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Concurring Opinion Writing On The Supreme Court
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Book Synopsis Concurring Opinion Writing on the U.S. Supreme Court by : Pamela C. Corley
Download or read book Concurring Opinion Writing on the U.S. Supreme Court written by Pamela C. Corley and published by State University of New York Press. This book was released on 2010-03-24 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of concurrent opinion writing by Supreme Court justices.
Book Synopsis Concurring Opinion Writing on the Supreme Court by : Pamela C. Corley
Download or read book Concurring Opinion Writing on the Supreme Court written by Pamela C. Corley and published by . This book was released on 2005 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Opinion Writing by : Ruggero J. Aldisert
Download or read book Opinion Writing written by Ruggero J. Aldisert and published by AuthorHouse. This book was released on 2009 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on real life experiences where the possibility of the living being able to communicate with the deceased is investigated. The belief in reincarnation and life after death raises a tantalising question: Can the living communicate with the dead? Most churchmen and scientists are sceptical, but many people, including churchmen and scientists, believe such a thing is possible. The belief in the immortal soul is a dogma of Christianity (resurrection), Hinduism (reincarnation or samsara), Islam (Day of Judgement), Judaism (sheol), and the Shona (NyikaDzimu). Moreover, man has been familiar with the concept of life after death since time immemorial. Immortality has been rejected by those who feel its only basis is wishful thinking that when the body dies, the personality dies with it because it is part of the physical body. Believers can cite the resurrection of Jesus, and maintain that since life on earth is not completely fulfilled an afterlife is necessary for completion. Another argument in favour of an afterlife is that since matter and energy may be transformed but not destroyed, neither can personality, which exists just as do the elements in nature, be destroyed. In many of the ancient societies, including Egypt and Greece, dreaming was considered a supernatural communication or a means of divine intervention, whose message could be unravelled by those with certain powers. In modern times, various schools of psychology have offered theories about the meaning of dreams. In Communication with the Deceased is meant to serve only as a basis for reflection in order for the reader to examine all the clues and then derive further meaning from specific circumstances of his/her own dreams. To be able to interpret a dream, one does not need to have an academic degree in psychology. What is important is to use one's instinct and common sense. Try to develop your own personal insights into what the common symbols in your dreams mean. When it comes to dream symbols, there are no equivocally universal rules or meanings. Dreams dictionaries help by providing hints at the meaning of symbols that appear in one's dreams. This book is of value to those studying psychology and those participating
Book Synopsis Creating the Law by : Michael K. Romano
Download or read book Creating the Law written by Michael K. Romano and published by Routledge. This book was released on 2019-08-30 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written opinions are the primary means by which judges communicate with external actors. These sentiments include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize duelling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity. This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision-making in the judiciary more specifically.
Download or read book I Dissent written by Mark Tushnet and published by Beacon Press. This book was released on 2008-06-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.
Book Synopsis Dissent and the Supreme Court by : Melvin I. Urofsky
Download or read book Dissent and the Supreme Court written by Melvin I. Urofsky and published by Vintage. This book was released on 2015-10-13 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Book Synopsis Motivations for the Use of Concurring Opinions on the U.S. Supreme Court by : Kathleen H. Winters
Download or read book Motivations for the Use of Concurring Opinions on the U.S. Supreme Court written by Kathleen H. Winters and published by . This book was released on 2011 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: While some behavior on the United States Supreme Court is formally required, other choices are wholly up to the discretion of each individual justice. One such discretional choice is the choice to author a concurring opinion, which agrees with the outcome of a case but add to, subtract from, or emphasize a point within the legal doctrine provided by the majority opinion. Thus, choices about concurring opinions provide a valuable opportunity for examining judicial motivations. This dissertation examines justices' motives for both whether and when they circulate a concurrence to their colleagues, as well as whether they choose to publish it along with the Court's opinion. The hypotheses are derived from two types of motivations - individual and collective. Tests of these hypotheses were conducted using data from the 1970 through 1979 Court terms, collected primarily from the personal papers of Justices Harry Blackmun and William Brennan. I use a split population event history model to test hypotheses about whether and when a justice first circulates a concurring opinion. I then use a logistic regression model to test hypotheses about whether a justice chooses to withdraw a written concurrence; this analysis is, of course, dependent upon the justice already having written a concurring opinion. In both sets of analyses I find that Supreme Court justices are motivated not only by their individual preferences about legal policy, but also by individual non-policy preferences, such as workload, and collective preferences about the institutional status of the Court, such as maintaining the Court's legitimacy.
Download or read book Scalia Dissents written by Antonin Scalia and published by Simon and Schuster. This book was released on 2012-04-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissentscontains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.
Book Synopsis Understanding Supreme Court Opinions by : T.R. van Geel
Download or read book Understanding Supreme Court Opinions written by T.R. van Geel and published by Routledge. This book was released on 2015-09-25 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an introduction to the legal reasoning and the modes of persuasion and justification used by Supreme Court justices in the United States, as well as others engaged in constitutional adjudication. It is designed to be used as a supplement to a constitutional law casebook.
Book Synopsis US Supreme Court Opinions and their Audiences by : Ryan C. Black
Download or read book US Supreme Court Opinions and their Audiences written by Ryan C. Black and published by Cambridge University Press. This book was released on 2016-04-07 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study specifically to investigate the extent to which US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences. The authors examine this dynamic by creating a unique measure of opinion clarity and then testing whether the Court writes clearer opinions when it faces ideologically hostile and ideologically scattered lower federal courts; when it decides cases involving poorly performing federal agencies; when it decides cases involving states with less professionalized legislatures and governors; and when it rules against public opinion. The data shows the Court writes clearer opinions in every one of these contexts, and demonstrates that actors are more likely to comply with clearer Court opinions.
Book Synopsis Understanding Supreme Court Opinions by : Tyll Van Geel
Download or read book Understanding Supreme Court Opinions written by Tyll Van Geel and published by Longman Publishing Group. This book was released on 2002 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a supplemental textbook for an undergraduate course in constitutional law, Van Geel (political science, U.of Rochester) introduces the legal reasoning and the modes of persuasion and justification used by US Supreme Court justices and others engaged in constitutional adjudication. He expects it t
Author :Joseph Goldstein Sterling Professor of Law Yale University Law School Publisher :Oxford University Press, USA ISBN 13 :0198023731 Total Pages :225 pages Book Rating :4.1/5 (98 download)
Book Synopsis The Intelligible Constitution : The Supreme Court's Obligation to Maintain the Constitution as Something We the People Can Understand by : Joseph Goldstein Sterling Professor of Law Yale University Law School
Download or read book The Intelligible Constitution : The Supreme Court's Obligation to Maintain the Constitution as Something We the People Can Understand written by Joseph Goldstein Sterling Professor of Law Yale University Law School and published by Oxford University Press, USA. This book was released on 1992-05-28 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Webster v. Reproductive Health Services, a critical abortion rights case, a bitterly divided Supreme Court produced no less than six different opinions. Writing for the plurality, Chief Justice Rehnquist attacked the trimester framework established in Roe v. Wade because it was "not found in the text of the Constitution or in any place else one would expect to find a constitutional principle." This approach, writes legal authority Joseph Goldstein, confuses constitutional principles (in this case, the right to privacy) with the means to protect them (here, the trimester system). As a result, the Court left the public bewildered about the constitutional scope of a woman's right to reproductive choice--failing in its duty to speak clearly to the American public about the Constitution. In The Intelligible Constitution, Goldstein makes a compelling argument that, in a democracy based upon informed consent, the Supreme Court has an obligation to communicate clearly and candidly to We the People when it interprets the Constitution. After a fascinating discussion of the language of the Constitution and Supreme Court opinions (including the analysis of Webster), he presents a series of opinion studies in important cases, focusing not on ideology but on the Justices' clarity of thought and expression. Using the two Brown v. Board of Education cases, Cooper v. Aaron, Regents of the University of California v. Bakke, and others as his examples, Goldstein demonstrates the pitfalls to which the Court has succumbed in the past: Writing deliberately ambiguous decisions to win the votes of colleagues, challenging each others' opinions in private but not in public, and not speaking honestly when the writer knows a concurring Justice misunderstands the opinion which he or she is supporting. Even some landmark decisions, he writes, have featured seriously flawed opinions--preventing We the People from understanding why the Justices reasoned as they did, and why they disagreed with each other. He goes on to suggest five "canons of comprehensibility" for Supreme Court opinions, to ensure that the Justices explain themselves clearly, honestly, and unambiguously, so that all the various opinions in each case would constitute a comprehensible message about their accord and discord in interpreting the Constitution. Both a fascinating look at how the Court shapes its opinions and a clarion call to action, this book provides an important addition to our understanding of how to maintain the Constitution as a living document, by and for the People, in its third century.
Book Synopsis The Supreme Court Sourcebook by : Richard H. Seamon
Download or read book The Supreme Court Sourcebook written by Richard H. Seamon and published by Aspen Publishing. This book was released on 2013-05-14 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court Sourcebook provides carefully selected, edited, and analyzed materials on the Court, including academic literature, historical materials, internal court documents, Court filings, and judicial opinions. The flexible organization suits a variety of courses. An online component keeps the book current and interesting, with ready-to-use materials in pending cases for advocacy and opinion-writing simulations. The combined package gives professors a turnkey solution for teaching a theoretical course (examination of the Supreme Court as an institution), a hands-on course (simulations of oral argument and opinion writing in pending cases), or any custom combination in between. All of the authors have significant Supreme Court experience: Seamon served with now Chief Justice John Roberts in the Office of the U.S. Solicitor General, representing the U.S. in cases before the Court; Siegel clerked for Justice John Paul Stevens; Thai clerked for Justice John Paul Stevens and Justice Byron R. White; and Watts clerked for Justice John Paul Stevens. Features: carefully selected, edited, and analyzed materials academic literature historical materials judicial opinions litigation papers internal court documents online component keeps the book current and interesting supplies ready-to-use packages of materials uses pending cases for advocacy and opinion-writing simulations flexible organization provides a turnkey solution for a variety of courses a theoretical course (examination of the Supreme Court as an institution) a hands-on course (simulations of oral argument and opinion writing in pending cases) any custom combination vast author experience working for and appearing before the Supreme Court Seamon served with now Chief Justice John Roberts in the Office of the U.S. Solicitor General, representing the U.S. in cases before the Court Siegel clerked for Justice John Paul Stevens Thai clerked for Justice John Paul Stevens and Justice Byron R. White Watts clerked for Justice John Paul Stevens
Book Synopsis The Conscientious Justice by : Ryan C. Black
Download or read book The Conscientious Justice written by Ryan C. Black and published by Cambridge University Press. This book was released on 2019-11-21 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reveals how Supreme Court justices' personalities, particularly conscientiousness, influence the Law, the High Court, and the Constitution.
Book Synopsis Making Your Case by : Antonin Scalia
Download or read book Making Your Case written by Antonin Scalia and published by West Publishing Company. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.
Book Synopsis The U. S. Supreme Court: a Very Short Introduction by : Linda Greenhouse
Download or read book The U. S. Supreme Court: a Very Short Introduction written by Linda Greenhouse and published by Oxford University Press. This book was released on 2023 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The U.S. Supreme Court: A Very Short Introduction draws on the Court's history and its written and unwritten rules to show how it operates in the twenty-first century. Today's Supreme Court, housed in a majestic building on Capitol Hill, bears little resemblance to the institution launched by the Framers of the Constitution and was originally seen as the weakest of the three branches of government. Over the next 200 years, the Court put the independence the Framers gave it to use and now largely defines itself, exercising so much power over how Americans live that some have begun to question whether the Court has gone too far. How do cases reach the Supreme Court? What features have other courts around the world taken from the Supreme Court, and what have they left?"--
Book Synopsis The Conscience of the Court by : William J. Brennan
Download or read book The Conscience of the Court written by William J. Brennan and published by SIU Press. This book was released on 1999 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Conscience of the Court celebrates the work of Justice William J. Brennan Jr., who served on the United States Supreme Court for thirty-four years (1956-1990). Stephen L. Sepinuck and Mary Pat Treuthart introduce and present selected judicial opinions written by Justice Brennan on issues involving personal freedom, civil liberties, and equality. Brennan is ranked by many as the best writer ever to have served on the Supreme Court, and his written opinions depict real people, often in desperate, emotional situations. Remarkable for their clarity of analysis, for their eloquence, and for their forcefulness and persuasiveness, his opinions demonstrate that judicial thought need not be a proprietary enclave of lawyers or the intellectual elite. The extended excerpts selected by Sepinuck and Treuthart highlight Brennan's approach to judicial decision making. Concerned always with how each decision would actually affect people's lives, Brennan possessed a rare quality of empathy. In Brennan, the editors note, "people and groups who lacked influence in society -- Communists and flag burners, children and foreigners, criminal defendants and racial minorities" -- found a champion they could count on "to listen to their causes and judge them unmoved by the passions of the politically powerful". This book is divided into four chapters dealing with freedom of expression, religious liberties and guarantees, the individual versus the state, and protections of equality. Within each chapter, the excerpted cases are presented chronologically. The editors selected more dissenting and concurring opinions than majority opinions because, they reason, a justice writing a dissent or concurrence isfreer to express personal views than one writing for the majority who may feel compelled to include or exclude certain statements in order to hold a fragile coalition together. Each opinion has been edited to focus on the constitutional question at issue while still preserving Brennan's style of expression and process of reasoning. In their introduction to each opinion, the editors provide background facts, discuss how the excerpted opinion transformed the law or otherwise fit into the realm of constitutional jurisprudence, and delve into Justice Brennan's judicial philosophy, his method of constitutional interpretation, and the language he used.
