Democracys Lawyer

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Democracy's Lawyer

Author : J. Roderick Heller
Publisher : LSU Press
ISBN 13 : 9780807137420
Total Pages : 384 pages
Book Rating : 4.1/5 (374 download)

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Book Synopsis Democracy's Lawyer by : J. Roderick Heller

Download or read book Democracy's Lawyer written by J. Roderick Heller and published by LSU Press. This book was released on 2010-06 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: A central political figure in the first post-Revolutionary generation, Felix Grundy (1775--1840) epitomized the "American democrat" who so famously fascinated Alexis de Tocqueville. Born and reared on the isolated frontier, Grundy rose largely by his own ability to become the Old Southwest's greatest criminal lawyer and one of the first radical political reformers in the fledgling United States. In Democracy's Lawyer, the first comprehensive biography of Grundy since 1940, J. Roderick Heller reveals how Grundy's life typifies the archetypal, post--founding fathers generation that forged America's culture and institutions. After his birth in Virginia, Grundy moved west at age five to the region that would become Kentucky, where he lost three brothers in Indian wars. He earned a law degree, joined the legislature, and quickly became Henry Clay's main rival. At age thirty-one, after rising to become chief justice of Kentucky, Grundy moved to Tennessee, where voters soon elected him to Congress. In Washington, Grundy proved so voracious a proponent of the War of 1812 that a popular slogan of the day blamed the war on "Madison, Grundy, and the Devil." A pivotal U.S. senator during the presidency of Andrew Jackson, Grundy also served as Martin Van Buren's attorney general and developed a close association with his law student and political protégé James K. Polk. Grundy championed the ideals of the American West, and as Heller demonstrates, his dominating belief -- equality in access to power -- motivated many of his political battles. Aristocratic federalism threatened the principles of the Revolution, Grundy asserted, and he opposed fetters on freedom of opportunity, whether from government or entrenched economic elites. Although widely known as a politician, Grundy achieved even greater fame as a criminal lawyer. Of the purported 185 murder defendants that he represented, only one was hanged. At a time when criminal trials served as popular entertainment, Grundy's mere appearance in a courtroom drew spectators from miles around, and his legal reputation soon spread nationwide. One nineteenth-century Nashvillian declared that Grundy "could stand on a street corner and talk the cobblestones into life." Shifting seamlessly within the worlds of law, entrepreneurship, and politics, Felix Grundy exemplified the questing, mobile society of early nineteenth-century America. With Democracy's Lawyer, Heller firmly establishes Grundy as a powerful player and personality in early American law and politics.

The Country Lawyer

Author : F. Lyman Windolph
Publisher : University of Pennsylvania Press
ISBN 13 : 1512808830
Total Pages : 168 pages
Book Rating : 4.5/5 (128 download)

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Book Synopsis The Country Lawyer by : F. Lyman Windolph

Download or read book The Country Lawyer written by F. Lyman Windolph and published by University of Pennsylvania Press. This book was released on 2016-11-11 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: These finely tempered reflections of a small city lawyer restate, in a graceful and informal manner, the true meaning of law and government to ordinary men. F. Lyman Windolph, for twenty-five years a prominent attorney in Lancaster, Pennsylvania, has handled almost every kind of legal case in his career, and through his close association with his clients he has gained an understanding of their lives and problems which, coupled with his wide legal knowledge, and alert sense of the social questions of the present, gives his essays a disarming and reassuring tone. Lawyers especially will enjoy his discussion of his experience with various cases and the more general topics of the value of the jury system, the difference between city and country trials, the ethics of defending guilty clients. But all will find the chapters on the meaning of democracy and liberalism and the indirect picture which the book gives of the day-by-day life in a small American community richly rewarding. In the last instance, two final essays—one on the Pennsylvania Dutch religious sects and "A Letter to My Father"—are particularly delightful. Several of the chapters have previously been published in the Atlantic Monthly and other magazines.

Law, Pragmatism, and Democracy

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 9780674042292
Total Pages : 428 pages
Book Rating : 4.0/5 (422 download)

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Book Synopsis Law, Pragmatism, and Democracy by : Richard A. Posner

Download or read book Law, Pragmatism, and Democracy written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

The Law of Democracy

Author : Samuel Issacharoff
Publisher : West Publishing Company
ISBN 13 :
Total Pages : 844 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Law of Democracy by : Samuel Issacharoff

Download or read book The Law of Democracy written by Samuel Issacharoff and published by West Publishing Company. This book was released on 1998 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: [The author's] examine an array of specific issues currently posing challenges to the practice of democratic politics in the United States: issues involving the individual right to vote, partisan and racial gerrymandering, the relationship of the state to political parties, campaign-finance reform, and the fair representation of minorities in democratic bodies.... If nothing else, [their] aim is to open the minds of readers to other ways of conceiving democratic institutions than those that are reflected in current arrangements. The wealth of issues makes it unlikely that any one-semester course will cover the entire book. -Pref.

Democracy, Race, and Justice

Author : Sadie T. M. Alexander
Publisher : Yale University Press
ISBN 13 : 0300246706
Total Pages : 320 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Democracy, Race, and Justice by : Sadie T. M. Alexander

Download or read book Democracy, Race, and Justice written by Sadie T. M. Alexander and published by Yale University Press. This book was released on 2021-06-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to bring together the key writings and speeches of civil rights activist Sadie Tanner Mossell Alexander--the first Black American economist In 1921, Sadie Tanner Mossell Alexander became the first Black American to gain a Ph.D. degree in economics. Unable to find employment as an economist because of discrimination, Alexander became a lawyer so that she could press for equal rights for African Americans. Although her historical significance has been relatively ignored, Alexander was a pioneering civil rights activist who used both the law and economic analysis to challenge racial inequities and deprivations. This volume--a recovery of Sadie Alexander's economic thought--provides a comprehensive account of her thought-provoking speeches and writings on the relationship between democracy, race, and justice. Nina Banks's introductions bring fresh insight into the events and ideologies that underpinned Alexander's outlook and activism. A brilliant intellectual, Alexander called for bold, redistributive policies that would ensure racial justice for Black Americans while also providing a foundation to safeguard democracy.

Democratic Governance and International Law

Author : Gregory H. Fox
Publisher : Cambridge University Press
ISBN 13 : 9780521667968
Total Pages : 604 pages
Book Rating : 4.6/5 (679 download)

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Book Synopsis Democratic Governance and International Law by : Gregory H. Fox

Download or read book Democratic Governance and International Law written by Gregory H. Fox and published by Cambridge University Press. This book was released on 2000-05-11 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART V CRITICAL APPROACHES.

Misreading Law, Misreading Democracy

Author : Victoria Nourse
Publisher : Harvard University Press
ISBN 13 : 0674974271
Total Pages : 208 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Misreading Law, Misreading Democracy by : Victoria Nourse

Download or read book Misreading Law, Misreading Democracy written by Victoria Nourse and published by Harvard University Press. This book was released on 2016-09-12 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Victoria Nourse argues that lawyers must be educated on the basic procedures that define how Congress operates today. Lawmaking creates winners and losers. If lawyers and judges do not understand this, they may embrace the meanings of those who opposed legislation, turning legislative losers into judicial winners and standing democracy on its head.

Stewards Of Democracy

Author : Paul Carrington
Publisher : Westview Press
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Stewards Of Democracy by : Paul Carrington

Download or read book Stewards Of Democracy written by Paul Carrington and published by Westview Press. This book was released on 1999-07-30 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that judges, lawyers, and law schools should emphasize experience and character over reason or arcane learning, to create a more democratic legal profession in tune with the public interest.

The Law of Democracy

Author : Samuel Issacharoff
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Law of Democracy by : Samuel Issacharoff

Download or read book The Law of Democracy written by Samuel Issacharoff and published by . This book was released on 2002 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Democracy and Distrust

Author : John Hart Ely
Publisher : Harvard University Press
ISBN 13 : 0674263294
Total Pages : 281 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Democracy and Distrust by : John Hart Ely

Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

The Law of Deliberative Democracy

Author : Ron Levy
Publisher : Routledge
ISBN 13 : 1134502060
Total Pages : 271 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis The Law of Deliberative Democracy by : Ron Levy

Download or read book The Law of Deliberative Democracy written by Ron Levy and published by Routledge. This book was released on 2016-11-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.

Democracy and Legal Change

Author : Melissa Schwartzberg
Publisher : Cambridge University Press
ISBN 13 : 1139464345
Total Pages : 211 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Democracy and Legal Change by : Melissa Schwartzberg

Download or read book Democracy and Legal Change written by Melissa Schwartzberg and published by Cambridge University Press. This book was released on 2007-04-09 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points.

The Judge in a Democracy

Author : Aharon Barak
Publisher : Princeton University Press
ISBN 13 : 1400827043
Total Pages : 355 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The Judge in a Democracy by : Aharon Barak

Download or read book The Judge in a Democracy written by Aharon Barak and published by Princeton University Press. This book was released on 2009-01-10 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.

Prosecutors and Democracy

Author : Máximo Langer
Publisher : Cambridge University Press
ISBN 13 : 1107187559
Total Pages : 361 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Prosecutors and Democracy by : Máximo Langer

Download or read book Prosecutors and Democracy written by Máximo Langer and published by Cambridge University Press. This book was released on 2017-10-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first sustained, scholarly examination of the relationship between prosecutors and democracy from a cross-national, cross-disciplinary perspective. Written by a team of internationally distingushed contributors, this is an ideal resource for legal scholars and reformers, political philosophers, and social scientists.

The Country Lawyer

Author : Windolph Francis Lyman
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (459 download)

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Book Synopsis The Country Lawyer by : Windolph Francis Lyman

Download or read book The Country Lawyer written by Windolph Francis Lyman and published by . This book was released on 1938 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Democracy, Legal Structure of the Political Process

Author : Samuel Issacharoff
Publisher : Foundation Press
ISBN 13 : 9781684677900
Total Pages : 0 pages
Book Rating : 4.6/5 (779 download)

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Book Synopsis The Law of Democracy, Legal Structure of the Political Process by : Samuel Issacharoff

Download or read book The Law of Democracy, Legal Structure of the Political Process written by Samuel Issacharoff and published by Foundation Press. This book was released on 2022-08-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book created the field of the law of democracy, offering a systematic account of the legal construction of American democracy. This edition represents a significant revision that reflects the embattled state of democracy in the U.S. and abroad. With the addition of Franita Tolson as well as Nathaniel Persily to the prior edition, the book now turns to a changed legal environment following the radical reconfiguration of the Voting Rights Act, the rise of social media and circumvention of the formal channels of campaign finance, and the increased fragmentation of political parties. Strikingly, in the current political environment the right to register and vote passes from being a largely historical inquiry to a source of front-burner legal challenge. This edition further streamlines the coverage of the Voting Rights Act, expands the scope of coverage of campaign finance and political corruption issues, and turns to the new dispute over voter access to the ballot. The section on election litigation and remedies has been expanded to address the expanded range of legal challenges to election results. For the first time, this book isolates the distinct problems of presidential elections, ranging from the conflict over federal and state law in Bush v. Gore, to the distinct challenges to the 2020 presidential elections, to the renewed focus on the Electoral Count Act. The basic structure of the book continues to follow the historical development of the individual right to vote; current struggles over gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.

The Democratic Rule of Law on Trial

Author : Sonja Grover
Publisher : Routledge
ISBN 13 : 1000599728
Total Pages : 186 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis The Democratic Rule of Law on Trial by : Sonja Grover

Download or read book The Democratic Rule of Law on Trial written by Sonja Grover and published by Routledge. This book was released on 2022-06-23 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines selected high-profile U.S. First Amendment cases occurring during the Trump era as a vehicle for exploring a possible fundamental commonality in understanding the democratic rule of law globally. In each of these cases, the adjudicating body’s analytical legal strategy is discussed in terms of how it reinforces or detracts from the democratic rule of law. It was and continues to be highly internationally anticipated as to what legal examples are being set by this established democracy when confronted by legal contests between the former Trump administration and those alleging their rights were somehow violated by the executive of that time. Thus, the book is instructive for an international audience on the essential role of the courts in protecting democracy through providing, where supported by the law and the facts, a remedy for the aggrieved comparatively powerless. The book will be essential reading for academics and researchers working in the areas of constitutional law, politics and human rights.