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The Supreme Court and Military Justice

The Supreme Court and Military Justice Author Jonathan Lurie
ISBN-10 9781452276281
Release 2013-08-13
Pages 256
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This book addresses the body of statutory and case law covering both the military and military conduct. Four chapters discuss the relationship between the Supreme Court and military justice, covering the Civil War era, World War II, the post-war period from 1956 to 1987, and developments since the September 11, 2001, attacks. Each chapter also includes a set of documents that shed light on these periods of U.S. history. Excerpts from key Supreme Court briefs and rulings are complemented by articles from the Army Times, the Armed Forces Journal, and mass media including the New York Times and The Nation. Incisive introductions to these documents explain the evolution of constitutional law and the ways in which federal and state statutes have lessened the effectiveness of both civilian control over the military and civilian judicial oversight.

Judicial Politics in Mexico

Judicial Politics in Mexico Author Andrea Castagnola
ISBN-10 9781315520599
Release 2016-11-03
Pages 190
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After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

The Court and the World

The Court and the World Author Stephen Breyer
ISBN-10 9781101912072
Release 2016-08
Pages 400
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"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.

Constitutional Reform Act 2005

Constitutional Reform Act 2005 Author Great Britain
ISBN-10 0105407054
Release 2005
Pages 325
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An Act to make provision for modifying the office of Lord Chancellor, and to make provision relating to the functions of that office; to establish a Supreme Court of the United Kingdom, and to abolish the appellate jurisdiction of the House of Lords; to make provision about the jurisdiction of the Judicial Committee of the Privy Council and the judicial functions of the President of the Council; to make other provision about the judiciary, their appointment and discipline. Explanatory notes have been produced to assist in the understanding of this Act and are available separately (ISBN 0105604054). Royal assent, 24th March 2005. With Correction Slip dated August 2007. Partially repealed by SI 2015/700 (ISBN 9780111133491)

Supreme Court Expansion of Presidential Power

Supreme Court Expansion of Presidential Power Author Louis Fisher
ISBN-10 0700624678
Release 2017
Pages 352
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"Fisher traces the development of the constitutional law of presidential power through federal judicial decisions. He argues that the federal courts since the 1930s have greatly expanded presidential power beyond any fair reading of the original intent of the Framers and the text of the Constitution. Fisher's conclusion is twofold : not only should the courts be held accountable for misleading approaches, biased doctrines, and abdication of function, but so should constitutional law scholars, who have not mined the historical record nor questioned presumptions about executive competence. The result is that both judges and the scholars who comment on their work have legitimized executive power to an extent that has done serious damage not only to the constitutional system, but also to the viability and legitimacy of public policy"--

From the Closet to the Altar

From the Closet to the Altar Author Michael Klarman
ISBN-10 9780199922109
Release 2013
Pages 276
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"Bancroft Prize-winning historian and legal expert Michael Klarman here offers an illuminating and engaging account of modern litigation over same-sex marriage. After looking at the treatment of gays in the decades after World War II and the birth of themodern gay rights movement with the Stonewall Rebellion in 1969, Klarman describes the key legal cases involving gay marriage and the dramatic political backlashes they ignited. He examines the Hawaii Supreme Court's ruling in 1993, which sparked a vast political backlash--with more than 35 states and Congress enacting defense-of-marriage acts--and the Massachusetts decision in Goodridge in 2003, which inspired more than 25 states to adopt constitutional bans on same-sex marriage. Klarman traces this same pattern--court victory followed by dramatic backlash--through cases in Vermont, California, and Iowa, taking the story right up to the present. He also describes some of the collateral political damage caused by court decisions in favor of gay marriage--Iowa judges losing their jobs, Senator Majority Leader Tom Daschle losing his seat, and the possibly dispositive impact of gay marriage on the 2004 presidential election. But Klarman also notes several ways in which litigation has accelerated the coming of same-sex marriage: forcing people to discuss the issue, raising the hopes and expectations of gay activists, and making other reforms like civil unions seem more moderate by comparison. In the end, Klarman discusses how gay marriage is likely to evolvein the future, predicts how the U.S. Supreme Court might ultimately resolve the issue, and assesses the costs and benefits of activists' pursuing social reforms such as gay marriage through the courts"--

American Politicians Confront the Court

American Politicians Confront the Court Author Stephen M. Engel
ISBN-10 9781139498067
Release 2011-06-13
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Politicians have long questioned, or even been openly hostile to, the legitimacy of judicial authority, but that authority seems to have become more secure over time. What explains the recurrence of hostilities and yet the security of judicial power? Addressing this question anew, Stephen Engel points to the gradual acceptance of dissenting views of the Constitution, that is, the legitimacy and loyalty of stable opposition. Politicians' changing perception of the threat posed by opposition influenced how manipulations of judicial authority took shape. Engel's book brings our understanding of these manipulations into line with other developments, such as the establishment of political parties, the acceptance of loyal opposition, the development of different modes of constitutional interpretation and the emergence of rights-based pluralism.

Popular Justice

Popular Justice Author Jeff Yates
ISBN-10 0791454487
Release 2002-07-11
Pages 131
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Explores the interaction between the presidency and the U.S. Supreme Court.

America s Supreme Court

America s Supreme Court Author Stephen Breyer
ISBN-10 9780199606733
Release 2010-12-09
Pages 264
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"Published in the US under the title Making our democracy work"--T.p. verso.

Courts Under Constraints

Courts Under Constraints Author Gretchen Helmke
ISBN-10 9781107405202
Release 2012-07-19
Pages 242
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This 2005 book is a study of how institutional instability affects judicial behavior under dictatorship and democracy.

The Supreme Court and the Commander in Chief

The Supreme Court and the Commander in Chief Author Clinton Rossiter
ISBN-10 0801491614
Release 1976
Pages 231
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An updated edition of Rossiter's 1951 assessment of the quality and extent of the Supreme Court's interpretation of and control over the President's wartime powers, with new sections on important events and issues of the past twenty-five years

Supreme Courts and Judicial Law Making

Supreme Courts and Judicial Law Making Author Edward McWhinney
ISBN-10 9024732034
Release 1986
Pages 305
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This book gives a broad understanding of the Belgian Constitutional History including a General Introduction, the Sources of Constitutional Law, its Form of Government, The State & its Subdivisions, Citizenship & its Administration of Justice & Specific Problems. Added features of this publication include a list of abbreviations, an extensive glossary, maps, & charts. This book is an offprint of the International Encyclopaedia of Laws: Constitutional Law .

The Supreme Court and Congress

The Supreme Court and Congress Author Louis Fisher
ISBN-10 STANFORD:36105134405484
Release 2009
Pages 321
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Traces the history of the U.S. Supreme Court and examines the impact of its decisions on politics and public policy.

The Closing of the Liberal Mind

The Closing of the Liberal Mind Author Kim R. Holmes
ISBN-10 9781594039560
Release 2017-12-12
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A former U.S. Assistant Secretary of State and currently Acting Senior Vice President for Research at The Heritage Foundation, Kim R. Holmes surveys the state of liberalism in America today and finds that it is becoming its opposite—illiberalism—abandoning the precepts of open-mindedness and respect for individual rights, liberties, and the rule of law upon which the country was founded, and becoming instead an intolerant, rigidly dogmatic ideology that abhors dissent and stifles free speech. Tracing the new illiberalism historically to the radical Enlightenment, a movement that rejected the classic liberal ideas of the moderate Enlightenment that were prominent in the American Founding, Holmes argues that today’s liberalism has forsaken its American roots, incorporating instead the authoritarian, anti-clerical, and anti-capitalist prejudices of the radical and largely European Left. The result is a closing of the American liberal mind. Where once freedom of speech and expression were sacrosanct, today liberalism employs speech codes, trigger warnings, boycotts, and shaming rituals to stifle freedom of thought, expression, and action. It is no longer appropriate to call it liberalism at all, but illiberalism—a set of ideas in politics, government, and popular culture that increasingly reflects authoritarian and even anti-democratic values, and which is devising new strategies of exclusiveness to eliminate certain ideas and people from the political process. Although illiberalism has always been a temptation for American liberals, lurking in the radical fringes of the Left, it is today the dominant ideology of progressive liberal circles. This makes it a new danger not only to the once venerable tradition of liberalism, but to the American nation itself, which needs a viable liberal tradition that pursues social and economic equality while respecting individual liberties.

Courts Politics and Culture in Israel

Courts  Politics  and Culture in Israel Author Martin Edelman
ISBN-10 0813915074
Release 1994
Pages 169
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Moreover, Israel lacks the organizing structure and directing force provided by a written constitution

The Pursuit of Justice

The Pursuit of Justice Author Kermit L. Hall
ISBN-10 9780195311891
Release 2006-12-01
Pages 253
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Reviews and discusses landmark cases heard by the United States Supreme court from 1803 through 2000.

Landmark Supreme Court Cases

Landmark Supreme Court Cases Author Gary R. Hartman
ISBN-10 9781438110363
Release 2009-01-01
Pages 609
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Through its interpretations of the Constitution and Bill of Rights