
Pages 429
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The fourth edition of this authoritative text has been completely updated through the 1991-1992 term. New material is presented on the Rehnquist Court, the Court's recourd on civil liberties, and the Clarence Thomas nomination. The text focuses on the Supreme Court, but also analyzes other federal courts and the entire court system. The Court's political roles are discussed first. The structure of the judicial system and the ways of selecting federal judges follows. A separate chapter is devoted to the role of lawyers and interest groups. The book concludes with an account of the impact of court rulings.