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Supreme Courts Overruling Of Constitutional Precedent R45319
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Book Synopsis The Law of Journalism and Mass Communication by : Susan Dente Ross
Download or read book The Law of Journalism and Mass Communication written by Susan Dente Ross and published by CQ Press. This book was released on 2019-11-12 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is the best all-around media law text for undergraduate and graduate students alike. The clear, nonthreatening writing style of the authors, by itself, sets this book apart. And yet, it does so by not leaving out any important areas of inquiry. That’s why my colleagues and I continue to adopt this for all of our media law classes." —Jonathan Kotler, University of Southern California In The Law of Journalism and Mass Communication, authors Susan Dente Ross, Amy Reynolds, and Robert Trager present a lively, up-to-date, and comprehensive introduction to media law that brings the law to life for future professional communicators. The book is grounded in the traditions and rules of law but also contains fresh facts and relevant examples that keep readers engaged. Tightly focused breakout boxes highlight contemporary examples of the law in action or emphasize central points of law as well as intersections with international law and policy. The thoroughly updated Seventh Edition contains a wealth of new content that is as timely as possible—from the U.S. Supreme Court, federal and state courts, Congress, executive agencies, federal and state policymakers and advisory groups, and media organizations and allies. A refreshed look, feel, and flow of chapters provide readers an understanding of fast-expanding areas of the law and legal complexities.
Book Synopsis Constitutional Law and Precedent by : Monika Florczak-Wątor
Download or read book Constitutional Law and Precedent written by Monika Florczak-Wątor and published by Routledge. This book was released on 2022-03-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Book Synopsis Trager′s The Law of Journalism and Mass Communication by : Victoria Smith Ekstrand
Download or read book Trager′s The Law of Journalism and Mass Communication written by Victoria Smith Ekstrand and published by SAGE Publications. This book was released on 2023-03-24 with total page 1125 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trager′s The Law of Journalism and Mass Communication provides a clear and engaging introduction to media law with comprehensive coverage and analysis for future journalists and media professionals. Grounded in the traditions and rules of law, along with fresh facts and examples, the authors demonstrate how the law functions in everyday life. The Eighth Edition of this bestselling text offers students a new breadth and diversity of material and brings the law to life with cutting-edge research, the latest court and legislative rulings, and a wealth of new content. Included with this title: LMS Cartridge: Import this title′s instructor resources into your school′s learning management system (LMS) and save time. Don′t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. Learn more.
Book Synopsis Constitutional Precedent in Us Supreme Court Reasoning by : David Schultz
Download or read book Constitutional Precedent in Us Supreme Court Reasoning written by David Schultz and published by . This book was released on 2023-03-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.
Book Synopsis Precedent in the United States Supreme Court by : Christopher J. Peters
Download or read book Precedent in the United States Supreme Court written by Christopher J. Peters and published by Springer Science & Business Media. This book was released on 2014-02-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.
Book Synopsis Constitutional Precedent in US Supreme Court Reasoning by : Schultz, David
Download or read book Constitutional Precedent in US Supreme Court Reasoning written by Schultz, David and published by Edward Elgar Publishing. This book was released on 2022-03-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.
Book Synopsis The Power of Precedent by : Michael J. Gerhardt
Download or read book The Power of Precedent written by Michael J. Gerhardt and published by Oxford University Press. This book was released on 2011 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.
Book Synopsis Judging Statutes by : Robert A. Katzmann
Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Book Synopsis New Trends in Electrical Vehicle Powertrains by : Luis Romeral Martinez
Download or read book New Trends in Electrical Vehicle Powertrains written by Luis Romeral Martinez and published by BoD – Books on Demand. This book was released on 2019-01-30 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The electric vehicle and plug-in hybrid electric vehicle play a fundamental role in the forthcoming new paradigms of mobility and energy models. The electrification of the transport sector would lead to advantages in terms of energy efficiency and reduction of greenhouse gas emissions, but would also be a great opportunity for the introduction of renewable sources in the electricity sector. The chapters in this book show a diversity of current and new developments in the electrification of the transport sector seen from the electric vehicle point of view: first, the related technologies with design, control and supervision, second, the powertrain electric motor efficiency and reliability and, third, the deployment issues regarding renewable sources integration and charging facilities. This is precisely the purpose of this book, that is, to contribute to the literature about current research and development activities related to new trends in electric vehicle power trains.
Download or read book Stare Indecisis written by Saul Brenner and published by Cambridge University Press. This book was released on 1995-04-28 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a full-length empirical study of why US Supreme Court justices have chosen to alter precedent.
Book Synopsis Constitutional Precedents by : India. Constituent Assembly
Download or read book Constitutional Precedents written by India. Constituent Assembly and published by . This book was released on 1947 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The New Constitutional Order by : Mark Tushnet
Download or read book The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.
Book Synopsis Constitutional Process by : Maxwell L. Stearns
Download or read book Constitutional Process written by Maxwell L. Stearns and published by University of Michigan Press. This book was released on 2002 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive analysis of how the collective nature of Supreme Court decision making affects the transformation of the justices' preferences into constitutional doctrine. Analyzing the Supreme Court from the perspective of social choice theory, Maxwell L. Stearns offers new insights into Supreme Court decision making that have profound implications for understanding the outcomes in a number of cases and the resulting doctrinal development within constitutional law which traditional analyses have proven ill-equipped to explain. The book models several important process-based Supreme Court rules, including outcome voting, the narrowest-grounds rule, stare decisis, and justiciability, with a particular emphasis on standing. These doctrines have each had a significant impact upon the evolution of modern constitutional law, including but not limited to the following areas: affirmative action, school desegregation, racial gerrymandering, obscenity, and abortion. Each model is presented in nontechnical language with several concrete illustrations drawn from recent Supreme Court case law. The book offers a new understanding of two apparently paradoxical situations: first, cases in which there are separate majorities on specific issues in the case that suggest, logically, that there should be a majority for the dissenting result; and second, cases in which discrete minorities--as opposed to the apparent majority--control the identification and resolution of dispositive case issues. In addition, the book sheds new light on why the Court employs stare decisis, even though the doctrine grounds the evolution of legal doctrine on the order in which cases are presented and decided, and on how the modern standing doctrine ameliorates the incentives for interest groups to time the litigation of cases in a way that will exert a disproportionate influence over the direction of constitutional doctrine. This book will appeal to scholars of the Supreme Court or judicial decision-making. It should also be of interest to students of social choice and of law and economics who have not previously considered the Supreme Court or constitutional law as fertile ground for their disciplines. Maxwell L. Stearns is Professor of Law, George Mason University School of Law.
Book Synopsis The Challenge of Originalism by : Grant Huscroft
Download or read book The Challenge of Originalism written by Grant Huscroft and published by Cambridge University Press. This book was released on 2011-09-12 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.
Book Synopsis Model Code of Judicial Conduct by : American Bar Association
Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 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 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two leading scholars of the Supreme Court explain and predict its decision making.
Book Synopsis A Matter of Interpretation by : Antonin Scalia
Download or read book A Matter of Interpretation written by Antonin Scalia and published by Princeton University Press. This book was released on 2018-01-30 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
