In the Opinion of the Court

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Publisher : University of Illinois Press
ISBN 13 : 9780252065569
Total Pages : 204 pages
Book Rating : 4.0/5 (655 download)

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Book Synopsis In the Opinion of the Court by : William Domnarski

Download or read book In the Opinion of the Court written by William Domnarski and published by University of Illinois Press. This book was released on 1996 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.

Concurring Opinion Writing on the U.S. Supreme Court

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Publisher : State University of New York Press
ISBN 13 : 143843068X
Total Pages : 163 pages
Book Rating : 4.4/5 (384 download)

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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.

I Dissent

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Author :
Publisher : Beacon Press
ISBN 13 : 9780807000366
Total Pages : 260 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis I Dissent by : Mark Tushnet

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.

Creating the Law

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Publisher : Routledge
ISBN 13 : 0429867867
Total Pages : 194 pages
Book Rating : 4.4/5 (298 download)

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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.

In the Opinion of the Court

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Publisher :
ISBN 13 : 9780252022579
Total Pages : 183 pages
Book Rating : 4.0/5 (225 download)

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Book Synopsis In the Opinion of the Court by : William Domnarski

Download or read book In the Opinion of the Court written by William Domnarski and published by . This book was released on 1996 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.

The Supreme Court Opinions of Clarence Thomas, 1991-2011, 2d ed.

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Author :
Publisher : McFarland
ISBN 13 : 0786489758
Total Pages : 238 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Supreme Court Opinions of Clarence Thomas, 1991-2011, 2d ed. by : Henry Mark Holzer

Download or read book The Supreme Court Opinions of Clarence Thomas, 1991-2011, 2d ed. written by Henry Mark Holzer and published by McFarland. This book was released on 2012-01-09 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his twenty terms as an associate justice of the Supreme Court of the United States, Clarence Thomas has written nearly 450 opinions. Although they are readily available to the American people, much of the public continues to base its view of Thomas merely on the reporting by the media. This analysis of Thomas's most important majority, concurring, and dissenting opinions offers laypersons and legal professionals alike the opportunity to understand in his own words Thomas's approach to constitutional decision-making and his understanding of the most important provisions of the Constitution. Thomas's opinions, this work shows, reveal his consistent adherence to the core principles of federalism, separation of powers, and restrained judicial review, and to the regard for individual rights and limited government embodied by the Founders in the Constitution.

Public Opinion and the Rehnquist Court

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Publisher : State University of New York Press
ISBN 13 : 0791478815
Total Pages : 284 pages
Book Rating : 4.7/5 (914 download)

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Book Synopsis Public Opinion and the Rehnquist Court by : Thomas R. Marshall

Download or read book Public Opinion and the Rehnquist Court written by Thomas R. Marshall and published by State University of New York Press. This book was released on 2009-01-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the complex relationship between American public opinion and the U.S. Supreme Court.

Understanding Supreme Court Opinions

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Publisher : Routledge
ISBN 13 : 1317342763
Total Pages : 211 pages
Book Rating : 4.3/5 (173 download)

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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 211 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.

Reports of Cases Argued and Adjudged in the Supreme Court of the United States

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Publisher :
ISBN 13 :
Total Pages : 874 pages
Book Rating : 4.:/5 (4 download)

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Book Synopsis Reports of Cases Argued and Adjudged in the Supreme Court of the United States by : United States. Supreme Court

Download or read book Reports of Cases Argued and Adjudged in the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 1993 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt:

In the Court of Public Opinion

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Publisher :
ISBN 13 :
Total Pages : 472 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis In the Court of Public Opinion by : Alger Hiss

Download or read book In the Court of Public Opinion written by Alger Hiss and published by . This book was released on 1972 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:

US Supreme Court Opinions and their Audiences

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Publisher : Cambridge University Press
ISBN 13 : 1316682056
Total Pages : 197 pages
Book Rating : 4.3/5 (166 download)

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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.

Dissent and the Supreme Court

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Publisher : Vintage
ISBN 13 : 030774132X
Total Pages : 546 pages
Book Rating : 4.3/5 (77 download)

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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 2017-01-10 with total page 546 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.

In the Court of Public Opinion

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590319857
Total Pages : 356 pages
Book Rating : 4.3/5 (198 download)

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Book Synopsis In the Court of Public Opinion by : James F. Haggerty

Download or read book In the Court of Public Opinion written by James F. Haggerty and published by American Bar Association. This book was released on 2009 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is your essential guide to understanding how public relations during lawsuits should be handled with the same seriousness and care as any other aspect of the case. Whether you're a lawyer at an outside law firm, corporate counsel, a publicist, a business executive or a senior communications professional, you need a system for managing communications during litigation, to ensure that you win this critical battle.

The Oxford Guide to United States Supreme Court Decisions

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Publisher : Oxford University Press
ISBN 13 : 0190452242
Total Pages : pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis The Oxford Guide to United States Supreme Court Decisions by : Kermit Hall

Download or read book The Oxford Guide to United States Supreme Court Decisions written by Kermit Hall and published by Oxford University Press. This book was released on 2009-03-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court has been the site of some of the great debates of American history, from child labor and prayer in the schools, to busing and abortion. The Oxford Guide to United States Supreme Court Decisions offers lively and insightful accounts of the most important cases ever argued before the Court, from Marbury v. Madison and Scott v. Sandford (the Dred Scott decision) to Brown v. Board of Education and Roe v. Wade. This new edition of the Guide contains more than 450 entries on major Supreme Court cases, including 53 new entries on the latest landmark rulings. Among the new entries are Bush v. Gore, Nixon v. United States, Gonzales v. Planned Parenthood Federation of America, and Rumsfeld v. Forum for Academic and Institutional Rights. Four decisions (Hamdi v. Bush, Hamdan v. Rumsfeld, Rasu v. Bush, and Rumsfeld v. Padilla) are considered in a single essay entitled "Enemy Combatant Cases." Arranged alphabetically and written by eminent legal scholars, each entry provides the United States Reports citation, the date the case was argued and decided, the vote of the Justices, who wrote the opinion for the Court, who concurred, and who dissented. More important, the entries feature an informative account of the particulars of the case, the legal and social background, the reasoning behind the Courts decision, and the cases impact on American society. For this edition, Ely has added an extensive Further Reading section and revised the Case Index and Topical Index. For anyone interested in the great controversies of our time, this invaluable book is a must reada primer on the epic constitutional battles that have informed American life.

The Will of the People

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Publisher : Farrar, Straus and Giroux
ISBN 13 : 1429989955
Total Pages : 623 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis The Will of the People by : Barry Friedman

Download or read book The Will of the People written by Barry Friedman and published by Farrar, Straus and Giroux. This book was released on 2009-09-29 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.

Decision

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Publisher : Oxford University Press, USA
ISBN 13 : 0195118006
Total Pages : 290 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Decision by : Bernard Schwartz

Download or read book Decision written by Bernard Schwartz and published by Oxford University Press, USA. This book was released on 1997-10-30 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the Supreme Court's decision making process, based on documentary sources and interviews with justices and law clerks. Provides insight into some of the most important cases to come before the court and includes portraits of many of the justices in action.

Oral Arguments and Decision Making on the United States Supreme Court

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Author :
Publisher : SUNY Press
ISBN 13 : 9780791461037
Total Pages : 200 pages
Book Rating : 4.4/5 (61 download)

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Book Synopsis Oral Arguments and Decision Making on the United States Supreme Court by : Timothy R. Johnson

Download or read book Oral Arguments and Decision Making on the United States Supreme Court written by Timothy R. Johnson and published by SUNY Press. This book was released on 2004-07-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: How oral arguments influence the decisions of Supreme Court justices.