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Closing The Courthouse Door
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Book Synopsis Closing the Courthouse Door by : Erwin Chemerinsky
Download or read book Closing the Courthouse Door written by Erwin Chemerinsky and published by Yale University Press. This book was released on 2017-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half-title -- Title -- Copyright -- Contents -- Preface -- ONE: Why Do We Have Federal Courts? -- TWO: Suing the Government: The King Can Do Wrong -- THREE: Suing Government Officers -- FOUR: An Alleged Constitutional Violation Always Should Be Adjudicated -- FIVE: The Great Writ: How Habeas Corpus Has Been Suspended -- SIX: Opening the Federal Courthouse Doors -- SEVEN: Enforcing the Constitution -- Notes -- Acknowledgments -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Book Synopsis Blocking the Courthouse Door by : Stephanie Mencimer
Download or read book Blocking the Courthouse Door written by Stephanie Mencimer and published by Simon and Schuster. This book was released on 2006-12-05 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charges the Bush administration and corporations with compromising civil liberties that protect the rights of Americans to sue, identifying the government's role in small business bankruptcy, and the deterioration of private medical practices.
Book Synopsis A Federal Right to Education by : Kimberly Jenkins Robinson
Download or read book A Federal Right to Education written by Kimberly Jenkins Robinson and published by NYU Press. This book was released on 2023-06-13 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.
Book Synopsis Blocking the Courthouse Door by : Stephanie Mencimer
Download or read book Blocking the Courthouse Door written by Stephanie Mencimer and published by Simon and Schuster. This book was released on 2006-12-05 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thanks to constant political oratory against "frivolous lawsuits" and "jackpot justice," it is widely known that there's a legal crisis in this country. President Bush never misses an opportunity to call for laws that would bring more "common sense" to a legal system that, he claims, is out of control, wrecking the economy, driving doctors out of their practices, bankrupting small businesses, and costing American jobs. Journalists repeat the charges without examining them. As a result, the lawsuit issue has moved to the political front burner, and in the past three years, state after state has responded by limiting citizens' rights to sue. Just this year alone, the Republicanled Congress has passed restrictions on class action lawsuits and is steps away from enacting limits on medical malpractice lawsuits. But is there really a crisis? National data show that the number of civil suits is falling, not rising, and that the average damage award is also going down. Despite intense media hype to the contrary, the number of personal injury lawsuits filed every year has been tumbling for the past decade. Upon closer examination, the stories of ridiculous lawsuits usually turn out to be false or badly misleading. The crisis, in short, appears to be a phantom. So how do we explain the scary headlines? Who's behind the "tort reform movement," and what are the real goals? Blocking the Courthouse Door will show that the movement against so-called greedy trial lawyers and irresponsible plaintiffs is the result of a concerted and successful campaign by large corporations to get this issue on the table and thus limit their own vulnerability in the civil justice system. They have spent decades, and many millions of dollars, on focus groups and Madison Avenue public relations research. They have funded institutes, sponsored academic research, bankrolled politicians, set up phony "astroturf " grassroots organizations (with chamber of commerce return addresses), and fed copy to all-too-gullible journalists. For corporations, the self-interest involved is fairly plain. Tobacco companies, no longer able to dodge the bullet of liability for knowingly selling poisons, are making an end run around the civil justice system. If they can't win a class action suit, they'll make suing itself illegal. Insurance companies, drowning in red ink from mismanagement and bad investments in the bond market, hike insurance rates by huge sums and blame malpractice suits. The doctors in turn blame greedy lawyers -- and their own injured patients. And for Republicans, the campaign provides an extra bonus: defunding the Democratic Party. Limits on lawsuits cut into the income of some of the Democratic Party's most generous donors, the trial lawyers, who are often the only source of campaign cash for Democrats in many states. By exposing some of the dubious characters, corporate chicanery, skewed research, fudged numbers, and bogus journalism that have buttressed the calls for lawsuit reform,Stephanie Mencimer shows who's behind the movement to close the courthouse doors, and how they've successfully persuaded millions of Americans to give up their critical legal rights without fully understanding what they're losing -- often until it's too late.
Book Synopsis Protecting Constitutional Freedoms by : Daan Braveman
Download or read book Protecting Constitutional Freedoms written by Daan Braveman and published by Praeger. This book was released on 1989-10-11 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to Braveman, the federal courts are being systematically closed to individuals challenging the constitutionality of the conduct of state officials. Debate over the role of the federal court system in upholding constitutional rights is not new to readers of law journals and scholarly articles. Braveman now presents this crucial issue to the general public, who will find it of grave concern. His book brings together information that has previously been available only in separate articles. Beginning with an historical overview of the emergence of the federal courts as the guardian of constitutional rights, Braveman then focuses on specific cases and doctrines to illustrate a radical change in our judicial philosophy. His book brings together information that has previously been available only in separate articles.
Book Synopsis The First 100 Years of the ACLU by : Steven C. Markoff
Download or read book The First 100 Years of the ACLU written by Steven C. Markoff and published by . This book was released on 2023-01-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ACLU was involved in excess of 1,190 cases in the US Supreme Court as a party, counsel of record/ACLU attorney, or as the filer of an amicus (friend of the court) brief, during ninety-four of its first one hundred years, ending in January 19, 2020. This handbook summarizes all the facts and statistics from its companion three-volume set of over 1,190 cases (from June 8, 1925, Gitlow v. New York), and contains three examples of the cases found in the three-volume set.
Book Synopsis The Burger Court and the Rise of the Judicial Right by : Michael J. Graetz
Download or read book The Burger Court and the Rise of the Judicial Right written by Michael J. Graetz and published by Simon and Schuster. This book was released on 2017-06-06 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.
Book Synopsis Free Speech on Campus by : Erwin Chemerinsky
Download or read book Free Speech on Campus written by Erwin Chemerinsky and published by Yale University Press. This book was released on 2017-09-12 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.
Book Synopsis In the Courts of the Conquerer by : Walter Echo-Hawk
Download or read book In the Courts of the Conquerer written by Walter Echo-Hawk and published by Fulcrum Publishing. This book was released on 2018-03-26 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.
Book Synopsis Worse Than Nothing by : Erwin Chemerinsky
Download or read book Worse Than Nothing written by Erwin Chemerinsky and published by Yale University Press. This book was released on 2022-09-06 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court’s nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be an inflexible and shows how it is often impossible to know what the “original intent” of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.
Book Synopsis The Case Against the Supreme Court by : Erwin Chemerinsky
Download or read book The Case Against the Supreme Court written by Erwin Chemerinsky and published by Penguin Books. This book was released on 2015-09-29 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Book Synopsis Representing Justice by : Judith Resnik
Download or read book Representing Justice written by Judith Resnik and published by Yale University Press. This book was released on 2011-01-01 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: A remnant of the Renaissance : the transnational iconography of justice -- Civic space, the public square, and good governance -- Obedience : the judge as the loyal servant of the state -- Of eyes and ostriches -- Why eyes? : color, blindness, and impartiality -- Representations and abstractions : identity, politics, and rights -- From seventeenth-century town halls to twentieth-century courts -- A building and litigation boom in Twentieth-Century federal courts -- Late Twentieth-Century United States courts : monumentality, security, and eclectic imagery -- Monuments to the present and museums of the past : national courts (and prisons) -- Constructing regional rights -- Multi-jurisdictional premises : from peace to crimes -- From "rites" to "rights" -- Courts : in and out of sight, site, and cite -- An iconography for democratic adjudication.
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: A primer on recognizing the power and promise of the Preamble and the Constitution during this conservative assault on our founding text “Over the course of American history, there have been great gains in individual freedom and enormous advances in equality for racial minorities, women, and gays and lesbians, though obviously much remains to be done. Now we are at a moment with a president who is not committed to these values and face the reality of a Supreme Court that will likely be more hostile to them for the foreseeable future.” --From the Preface 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
Book Synopsis Behind Closed Doors: SHORTLISTED FOR THE ORWELL PRIZE FOR POLITICAL WRITING by : Polly Curtis
Download or read book Behind Closed Doors: SHORTLISTED FOR THE ORWELL PRIZE FOR POLITICAL WRITING written by Polly Curtis and published by Virago. This book was released on 2022-02-03 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'BRILLIANT . . . I LOVE THIS BOOK' LEMN SISSAY 'A MUST-READ BOOK' JACQUELINE WILSON 'EXTRAORDINARY' OLIVER BULLOUGH 'EVERYONE SHOULD READ THIS BOOK' HILARY COTTAM Meet the mother whose children were taken away, and the father who fought for his son. Listen to the radical social worker, the judge, the lawyer. See inside the homes of foster carers, adoptive parents and children in care. Because behind closed doors, a scandal is ongoing. We now remove more children from their parents than ever before, more than any other western country. Not because of a rise in physical or sexual abuse, but because of complex factors that are overlooked and misunderstood. Children's Care is a system where fathers are ignored, and mothers are punished for experiencing abuse. Rife with prejudices about race, ableism and class, determined by a postcode lottery. Blind to poverty and its effects on family life. And, at its very worst, an exercise in social engineering that can never replace parental love. This is not a soft issue. Not a 'women and children' problem. It is a prism through which we can understand the deepest issues at play in politics, economics and society today, and it is happening behind closed doors. Because of legal restrictions against reporting in family courts, the uneasy work of social care and the shame poured on parents, these problems remain out of our sight. They are the subject of horror headlines or stale statistics. But family life is at the heart of who we are as people, and it is they who can help us understand. From North to South, rich and poor, Black and white, these are the people who know, first-hand, what is going wrong - and how we can fix it. These are their stories. 'IMPORTANT' IAN BIRRELL 'VITAL' HANNAH JANE PARKINSON 'ONE OF BRITAIN'S BEST JOURNALISTS WRITING ABOUT SOCIAL JUSTICE' MARIANA MAZZUCATO
Book Synopsis Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights by : Erwin Chemerinsky
Download or read book Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights written by Erwin Chemerinsky and published by Liveright Publishing. This book was released on 2021-08-24 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: An unprecedented work of civil rights and legal history, Presumed Guilty reveals how the Supreme Court has enabled racist policing and sanctioned law enforcement excesses through its decisions over the last half-century. Police are nine times more likely to kill African-American men than they are other Americans—in fact, nearly one in every thousand will die at the hands, or under the knee, of an officer. As eminent constitutional scholar Erwin Chemerinsky powerfully argues, this is no accident, but the horrific result of an elaborate body of doctrines that allow the police and, crucially, the courts to presume that suspects—especially people of color—are guilty before being charged. Today in the United States, much attention is focused on the enormous problems of police violence and racism in law enforcement. Too often, though, that attention fails to place the blame where it most belongs, on the courts, and specifically, on the Supreme Court. A “smoking gun” of civil rights research, Presumed Guilty presents a groundbreaking, decades-long history of judicial failure in America, revealing how the Supreme Court has enabled racist practices, including profiling and intimidation, and legitimated gross law enforcement excesses that disproportionately affect people of color. For the greater part of its existence, Chemerinsky shows, deference to and empowerment of the police have been the modi operandi of the Supreme Court. From its conception in the late eighteenth century until the Warren Court in 1953, the Supreme Court rarely ruled against the police, and then only when police conduct was truly shocking. Animating seminal cases and justices from the Court’s history, Chemerinsky—who has himself litigated cases dealing with police misconduct for decades—shows how the Court has time and again refused to impose constitutional checks on police, all the while deliberately gutting remedies Americans might use to challenge police misconduct. Finally, in an unprecedented series of landmark rulings in the mid-1950s and 1960s, the pro-defendant Warren Court imposed significant constitutional limits on policing. Yet as Chemerinsky demonstrates, the Warren Court was but a brief historical aberration, a fleeting liberal era that ultimately concluded with Nixon’s presidency and the ascendance of conservative and “originalist” justices, whose rulings—in Terry v. Ohio (1968), City of Los Angeles v. Lyons (1983), and Whren v. United States (1996), among other cases—have sanctioned stop-and-frisks, limited suits to reform police departments, and even abetted the use of lethal chokeholds. Written with a lawyer’s knowledge and experience, Presumed Guilty definitively proves that an approach to policing that continues to exalt “Dirty Harry” can be transformed only by a robust court system committed to civil rights. In the tradition of Richard Rothstein’s The Color of Law, Presumed Guilty is a necessary intervention into the roiling national debates over racial inequality and reform, creating a history where none was before—and promising to transform our understanding of the systems that enable police brutality.
Book Synopsis Distorting the Law by : William Haltom
Download or read book Distorting the Law written by William Haltom and published by University of Chicago Press. This book was released on 2009-11-15 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
Book Synopsis Covering the Courts by : Robert Giles
Download or read book Covering the Courts written by Robert Giles and published by Routledge. This book was released on 2017-09-25 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the Courts shows how writers and journalists deal with present-day major trials, such as those involving Timothy McVeigh and O.J. Simpson. The volume features such outstanding contributors as Linda Deutsch and Fred Graham, and provides an in-depth look at the performance of the court in an age of heightened participation by reporters, camera operators, social scientists, major moguls of network radio and television, and advocates of special causes.The volume does far more than discuss specific cases. Indeed, it is a major tool in the study of the new relationships between a free press and a fair trial. Interestingly, a consensus is described in which the parties involved in efforts to balance freedom of the press and the right to a fair trial are moving in tandem. In this regard, sensitive issues ranging from the universality of law to the particularity of racial, religious, and gender claims, are explored with great candor.The volume also turns the intellectual discourse to its major players: the members of the press, the lawyers, and the judiciary. Has there been a shift from reporting functions to entertainment values? Does television and live presentation shift the burden from the contents of a case to the photogenic and star quality of players? What excites and intrigues the public: serious disturbances to the peace and mass mayhem, such as the Oklahoma bombings or sexual adventures of entertainment and sports figures? The findings are sometimes disturbing, but the reading is never dull. This book will be of interest to journalists, lawyers, and the interested general public.This volume is the latest in the Transaction Media Studies Series edited by Everette E. Dennis, dean of the school of communication at Fordham University. The volume itself is edited by Robert Giles, the editor, and Robert W. Snyder, the managing editor, of Media Studies Journal. The original contributions were initially presented at The Freedom Forum and its Media Studies Center.
