Press and Speech Under Assault

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190461624
Total Pages : 565 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Press and Speech Under Assault by : Wendell R. Bird

Download or read book Press and Speech Under Assault written by Wendell R. Bird and published by Oxford University Press. This book was released on 2016 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The early Supreme Court justices wrestled with how much press and speech is protected by freedoms of press and speech, before and under the First Amendment. This book discusses the Supreme Court justices before John Marshall and their confrontations with those freedoms. Its conclusions are surprising about their broad understanding of freedoms of press and speech before 1798, and about their split over the constitutionality of the Sedition Act of 1798. The book also summarizes the recognized prosecutions under that law, and then doubles their number by confirming 22 additional prosecutions under the Sedition Act.

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.

Deciding to Decide

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Author :
Publisher : Harvard University Press
ISBN 13 : 9780674042063
Total Pages : 332 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Deciding to Decide by : H. W. Perry

Download or read book Deciding to Decide written by H. W. Perry and published by Harvard University Press. This book was released on 2009-06-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.

Answering the Call of the Court

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Publisher : University of Virginia Press
ISBN 13 : 0813930448
Total Pages : 242 pages
Book Rating : 4.8/5 (139 download)

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Book Synopsis Answering the Call of the Court by : Vanessa A. Baird

Download or read book Answering the Call of the Court written by Vanessa A. Baird and published by University of Virginia Press. This book was released on 2008-08-13 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court is the quintessential example of a court that expanded its agenda into policy areas that were once reserved for legislatures. Yet scholars know very little about what causes attention to various policy areas to ebb and flow on the Supreme Court’s agenda. Vanessa A. Baird’s Answering the Call of the Court: How Justices and Litigants Set the Supreme Court Agenda represents the first scholarly attempt to connect justices’ priorities, litigants’ strategies, and aggregate policy outputs of the U.S. Supreme Court. Most previous studies on the Supreme Court’s agenda examine case selection, but Baird demonstrates that the agenda-setting process begins long before justices choose which cases they will hear. When justices signal their interest in a particular policy area, litigants respond by sponsoring well-crafted cases in those policy areas. Approximately four to five years later, the Supreme Court’s agenda in those areas expands, with cases that are comparatively more politically important and divisive than other cases the Court hears. From issues of discrimination and free expression to welfare policy, from immigration to economic regulation, strategic supporters of litigation pay attention to the goals of Supreme Court justices and bring cases they can use to achieve those goals. Since policy making in courts is iterative, multiple well-crafted cases are needed for courts to make comprehensive policy. Baird argues that judicial policy-making power depends on the actions of policy entrepreneurs or other litigants who systematically respond to the priorities and preferences of Supreme Court justices.

May It Please the Court

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Author :
Publisher :
ISBN 13 : 9781565843370
Total Pages : 400 pages
Book Rating : 4.8/5 (433 download)

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Book Synopsis May It Please the Court by : Peter H. Irons

Download or read book May It Please the Court written by Peter H. Irons and published by . This book was released on 1996-10-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The bestselling, unprecedented live recordings and transcripts of twenty-three landmark Supreme Court cases.

The Supreme Court and Constitutional Democracy

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Publisher : Cornell University Press
ISBN 13 : 1501712918
Total Pages : 184 pages
Book Rating : 4.5/5 (17 download)

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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 2016-10-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.

Guide to the U.S. Supreme Court

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Publisher :
ISBN 13 : 9781568027449
Total Pages : 0 pages
Book Rating : 4.0/5 (274 download)

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Book Synopsis Guide to the U.S. Supreme Court by : David G. Savage

Download or read book Guide to the U.S. Supreme Court written by David G. Savage and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appendixes provide additional information on the Court such as the Judiciary Acts of 1789 and 1925 and a list of Acts of Congress found by the Court to be unconstitutional. New cases include: McConnell v. Federal Election Commission (2003), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), United States v. American Library Association Inc. (2003), Bush v. Gore (2000), Boy Scouts of America v. Dale (2000), Clinton v. City of New York (1998), Clinton v. Jones (1997), City of Boerne V. Flores (1997). The Guide also covers changes in Supreme Court's approach to religious freedom, the Rehnquist Court's legacy and the rejuvenation of federalism and state sovereignty. The power to investigate -- The power over internal affairs -- 5. The Court and the powers of the president : Article II -- The Commander in Chief -- The architect of foreign policy -- The president as executive -- The power to veto and to pardon -- Privilege and immunity -- The president versus the Court --

A First Amendment Profile of the Supreme Court

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Author :
Publisher : University of Delaware
ISBN 13 : 1611493625
Total Pages : 196 pages
Book Rating : 4.6/5 (114 download)

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Book Synopsis A First Amendment Profile of the Supreme Court by : Craig Smith

Download or read book A First Amendment Profile of the Supreme Court written by Craig Smith and published by University of Delaware. This book was released on 2011-06-16 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: A First Amendment Profile of the Supreme Court focuses on the nine justices of the United States Supreme Court and determines their frames for assessing First Amendment cases. In each of the chapters, a justice will be profiled in terms of his or her claims during the nomination hearings and the positions they have taken in significant Supreme Court decisions. The object of these chapters is to provide a rhetorical frame that each of these justices would find appealing regarding First Amendment case law.

Reports of Cases Argued and Adjudged in the Supreme Court of the United States

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Publisher :
ISBN 13 :
Total Pages : 874 pages
Book Rating : 4.:/5 (4 download)

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Book Synopsis Reports of Cases Argued and Adjudged in the Supreme Court of the United States by : United States. Supreme Court

Download or read book Reports of Cases Argued and Adjudged in the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 1993 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Supreme Court of Pennsylvania

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Publisher : Penn State Press
ISBN 13 : 0271081996
Total Pages : 457 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis The Supreme Court of Pennsylvania by : John J. Hare

Download or read book The Supreme Court of Pennsylvania written by John J. Hare and published by Penn State Press. This book was released on 2018-01-25 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established in 1684, over a century before the Commonwealth, Pennsylvania’s Supreme Court is the oldest appellate court in North America. This balanced, comprehensive history of the Court examines over three centuries of legal proceedings and cases before the body, the controversies and conflicts with which it dealt, and the impact of its decisions and of the case law its justices created Introduced by constitutional scholar Ken Gormley, this volume describes the Supreme Court’s structure and powers and focuses at length on the Court’s work in deciding notable cases of constitutional law, civil rights, torts, criminal law, labor law, and administrative law. Through three sections, “The Structure and Powers of the Supreme Court,” “Decisional Law of the Supreme Court,” and “Reporting Supreme Court Decisions,” the contributors address the many ways in which the Court and its justices have shaped life and law in Pennsylvania and beyond. They consider how it has adjudicated new and complex issues arising from some of the most notable events and tragedies in American history, including the struggle for religious liberty in colonial Pennsylvania, the Revolutionary War, slavery, the Johnstown Flood, the Homestead Steel Strike and other labor conflicts, both World Wars, and, more recently, the dramatic rise of criminal procedural rights and the expansion of tort law. Featuring an afterword by Chief Justice Saylor and essays by leading jurists, deans, law and history professors, and practicing attorneys, this fair-minded assessment of the Court is destined to become a criterion volume for lawmakers, scholars, and anyone interested in legal history in the Keystone State and the United States.

Oral Arguments and Decision Making on the United States Supreme Court

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Author :
Publisher : SUNY Press
ISBN 13 : 9780791461037
Total Pages : 200 pages
Book Rating : 4.4/5 (61 download)

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Book Synopsis Oral Arguments and Decision Making on the United States Supreme Court by : Timothy R. Johnson

Download or read book Oral Arguments and Decision Making on the United States Supreme Court written by Timothy R. Johnson and published by SUNY Press. This book was released on 2004-07-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: How oral arguments influence the decisions of Supreme Court justices.

The Supreme Court Bar

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Publisher : University of Virginia Press
ISBN 13 : 9780813914497
Total Pages : 284 pages
Book Rating : 4.9/5 (144 download)

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Book Synopsis The Supreme Court Bar by : Kevin T. McGuire

Download or read book The Supreme Court Bar written by Kevin T. McGuire and published by University of Virginia Press. This book was released on 1993 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who represents litigants in the Supreme Court of the United States? Kevin T. McGuire shows that the most sophisticated of them have the advantage of representation by an elite counsel made up of former clerks to the justices, alumni of the Office of the Solicitor General, partners in powerful Washington law firms, and public interest lawyers, all of whom serve as gatekeepers to the Court. In this study, the first to characterize the bar of the Supreme Court as a whole, McGuire uses survey, archival, and interview data to explore the history and social structure of the community of Supreme Court specialists. In so doing, he assesses the strategic politics of Supreme Court practice, the ways in which dominant litigators can shape the Court's decisions, and what the existence of such an elite implies for judicial fairness.

The Supreme Court Compendium

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Publisher : CQ-Roll Call Group Books
ISBN 13 :
Total Pages : 768 pages
Book Rating : 4.:/5 (45 download)

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Book Synopsis The Supreme Court Compendium by : Lee Epstein

Download or read book The Supreme Court Compendium written by Lee Epstein and published by CQ-Roll Call Group Books. This book was released on 1996 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Supreme Court Compendium: Data, Decisions, and Developments is a comprehensive collection of information on the Court and the justices -- past and present. The authors have enriched the second edition not only by adding current information to the tables now include data from the Vinson Court era drawn from the newly expanded U.S. Supreme Court Judicial Database. The second edition also features a list of Internet sites relating to the Court." -- Back cover.

Supreme Court Decision-Making

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Publisher : University of Chicago Press
ISBN 13 : 9780226109541
Total Pages : 368 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis Supreme Court Decision-Making by : Cornell W. Clayton

Download or read book Supreme Court Decision-Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.

Law and Legitimacy in the Supreme Court

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Publisher : Harvard University Press
ISBN 13 : 0674975812
Total Pages : 237 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon

Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

The Most Activist Supreme Court in History

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Publisher : University of Chicago Press
ISBN 13 : 0226428869
Total Pages : 394 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis The Most Activist Supreme Court in History by : Thomas M. Keck

Download or read book The Most Activist Supreme Court in History written by Thomas M. Keck and published by University of Chicago Press. This book was released on 2010-02-15 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.

Oral Arguments and Coalition Formation on the U.S. Supreme Court

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Author :
Publisher : University of Michigan Press
ISBN 13 : 0472118463
Total Pages : 154 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis Oral Arguments and Coalition Formation on the U.S. Supreme Court by : Ryan C. Black

Download or read book Oral Arguments and Coalition Formation on the U.S. Supreme Court written by Ryan C. Black and published by University of Michigan Press. This book was released on 2012-10-24 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oral arguments are a key aspect of the Supreme Court's decision-making process