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Revolution In The Courts
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Book Synopsis The Idea of Humanity in a Global Era by : B. Mazlish
Download or read book The Idea of Humanity in a Global Era written by B. Mazlish and published by Springer. This book was released on 2008-12-22 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The result of a lifetime of research and contemplation on global phenomena, this book explores the idea of humanity in the modern age of globalization. Tracking the idea in the historical, philosophical, legal, and political realms, this is a concise and illuminating look at a concept that has defined the twentieth century.
Book Synopsis Crusaders in the Courts by : Jack Greenberg
Download or read book Crusaders in the Courts written by Jack Greenberg and published by . This book was released on 2004 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Revolution by Judiciary by : Jed Rubenfeld
Download or read book Revolution by Judiciary written by Jed Rubenfeld and published by Harvard University Press. This book was released on 2005 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law's central narrative in the 20th century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What justifies this phenomenon? How does it work doctrinally? What structures it or limits it? Rubenfeld finds a pattern in constitutional interpretation that answers these questions.
Book Synopsis Rethinking the New Deal Court by : Barry Cushman
Download or read book Rethinking the New Deal Court written by Barry Cushman and published by Oxford University Press. This book was released on 1998-02-26 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.
Book Synopsis Rethinking the New Deal Court by : Barry Cushman
Download or read book Rethinking the New Deal Court written by Barry Cushman and published by Oxford University Press. This book was released on 1998-02-26 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.
Book Synopsis The Courts, the Constitution, and Parties by : Andrew Cunningham McLaughlin
Download or read book The Courts, the Constitution, and Parties written by Andrew Cunningham McLaughlin and published by . This book was released on 1912 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Burger Court written by Vincent Blasi and published by . This book was released on 1983 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses rulings of the Burger Court on freedom of the press, freedom of speech, poor people's rights, criminal investigation, family law, race discrimination, sex discrimination, labor law, antitrust law, etc.
Book Synopsis The Charter Revolution and the Court Party by : F.L. Morton
Download or read book The Charter Revolution and the Court Party written by F.L. Morton and published by Peterborough, Ont. : Broadview Press. This book was released on 2000-04 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University
Book Synopsis Retreat from Revolution by : Mary Kostsonouris
Download or read book Retreat from Revolution written by Mary Kostsonouris and published by . This book was released on 2020-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the spring of 1920, a remarkable phenomenon was taking place in Ireland which became the subject of excited comment abroad: the people were taking over the administration of law and order in their communities. Small tribunals adjudicated in local disputes about land, with the local Volunteer company abducting and punishing thieves, vandals, and rowdies, and directed public order at race meetings and fair days. Retreat from Revolution is the first in-depth account of the courts system established by a Dáil decree in June 1920. Presided over by locally elected justices and attached to virtually every parish in the country for ready accessibility, these Dáil courts soon displaced the largely abandoned British court system, on which people turned their backs. This is the true story of the Dáil Courts as told by the people involved--the litigants, the officials, and the judges. Mary Kotsonouris vividly portrays the self-confidence of these men and women, their ability to create structure that answered their needs, and their keen appreciation of their place in the emerging democracy.
Book Synopsis The Supreme Court Reborn by : William Edward Leuchtenburg
Download or read book The Supreme Court Reborn written by William Edward Leuchtenburg and published by . This book was released on 1996 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Adjudicating Revolution by : Richard S. Kay
Download or read book Adjudicating Revolution written by Richard S. Kay and published by Edward Elgar Publishing. This book was released on 2022-05-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a 'lawful' or an 'unlawful' revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments. Adjudicating Revolution includes, first, cases in which courts decide to recognize the actions of a de facto regime under a doctrine of necessity, with the objective of maintaining public order. Second, cases where courts directly confront the question of whether a revolution has resulted in the creation of a genuinely new constitutional order. Finally, cases in which courts are asked by state officials to recognize, in advance, the validity of otherwise revolutionary changes (i.e. the irregular creation of a new constitution) proposed by state officials. The book examines, from a theoretical and comparative perspective, judgments from North and Latin America, Europe, Asia, and Africa. Placing the cases in their historical and political context, the authors provide an understanding of key moments in the constitutional history of the relevant jurisdictions. The resulting analysis will be of interest to academics and graduate students of comparative constitutional law and constitutional theory, political science, and related disciplines.
Book Synopsis Criminal Procedure and the Constitution by : Jerold H. Israel
Download or read book Criminal Procedure and the Constitution written by Jerold H. Israel and published by West Academic Publishing. This book was released on 2006 with total page 996 pages. Available in PDF, EPUB and Kindle. Book excerpt: This coursebook is the work of nationally renowned experts on the subject of constitutional-criminal procedure. It is ideally suited for a survey course designed to explore and critically examine how the U.S. Supreme Court has dealt with a wide range of highly controversial issues that arise at various stages of the criminal process. Considerable pains have been taken to set forth the views of all members of the Court in such landmark cases as Batson, Leon, Mapp, and Miranda and such important recent cases as Apprendi v. New Jersey and Dickerson v. United States.
Book Synopsis The Theory of Social Revolutions by : Brooks Adams
Download or read book The Theory of Social Revolutions written by Brooks Adams and published by . This book was released on 1914 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and Revolution in Seventeenth-century Ireland by : Coleman A. Dennehy
Download or read book Law and Revolution in Seventeenth-century Ireland written by Coleman A. Dennehy and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 1641, violence erupted in mid-Ulster that spread throughout the whole kingdom and lasted for more than a decade. The war was neither unpredictable nor was it out of step with the rest of the Stuart kingdoms, or indeed Europe generally. As with all wars, particularly the multi-national and multi-denominational, the Irish wars of the 1640s and 1650s had many complex and interrelated causes. Law, the legal system and the legal community played a vital role in the origins and the development of the conflict in Ireland that took it from a dependent kingdom to becoming part of a republican commonwealth. Lawyers also played a fundamental part in the return of the legal and political "normality" in the 1660s. This collection of essays considers how the law was part of this process and to what extent it was shaped by the revolutionary developments of the period. These essays arise from a conference held in 2014 in the House of Lords at the Bank of Ireland, Dublin, under the auspices of the Irish Legal History Society.
Book Synopsis The Supreme Court Reborn by : William E. Leuchtenburg
Download or read book The Supreme Court Reborn written by William E. Leuchtenburg and published by Oxford University Press. This book was released on 1996-10-10 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost sixty years, the results of the New Deal have been an accepted part of political life. Social Security, to take one example, is now seen as every American's birthright. But to validate this revolutionary legislation, Franklin Roosevelt had to fight a ferocious battle against the opposition of the Supreme Court--which was entrenched in laissez faire orthodoxy. After many lost battles, Roosevelt won his war with the Court, launching a Constitutional revolution that went far beyond anything he envisioned. In The Supreme Court Reborn, esteemed scholar William E. Leuchtenburg explores the critical episodes of the legal revolution that created the Court we know today. Leuchtenburg deftly portrays the events leading up to Roosevelt's showdown with the Supreme Court. Committed to laissez faire doctrine, the conservative "Four Horsemen"--Justices Butler, Van Devanter, Sutherland, and McReynolds, aided by the swing vote of Justice Owen Roberts--struck down one regulatory law after another, outraging Roosevelt and much of the Depression-stricken nation. Leuchtenburg demonstrates that Roosevelt thought he had the backing of the country as he prepared a scheme to undermine the Four Hoursemen. Famous (or infamous) as the "Court-packing plan," this proposal would have allowed the president to add one new justice for every sitting justice over the age of seventy. The plan picked up considerable momentum in Congress; it was only after a change in the voting of Justice Roberts (called "the switch in time that saved nine") and the death of Senate Majority Leader Joseph T. Robinson that it shuddered to a halt. Rosevelt's persistence led to one of his biggest legislative defeats. Despite the failure of the Court-packing plan, however, the president won his battle with the Supreme Court; one by one, the Four Horsemen left the bench, to be replaced by Roosevelt appointees. Leuchtenburg explores the far-reaching nature of FDR's victory. As a consequence of the Constitutional Revolution that began in 1937, not only was the New Deal upheld (as precedent after precedent was overturned), but also the Court began a dramatic expansion of Civil liberties that would culminate in the Warren Court. Among the surprises was Senator Hugo Black, who faced widespread opposition for his lack of qualifications when he was appointed as associate justice; shortly afterward, a reporter revealed that he had been a member of the Ku Klux Klan. Despite that background, Black became an articulate spokesman for individual liberty. William E. Leuchtenburg is one of America's premier historians, a scholar who combines depth of learning with a graceful style. This superbly crafted book sheds new light on the great Constitutional crisis of our century, illuminating the legal and political battles that created today's Supreme Court.
Book Synopsis The Vice-Admiralty Courts and the American Revolution by : Carl Ubbelohde
Download or read book The Vice-Admiralty Courts and the American Revolution written by Carl Ubbelohde and published by UNC Press Books. This book was released on 2012-12-01 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study describes the courts of vice-admiralty as they existed in the American colonies at the beginning of the revolutionary struggles, analyzes the changes in the courts and their jurisdiction from 1763 to the outbreak of the war, and examines the American objections to the vice-admiralty system. Originally published in 1960. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
