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A Talk With Judge Robert H Bork
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Download or read book Coercing Virtue written by Robert H. Bork and published by Vintage Canada. This book was released on 2010-07-07 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue
Download or read book A Time to Speak written by Robert H. Bork and published by ISI Books. This book was released on 2008-11-15 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Bork has gathered together his most important and prophetic writings in this volume that features more than 60 of the legal scholar's contributions on topics ranging from President Nixon to St. Thomas More, from abortion to antitrust policy, and from civil liberties to natural law.
Book Synopsis The Tempting of America by : Robert H. Bork
Download or read book The Tempting of America written by Robert H. Bork and published by Simon and Schuster. This book was released on 2009-11-24 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law. In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the “original understanding” of the Framers and the people for whom it was written. Widely hailed as the most important critique of the nation’s intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork’s chillingly emblematic experiences during the Senate Judiciary Committee’s hearing on his Supreme Court nomination.
Book Synopsis Tradition and Morality in Constitutional Law by : Robert H. Bork
Download or read book Tradition and Morality in Constitutional Law written by Robert H. Bork and published by American Enterprise Institute Press. This book was released on 1984 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Saving Justice written by Robert Bork and published by Encounter Books. This book was released on 2013-03-05 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 1973, Judge Robert Bork was plucked from a quiet life of academia at Yale University and planted in the tumultuous soil of constitutional crisis by a Nixon administration barreling toward collapse. From the ousting of Vice President Spiro Agnew to the discharge of the Watergate special prosecutor, an event known as the Saturday Night Massacre, Saving Justice offers a firsthand, insider account of the whirlwind of events that engulfed the administration during the last half of 1973 and the first few months of 1974. This important volume provides a revelatory look into the inner workings of the Justice Department during some of the most consequential months of the Nixon administration.
Book Synopsis Slouching Towards Gomorrah by : Robert H. Bork
Download or read book Slouching Towards Gomorrah written by Robert H. Bork and published by Harper Collins. This book was released on 2010-11-16 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this New York Times bestselling book, Robert H. Bork, our country's most distinguished conservative scholar, offers a prophetic and unprecedented view of a culture in decline, a nation in such serious moral trouble that its very foundation is crumbling: a nation that slouches not towards the Bethlehem envisioned by the poet Yeats in 1919, but towards Gomorrah. Slouching Towards Gomorrah is a penetrating, devastatingly insightful exposé of a country in crisis at the end of the millennium, where the rise of modern liberalism, which stresses the dual forces of radical egalitarianism (the equality of outcomes rather than opportunities) and radical individualism (the drastic reduction of limits to personal gratification), has undermined our culture, our intellect, and our morality. In a new Afterword, the author highlights recent disturbing trends in our laws and society, with special attention to matters of sex and censorship, race relations, and the relentless erosion of American moral values. The alarm he sounds is more sobering than ever: we can accept our fate and try to insulate ourselves from the effects of a degenerating culture, or we can choose to halt the beast, to oppose modern liberalism in every arena. The will to resist, he warns, remains our only hope.
Book Synopsis The Antitrust Paradox by : Robert Bork
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Book Synopsis Arbitrary Justice by : Angela J. Davis
Download or read book Arbitrary Justice written by Angela J. Davis and published by Oxford University Press. This book was released on 2007-04-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.
Book Synopsis The Lawyer Bubble by : Steven J Harper
Download or read book The Lawyer Bubble written by Steven J Harper and published by Basic Books. This book was released on 2016-03-08 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: A noble profession is facing its defining moment. From law schools to the prestigious firms that represent the pinnacle of a legal career, a crisis is unfolding. News headlines tell part of the story—the growing oversupply of new lawyers, widespread career dissatisfaction, and spectacular implosions of pre-eminent law firms. Yet eager hordes of bright young people continue to step over each other as they seek jobs with high rates of depression, life-consuming hours, and little assurance of financial stability. The Great Recession has only worsened these trends, but correction is possible and, now, imperative. In The Lawyer Bubble, Steven J. Harper reveals how a culture of short-term thinking has blinded some of the nation’s finest minds to the long-run implications of their actions. Law school deans have ceded independent judgment to flawed U.S. News & World Report rankings criteria in the quest to maximize immediate results. Senior partners in the nation’s large law firms have focused on current profits to enhance American Lawyer rankings and individual wealth at great cost to their institutions. Yet, wiser decisions—being honest about the legal job market, revisiting the financial incentives currently driving bad behavior, eliminating the billable hour model, and more—can take the profession to a better place. A devastating indictment of the greed, shortsightedness, and dishonesty that now permeate the legal profession, this insider account is essential reading for anyone who wants to know how things went so wrong and how the profession can right itself once again.
Book Synopsis Ninth Justice by : Patrick B. McGuigan
Download or read book Ninth Justice written by Patrick B. McGuigan and published by University Press of America. This book was released on 1990 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique historical document -- both a simple narration of the fight for U.S. Senate confirmation of Judge Robert H. Bork and an inside look at the ups and (mostly) downs of the protagonists as the battle unfolded.
Book Synopsis Battle for Justice by : Ethan Bronner
Download or read book Battle for Justice written by Ethan Bronner and published by Sterling Publishing Company. This book was released on 2007 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: When President Reagan nominated Robert Bork to the Supreme Court, it was the spark that fueled a months-long firestorm during which liberals and conservatives battled fiercely over Reagan’s choice, each trying to gain control of the nation’s judicial future. The American public, captivated by this struggle for power, weighed in with an unprecedented outpouring of mail and telephone calls to the United States Senate arguing both pro- and con- positions. Based on scores of interviews with key figures and a shrewd analysis of the issues, then-Boston Globe reporter Ethan Bronner chronicles this engrossing story of a titanic struggle for political power. It features key players such as Senators Joseph Biden and Edward Kennedy, with the latter leading the fight against the appointment using savvy Madison Avenue style strategies; a Justice Department desperate to hold its ground; a shocked White House staff, caught off-guard; and of course Bork himself, who insisted that "the process of confirming justices for our nations highest court has been transformed in a way that should not and indeed must not be permitted to occur again.” Featuring a new epilogue, "Where Are They Now?”
Book Synopsis Constitutionalism and the Rule of Law by : Maurice Adams
Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Book Synopsis The Next Justice by : Christopher L. Eisgruber
Download or read book The Next Justice written by Christopher L. Eisgruber and published by Princeton University Press. This book was released on 2009-06-07 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: He describes a new and better manner of deliberating about who should serve on the Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates."
Book Synopsis Senator Dennis DeConcini by : Dennis DeConcini
Download or read book Senator Dennis DeConcini written by Dennis DeConcini and published by University of Arizona Press. This book was released on 2006 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The three-term Democratic Senator from Arizona presents a memoir of his tenure in the Congress, emphasizing his position as a centrist, which helped him engineer consensus on the Panama Canal Treaty of 1977. In addition to reflecting on his achievements while in the Senate, he also spends considerable time discussing the banking and political contribution scandal involving himself and the other "Keating Five."
Book Synopsis Originalism by : Steven G. Calabresi
Download or read book Originalism written by Steven G. Calabresi and published by Simon and Schuster. This book was released on 2007-08-21 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: What did the Constitution mean at the time it was adopted? How should we interpret today the words used by the Founding Fathers? In ORIGINALISM: A QUARTER-CENTURY OF DEBATE, these questions are explained and dissected by the very people who continue to shape the legal structure of our country.This is a lively and fascinating discussion of an issue that has occupied the greatest legal minds in America, and one that continues to elicit strong reactions from both those who support and those who oppose the rule of law. Steven G. Calabresi, co-founder of the Federalist Society and professor of law at Northwestern University School of Law, has compiled an impressive collection of speeches, panel discussions, and debates from some of the greatest and most prominent legal experts of the last twenty-five years.
Book Synopsis Originalism and the Good Constitution by : John O. McGinnis
Download or read book Originalism and the Good Constitution written by John O. McGinnis and published by Harvard University Press. This book was released on 2013-11-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.