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Judicial Fortitude
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Book Synopsis Judicial Fortitude by : Peter J. Wallison
Download or read book Judicial Fortitude written by Peter J. Wallison and published by Encounter Books. This book was released on 2018-10-16 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Peter J. Wallison argues that the administrative agencies of the executive branch have gradually taken over the legislative role of Congress, resulting in what many call the administrative state. The judiciary bears the major responsibility for this development because it has failed to carry out its primary constitutional responsibility: to enforce the constitutional separation of powers by ensuring that the elected branches of government—the legislative and the executive—remain independent and separate from one another. Since 1937, and especially with the Chevron deference adopted by the Supreme Court in 1984, the judiciary has abandoned this role. It has allowed Congress to delegate lawmaking authorities to the administrative agencies of the executive branch and given these agencies great latitude in interpreting their statutory authorities. Unelected officials of the administrative state have thus been enabled to make decisions for the American people that, in a democracy, should only be made by Congress. The consequences have been grave: unnecessary regulation has imposed major costs on the U.S. economy, the constitutional separation of powers has been compromised, and unabated agency rulemaking has created a significant threat that Americans will one day question the legitimacy of their own government. To address these concerns, Wallison argues that the courts must return to the role the Framers expected them to fulfill.
Book Synopsis Crusader for Justice by : Trevor W. Coleman
Download or read book Crusader for Justice written by Trevor W. Coleman and published by Wayne State University Press. This book was released on 2013-11-15 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: A complete biography of one of the seminal figures in American jurisprudence. The Honorable Damon J. Keith was appointed to the federal bench in 1967 and has served as a judge on the United States Court of Appeals for the Sixth Circuit since 1977, where he has been an eloquent defender of civil and constitutional rights and a vigorous enforcer of civil rights law. In Crusader for Justice: Federal Judge Damon J. Keith, authors Peter J. Hammer and Trevor W. Coleman present the first ever biography of native Detroiter Judge Keith, surveying his education, important influences, major cases, and professional and personal commitments. Along the way, the authors consult a host of Keith's notable friends and colleagues, including former White House deputy counsel John Dean, Supreme Court Justice Clarence Thomas, and industrialist Edsel Ford II for this candid and comprehensive volume. Hammer and Coleman trace Keith's early life, from his public school days in Detroit to his time serving in the segregated U.S. army and his law school years at Howard University at the dawn of the Civil Rights era. They reveal how Keith's passion for racial and social justice informed his career, as he became co-chairman of Michigan's first Civil Rights Commission and negotiated the politics of his appointment to the federal judiciary. The authors go on to detail Keith's most famous cases, including the Pontiac Busing and Hamtramck Housing cases, the 1977 Detroit Police affirmative action case, the so-called Keith Case (United States v. U.S. District Court), and the Detroit Free Pressv. Ashcroft case in 2002. They also trace Keith's personal commitment to mentoring young black lawyers, provide a candid look behind the scenes at the dynamics and politics of the Sixth Circuit Court of Appeals, and even discuss some of Keith's difficult relationships, for instance with the Detroit NAACP and Supreme Court Justice Clarence Thomas. Judge Keith's forty-five years on the bench offer a unique viewpoint on a tumultuous era of American and legal history. Readers interested in Civil Rights-era law, politics, and personalities will appreciate the portrait of Keith's fortitude and conviction in Crusader for Justice.
Author :Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University Publisher :Rowman & Littlefield ISBN 13 :1538141507 Total Pages :237 pages Book Rating :4.5/5 (381 download)
Book Synopsis The Dubious Morality of Modern Administrative Law by : Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University
Download or read book The Dubious Morality of Modern Administrative Law written by Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University and published by Rowman & Littlefield. This book was released on 2020-03-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.
Book Synopsis Enduring Creation by : Nigel Jonathan Spivey
Download or read book Enduring Creation written by Nigel Jonathan Spivey and published by Univ of California Press. This book was released on 2001-06 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sebastians pierced with arrows, self-portraits of the aging Rembrandt, and the tortured art of Vincent van Gogh. Exploring the tender, complex rapport between art and pain, Spivey guides us through the twentieth-century photographs of casualties of war, Edvard Munch's The Scream, and back to the recorded horrors of the Holocaust.".
Book Synopsis Representing Justice by : Judith Resnik
Download or read book Representing Justice written by Judith Resnik and published by Yale University Press. This book was released on 2011-01-01 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: A remnant of the Renaissance : the transnational iconography of justice -- Civic space, the public square, and good governance -- Obedience : the judge as the loyal servant of the state -- Of eyes and ostriches -- Why eyes? : color, blindness, and impartiality -- Representations and abstractions : identity, politics, and rights -- From seventeenth-century town halls to twentieth-century courts -- A building and litigation boom in Twentieth-Century federal courts -- Late Twentieth-Century United States courts : monumentality, security, and eclectic imagery -- Monuments to the present and museums of the past : national courts (and prisons) -- Constructing regional rights -- Multi-jurisdictional premises : from peace to crimes -- From "rites" to "rights" -- Courts : in and out of sight, site, and cite -- An iconography for democratic adjudication.
Download or read book The Unelected written by James R. Copland and published by Encounter Books. This book was released on 2020-09-15 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is highly polarized around elections, but unelected actors make many of the decisions that affect our lives. In this lucid history, James R. Copland explains how unaccountable agents have taken over much of the U.S. government apparatus. Congress has largely abdicated its authority. “Independent” administrative agencies churn out thousands of new regulations every year. Courts have enabled these rulemakers to expand their powers beyond those authorized by law—and have constrained executive efforts to rein in the bureaucratic behemoth. No ordinary citizen can know what is legal and what is not. There are some 300,000 federal crimes, 98 percent of which were created by administrative action. The proliferation of rules gives enormous discretion to unelected enforcers, and the severity of sanctions can be ruinous to citizens who unwittingly violate a regulation. Outside the bureaucracy, private attorneys regulate our conduct through lawsuits. Most of the legal theories underlying these suits were never voted upon by our elected representatives. A combination of historical accident, decisions by judges and law professors, and self-interested advocacy by litigators has built an onerous and expensive legal regime. Finally, state and local officials may be accountable to their own voters, but some reach further afield, pursuing agendas to dictate the terms of national commerce. These new antifederalists are subjecting the citizens of Wyoming and Mississippi to the whims of the electorates of New York and San Francisco—contrary to the constitutional design. In these ways, the unelected have assumed substantial control of the American republic, upended the rule of law, given the United States the world’s costliest legal system, and inverted the Constitution’s federalism. Copland caps off his account with ideas for charting a corrective course back to democratic accountability.
Book Synopsis Deconstructing the Administrative State by : Emmett McGroarty
Download or read book Deconstructing the Administrative State written by Emmett McGroarty and published by Liberty Hill Publishing. This book was released on 2017-12-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses a battle of ideologies that has lasted over a century and continues today, pitting those who defend the American Experiment and the constitutional structure against those who seek to replace that structure with one that empowers them to implement their ideas with little or no popular input. Progressives want governance by experts - bureaucrats with administrative power to make political judgments on how people must live, thereby narrowing the realm of their liberty. They expand the administrative state and create an identity of interest with Big Business. Both groups want an ever-expanding government: one motivated by power, the other by money. For its part, Big Business has set up camp on Capitol Hill, lavishly funding establishment politicians, of both parties, who rationalize the need for campaign money to the detriment of waging the good fight. Together, politicians and their cronies elbow the citizen off the policy-making stage. However, this state of affairs is kindling the passions of the constitutional structure's greatest "check" on government excess - the American people. This is a fight that can be won. Deconstructing the Administrative State offers the blueprint for victory. Emmett McGroarty is a senior fellow at the American Principles Project Foundation (APPF). He is a graduate of Georgetown University and Fordham School of Law. Jane Robbins is a senior fellow at APPF. She is a graduate of Clemson University (the 2016 national football champions) and Harvard Law School. Erin Tuttle is a policy analyst at APPF and a graduate of Indiana University.
Book Synopsis The Federalist Papers by : Alexander Hamilton
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Download or read book Heroines of Fortitude written by and published by . This book was released on 1996 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Cardinal Virtues by : St. Thomas Aquinas
Download or read book The Cardinal Virtues written by St. Thomas Aquinas and published by Hackett Publishing. This book was released on 2005-01-01 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This newly translated and streamlined compilation of the texts on prudence, justice, fortitude, and temperance from the Summa Theologica II-II follows the question-and-answer format of the original while omitting almost all appeals to authority. Minor objections and replies have also been omitted. A general Introduction to the moral thought of Thomas Aquinas, introductory notes on the texts, an extensive glossary of key terms, and a selective bibliography supplement the texts.
Download or read book The Trial written by Sadakat Kadri and published by Random House. This book was released on 2007-12-18 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: For as long as accuser and accused have faced each other in public, criminal trials have been establishing far more than who did what to whom–and in this fascinating book, Sadakat Kadri surveys four thousand years of courtroom drama. A brilliantly engaging writer, Kadri journeys from the silence of ancient Egypt’s Hall of the Dead to the clamor of twenty-first-century Hollywood to show how emotion and fear have inspired Western notions of justice–and the extent to which they still riddle its trials today. He explains, for example, how the jury emerged in medieval England from trials by fire and water, in which validations of vengeance were presumed to be divinely supervised, and how delusions identical to those that once sent witches to the stake were revived as accusations of Satanic child abuse during the 1980s. Lifting the lid on a particularly bizarre niche of legal history, Kadri tells how European lawyers once prosecuted animals, objects, and corpses–and argues that the same instinctive urge to punish is still apparent when a child or mentally ill defendant is accused of sufficiently heinous crimes. But Kadri’s history is about aspiration as well as ignorance. He shows how principles such as the right to silence and the right to confront witnesses, hallmarks of due process guaranteed by the U.S. Constitution, were derived from the Bible by twelfth-century monks. He tells of show trials from Tudor England to Stalin’s Soviet Union, but contends that “no-trials,” in Guantánamo Bay and elsewhere, are just as repugnant to Western traditions of justice and fairness. With governments everywhere eroding legal protections in the name of an indefinite war on terror, Kadri’s analysis could hardly be timelier. At once encyclopedic and entertaining, comprehensive and colorful, The Trial rewards curiosity and an appreciation of the absurd but tackles as well questions that are profound. Who has the right to judge, and why? What did past civilizations hope to achieve through scapegoats and sacrifices–and to what extent are defendants still made to bear the sins of society at large? Kadri addresses such themes through scores of meticulously researched stories, all told with the verve and wit that won him one of Britain’s most prestigious travel-writing awards–and in doing so, he has created a masterpiece of popular history.
Book Synopsis The Justices, Judging, and Judicial Reputation by : Kermit L. Hall
Download or read book The Justices, Judging, and Judicial Reputation written by Kermit L. Hall and published by Taylor & Francis. This book was released on 2000 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis Recess Appointments of Federal Judges by : United States. Congress. House. Committee on the Judiciary
Download or read book Recess Appointments of Federal Judges written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1959 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery Publisher : ISBN 13 : Total Pages :524 pages Book Rating :4.:/5 (327 download)
Book Synopsis Judicial Discipline and Tenure by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery
Download or read book Judicial Discipline and Tenure written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery and published by . This book was released on 1979 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Rule of Law in Developing Countries by : Chowdhury Ishrak Ahmed Siddiky
Download or read book The Rule of Law in Developing Countries written by Chowdhury Ishrak Ahmed Siddiky and published by Routledge. This book was released on 2018-02-12 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bangladesh, one of the most densely populated countries in the world and second in South Asia, is known for its natural disasters, floods and political violence. However, the country plans to become a middle-income country by 2020 due to rapid economic growth led by strong and vibrant garments and pharmaceutical sectors. A developing country, Bangladesh cannot reach its true potential if there is a weak legal system and the executive have no regard for the rule of law. This book discusses and analyses the legal system of Bangladesh. It studies the various weaknesses and whether the judiciary of the country is really independent. International experts, scholars and lawyers with significant experience of working in Bangladesh and at international agencies and universities examine the role of the judiciary in maintaining the rule of law in the country and the critical role it can play in strengthening democracy. The chapters show the various roles played by the judiciary in promoting its independence and thereby strengthening democracy in the country. The first book to analyse the role of the judiciary and the various weaknesses in the legal system of Bangladesh, it is a relevant case study in the context of developing countries. The problems found in the legal system of Bangladesh prevail in most of the developing countries in Asia, Africa and Latin America. The book will be of interest to academics in the field of development studies, South Asian Studies and Asian Law.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures Publisher : ISBN 13 : Total Pages :944 pages Book Rating :4.0/5 ( download)
Book Synopsis Reform of the Federal Criminal Laws by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures
Download or read book Reform of the Federal Criminal Laws written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures and published by . This book was released on 1979 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Impeachment written by and published by . This book was released on 1974 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
