Judicial Enigma

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Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 316 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Judicial Enigma by : Tinsley E. Yarbrough

Download or read book Judicial Enigma written by Tinsley E. Yarbrough and published by Oxford University Press, USA. This book was released on 1995 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the decades that followed Reconstruction, the Supreme Court struck down civil rights legislation, validated Jim Crow laws, and stopped the government from regulating big business in almost any form. One justice, however, stood against the conservative trend: John Marshall Harlan. His advocacy of a color-blind Constitution in his powerful dissents established a rich legacy that was validated decades later by the Warren Court. But behind the legal opinions, the great dissenter was a complex, enigmatic, even contradictory man. In Judicial Enigma, Tinsley E. Yarbrough offers the most complete portrait we have ever had of this critical figure. He follows Harlan from antebellum Kentucky, when he was an outspoken Whig and Unionist, through his exploits as a colonel in the Civil War, to his political career before his appointment to the Court in 1877. Harlan's early life presents a fascinating contrast to his later stands on civil rights. Yarbrough shows, for example, that Harlan maintained a wary relationship with his black half-brother Robert (who rose to wealth during the California gold rush and to influence as a prominent Ohio Republican). The future justice also spouted openly racist language as he campaigned in postwar Kentucky--reflecting views he never entirely discarded. Even in later life, the man who became the Court's greatest moral force was not above using his position to escape his many creditors; he also did nothing to save his alcoholic, opium-addicted brother James from dying in a Kentucky almshouse. Yet moral force he was, and Yarbrough deftly explores his astonishing record as he dissented against a roster of decisions that are now considered a roll-call of error and injustice: Plessy vs. Ferguson (validating Jim Crow laws), Lochner vs. New York (overturning a law limiting working hours), the Sugar Trust Case (gutting the Sherman Antitrust Act), and many more. And yet, even here Harlan remained an enigma; as Yarbrough shows, he sometimes contradicted the same sentiments that have since sanctified his memory. In biographies of Justice Hugo Black, Judge Frank Johnson, J. Waties Waring, and John Marshall Harlan's grandson, the second Justice Harlan, Yarbrough has shown himself to be a gifted chronicler of the great figures of American law. In this volume, he offers the most insightful account of the man still remembered as the great dissenter.

The Enigma of Clarence Thomas

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Publisher : Metropolitan Books
ISBN 13 : 1627793844
Total Pages : 288 pages
Book Rating : 4.6/5 (277 download)

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Book Synopsis The Enigma of Clarence Thomas by : Corey Robin

Download or read book The Enigma of Clarence Thomas written by Corey Robin and published by Metropolitan Books. This book was released on 2019-09-24 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Enigma of Clarence Thomas is a groundbreaking revisionist take on the Supreme Court justice everyone knows about but no one knows. Most people can tell you two things about Clarence Thomas: Anita Hill accused him of sexual harassment, and he almost never speaks from the bench. Here are some things they don’t know: Thomas is a black nationalist. In college he memorized the speeches of Malcolm X. He believes white people are incurably racist. In the first examination of its kind, Corey Robin – one of the foremost analysts of the right – delves deeply into both Thomas’s biography and his jurisprudence, masterfully reading his Supreme Court opinions against the backdrop of his autobiographical and political writings and speeches. The hidden source of Thomas’s conservative views, Robin shows, is a profound skepticism that racism can be overcome. Thomas is convinced that any government action on behalf of African-Americans will be tainted by racism; the most African-Americans can hope for is that white people will get out of their way. There’s a reason, Robin concludes, why liberals often complain that Thomas doesn’t speak but seldom pay attention when he does. Were they to listen, they’d hear a racial pessimism that often sounds similar to their own. Cutting across the ideological spectrum, this unacknowledged consensus about the impossibility of progress is key to understanding today’s political stalemate.

The Enigma of Felix Frankfurter

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Publisher : Quid Pro Books
ISBN 13 : 1610272463
Total Pages : 263 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis The Enigma of Felix Frankfurter by : H. N. Hirsch

Download or read book The Enigma of Felix Frankfurter written by H. N. Hirsch and published by Quid Pro Books. This book was released on 2014-07-06 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: A recognized, fascinating, and much-cited classic of judicial biography and Supreme Court insight is now available in a quality ebook edition—featuring active contents, linked notes, proper formatting, and a fully-linked Index. Felix Frankfurter was perhaps the most influential jurist of the 20th century—and one of the most complex men ever to sit on the U.S. Supreme Court. Mysteries and apparent contradictions abound. A vibrant and charming friend to many, why are his diaries so full of vitriol against judicial colleagues, especially Douglas and Black? An active Zionist, why did he so zealously enjoy the company of Boston Brahmins, whose snobbery he detested? Most puzzling of all: why did someone known before his appointment to the Court as a civil libertarian—even a radical—become our most famous and persistent advocate for austere judicial restraint? In answering these and other questions, this pathbreaking biography of Frankfurter explores the personality of the man as a key to understanding the Justice. Harry Hirsch sees in Frankfurter's fascinating and complex persona a clue to the biggest mystery of all: the contrast between the brilliant and ambitious young immigrant rising by his intellect and charm to leadership in U.S. academic and political life; and the judge, equally brilliant, but increasingly isolated, embittered, and ineffective. "Hirsch's well-written book ... dispels the contradictory image that has long mystified students of Felix Frankfurter. His portrait is unvarnished, yet scrupulously fair. Revealed is a consummate manipulator of public men and policy. No future biographer can safely ignore the brilliant biographical work." — Alpheus Thomas Mason, Princeton University "Hirsch's carefully constructed and supported psychological analysis of Justice Frankfurter gives us an exciting look at the inner workings of the Supreme Court." — Martin Shapiro, University of California, Berkeley A new addition to the Legal History & Biography Series from Quid Pro Books. This is an authorized and unabridged digital republication of the acclaimed book first published by Basic Books.

The Great Dissenter

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Publisher : Simon and Schuster
ISBN 13 : 1501188216
Total Pages : 624 pages
Book Rating : 4.5/5 (11 download)

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Book Synopsis The Great Dissenter by : Peter S. Canellos

Download or read book The Great Dissenter written by Peter S. Canellos and published by Simon and Schuster. This book was released on 2022-06-28 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --

Strange Justice

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Publisher : Graymalkin Media
ISBN 13 : 163168163X
Total Pages : 358 pages
Book Rating : 4.6/5 (316 download)

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Book Synopsis Strange Justice by : Jane Mayer

Download or read book Strange Justice written by Jane Mayer and published by Graymalkin Media. This book was released on 2018-05-09 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now a New York Times Best Seller and a National Book Award finalist. Charged with racial, sexual, and political overtones, the confirmation of Clarence Thomas as a Supreme Court justice was one of the most divisive spectacles the country has ever seen. Anita Hill’s accusation of sexual harassment by Thomas, and the attacks on her that were part of his high-placed supporters’ rebuttal, both shocked the nation and split it into two camps. One believed Hill was lying, the other believed that the man who ultimately took his place on the Supreme Court had committed perjury. In this brilliant, often shocking book, Jane Mayer and Jill Abramson, two of the nation’s top investigative journalists examine all aspects of this controversial case. They interview witnesses that the Judiciary Committee chose not to call, and present documents never before made public. They detail the personal and professional pasts of both Clarence Thomas and Anita Hill and lay bare a campaign of lobbying, public relations, and character assassination fueled by conservative power at its most desperate. A gripping high-stakes drama, Strange Justice is not only a definitive account of the Clarence Thomas nomination hearings, but is also a classic casebook of how the Washington game is played by those for whom winning is everything.

The Supreme Court

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Publisher : Macmillan
ISBN 13 : 0805081828
Total Pages : 288 pages
Book Rating : 4.8/5 (5 download)

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Book Synopsis The Supreme Court by : Jeffrey Rosen

Download or read book The Supreme Court written by Jeffrey Rosen and published by Macmillan. This book was released on 2007-01-09 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a compelling and character-driven narrative, the noted Supreme Court expert Jeffrey Rosen recounts the history of the Court through four personal and philosophical rivalries that have transformed the law - and, by extension, our daily lives. Focusing on the remarkable clashes of eight larger-than-life personalities who dominated the Court-Chief Justice John Marshall and President Thomas Jefferson; post-Civil War justices John Marshall Harlan and Oliver Wendell Holmes; liberal icons Hugo Black and William O. Douglas; and conservative icons William H. Rehnquist and Antonin Scalia-Rosen brings vividly to life the perennial rivalry between those justices guided by strong ideology and those who forge coalitions and adjust to new realities. The narrative concludes with a revealing conversation with Chief Justice John Roberts, who explains his own attempt to transform the culture of the Court in unexpected ways. The stakes, Rosen shows, are nothing less than the future of American jurisprudence. Book jacket.

The Enigma of a Violent Woman

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Publisher : Routledge
ISBN 13 : 1317033965
Total Pages : 148 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Enigma of a Violent Woman by : Jennifer M. Kilty

Download or read book The Enigma of a Violent Woman written by Jennifer M. Kilty and published by Routledge. This book was released on 2016-04-14 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karla Homolka has proven to be a figure of enduring interest to the public and media for the last 20 years. However, despite the widespread Canadian and international public commentary and media frenzy that has encircled this case, Homolka herself remains an enigma to most who write about her. In contrast to much of the contemporary discussion on this case, this book offers a comprehensive and detailed examination of the legal, public and media understandings and explanations of Homolka’s criminality. Drawing from multiple fields of study and varied bodies of critical literature, the book uses Homolka as an object lesson to interrogate some of the narratives and conceptualizations of ‘violent women’, the problematic normative constructions of womanhood and ‘acceptable femininity’, leniency in sentencing, taboo and disgust, and questions of remorse. The authors address broad questions about how women convicted of violence are typically constructed across four sites: the courts; the academy; the mainstream media; and public discourse. This unique text is extremely important for feminist criminology and socio-legal studies, offering the first comprehensive academic effort to engage in dialogue about this important and fascinating case.

How Rights Went Wrong

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Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Understanding Clarence Thomas

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Publisher : University Press of Kansas
ISBN 13 : 0700619488
Total Pages : 304 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Understanding Clarence Thomas by : Ralph A. Rossum

Download or read book Understanding Clarence Thomas written by Ralph A. Rossum and published by University Press of Kansas. This book was released on 2014-02-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though Clarence Thomas has been a Supreme Court Justice for nearly 25 years and has written close to five hundred opinions, legal scholars and pundits have given him short shrift, often, in fact, dismissing him as a narrow partisan, a silent presence on the bench, an enemy of his race, a tool of Antonin Scalia. And yet, as this book makes clear, few justices of the Supreme Court have developed as clear and consistent a constitutional jurisprudence as Thomas. Also little known but apparent in Ralph A. Rossum's detailed assessment of the justice's jurisprudence is how profound Thomas's impact has been in certain areas of constitutional law—not only on the bench but also even among some of his erstwhile disparaging critics. During his years on the Court, Thomas has pursued an original general meaning approach to constitutional interpretation; he has been unswayed by claims of precedent—by the gradual build-up of interpretations that, to his mind, come to distort the original meaning of the constitutional provision in question, leading to muddled decisions and contradictory conclusions. In a close reading of Thomas's hundreds of well-crafted, extensively researched, and passionately argued majority, concurring, and dissenting opinions, Rossum explores how the justice applies this original meaning approach to questions of constitutional structure as they relate to federalism; substantive rights found in the First Amendment's religion and free speech and press clauses, the Second Amendment's right to keep and bear arms, the Fifth Amendment's restrictions on the taking of private property, and the Fourteenth Amendment regarding abortion rights; and various criminal procedural provisions found in the Ex Post Facto Clauses and the Bill of Rights. Thomas grounds his original general meaning approach in the Declaration of Independence and its "self evident" truth that "all men are created equal"; that truth, he insists, "preced[es] and underl[ies] the Constitution." Understanding Clarence Thomas traces the many consequences that, for Thomas, flow from the centrality of that "self evident" truth, and how these shape his opinions in cases concerning desegregation, racial preference, and voting rights. The most thorough explication ever given of the jurisprudence of this prolific but little-understood justice, this work offers a unique opportunity to grasp not just the meaning of Clarence Thomas's opinions but their significance for the Supreme Court and constitutional interpretation in our day.

Legal Emblems and the Art of Law

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Publisher : Cambridge University Press
ISBN 13 : 1107035996
Total Pages : 313 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Legal Emblems and the Art of Law by : Peter Goodrich

Download or read book Legal Emblems and the Art of Law written by Peter Goodrich and published by Cambridge University Press. This book was released on 2014 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed.

Challenged Justice: In Pursuit of Judicial Independence

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Publisher : BRILL
ISBN 13 : 9004421556
Total Pages : 588 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Challenged Justice: In Pursuit of Judicial Independence by : Shimon Shetreet

Download or read book Challenged Justice: In Pursuit of Judicial Independence written by Shimon Shetreet and published by BRILL. This book was released on 2021-08-24 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.

Nomination of Judge Clarence Thomas to be Associate Justice of the Supreme Court of the United States

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Publisher :
ISBN 13 :
Total Pages : 1156 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Nomination of Judge Clarence Thomas to be Associate Justice of the Supreme Court of the United States by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Nomination of Judge Clarence Thomas to be Associate Justice of the Supreme Court of the United States written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1993 with total page 1156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sept. 10 - Oct. 13, 1991.

The Spirit of the Constitution

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Publisher : Oxford University Press
ISBN 13 : 0190699507
Total Pages : 336 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Spirit of the Constitution by : David S. Schwartz

Download or read book The Spirit of the Constitution written by David S. Schwartz and published by Oxford University Press. This book was released on 2019-09-13 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2019 marks the 200th anniversary of one of the most important Supreme Court decisions in American history: McCulloch v. Maryland. The state of Maryland tried to impede the establishment of the Bank of the United States, but Chief Justice John Marshall decided that the Necessary and Proper clause of the Constitution gave the federal government implied powers that allowed it to charter the bank without hindrance. The decision expanded the power of the national government vis-à-vis the states, and it still figures centrally in contemporary debates about the scope of national legislative power. Indeed, Chief Justice Roberts' 2012 decision upholding the Affordable Care Act relied on it. In The Spirit of the Constitution, David S. Schwartz tells the story of the decision's long-term impact and the evolution of Justice Marshall's reputation. By tracing the rich history of McCulloch's influence from 1819 to the present, he shows that its meaning-and significance-for judges, political leaders, and the public varied greatly over time. The case was alternately celebrated, denounced, ignored, and reinterpreted to suit the needs of the moment. While Marshall was never reviled, he was not seen as especially influential until the late nineteenth century. Competing parties utilized McCulloch in constitutional debates over national power in the early republic; over the question of slavery in the late antebellum period; and over Congress's role in regulating the economy and civil rights in the twentieth century. Even after McCulloch's meaning seemed fixed by the mid-twentieth century, new debates about its implications have emerged in recent times. Schwartz's analysis of McCulloch's remarkable impact reaffirms the case's importance and unveils the circuitous process through which American constitutional law and ideology are made.

Color Blind Justice

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Publisher : Oxford University Press
ISBN 13 : 0199708347
Total Pages : 400 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Color Blind Justice by : Mark Elliott

Download or read book Color Blind Justice written by Mark Elliott and published by Oxford University Press. This book was released on 2008-11-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil War officer, Reconstruction "carpetbagger," best-selling novelist, and relentless champion of equal rights--Albion Tourg?e battled his entire life for racial justice. Now, in this engaging biography, Mark Elliott offers an insightful portrait of a fearless lawyer, jurist, and writer, who fought for equality long after most Americans had abandoned the ideals of Reconstruction. Elliott provides a fascinating account of Tourg?e's life, from his childhood in the Western Reserve region of Ohio (then a hotbed of abolitionism), to his years as a North Carolina judge during Reconstruction, to his memorable role as lead plaintiff's counsel in the landmark Supreme Court case Plessy v. Ferguson. Tourg?e's brief coined the phrase that justice should be "color-blind," and his career was one long campaign to make good on that belief. A redoubtable lawyer and an accomplished jurist, Tourg?e's writings represent a mountain of dissent against the prevailing tide of racial oppression. A poignant and inspiring study in courage and conviction, Color-Blind Justice offers us an unforgettable portrayal of Albion Tourg?e and the principles to which he dedicated his life.

The Passions of Law

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Publisher : NYU Press
ISBN 13 : 0814713068
Total Pages : 383 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Passions of Law by : Susan Bandes

Download or read book The Passions of Law written by Susan Bandes and published by NYU Press. This book was released on 2001-05 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology treats the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. The work consists largely of original essays, by scholars of law, theology, political science and philosophy.

The Function of Judicial Decision in European Economic Integration

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Publisher : Springer
ISBN 13 : 9401194831
Total Pages : 581 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis The Function of Judicial Decision in European Economic Integration by : Clarence J. Mann

Download or read book The Function of Judicial Decision in European Economic Integration written by Clarence J. Mann and published by Springer. This book was released on 2013-12-01 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present generation lives in a time of transition. The isolated national legal order, the supreme idea of 19th Century legal science, begins to be superseded by the evolution of a wider international and transnational net work of legal rules and conceptions. With the recognition of a fundamental guarantee of human rights as a binding ingredient of the framework of inter national law, the strict separation of the internal system of the states from the international community is transcended. To this extent, the rules of international law now exercise a direct influence upon the national legal order. In some conventional arrangements safeguarding human rights, the individual is given direct access to international protection against his own state. The piercing of national borders by transnational norms finds its strongest expression in the formation of regional communities of states which seek to develop a common fund of legal rules, concepts and principles among their members. The leading role in this direction lies with European organizations. In the Community formed by the signatories of the European Convention on Human Rights, the members accept for themselves a stan dard of legal guarantees for fundamental rights of the individual laid down in the Convention. The organs of the Convention, including the Court and foremost the Commission, fulfill their tasks by measuring the national laws of the member states against the basic requirements embodied in the Euro pean Convention.

Brown V. Board of Education at Fifty

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Publisher : Lexington Books
ISBN 13 : 9780739108543
Total Pages : 224 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Brown V. Board of Education at Fifty by : Clarke Rountree

Download or read book Brown V. Board of Education at Fifty written by Clarke Rountree and published by Lexington Books. This book was released on 2004 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Six American communication studies scholars contribute six chapters to the first analysis of the role that rhetoric played in establishing, defending, challenging, and overturning legalized educational segregation by race. Coverage includes a reconstruction of the rhetorical context of Plessy v. Ferguson; the Harlan dissent in Plessy; the NAACP's efforts over 40-plus years to reverse Plessy's support of educational segregation; an analysis of the Brown decision, with particular focus on the controversial use of social scientific evidence; the reaction to the Brown decision in the South; and a comparison of two major Supreme Court decisions implementing Brown. Annotation ̧2004 Book News, Inc., Portland, OR (booknews.com) -- Distributed by Syndetics Solutions, LLC.