Judicial Politics In Polarized Times

Download Judicial Politics In Polarized Times full books in PDF, epub, and Kindle. Read online Judicial Politics In Polarized Times ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Judicial Politics in Polarized Times

Author : Thomas M. Keck
Publisher : University of Chicago Press
ISBN 13 : 022618241X
Total Pages : 374 pages
Book Rating : 4.2/5 (261 download)

DOWNLOAD NOW!

Book Synopsis Judicial Politics in Polarized Times by : Thomas M. Keck

Download or read book Judicial Politics in Polarized Times written by Thomas M. Keck and published by University of Chicago Press. This book was released on 2014-12-03 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this era of polarized politics, three stories about judges have emerged. When describing their own work, judges often say that they are neutral legal umpires. When describing opposing judges, partisan political actors regularly denounce them for undermining democratic values and imposing their own preferences. Scholars have long told a third story, in which judges are political actors who spend more time conforming to rather than challenging the democratic will. Drawing on a sweeping survey of litigation regarding abortion, affirmative action, gay rights, and gun rights during the Clinton, Bush, and Obama eras, Keck argues that each of these stories captures part of the significance of courts in polarized times, but that each, standing alone, is more misleading than helpful. In polarized America, advocates on both the left and the right engage in litigation more-or-less constantly to achieve their ends. But, Keck shows, neither side has consistently won, or consistently lost. Instead, judges have responded to this unending litigation, at different times and in different ways, as umpires, as activist tyrants, and as followers of whoever won the last election. For example, federal courts are indeed polarized on partisan lines, but across all four issues, this polarization is less extreme on the courts than it is in Congress. As for the undemocratic judge story, here too Keck s findings are hardly black and white. While some decisions can be characterized as thwarting the popular will, there are just as many in which the judges and the public seem to be pushing in the same direction. Ultimately Keck concludes that the time to fear courts is not when they start protecting rights, but when they start protecting only or mostly those rights favored by Republicans (or by Democrats). Keck s rigorous analysis of these judicial controversies is sure to engender interest both inside and outside the academy and be hailed as a landmark study of judicial review."

Curbing the Court

Author : Brandon L. Bartels
Publisher : Cambridge University Press
ISBN 13 : 1107188415
Total Pages : 321 pages
Book Rating : 4.1/5 (71 download)

DOWNLOAD NOW!

Book Synopsis Curbing the Court by : Brandon L. Bartels

Download or read book Curbing the Court written by Brandon L. Bartels and published by Cambridge University Press. This book was released on 2020-08-20 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.

Judicial Politics in Texas

Author : Kyle Cheek
Publisher : Peter Lang
ISBN 13 : 9780820467672
Total Pages : 204 pages
Book Rating : 4.4/5 (676 download)

DOWNLOAD NOW!

Book Synopsis Judicial Politics in Texas by : Kyle Cheek

Download or read book Judicial Politics in Texas written by Kyle Cheek and published by Peter Lang. This book was released on 2005 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, judicial elections have changed dramatically. The elections themselves have become increasingly partisan, interest group involvement in judicial races has escalated, recent court decisions have freed judicial candidates to speak more openly than ever before about their judicial ideologies, and the tenor of judicial campaigns has departed significantly from what were once low-key, sleepy affairs. This book examines the evolution of the new rough-and-tumble politics of judicial elections by focusing on Texas, a bellwether for the new judicial selection politics in America. The Texas experience illustrates what can - and usually will - go wrong when judges are elected, and lays the path for meaningful reforms to stem the tide of the new politics of judicial elections.

Judicial Politics: Readings from Judicature

Author : Elliot E. Slotnick
Publisher : Rowman & Littlefield
ISBN 13 : 9780938870913
Total Pages : 666 pages
Book Rating : 4.8/5 (79 download)

DOWNLOAD NOW!

Book Synopsis Judicial Politics: Readings from Judicature by : Elliot E. Slotnick

Download or read book Judicial Politics: Readings from Judicature written by Elliot E. Slotnick and published by Rowman & Littlefield. This book was released on 1999 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology of more than seventy articles, published by the American Judicature Society, is distributed by Rowman & Littlefield Publishers.

Judicial Politics in the United States

Author : Mark C. Miller
Publisher : Routledge
ISBN 13 : 0429962150
Total Pages : 448 pages
Book Rating : 4.4/5 (299 download)

DOWNLOAD NOW!

Book Synopsis Judicial Politics in the United States by : Mark C. Miller

Download or read book Judicial Politics in the United States written by Mark C. Miller and published by Routledge. This book was released on 2018-01-31 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.

The Company They Keep

Author : Neal Devins
Publisher : Oxford University Press
ISBN 13 : 0190278064
Total Pages : 240 pages
Book Rating : 4.1/5 (92 download)

DOWNLOAD NOW!

Book Synopsis The Company They Keep by : Neal Devins

Download or read book The Company They Keep written by Neal Devins and published by Oxford University Press. This book was released on 2019-01-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are Supreme Court justices swayed by the political environment that surrounds them? Most people think "yes," and they point to the influence of the general public and the other branches of government on the Court. It is not that simple, however. As the eminent law and politics scholars Neal Devins and Lawrence Baum show in The Company They Keep, justices today are reacting far more to subtle social forces in their own elite legal world than to pressure from the other branches of government or mass public opinion. In particular, the authors draw from social psychology research to show why Justices are apt to follow the lead of the elite social networks that they are a part of. The evidence is strong: Justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and professional elites. In an era of strong partisan polarization, elite social networks are largely bifurcated by partisan and ideological loyalties, and the Justices reflect that division. The result is a Court in which the Justices' ideological stances reflect the dominant views in the appointing president's party. Justices such as Clarence Thomas and Ruth Bader Ginsburg live largely in a milieu populated by like-minded elites. Today's partisanship on the Court also stems from the emergence of conservative legal networks such as the Federalist Society, that reinforce the conservative leanings of Republican appointees. For the Warren and Burger Courts, elite social networks were dominated by liberal elites and not divided by political party or ideology. A fascinating examination of the factors that shape decision-making, The Company They Keep will reshape our understanding of how political polarization occurs on the contemporary Supreme Court.

The Authority of the Court and the Peril of Politics

Author : Stephen Breyer
Publisher : Harvard University Press
ISBN 13 : 0674269365
Total Pages : 113 pages
Book Rating : 4.6/5 (742 download)

DOWNLOAD NOW!

Book Synopsis The Authority of the Court and the Peril of Politics by : Stephen Breyer

Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

Comparative Judicial Politics

Author : Theodore Lewis Becker
Publisher : Chicago : Rand McNally
ISBN 13 :
Total Pages : 432 pages
Book Rating : 4.:/5 (43 download)

DOWNLOAD NOW!

Book Synopsis Comparative Judicial Politics by : Theodore Lewis Becker

Download or read book Comparative Judicial Politics written by Theodore Lewis Becker and published by Chicago : Rand McNally. This book was released on 1970 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Cycles of Constitutional Time

Author : Jack M. Balkin
Publisher : Oxford University Press, USA
ISBN 13 : 0197530990
Total Pages : 257 pages
Book Rating : 4.1/5 (975 download)

DOWNLOAD NOW!

Book Synopsis The Cycles of Constitutional Time by : Jack M. Balkin

Download or read book The Cycles of Constitutional Time written by Jack M. Balkin and published by Oxford University Press, USA. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--

American Judicial Politics

Author : Harry P. Stumpf
Publisher : Harcourt College Pub
ISBN 13 : 9780155023406
Total Pages : 494 pages
Book Rating : 4.0/5 (234 download)

DOWNLOAD NOW!

Book Synopsis American Judicial Politics by : Harry P. Stumpf

Download or read book American Judicial Politics written by Harry P. Stumpf and published by Harcourt College Pub. This book was released on 1988-01 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: KEY BENEFIT: This book on the American judicial system encourages readers to seriously consider the way we think about law, politics, and society. Providing the most extensive study of jurisprudence available, it offers important perspectives for understanding how and why law works the way it does in the American political context; succinctly presents the main currents of contemporary legal thought for an in-depth study of American law and courts; endeavors to cover each and every significant subject, issue, and research area common to the subfield of law and courts in contemporary American political science; and contains exceptionally through documentation throughout. It describes and analyzes key elements of the judicial process, including the selection of judges at both the state and federal levels; the history and structure of the American judicial system; the trial process in both civil and criminal courts, the implementation of judicial decisions; and the role of the judiciary in American politics and society. It also adds material on feminist jurisprudence, racial theory, and the "new constitutive" view of law, and includes the latest findings and figures on caseflow in the U.S. Supreme Court, law school enrollments, crime statistics, and more. For political scientists, lawyers, and those interested in the American government and constitutional law.

Democracies Divided

Author : Thomas Carothers
Publisher : Brookings Institution Press
ISBN 13 : 081573722X
Total Pages : 321 pages
Book Rating : 4.8/5 (157 download)

DOWNLOAD NOW!

Book Synopsis Democracies Divided by : Thomas Carothers

Download or read book Democracies Divided written by Thomas Carothers and published by Brookings Institution Press. This book was released on 2019-09-24 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A must-read for anyone concerned about the fate of contemporary democracies.”—Steven Levitsky, co-author of How Democracies Die 2020 CHOICE Outstanding Academic Title Why divisions have deepened and what can be done to heal them As one part of the global democratic recession, severe political polarization is increasingly afflicting old and new democracies alike, producing the erosion of democratic norms and rising societal anger. This volume is the first book-length comparative analysis of this troubling global phenomenon, offering in-depth case studies of countries as wide-ranging and important as Brazil, India, Kenya, Poland, Turkey, and the United States. The case study authors are a diverse group of country and regional experts, each with deep local knowledge and experience. Democracies Divided identifies and examines the fissures that are dividing societies and the factors bringing polarization to a boil. In nearly every case under study, political entrepreneurs have exploited and exacerbated long-simmering divisions for their own purposes—in the process undermining the prospects for democratic consensus and productive governance. But this book is not simply a diagnosis of what has gone wrong. Each case study discusses actions that concerned citizens and organizations are taking to counter polarizing forces, whether through reforms to political parties, institutions, or the media. The book’s editors distill from the case studies a range of possible ways for restoring consensus and defeating polarization in the world’s democracies. Timely, rigorous, and accessible, this book is of compelling interest to civic activists, political actors, scholars, and ordinary citizens in societies beset by increasingly rancorous partisanship.

Justice Scalia

Author : Brian G. Slocum
Publisher : University of Chicago Press
ISBN 13 : 022660182X
Total Pages : 268 pages
Book Rating : 4.2/5 (266 download)

DOWNLOAD NOW!

Book Synopsis Justice Scalia by : Brian G. Slocum

Download or read book Justice Scalia written by Brian G. Slocum and published by University of Chicago Press. This book was released on 2019-03-06 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

Supreme Court Decision-Making

Author : Cornell W. Clayton
Publisher : University of Chicago Press
ISBN 13 : 0226109550
Total Pages : 359 pages
Book Rating : 4.2/5 (261 download)

DOWNLOAD NOW!

Book Synopsis Supreme Court Decision-Making by : Cornell W. Clayton

Download or read book Supreme Court Decision-Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.

Perceptions of a Polarized Court

Author : Michael F. Salamone
Publisher : Temple University Press
ISBN 13 : 1439916950
Total Pages : 214 pages
Book Rating : 4.4/5 (399 download)

DOWNLOAD NOW!

Book Synopsis Perceptions of a Polarized Court by : Michael F. Salamone

Download or read book Perceptions of a Polarized Court written by Michael F. Salamone and published by Temple University Press. This book was released on 2018-10-31 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like our divided nation, the Supreme Court is polarized. But does a split among Supreme Court justices—particularly when it occurs along ideological lines—hurt public perception and the Court’s ability to muster popular support for its rulings? Michael Salamone’s Perceptions of a Polarized Court offers the first comprehensive, empirical analysis of how divisiveness affects the legitimacy of the Court’s decisions. Salamone looks specifically at the Roberts Court years—which are characterized by unprecedented ideological and partisan polarization among the justices—to evaluate the public consequences of divided Supreme Court rulings. He also analyzes both the media’s treatment of Supreme Court decisions and public opinion toward the Court’s rulings to show how public acceptance is (or is not) affected. Salmone contends that judicial polarization has had an impact on the manner in which journalists report on the Supreme Court. However, contrary to expectation, Court dissent may help secure public support by tapping into core democratic values.

Eurolegalism

Author : R. Daniel Kelemen
Publisher : Harvard University Press
ISBN 13 : 0674061055
Total Pages : 379 pages
Book Rating : 4.6/5 (74 download)

DOWNLOAD NOW!

Book Synopsis Eurolegalism by : R. Daniel Kelemen

Download or read book Eurolegalism written by R. Daniel Kelemen and published by Harvard University Press. This book was released on 2011-04-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.

Law and Legitimacy in the Supreme Court

Author : Richard H. Fallon
Publisher : Harvard University Press
ISBN 13 : 0674975812
Total Pages : 237 pages
Book Rating : 4.6/5 (749 download)

DOWNLOAD NOW!

Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon

Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

The Most Activist Supreme Court in History

Author : Thomas M. Keck
Publisher : University of Chicago Press
ISBN 13 : 0226428869
Total Pages : 393 pages
Book Rating : 4.2/5 (264 download)

DOWNLOAD NOW!

Book Synopsis The Most Activist Supreme Court in History by : Thomas M. Keck

Download or read book The Most Activist Supreme Court in History written by Thomas M. Keck and published by University of Chicago Press. This book was released on 2010-02-15 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.