Law Democratized

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Law Democratized

Author : Renee Knake Jefferson
Publisher : NYU Press
ISBN 13 : 1479820407
Total Pages : 279 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Law Democratized by : Renee Knake Jefferson

Download or read book Law Democratized written by Renee Knake Jefferson and published by NYU Press. This book was released on 2024-01-09 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical plan for providing legal help to all, regardless of resources Millions of people in the United States face legal problems without lawyers to help them. Why? How do we educate and inform the public about the law so they can understand when the services of a lawyer are necessary or desirable? When can individuals solve legal problems on their own or with the assistance of a specialist without a traditional law degree? In short, how do we democratize the law? Law Democratized offers a blueprint to increase legal help for everyone, regardless of their ability to pay. Building on more than a decade of research into innovation in legal services, the book advances a series of recommendations inspired by success stories from around the globe. Renee Knake Jefferson outlines different paths pursued by bar associations, courts, entrepreneurs, law schools, nonprofits, and others, evaluating the promise and pitfalls of each. She analyzes regulatory reforms employed in other nations, along with emerging efforts in a handful of US states. If the rule of law is the bedrock that American democracy rests upon, then the justice transformed system must be open and user-friendly to all. Law Democratized makes a compelling argument for transforming the American legal landscape through engaged citizenship, ethical innovation, expanded education, and regulatory reform, in order to democratize law and make legal help more accessible.

Law Democratized

Author : Renee Knake Jefferson
Publisher : NYU Press
ISBN 13 : 1479820393
Total Pages : 320 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Law Democratized by : Renee Knake Jefferson

Download or read book Law Democratized written by Renee Knake Jefferson and published by NYU Press. This book was released on 2024-01-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Millions of Americans do not recognize their problems can be solved through legal tools. Law democratized offers a blueprint for expanding access to legal help for all regardless of resources. Building upon more than a decade of research about innovation in legal services around the globe, the book features stories of what works and what doesn't to craft a series of recommendations for solving the justice crisis"--

Democratic Law

Author : Seana Valentine Shiffrin
Publisher : Oxford University Press
ISBN 13 : 0190084480
Total Pages : 249 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Democratic Law by : Seana Valentine Shiffrin

Download or read book Democratic Law written by Seana Valentine Shiffrin and published by Oxford University Press. This book was released on 2021 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This introduction offers a concise overview of the book. It outlines the three chapters of Seana Shiffrin's core text, offers brief summaries of the three commentaries by Niko Kolodny, Richard Brooks and Anna Stilz, and highlights some key points from Shiffrin's extensive replies. It emphasizes two of the pretheoretical assumptions motivating Shiffrin's argument for the communicative character of democratic law: that democracy is not defined in terms of elections, and that both democracy and law must be conceived as a means for fulfilling moral obligations. It also emphasizes the Rawlsian background to Shiffrin's argument, in particular the idea that justice requires that we realize for one another the social bases of self-respect. Finally, it underscores the timeliness of Shiffrin's account in the light of widely recognized threats to democracy in the US and elsewhere"--

Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment

Author : Brad Snyder
Publisher : W. W. Norton & Company
ISBN 13 : 1324004886
Total Pages : 735 pages
Book Rating : 4.3/5 (24 download)

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Book Synopsis Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment by : Brad Snyder

Download or read book Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment written by Brad Snyder and published by W. W. Norton & Company. This book was released on 2022-08-23 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive biography of Felix Frankfurter, Supreme Court justice and champion of twentieth-century American liberal democracy. The conventional wisdom about Felix Frankfurter—Harvard law professor and Supreme Court justice—is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court’s principal villain. And yet none of these characterizations rings true. A pro-government, pro-civil rights liberal who rejected shifting political labels, Frankfurter advocated for judicial restraint—he believed that people should seek change not from the courts but through the democratic political process. Indeed, he knew American presidents from Theodore Roosevelt to Lyndon Johnson, advised Franklin Roosevelt, and inspired his students and law clerks to enter government service. Organized around presidential administrations and major political and world events, this definitive biography chronicles Frankfurter’s impact on American life. As a young government lawyer, he befriended Theodore Roosevelt, Louis Brandeis, and Holmes. As a Harvard law professor, he earned fame as a civil libertarian, Zionist, and New Deal power broker. As a justice, he hired the first African American law clerk and helped the Court achieve unanimity in outlawing racially segregated schools in Brown v. Board of Education. In this sweeping narrative, Brad Snyder offers a full and fascinating portrait of the remarkable life and legacy of a long misunderstood American figure. This is the biography of an Austrian Jewish immigrant who arrived in the United States at age eleven speaking not a word of English, who by age twenty-six befriended former president Theodore Roosevelt, and who by age fifty was one of Franklin Roosevelt’s most trusted advisers. It is the story of a man devoted to democratic ideals, a natural orator and often overbearing justice, whose passion allowed him to amass highly influential friends and helped create the liberal establishment.

Shortlisted

Author : Hannah Brenner Johnson
Publisher : NYU Press
ISBN 13 : 1479895911
Total Pages : 301 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Shortlisted by : Hannah Brenner Johnson

Download or read book Shortlisted written by Hannah Brenner Johnson and published by NYU Press. This book was released on 2020-05-12 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, Next Generation Indie Book Awards - Women's Nonfiction Best Book of 2020, National Law Journal The inspiring and previously untold history of the women considered—but not selected—for the US Supreme Court In 1981, Sandra Day O’Connor became the first female justice on the United States Supreme Court after centuries of male appointments, a watershed moment in the long struggle for gender equality. Yet few know about the remarkable women considered in the decades before her triumph. Shortlisted tells the overlooked stories of nine extraordinary women—a cohort large enough to seat the entire Supreme Court—who appeared on presidential lists dating back to the 1930s. Florence Allen, the first female judge on the highest court in Ohio, was named repeatedly in those early years. Eight more followed, including Amalya Kearse, a federal appellate judge who was the first African American woman viewed as a potential Supreme Court nominee. Award-winning scholars Renee Knake Jefferson and Hannah Brenner Johnson cleverly weave together long-forgotten materials from presidential libraries and private archives to reveal the professional and personal lives of these accomplished women. In addition to filling a notable historical gap, the book exposes the tragedy of the shortlist. Listing and bypassing qualified female candidates creates a false appearance of diversity that preserves the status quo, a fate all too familiar for women, especially minorities. Shortlisted offers a roadmap to combat enduring bias and discrimination. It is a must-read for those seeking positions of power as well as for the powerful who select them in the legal profession and beyond.

The Province of Jurisprudence Democratized

Author : Allan C. Hutchinson
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Province of Jurisprudence Democratized by : Allan C. Hutchinson

Download or read book The Province of Jurisprudence Democratized written by Allan C. Hutchinson and published by Oxford University Press, USA. This book was released on 2009 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Province of Jurisprudence Democratized contributes to the legal academy's shift away from a technical analytical philosophy to a jurisprudence that reflects a more democratic approach. It advances the claim that there is no position of theoretical or political innocence and that like the law it seeks to illuminate, legal theory must recognize its own political and social swing. Allan C. Hutchinson contends that, whatever else democracy might entail or imply, it must oppose elite rule whether by autocrats, functionaries or theorists, however enlightened or principled their proposals or interventions may be, and that authority must come from below, not above. The author's in-depth investigation into some of the most famous works of jurisprudence offers constructive suggestions to improve these historical arguments and forces open the longstanding issue of failed analytical methodologies of jurisprudence." "Scholars, students, and legal theorists alike will find this book engaging as they fashion their own objective criticisms regarding the concepts of 'truth,' 'fact,' and the relationship between 'law' and 'morality.' By challenging the foundational basis of contemporary legal thought. Allan C. Hutchinson attempts to wrest contemporary jurisprudence from the stifling grip of analytical legal theory, as he proposes to open it to a more thoroughly democratic approach."--BOOK JACKET.

A Matter of Dispute

Author : Christopher J. Peters
Publisher : Oxford University Press
ISBN 13 : 0199749957
Total Pages : 377 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis A Matter of Dispute by : Christopher J. Peters

Download or read book A Matter of Dispute written by Christopher J. Peters and published by Oxford University Press. This book was released on 2011-01-19 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.

Sentiment, Reason, and Law

Author : Jeffrey T. Martin
Publisher : Cornell University Press
ISBN 13 : 1501740067
Total Pages : 186 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Sentiment, Reason, and Law by : Jeffrey T. Martin

Download or read book Sentiment, Reason, and Law written by Jeffrey T. Martin and published by Cornell University Press. This book was released on 2019-10-15 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: What if the job of police was to cultivate the political will of a community to live with itself (rather than enforce law, keep order, or fight crime)? In Sentiment, Reason, and Law, Jeffrey T. Martin describes a world where that is the case. The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949–1987) before transitioning to liberal democracy. Here, Martin describes the social life of a neighborhood police station during the first rotation in executive power following the democratic transition. He shows an apparent paradox of how a strong democratic order was built on a foundation of weak police powers, and demonstrates how that was made possible by the continuity of an illiberal idea of policing. His conclusion from this paradox is that the purpose of the police was to cultivate the political will of the community rather than enforce laws and keep order. As Sentiment, Reason, and Law shows, the police force in Taiwan exists as an "anthropological fact," bringing an order of reality that is always, simultaneously and inseparably, meaningful and material. Martin unveils the power of this fact, demonstrating how the politics of sentiment that took shape under autocratic rule continued to operate in everyday policing in the early phase of the democratic transformation, even as a more democratic mode of public reason and the ultimate power of legal right were becoming more significant.

Cases and Readings on Law and Society: Law in modern democratic society

Author : Sidney Post Simpson
Publisher :
ISBN 13 :
Total Pages : 958 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Cases and Readings on Law and Society: Law in modern democratic society by : Sidney Post Simpson

Download or read book Cases and Readings on Law and Society: Law in modern democratic society written by Sidney Post Simpson and published by . This book was released on 1948 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Living Law of Democratic Society

Author : Jerome Hall
Publisher :
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis Living Law of Democratic Society by : Jerome Hall

Download or read book Living Law of Democratic Society written by Jerome Hall and published by . This book was released on 1949 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and the Wealth of Nations

Author : Tamara Lothian
Publisher : Columbia University Press
ISBN 13 : 9780231174671
Total Pages : 416 pages
Book Rating : 4.1/5 (746 download)

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Book Synopsis Law and the Wealth of Nations by : Tamara Lothian

Download or read book Law and the Wealth of Nations written by Tamara Lothian and published by Columbia University Press. This book was released on 2019-12-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tamara Lothian shows a path to the reconstruction of the economy in the service of both growth and inclusion that would reignite economic growth by democratizing the market. Law and the Wealth of Nations offers a progressive approach to the supply side of the economy and proposes innovation in our fundamental economic arrangements.

Brennan and Democracy

Author : Frank I. Michelman
Publisher : Princeton University Press
ISBN 13 : 1400823366
Total Pages : 161 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Brennan and Democracy by : Frank I. Michelman

Download or read book Brennan and Democracy written by Frank I. Michelman and published by Princeton University Press. This book was released on 2005-01-17 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government. The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal.

Rule By Law

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 9780521720410
Total Pages : 392 pages
Book Rating : 4.7/5 (24 download)

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Book Synopsis Rule By Law by : Tom Ginsburg

Download or read book Rule By Law written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2008-05-08 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.

Reading Law Forward

Author : Peter Charles Hoffer
Publisher : University Press of Kansas
ISBN 13 : 0700635084
Total Pages : 246 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Reading Law Forward by : Peter Charles Hoffer

Download or read book Reading Law Forward written by Peter Charles Hoffer and published by University Press of Kansas. This book was released on 2023-07-14 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the current legal climate where “everyone is an originalist,” conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, “reading the law forward”—what some call judicial pragmatism or consequentialism—is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer. “In the hands of America’s leading judges, a jurisprudence of reading law forward enabled courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society,” Hoffer convincingly argues.

Transitional Justice and the Rule of Law in New Democracies

Author : A. James McAdams
Publisher :
ISBN 13 : 9780268042028
Total Pages : 0 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Transitional Justice and the Rule of Law in New Democracies by : A. James McAdams

Download or read book Transitional Justice and the Rule of Law in New Democracies written by A. James McAdams and published by . This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.

Democratizing Constitutional Law

Author : Thomas Bustamante
Publisher : Springer
ISBN 13 : 3319283715
Total Pages : 330 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Democratizing Constitutional Law by : Thomas Bustamante

Download or read book Democratizing Constitutional Law written by Thomas Bustamante and published by Springer. This book was released on 2016-04-19 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.

Federalism, Democratization, and the Rule of Law in Russia

Author : Jeffrey Kahn
Publisher : OUP Oxford
ISBN 13 : 0191529966
Total Pages : 352 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Federalism, Democratization, and the Rule of Law in Russia by : Jeffrey Kahn

Download or read book Federalism, Democratization, and the Rule of Law in Russia written by Jeffrey Kahn and published by OUP Oxford. This book was released on 2002-06-13 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining the approaches of three fields of scholarship - political science, law and Russian area- tudies - the author explores the foundations and future of the Russian Federation. Russia's political elite have struggled to build an extraordinarily complex federal system, one that incorporates eighty-nine different units and scores of different ethnic groups, which sometimes harbor long histories of resentment against Russian imperial and Soviet legacies. This book examines the public debates, official documents and political deals that built Russia's federal house on very unsteady foundations, often out of the ideological, conceptual and physical rubble of the ancien régime. One of the major goals of this book is, where appropriate, to bring together the insights of comparative law and comparative politics in the study of the development of Russia's attempts to create - as its constitution states in the very first article - a 'Democratic, federal, rule-of-law state'