Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
The United States Supreme Court Studies In Judicial Self Restraint
Download The United States Supreme Court Studies In Judicial Self Restraint full books in PDF, epub, and Kindle. Read online The United States Supreme Court Studies In Judicial Self Restraint ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis The United States Supreme Court: Studies in Judicial Self-restraint by : Howard Sherain
Download or read book The United States Supreme Court: Studies in Judicial Self-restraint written by Howard Sherain and published by . This book was released on 1969 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Federal Courts by : Richard A. Posner
Download or read book The Federal Courts written by Richard A. Posner and published by Harvard University Press. This book was released on 1999-09-15 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on economic and political theory, legal analysis, and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises concerns that have been expressed with their performance, and presents a variety of proposals for both short-term and fundamental reform.
Book Synopsis Supreme Court Activism and Restraint by : Stephen C. Halpern
Download or read book Supreme Court Activism and Restraint written by Stephen C. Halpern and published by Free Press. This book was released on 1982 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Activism in Bangladesh by : Ridwanul Hoque
Download or read book Judicial Activism in Bangladesh written by Ridwanul Hoque and published by Cambridge Scholars Publishing. This book was released on 2011-01-18 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
Download or read book Truman's Court written by Frances Rudko and published by Praeger. This book was released on 1988-09-28 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise, well-written examination by a lawyer-historian of the judicial restraint philosophies of President Truman's four appointees to the Supreme Court: Harold Burton, Fred Vinson, Tom Clark, and Sherman Minton. Rudko's analysis of the four men's opinions in criminal procedure, loyalty-security, racial discrimination, and alien rights cases show that Truman was far more successful than most presidents in choosing justices whose view of the judicial role matched his own. Choice Much of the debate surrounding the Supreme Court can be traced to the notion that the Court is primarily a political rather than a judicial institution. When the Court is viewed from an ideological standpoint, it becomes tempting, for example, to equate judicial restraint with conservatism, and activism with a liberal political perspective. In her study of the Truman Court, Rudko demonstrates the fallacy of the political approach. Focusing of the record of President Truman's four liberal appointees, she looks at the judicial philosophy underlying important decisions involving the rights of individuals and shows how judicial issues--especially the balance between restraint and activism--have determined the decision-making process.
Book Synopsis The Supreme Court and Constitutional Democracy by : John Agresto
Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 1984 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.
Book Synopsis The United States Supreme Court and the West German Federal Constitutional Court by : Wolfgang Herbert Josef Deselaers
Download or read book The United States Supreme Court and the West German Federal Constitutional Court written by Wolfgang Herbert Josef Deselaers and published by . This book was released on 1987 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Supreme Court and the Attitudinal Model Revisited by : Jeffrey A. Segal
Download or read book The Supreme Court and the Attitudinal Model Revisited written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2002-09-16 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, authored by two leading scholars of the Supreme Court and its policy making, systematically presents and validates the use of the attitudinal model to explain and predict Supreme Court decision making. In the process, it critiques the two major alternative models of Supreme Court decision making and their major variants: the legal and rational choice. Using the US Supreme Court Data Base, the justices' private papers, and other sources of information, the book analyzes the appointment process, certiorari, the decision on the merits, opinion assignments, and the formation of opinion coalitions. The book will be the definitive presentation of the attitudinal model as well as an authoritative critique of the legal and rational choice models. The book thoroughly reflects research done since the 1993 publication of its predecessor, as well as decisions and developments in the Supreme Court, including the momentous decision of Bush v. Gore.
Book Synopsis An Essential Safeguard by : D. Grier Stephenson
Download or read book An Essential Safeguard written by D. Grier Stephenson and published by Praeger. This book was released on 1991-03-30 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely collection examines the record of current and recent justices in fashioning the Constitution and looks at the larger political context in which their work has occurred. The eight essays, written by distinguished scholars of the Supreme Court, review the achievements of current Justices O'Connor and Rehnquist as well as recent justices Douglas, Black, and Harlan. The essay on Justice O'Connor is one of the first overall assessments of her record to appear in print. Editor D. Grier Stephenson, Jr.'s introductory chapter presents an insightful overview of the Supreme Court's role in American government today. Collectively these chapters make a rich contribution to an understanding of constitutional government and render a complex subject both accessible to general readers and interesting to experts. Following editor Stephenson's cogent introduction, Henry Abraham's Can Presidents Really Pack the Supreme Court? focuses on the political and intellectual environments within which the Supreme Court functions and on the candidates selected by presidents to sit on the High Bench. In Chapter Three, former solicitor general Rex E. Lee zeroes on a central aspect of, and a key player in, the judicial process. Leadership and the relationships among the justices are the subject of Chapter Four. Harold J. Spaeth's essay on Justice Sandra Day O'Connor emphasizes personality as an element contributing to the Court's decisions. The legacy of Justice William O. Douglas and the impact of the Court's past on its present decisions are both examined by Walter Murphy. Similarly, the next chapter's study of Justice John Marshall Harlan shows the importance of the Constitutional legacy in understanding the Supreme Court. Affirmative Action and the Supreme Court reviews the responses of current members of the Court to one of the most divisive and significant policy questions of our time. The concluding essay surveys Chief Justice Rehnquist and the Future of the Supreme Court. This volume is important reading for students of law, history, and political science.
Book Synopsis Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint by : Frederic R. Kellogg
Download or read book Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint written by Frederic R. Kellogg and published by Cambridge University Press. This book was released on 2006-12-11 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.
Book Synopsis Judicial Activism and the Democratic Rule of Law by : Sonja C. Grover
Download or read book Judicial Activism and the Democratic Rule of Law written by Sonja C. Grover and published by Springer Nature. This book was released on 2020-02-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.
Book Synopsis The Origin and Scope of the American Doctrine of Constitutional Law by : James Bradley Thayer
Download or read book The Origin and Scope of the American Doctrine of Constitutional Law written by James Bradley Thayer and published by . This book was released on 1893 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
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.
Book Synopsis Law and Politics in the Supreme Court by : Martin M. Shapiro
Download or read book Law and Politics in the Supreme Court written by Martin M. Shapiro and published by [New York] : Free Press of Glencoe. This book was released on 1964 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Making Law written by Peter H. Irons and published by . This book was released on 1991-09-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Judge in a Democracy by : Aharon Barak
Download or read book The Judge in a Democracy written by Aharon Barak and published by Princeton University Press. This book was released on 2009-01-10 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Book Synopsis The Morality of Consent by : Alexander M. Bickel
Download or read book The Morality of Consent written by Alexander M. Bickel and published by Yale University Press. This book was released on 1975-01-01 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrasts liberal views in the tradition of John Locke with conservative Whig attitudes as personified by Edmund Burke in a consideration of moral duty and civil disobedience