Law’s Quandary

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674043820
Total Pages : 223 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Law’s Quandary by : Steven D. Smith

Download or read book Law’s Quandary written by Steven D. Smith and published by Harvard University Press. This book was released on 2009-07-01 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.

Cold War Political Justice

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Author :
Publisher : Praeger
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Cold War Political Justice by : Michal R. Belknap

Download or read book Cold War Political Justice written by Michal R. Belknap and published by Praeger. This book was released on 1977-12-27 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 1948, 11 leaders of the Communist Party-USA were convicted of conspiring, in contravention of the 1940 Smith Act, to advocate the revolutionary overthrow of the U.S. government. This book recounts the trial in its fullest context, beginning in the late 1930's with the origins of the Smith Act, and ending with the last government attacks upon the Communist Party in the late 1950's. In the process, the author expertly surveys a politico-judicial conflict that figures most prominently in the history of American civil liberties.

A Trial on Trial

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Publisher :
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Trial on Trial by : Maximilian St.-George

Download or read book A Trial on Trial written by Maximilian St.-George and published by . This book was released on 1946 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Logic of Persecution

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Author :
Publisher : Stanford University Press
ISBN 13 : 9780804755931
Total Pages : 324 pages
Book Rating : 4.7/5 (559 download)

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Book Synopsis The Logic of Persecution by : Martin H. Redish

Download or read book The Logic of Persecution written by Martin H. Redish and published by Stanford University Press. This book was released on 2005 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an exploration of the intersection between the McCarthy Era and the theory of free expression, as well as the implications of that intersection for both historical and constitutional inquiry.

Supreme Inequality

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Publisher : Penguin
ISBN 13 : 0735221529
Total Pages : 458 pages
Book Rating : 4.7/5 (352 download)

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Book Synopsis Supreme Inequality by : Adam Cohen

Download or read book Supreme Inequality written by Adam Cohen and published by Penguin. This book was released on 2021-02-23 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: “With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.

On Democracy's Doorstep

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Author :
Publisher : Macmillan
ISBN 13 : 0809074230
Total Pages : 385 pages
Book Rating : 4.8/5 (9 download)

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Book Synopsis On Democracy's Doorstep by : J. Douglas Smith

Download or read book On Democracy's Doorstep written by J. Douglas Smith and published by Macmillan. This book was released on 2014 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The inside story of the Supreme Court decisions that brought true democracy to the United States Today, Earl Warren is recalled as the chief justice of a Supreme Court that introduced school desegregation and other dramatic changes to American society. In retirement, however, Warren argued that his court's greatest accomplishment was establishing the principle of "one person, one vote" in state legislative and congressional redistricting. Malapportionment, Warren recognized, subverted the will of the majority, privileging rural voters, and often business interests and whites, over others. In declaring nearly all state legislatures unconstitutional, the court oversaw a revolution that transformed the exercise of political power in the United States. On Democracy's Doorstep tells the story of this crucial--and neglected--episode. J. Douglas Smith follows lawyers, activists, and Justice Department officials as they approach the court. We see Attorney General Robert F. Kennedy pushing for radical change and idealistic lawyers in Alabama bravely defying their peers. We then watch as the justices edge toward their momentous decision. The Washington Post called the result a step "toward establishing democracy in the United States." But not everyone agreed; Smith shows that business lobbies and their political allies attempted to overturn the court by calling the first Constitutional Convention since the 1780s. Thirty-three states ratified their petition--just one short of the two-thirds required"--

The Forgotten Memoir of John Knox

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Author :
Publisher : University of Chicago Press
ISBN 13 : 9780226448633
Total Pages : 336 pages
Book Rating : 4.4/5 (486 download)

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Book Synopsis The Forgotten Memoir of John Knox by : John Knox

Download or read book The Forgotten Memoir of John Knox written by John Knox and published by University of Chicago Press. This book was released on 2004-09 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: "My name will survive as long as man survives, because I am writing the greatest diary that has ever been written. I intend to surpass Pepys as a diarist." When John Frush Knox (1907-1997) wrote these words, he was in the middle of law school, and his attempt at surpassing Pepys—part scrapbook, part social commentary, and part recollection—had already reached 750 pages. His efforts as a chronicler might have landed in a family attic had he not secured an eminent position after graduation as law clerk to Justice James C. McReynolds—arguably one of the most disagreeable justices to sit on the Supreme Court—during the tumultuous year when President Franklin D. Roosevelt tried to "pack" the Court with justices who would approve his New Deal agenda. Knox's memoir instead emerges as a record of one of the most fascinating periods in American history. The Forgotten Memoir of John Knox—edited by Dennis J. Hutchinson and David J. Garrow—offers a candid, at times naïve, insider's view of the showdown between Roosevelt and the Court that took place in 1937. At the same time, it marvelously portrays a Washington culture now long gone. Although the new Supreme Court building had been open for a year by the time Knox joined McReynolds' staff, most of the justices continued to work from their homes, each supported by a small staff. Knox, the epitome of the overzealous and officious young man, after landing what he believes to be a dream position, continually fears for his job under the notoriously rude (and nakedly racist) justice. But he soon develops close relationships with the justice's two black servants: Harry Parker, the messenger who does "everything but breathe" for the justice, and Mary Diggs, the maid and cook. Together, they plot and sidestep around their employer's idiosyncrasies to keep the household running while history is made in the Court. A substantial foreword by Dennis Hutchinson and David Garrow sets the stage, and a gallery of period photos of Knox, McReynolds, and other figures of the time gives life to this engaging account, which like no other recaptures life in Washington, D.C., when it was still a genteel southern town.

The Authority of the Court and the Peril of Politics

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674269365
Total Pages : 113 pages
Book Rating : 4.6/5 (742 download)

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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.

Supreme Power: Franklin Roosevelt vs. the Supreme Court

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Author :
Publisher : W. W. Norton & Company
ISBN 13 : 0393079414
Total Pages : 673 pages
Book Rating : 4.3/5 (93 download)

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Book Synopsis Supreme Power: Franklin Roosevelt vs. the Supreme Court by : Jeff Shesol

Download or read book Supreme Power: Franklin Roosevelt vs. the Supreme Court written by Jeff Shesol and published by W. W. Norton & Company. This book was released on 2011-03-14 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A stunning work of history."—Doris Kearns Goodwin, author of No Ordinary Time and Team of Rivals Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices—and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.

Corporations Are People Too

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Publisher : Yale University Press
ISBN 13 : 0300240805
Total Pages : 297 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Corporations Are People Too by : Kent Greenfield

Download or read book Corporations Are People Too written by Kent Greenfield and published by Yale University Press. This book was released on 2018-10-23 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why we’re better off treating corporations as people under the law—and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should corporations be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society. He argues that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.

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.

Congressional Record

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Publisher :
ISBN 13 :
Total Pages : 1324 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Congressional Record by : United States. Congress

Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1968 with total page 1324 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judging Inequality

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Publisher : Russell Sage Foundation
ISBN 13 : 161044907X
Total Pages : 379 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis Judging Inequality by : James L. Gibson

Download or read book Judging Inequality written by James L. Gibson and published by Russell Sage Foundation. This book was released on 2021-08-31 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

Newsletter; No.9 (1967)

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Author :
Publisher : Hassell Street Press
ISBN 13 : 9781014942791
Total Pages : 22 pages
Book Rating : 4.9/5 (427 download)

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Book Synopsis Newsletter; No.9 (1967) by : Harvard University Museum of Compara

Download or read book Newsletter; No.9 (1967) written by Harvard University Museum of Compara and published by Hassell Street Press. This book was released on 2021-09-10 with total page 22 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 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. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

We the People

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Author :
Publisher : Picador
ISBN 13 : 1250166004
Total Pages : 319 pages
Book Rating : 4.2/5 (51 download)

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Book Synopsis We the People by : Erwin Chemerinsky

Download or read book We the People written by Erwin Chemerinsky and published by Picador. This book was released on 2018-11-13 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America

Advocate and Activist

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Publisher : University of Illinois Press
ISBN 13 : 9780252020308
Total Pages : 348 pages
Book Rating : 4.0/5 (23 download)

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Book Synopsis Advocate and Activist by : John J. Abt

Download or read book Advocate and Activist written by John J. Abt and published by University of Illinois Press. This book was released on 1993 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Best known as the longtime chief counsel to the Communist Party of the United States, John Abt also was one of Angela Davis's first attorneys and the man Lee Harvey Oswald wanted to defend him after the assassination of President John F. Kennedy. In Advocate and Activist, John Abt and Michael Myerson provide a detailed account of a life that touched and was touched by the labor and left-wing political movements in the United States for nearly sixty years. Abt went to Washington, D.C., in the early 1930s to join the New Deal. He worked in a succession of government posts and for the LaFollette Civil Liberties Committee. He was Sidney Hillman's counsel in the labor movement and a top aide to Henry Wallace's 1948 presidential campaign. At the height of McCarthyism he became the Communist party's chief counsel. Defending the party in the Smith Act and McCarran Act prosecutions, he succeeded at dismantling the acts piece by piece, establishing precedents and making sure that being a Communist was not illegal.

In Calmer Times

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Author :
Publisher : University of Pennsylvania Press
ISBN 13 : 9780812235074
Total Pages : 286 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis In Calmer Times by : Arthur J. Sabin

Download or read book In Calmer Times written by Arthur J. Sabin and published by University of Pennsylvania Press. This book was released on 1999-09-27 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A good basic guide to the events of Red Monday and their aftermath."—American Communist History