Values in the Supreme Court

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509921869
Total Pages : 337 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Values in the Supreme Court by : Rachel Cahill-O'Callaghan

Download or read book Values in the Supreme Court written by Rachel Cahill-O'Callaghan and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.

Values in the Supreme Court

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Author :
Publisher : Hart Publishing
ISBN 13 : 9781509921881
Total Pages : pages
Book Rating : 4.9/5 (218 download)

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Book Synopsis Values in the Supreme Court by : Rachel J. Cahill-O'Callaghan

Download or read book Values in the Supreme Court written by Rachel J. Cahill-O'Callaghan and published by Hart Publishing. This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book draws on theories and techniques from psychology to understand the role of values in Supreme Court decision making. It centres on a novel method of content analysis of judgments to reveal the values that underpin decision making and discusses the potential implications this may have for developments in the law and the appointment of the judiciary. The book examines those cases which divide judicial opinion, Dworkin's hard cases "in which the result is not clearly dictated by statute or precedent". In hard cases there is real uncertainty about the legal rules that should be applied and factors beyond the traditional legal sources may influence the decision making. It is in these uncertain cases, where legal developments can rest on a single judicial decision, that values are revealed in the judgments"--Provided by publisher.

The Case Against the Supreme Court

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Publisher : Penguin Books
ISBN 13 : 0143128000
Total Pages : 402 pages
Book Rating : 4.1/5 (431 download)

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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.

Supreme Court Decision Making

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Publisher : W.H. Freeman
ISBN 13 : 9780716707172
Total Pages : 229 pages
Book Rating : 4.7/5 (71 download)

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Book Synopsis Supreme Court Decision Making by : David W. Rohde

Download or read book Supreme Court Decision Making written by David W. Rohde and published by W.H. Freeman. This book was released on 1976-01 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Public Values in Constitutional Law

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Publisher : University of Michigan Press
ISBN 13 : 9780472104345
Total Pages : 300 pages
Book Rating : 4.1/5 (43 download)

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Book Synopsis Public Values in Constitutional Law by : Stephen E. Gottlieb

Download or read book Public Values in Constitutional Law written by Stephen E. Gottlieb and published by University of Michigan Press. This book was released on 1993 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical examination of the concept of compelling government interests

Ideology in the Supreme Court

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Publisher : Princeton University Press
ISBN 13 : 0691175527
Total Pages : 283 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Ideology in the Supreme Court by : Lawrence Baum

Download or read book Ideology in the Supreme Court written by Lawrence Baum and published by Princeton University Press. This book was released on 2017-05-16 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.

Shaping Constitutional Values

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Author :
Publisher :
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Shaping Constitutional Values by : Neal Devins

Download or read book Shaping Constitutional Values written by Neal Devins and published by . This book was released on 1996 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the more than twenty years since Roe v. Wade, the executive and legislative branches of government have pursued a staggering number of initiatives relating to abortion. In this groundbreaking study, legal scholar Neal Devins shows how the Supreme Court, elected government, and private citizens together help to shape what the Constitution means. Central to his study is the question of how the Court and elected government influence each other. In addition to the abortion debate, Devins examines conflicts over federalism, race, religion, and separation of powers. These constitutional disputes, Devins contends, can be as constructive as they are inevitable. Without an ongoing dynamic that allows each side to win some of the time, Devins concludes, the Constitution would be less enduring.

Ideology in the Supreme Court

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Author :
Publisher : Princeton University Press
ISBN 13 : 0691204136
Total Pages : 283 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Ideology in the Supreme Court by : Lawrence Baum

Download or read book Ideology in the Supreme Court written by Lawrence Baum and published by Princeton University Press. This book was released on 2020-06-09 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.

Constitutional Precedent in US Supreme Court Reasoning

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1839103132
Total Pages : 200 pages
Book Rating : 4.8/5 (391 download)

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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.

First Among Equals

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Publisher : Grand Central Publishing
ISBN 13 : 0446554162
Total Pages : 224 pages
Book Rating : 4.4/5 (465 download)

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Book Synopsis First Among Equals by : Kenneth W. Starr

Download or read book First Among Equals written by Kenneth W. Starr and published by Grand Central Publishing. This book was released on 2008-12-14 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In First Among Equals Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, First Among Equals sheds new light on the most frequently misunderstood legal pillar of American life.

Judicial Decision-making

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Author :
Publisher : Free Press
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Judicial Decision-making by : Glendon A. Schubert

Download or read book Judicial Decision-making written by Glendon A. Schubert and published by Free Press. This book was released on 1963 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Supreme Court and the Idea of Progress

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Publisher : Yale University Press
ISBN 13 : 9780300022391
Total Pages : 236 pages
Book Rating : 4.0/5 (223 download)

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Book Synopsis The Supreme Court and the Idea of Progress by : Alexander M. Bickel

Download or read book The Supreme Court and the Idea of Progress written by Alexander M. Bickel and published by Yale University Press. This book was released on 1978-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Federalist Papers

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Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Understanding Supreme Court Opinions- (Value Pack W/Mysearchlab)

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Author :
Publisher : Pearson
ISBN 13 : 9780205700363
Total Pages : 175 pages
Book Rating : 4.7/5 (3 download)

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Book Synopsis Understanding Supreme Court Opinions- (Value Pack W/Mysearchlab) by : T. R. Van Geel

Download or read book Understanding Supreme Court Opinions- (Value Pack W/Mysearchlab) written by T. R. Van Geel and published by Pearson. This book was released on 2008-12-31 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: MySearchLab provides students with a complete understanding of the research process so they can complete research projects confidently and efficiently. Students and instructors with an internet connection can visit www.MySearchLab.com and receive immediate access to thousands of full articles from the EBSCO ContentSelect database. In addition, MySearchLab offers extensive content on the research process itself-including tips on how to navigate and maximize time in the campus library, a step-by-step guide on writing a research paper, and instructions on how to finish an academic assignment with endnotes and bibliography.­ Going beyond the mere reading and standard interpretation of Supreme Court opinions, this practical text delves into the legal reasoning behind the written opinions to give students a deeper understanding of how to read and interpret the decisions of our highest court. The perfect supplement to any constitutional law text, the sixth edition has been thoroughly updated, incorporating new material throughout the book on recent opinions issued by the Supreme Court. It also includes a new Chapter 9, which details the briefing of a case and the making of an extended analytical-critical assessment of the case.

Democracy and Equality

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Publisher : Oxford University Press, USA
ISBN 13 : 019093820X
Total Pages : 241 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Democracy and Equality by : Geoffrey R. Stone

Download or read book Democracy and Equality written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2020-01-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.

Citizens, Courts, and Confirmations

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Author :
Publisher : Princeton University Press
ISBN 13 : 0691139881
Total Pages : 198 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Citizens, Courts, and Confirmations by : James L. Gibson

Download or read book Citizens, Courts, and Confirmations written by James L. Gibson and published by Princeton University Press. This book was released on 2009-06-15 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the American public has witnessed several hard-fought battles over nominees to the U.S. Supreme Court. In these heated confirmation fights, candidates' legal and political philosophies have been subject to intense scrutiny and debate. Citizens, Courts, and Confirmations examines one such fight--over the nomination of Samuel Alito--to discover how and why people formed opinions about the nominee, and to determine how the confirmation process shaped perceptions of the Supreme Court's legitimacy. Drawing on a nationally representative survey, James Gibson and Gregory Caldeira use the Alito confirmation fight as a window into public attitudes about the nation's highest court. They find that Americans know far more about the Supreme Court than many realize, that the Court enjoys a great deal of legitimacy among the American people, that attitudes toward the Court as an institution generally do not suffer from partisan or ideological polarization, and that public knowledge enhances the legitimacy accorded the Court. Yet the authors demonstrate that partisan and ideological infighting that treats the Court as just another political institution undermines the considerable public support the institution currently enjoys, and that politicized confirmation battles pose a grave threat to the basic legitimacy of the Supreme Court.

When Labels Fail

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Author :
Publisher : Xlibris Corporation
ISBN 13 : 1450081282
Total Pages : 219 pages
Book Rating : 4.4/5 (5 download)

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Book Synopsis When Labels Fail by : C.B. Shotwell

Download or read book When Labels Fail written by C.B. Shotwell and published by Xlibris Corporation. This book was released on 2006-09-06 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: WHEN LABELS FAIL: A PARADOXICAL VIEW OF THE SUPREME COURT As in recent actions of the Supreme Court concerning same sex marriage and the Affordable Care Act, don ́t be surprised when pundits and ideologues fail at predictions regarding pending decisions of the Court. This book explains why so many get it wrong so often. At root cause are erroneous preconceptions about the Court. "I ́m not big on labels" replied retiring Associate Justice John Paul Stevens during an interview concerning changing blocs on the Supreme Court. “I don’t use labels to describe what I do” is how Supreme Court nominee Sonia Sotomayor responded during her confirmation hearing when a senator sought to categorize her judicial philosophy. Simplistic labels for the justices have repeatedly misled Presidents, Senators, lawyers, and pundits with regard to the performance of justices on the Supreme Court. Despite best efforts to predict behavior of nominees for the Court, the justices defied political categorization, such as: • The Virginia lawyer who lost his states’ rights case before the Supreme Court, but went on to support Federalist Party causes as Chief Justice. • The ex-Federalist Party politician and Secretary of the Treasury who as Chief Justice strongly supported states’ rights. • The esteemed Massachusetts justice who outraged the progressive president who nominated him to the Court by voting to strike down key anti-trust legislation. • The co-founder of the American Civil Liberties Union who shocked former colleagues by consistently voting to curtail civil liberties and civil rights in cases before the Court. • The staunch New Deal supporter who over his long tenure on the Court came to favor individual rights and liberties over governmental power. • The former Ku Klux Klan member who helped forge a unanimous Court ruling in the seminal decision against racial segregation. • Appointed by a liberal Democratic president, the justice who steadfastly supported law and order, the right to life, and other conservative causes. • An originalist whose conservative methodology frequently leads to liberal results. This book explores the origin of the separation of powers doctrine, how the Constitution created a judiciary designed to stand apart from the “political” branches of government, and how justices have asserted independence as a third branch of government from John Jay to John Roberts. For more information, go to: www.courtpolitics.weebly.com