The Myth of the Imperial Judiciary

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Author :
Publisher : NYU Press
ISBN 13 : 0814747957
Total Pages : 309 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Myth of the Imperial Judiciary by : Mark Kozlowski

Download or read book The Myth of the Imperial Judiciary written by Mark Kozlowski and published by NYU Press. This book was released on 2003 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring a foreword by Anthony Lewis, this book evaluates the role of the court system in our democracy and considers the claims that it has become too powerful.

An Imperial Judiciary

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Author :
Publisher : American Enterprise Institute Press
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis An Imperial Judiciary by : Abram Chayes

Download or read book An Imperial Judiciary written by Abram Chayes and published by American Enterprise Institute Press. This book was released on 1979 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Myth of the Imperial Judiciary

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Author :
Publisher : NYU Press
ISBN 13 : 0814749291
Total Pages : 293 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Myth of the Imperial Judiciary by : Mark Kozlowski

Download or read book The Myth of the Imperial Judiciary written by Mark Kozlowski and published by NYU Press. This book was released on 2006-01-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.

Law as a Means to an End

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139459228
Total Pages : 238 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Law as a Means to an End by : Brian Z. Tamanaha

Download or read book Law as a Means to an End written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2006-10-02 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

The Imperial Presidency

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Publisher : Houghton Mifflin Harcourt
ISBN 13 : 9780618420018
Total Pages : 630 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis The Imperial Presidency by : Arthur Meier Schlesinger

Download or read book The Imperial Presidency written by Arthur Meier Schlesinger and published by Houghton Mifflin Harcourt. This book was released on 2004 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

The Myth of Coequal Branches

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Publisher : University of Missouri Press
ISBN 13 : 0826274218
Total Pages : 240 pages
Book Rating : 4.8/5 (262 download)

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Book Synopsis The Myth of Coequal Branches by : David J. Siemers

Download or read book The Myth of Coequal Branches written by David J. Siemers and published by University of Missouri Press. This book was released on 2018-11-29 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that the three branches of U.S. government are equal in power is taught in classrooms, proclaimed by politicians, and referenced in the media. But, as David Siemers shows, that idea is a myth, neither intended by the Founders nor true in practice. Siemers explains how adherence to this myth normalizes a politics of gridlock, in which the action of any branch can be checked by the reaction of any other. The Founders, however, envisioned a separation of functions rather than a separation of powers. Siemers argues that this view needs to replace our current view, so that the goals set out in the Constitution’s Preamble may be better achieved.

Against the Imperial Judiciary

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Author :
Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Against the Imperial Judiciary by : Matthew J. Franck

Download or read book Against the Imperial Judiciary written by Matthew J. Franck and published by . This book was released on 1996 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Franck's reexamination of the place of natural law in the early Supreme Court is fresh, illuminating, and long overdue. His scholarship is incisive and profound; and the exegeses of early Supreme Court opinions are often brilliant". -- Robert L. Clinton, author of Marbury v. Madison and Judicial Review.

Government by Judiciary

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Publisher : Studies in Jurisprudence and L
ISBN 13 : 9780865971448
Total Pages : 0 pages
Book Rating : 4.9/5 (714 download)

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Book Synopsis Government by Judiciary by : Raoul Berger

Download or read book Government by Judiciary written by Raoul Berger and published by Studies in Jurisprudence and L. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Madison's Nightmare

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Publisher : University of Chicago Press
ISBN 13 : 0226749428
Total Pages : 256 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Madison's Nightmare by : Peter M. Shane

Download or read book Madison's Nightmare written by Peter M. Shane and published by University of Chicago Press. This book was released on 2009-08-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government. Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch—and abetted by a complaisant Congress, riven by partisanship—this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions. The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability. From the war on science to the mismanaged war on terror, Madison’s Nightmare outlines the disastrous consequences of the unchecked executive—and issues a stern wake-up call to all who care about the fate of our long democratic experiment.

Denver University Law Review

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Author :
Publisher :
ISBN 13 :
Total Pages : 854 pages
Book Rating : 4.:/5 (5 download)

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Book Synopsis Denver University Law Review by :

Download or read book Denver University Law Review written by and published by . This book was released on 1985 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Transformation of Title IX

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Publisher : Brookings Institution Press
ISBN 13 : 0815732406
Total Pages : 337 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis The Transformation of Title IX by : R. Shep Melnick

Download or read book The Transformation of Title IX written by R. Shep Melnick and published by Brookings Institution Press. This book was released on 2018-03-06 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: One civil rights-era law has reshaped American society—and contributed to the country's ongoing culture wars Few laws have had such far-reaching impact as Title IX of the Education Amendments of 1972. Intended to give girls and women greater access to sports programs and other courses of study in schools and colleges, the law has since been used by judges and agencies to expand a wide range of antidiscrimination policies—most recently the Obama administration’s 2016 mandates on sexual harassment and transgender rights. In this comprehensive review of how Title IX has been implemented, Boston College political science professor R. Shep Melnick analyzes how interpretations of "equal educational opportunity" have changed over the years. In terms accessible to non-lawyers, Melnick examines how Title IX has become a central part of legal and political campaigns to correct gender stereotypes, not only in academic settings but in society at large. Title IX thus has become a major factor in America's culture wars—and almost certainly will remain so for years to come.

A Concise History of the Common Law

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Author :
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771372
Total Pages : 828 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett

Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Courts and Judicial Policymaking

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Publisher : Prentice Hall
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Courts and Judicial Policymaking by : Christopher P. Banks

Download or read book Courts and Judicial Policymaking written by Christopher P. Banks and published by Prentice Hall. This book was released on 2008 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: For courses in courts and the judicial process; and law and society. The scope of its coverage, and its high academic quality, makes it attractive for graduate courses as well. Christopher P. Banks and David M. O'Brien wrote Courts and Judicial Policymaking to fill a need for a comprehensive textbook on law and judicial policymaking. The text provides a fresh perspective on the contemporary politics of law, courts, the legal profession, and judicial policymaking, often with an underlying comparative judicial process perspective. It covers four distinct areas: 1) What is law?; 2) How are courts organized and how do they work procedurally?; 3) What influences court access and, ultimately, judicial decision-making?; and, 4) How do courts make policy, and how is judicial authority constrained? It has relevant and contemporary analyses of literature from the political science and legal fields; and analyses from scholars who argue from the quantitative (attitudinal and strategic models) and the qualitative (new institutionalism) perspectives. It contains up-to-date charts and graphs on the organization of courts and trends in litigation, caseloads, and opinion writing, and it is appropriate for undergraduate and graduate classes. Feedback includes: "The book is extremely well written and organized, one of the smoothest textbooks I have read in terms of readability. The tables provided are a major selling point for the book - nicely summarize complex and often confusing materials." - Roger Handberg, University of Central Florida "The best feature of this manuscript is its thorough coverage of the subject matter as well as the in-depth analysis of specific topics and questions addressed in the boxed material and sidebars. Adding a comparative dimension by looking at the judicial systems and procedures of other countries is also quite novel." - Susan Mezey, Loyola University, Chicago

Restoring the Global Judiciary

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Author :
Publisher : Princeton University Press
ISBN 13 : 0691204780
Total Pages : 344 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Restoring the Global Judiciary by : Martin S. Flaherty

Download or read book Restoring the Global Judiciary written by Martin S. Flaherty and published by Princeton University Press. This book was released on 2022-05-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.

Texas Journal on Civil Liberties & Civil Rights

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Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Texas Journal on Civil Liberties & Civil Rights by :

Download or read book Texas Journal on Civil Liberties & Civil Rights written by and published by . This book was released on 2004 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A journal publication of the University of Texas School of Law and the Individual Rights and Responsibilities Section of the State Bar of Texas.

The Mythology of Modern Law

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Author :
Publisher : Routledge
ISBN 13 : 1134890508
Total Pages : 379 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis The Mythology of Modern Law by : Peter Fitzpatrick

Download or read book The Mythology of Modern Law written by Peter Fitzpatrick and published by Routledge. This book was released on 2002-09-11 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Mythology of Modern Law is a radical reappraisal of the role of myth in modern society. Peter Fitzpatrick uses the example of law, as an integral category of modern social thought, to challenge the claims of modernity which deny the relevance of myth to modern society.

The People Themselves

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Publisher : Oxford University Press, USA
ISBN 13 : 9780195306453
Total Pages : 380 pages
Book Rating : 4.3/5 (64 download)

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Book Synopsis The People Themselves by : Larry Kramer

Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.