Creating the Law

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Publisher : Routledge
ISBN 13 : 0429867867
Total Pages : 184 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Creating the Law by : Michael K. Romano

Download or read book Creating the Law written by Michael K. Romano and published by Routledge. This book was released on 2019-08-30 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written opinions are the primary means by which judges communicate with external actors. These sentiments include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize duelling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity. This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision-making in the judiciary more specifically.

Gangsters to Governors

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Publisher : Rutgers University Press
ISBN 13 : 0813584566
Total Pages : 345 pages
Book Rating : 4.8/5 (135 download)

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Book Synopsis Gangsters to Governors by : David Clary

Download or read book Gangsters to Governors written by David Clary and published by Rutgers University Press. This book was released on 2017-10-30 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2018 Current Events/Social Change Book Award from the Next Generation Indie Book Awards Winner of the 2018 Bronze Current Events Book Award from the Independent Publisher Book Awards Generations ago, gambling in America was an illicit activity, dominated by gangsters like Benny Binion and Bugsy Siegel. Today, forty-eight out of fifty states permit some form of legal gambling, and America’s governors sit at the head of the gaming table. But have states become addicted to the revenue gambling can bring? And does the potential of increased revenue lead them to place risky bets on new casinos, lotteries, and online games? In Gangsters to Governors, journalist David Clary investigates the pros and cons of the shift toward state-run gambling. Unearthing the sordid history of America’s gaming underground, he demonstrates the problems with prohibiting gambling while revealing how today’s governors, all competing for a piece of the action, promise their citizens payouts that are rarely delivered. Clary introduces us to a rogue’s gallery of colorful characters, from John “Old Smoke” Morrissey, the Irish-born gangster who built Saratoga into a gambling haven in the nineteenth century, to Sheldon Adelson, the billionaire casino magnate who has furiously lobbied against online betting. By exploring the controversial histories of legal and illegal gambling in America, he offers a fresh perspective on current controversies, including bans on sports and online betting. Entertaining and thought-provoking, Gangsters to Governors considers the past, present, and future of our gambling nation. Author's website (http://www.davidclaryauthor.com)

Records and Briefs of the United States Supreme Court

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Publisher :
ISBN 13 :
Total Pages : 694 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Records and Briefs of the United States Supreme Court by :

Download or read book Records and Briefs of the United States Supreme Court written by and published by . This book was released on 1832 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Matter of Interpretation

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Publisher : Princeton University Press
ISBN 13 : 0691174040
Total Pages : 197 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis A Matter of Interpretation by : Antonin Scalia

Download or read book A Matter of Interpretation written by Antonin Scalia and published by Princeton University Press. This book was released on 2018-01-30 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Oral Arguments and Decision Making on the United States Supreme Court

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Publisher : SUNY Press
ISBN 13 : 9780791461037
Total Pages : 200 pages
Book Rating : 4.4/5 (61 download)

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Book Synopsis Oral Arguments and Decision Making on the United States Supreme Court by : Timothy R. Johnson

Download or read book Oral Arguments and Decision Making on the United States Supreme Court written by Timothy R. Johnson and published by SUNY Press. This book was released on 2004-07-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: How oral arguments influence the decisions of Supreme Court justices.

United States Reports

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Publisher :
ISBN 13 :
Total Pages : 1370 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis United States Reports by : United States. Supreme Court

Download or read book United States Reports written by United States. Supreme Court and published by . This book was released on 2001 with total page 1370 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Federal Preemption of State and Local Law

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Publisher : American Bar Association
ISBN 13 : 9781590317440
Total Pages : 252 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Federal Preemption of State and Local Law by : James T. O'Reilly

Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

Creating the Administrative Constitution

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Publisher : Yale University Press
ISBN 13 : 030018347X
Total Pages : 420 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Creating the Administrative Constitution by : Jerry L. Mashaw

Download or read book Creating the Administrative Constitution written by Jerry L. Mashaw and published by Yale University Press. This book was released on 2012-06-26 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."

Official Reports of the Supreme Court

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Publisher :
ISBN 13 :
Total Pages : 708 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Official Reports of the Supreme Court by : United States. Supreme Court

Download or read book Official Reports of the Supreme Court written by United States. Supreme Court and published by . This book was released on 1976 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Impact of Supreme Court Decisions on US Institutions

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Publisher : Routledge
ISBN 13 : 1000454282
Total Pages : 198 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Impact of Supreme Court Decisions on US Institutions by : Robert Costello

Download or read book The Impact of Supreme Court Decisions on US Institutions written by Robert Costello and published by Routledge. This book was released on 2021-09-30 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book bridges the disciplines of legal studies and sociology in its engaging introduction to the history, purpose, function, and influence of the Supreme Court, demonstrating through ten landmark decisions the Court’s impact on the five key sociological institutions in the United States: family, education, religion, government, and economy. It gives an insightful picture of how these major decisions have additionally affected other sociological categories such as gender, sexual orientation, race, class/inequality, and deviance. The reader not only gains familiarity with foundational concepts in both sociology and constitutional law, but is given tools to decipher the legal language of Supreme Court decisions through non-intimidating abridgments of those decisions, enhancing their critical literacy. This book demonstrates the direct applicability of the Supreme Court to the lives of Americans and how landmark decisions have far-reaching repercussions that affect all of us. The Impact of Supreme Court Decisions on US Institutions is essential reading for undergraduate students in social science courses as well as others interested in the workings of the justice system.

The Unitary Executive

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Publisher :
ISBN 13 : 9780300121261
Total Pages : 0 pages
Book Rating : 4.1/5 (212 download)

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Book Synopsis The Unitary Executive by : Steven G. Calabresi

Download or read book The Unitary Executive written by Steven G. Calabresi and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed historical and legal examination of presidential power and the theory of the unitary executive.

The Oxford Companion to the Supreme Court of the United States

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Publisher :
ISBN 13 : 0195176618
Total Pages : 1270 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis The Oxford Companion to the Supreme Court of the United States by :

Download or read book The Oxford Companion to the Supreme Court of the United States written by and published by . This book was released on with total page 1270 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Oklahoma Session Laws

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Publisher :
ISBN 13 :
Total Pages : 830 pages
Book Rating : 4.:/5 (36 download)

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Book Synopsis Oklahoma Session Laws by : Oklahoma

Download or read book Oklahoma Session Laws written by Oklahoma and published by . This book was released on 1908 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The U.S. Supreme Court Decision on Marriage Equality

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Publisher : Melville House
ISBN 13 : 1612195318
Total Pages : 146 pages
Book Rating : 4.6/5 (121 download)

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Book Synopsis The U.S. Supreme Court Decision on Marriage Equality by : Supreme Court of the United States

Download or read book The U.S. Supreme Court Decision on Marriage Equality written by Supreme Court of the United States and published by Melville House. This book was released on 2015-11-03 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complete text of the landmark Supreme Court decision on marriage equality The 2015 Supreme Court decision Obergefell et al. v. Hodges legalized gay marriage across the United States. This edition collects the widely quoted decision by Justice Kennedy, as well as the dissents of Justices Roberts, Scalia, Thomas, and Alito. Of tremendous interest to general readers and students of American history, The U.S. Supreme Court Decision on Marriage Equality is a milestone in the history of human and civil rights. It is an essential document of our times.

The "rule of Reason" in Antitrust Analysis

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Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis The "rule of Reason" in Antitrust Analysis by : Phillip Areeda

Download or read book The "rule of Reason" in Antitrust Analysis written by Phillip Areeda and published by . This book was released on 1981 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Scalia Dissents

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Publisher : Simon and Schuster
ISBN 13 : 1596987006
Total Pages : 321 pages
Book Rating : 4.5/5 (969 download)

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Book Synopsis Scalia Dissents by : Antonin Scalia

Download or read book Scalia Dissents written by Antonin Scalia and published by Simon and Schuster. This book was released on 2012-04-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissentscontains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.