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The Growth Of Judicial Power Classic Reprint
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Book Synopsis The Growth of Judicial Power (Classic Reprint) by : W. F. Dodd
Download or read book The Growth of Judicial Power (Classic Reprint) written by W. F. Dodd and published by Forgotten Books. This book was released on 2016-12-27 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Growth of Judicial Power No evils arising from such legislation could be more far - reaching than those that might come to our system of government if the judiciary, abandoning the sphere assigned to it by the fundamental law, should enter the domain of legislation, and upon grounds merely of justice or reason or wisdom annul statutes that had received the sanction of the pe0p1e's representatives. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Book Synopsis The Relation of the Judiciary to the Constitution (Classic Reprint) by : William M. Meigs
Download or read book The Relation of the Judiciary to the Constitution (Classic Reprint) written by William M. Meigs and published by Forgotten Books. This book was released on 2017-09-17 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Relation of the Judiciary to the Constitution It is the conviction of this danger that has led me once more to take up the subject of Judicial Power. To-day many have treated the various phases of the origin of the American Doctrine, and a vast deal of matter bearing on its history and nature has been gathered together by various writers; but I feel that the subject will bear still another treatment. This should, in my Opinion, be altogether historical in method, and some phases of the very early growth of that Doctrine are happily now far more accessible than was the case even less than a decade ago. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Book Synopsis GROWTH OF JUDICIAL POWER by : Walter Fairleigh 1880-1960 Dodd
Download or read book GROWTH OF JUDICIAL POWER written by Walter Fairleigh 1880-1960 Dodd and published by Wentworth Press. This book was released on 2016-08-26 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Book Synopsis The Growth of Judicial Power by : Walter Fairleigh Dodd
Download or read book The Growth of Judicial Power written by Walter Fairleigh Dodd and published by . This book was released on 1909 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Sources of the Growth of Judicial Power by : Ralph K. Winter
Download or read book The Sources of the Growth of Judicial Power written by Ralph K. Winter and published by . This book was released on 1978 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Judicial Power of the Commonwealth by : Sir John Quick
Download or read book The Judicial Power of the Commonwealth written by Sir John Quick and published by . This book was released on 2015-07-08 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Judicial Power of the Commonwealth: With the Practice and Procedure of the High Court The object of this work is to place in the hands of Students and Legal Practitioners a general survey and exposition of the judicial power of the Australian Commonwealth, coupled with a detailed analysis of the Judiciary Act 1903 and the High Court Practice and Procedure Art 1903, passed by the Federal Parliament for the purpose of bringing that power into full and effective operation; to show, as a whole, the legal constitution and organisation of the High Court, the distribution of the judicial power among the High Court and the State Courts, and the rules regulating the practice and procedure of the High Court in the exercise of its original as well as appellate jurisdictions. These Federal Acts have been to some extent moulded according to American models, with modifications and supplementary provisions from English and Colonial Statutes. Where sections have been taken from those sources the authors have noted the leading decisions of the Courts with respect to them. The rules of practice and procedure for the conduct of original and appellate proceedings in the High Court are based on the latest and most approved adaptations of the English Judicature Rules, as in force in some of the Supreme Courts of the Australian States. These rules have been illustrated and exemplified by extracts from Australian practice decisions, whilst marginal notes give cross-references to the corresponding English Rules, so that the practitioner, by turning to the "Annual Practice," can at once ascertain the English authorities applicable. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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.
Book Synopsis The Supreme Court and Unconstitutional Legislation (Classic Reprint) by : Blaine Free Moore
Download or read book The Supreme Court and Unconstitutional Legislation (Classic Reprint) written by Blaine Free Moore and published by Forgotten Books. This book was released on 2016-08-31 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Supreme Court and Unconstitutional Legislation In the text, though state cases have been discussed, an analysis has been made only of the federal statutes held void by the Supreme Court, but in the appendices an attempt has been made to list all cases in which state enactments were declared unconstitutional, by the same court, because of con ict with the federal con stitution. It has been found very difficult to compile even an approximately correct list. Not only are the cases in question scattered among a large number of others, but additional difficulties were encountered. In some instances the information given in the official re ports is scarcely sufficient to determine with exactness whether a statute has been annulled, or whether only an interpretation of it has been given. In other cases a statute has not been held void in words, but the judgment is in opposition to the statute and the result is to de stroy the force of the act. In a considerable number of cases the act directly complained of and checked was that of an administrative body, but as in the majority of instances the state courts had previously held that such action was authorized by law, the conclusion is that a statute was in whole or in part held void. Also in vari ous of the cases listed statutes were held to be void only as they applied to particular facts or a particular set of facts. In all instances, however, the activities of a state were checked, (which is really the important fact), be cause of con ict with the federal constitution, though in some few cases possibly a statute was not technically annulled. The list given may serve as a basis, and later investigations may correct any errors of omission or commission. The list has, however, been carefully checked, and, within the limits set forth above, an attempt has been made to have it as accurate as possible. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."
Book Synopsis Comparative Judicial Review and Public Policy by : Donald W. Jackson
Download or read book Comparative Judicial Review and Public Policy written by Donald W. Jackson and published by Praeger. This book was released on 1992-09-17 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is one of the few book-length analyses of judicial review and public policy in very different parts of the world today. Donald W. Jackson and C. Neal Tate have gathered together respected scholars and set forth a framework for comparative analysis into the origins of judicial review, its use as a policy tool, and its exercise and impact in the policy-making process. Political scientists, public policy analysts, and public administrators will find this a thought-provoking study in comparative politics and public administration and a useful classroom text. The text opens with an overview and a delineation of basic concepts and closes with a framework for analyzing the exercise of judicial review in policy making. The major part of the book offers case studies and analyses of the establishment of judicial review as a policy tool, and the impact of judicial review in various types of legal situations. These studies cover twelve countries, including the United States, Great Britain, Japan, India, Israel, and the USSR, among others. Chapter reference lists and a selected bibliography at the end of the book refer readers to current studies of importance.
Book Synopsis Rehabilitating Lochner by : David E. Bernstein
Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Book Synopsis The Judicial and Civil History of Connecticut by : Dwight Loomis
Download or read book The Judicial and Civil History of Connecticut written by Dwight Loomis and published by . This book was released on 1895 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The People’s Courts by : Jed Handelsman Shugerman
Download or read book The People’s Courts written by Jed Handelsman Shugerman and published by Harvard University Press. This book was released on 2012-02-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, almost 90 percent of state judges have to run in popular elections to remain on the bench. In the past decade, this peculiarly American institution has produced vicious multi-million-dollar political election campaigns and high-profile allegations of judicial bias and misconduct. The People’s Courts traces the history of judicial elections and Americans’ quest for an independent judiciary—one that would ensure fairness for all before the law—from the colonial era to the present. In the aftermath of economic disaster, nineteenth-century reformers embraced popular elections as a way to make politically appointed judges less susceptible to partisan patronage and more independent of the legislative and executive branches of government. This effort to reinforce the separation of powers and limit government succeeded in many ways, but it created new threats to judicial independence and provoked further calls for reform. Merit selection emerged as the most promising means of reducing partisan and financial influence from judicial selection. It too, however, proved vulnerable to pressure from party politics and special interest groups. Yet, as Shugerman concludes, it still has more potential for protecting judicial independence than either political appointment or popular election. The People’s Courts shows how Americans have been deeply committed to judicial independence, but that commitment has also been manipulated by special interests. By understanding our history of judicial selection, we can better protect and preserve the independence of judges from political and partisan influence.
Book Synopsis The Rise & Fall of Classical Legal Thought by : Duncan Kennedy
Download or read book The Rise & Fall of Classical Legal Thought written by Duncan Kennedy and published by Beard Books. This book was released on 2006 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal historian G. Edward White recently described it as the "most widely circulated and cited unpublished manuscript in twentieth-century American legal scholarship since Hart & Sacks' Legal Process materials." It began the re-evaluation of law in the Gilded Age, and gave it its current name of Classical Legal Thought. It was also one of the first and most influential of the works that introduced European critical theory and structuralism into the study of American law. This reprint comes with a substantial new Introduction that puts the work in context and relates it to current scholarship in the field. It should interest historians generally as well as readers curious about how our legal system got its special modern character --
Book Synopsis The Secret of Progress (Classic Reprint) by : W. Cunningham
Download or read book The Secret of Progress (Classic Reprint) written by W. Cunningham and published by CUP Archive. This book was released on 2016-10-16 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Secret of Progress Buckle1 regarded it as clear that militarism and high intellectual development were not compatible: till recently, many people were prepared to believe that warfare was alien to the interest of civilised peoples and could only occur among half civilised or backward races. But this war has shown that these hopes were vain, and that the last result of civilisation was not to render war impossible, but to give the means of carrying it out on a vastly extended scale. The increase of knowledge and of power over nature, and the sense of the benefits of intercourse and inter-communication have not sufficed to give us any immunity from war. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Book Synopsis Democracy and Education by : John Dewey
Download or read book Democracy and Education written by John Dewey and published by Createspace Independent Publishing Platform. This book was released on 1916 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: . Renewal of Life by Transmission. The most notable distinction between living and inanimate things is that the former maintain themselves by renewal. A stone when struck resists. If its resistance is greater than the force of the blow struck, it remains outwardly unchanged. Otherwise, it is shattered into smaller bits. Never does the stone attempt to react in such a way that it may maintain itself against the blow, much less so as to render the blow a contributing factor to its own continued action. While the living thing may easily be crushed by superior force, it none the less tries to turn the energies which act upon it into means of its own further existence. If it cannot do so, it does not just split into smaller pieces (at least in the higher forms of life), but loses its identity as a living thing. As long as it endures, it struggles to use surrounding energies in its own behalf. It uses light, air, moisture, and the material of soil. To say that it uses them is to say that it turns them into means of its own conservation. As long as it is growing, the energy it expends in thus turning the environment to account is more than compensated for by the return it gets: it grows. Understanding the word "control" in this sense, it may be said that a living being is one that subjugates and controls for its own continued activity the energies that would otherwise use it up. Life is a self-renewing process through action upon the environment.
Book Synopsis Purchasing Submission by : Philip Hamburger
Download or read book Purchasing Submission written by Philip Hamburger and published by Harvard University Press. This book was released on 2021-09-07 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of Òunconstitutional conditionsÓÑthose that threaten constitutional rightsÑbut at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the ConstitutionÕs rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of powerÑan irregular pathwayÑby which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.
Book Synopsis Without Precedent by : Joel Richard Paul
Download or read book Without Precedent written by Joel Richard Paul and published by Penguin. This book was released on 2019-02-19 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the author of Unlikely Allies and Indivisible comes the remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States—the longest-serving in history—he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman—born in Virginia in 1755 and with little formal education—invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.
