American Justice 2015

The Hardest Supreme Court Cases

Author: Steven V. Mazie

Publisher: University of Pennsylvania Press

ISBN: 0812248066

Category:

Page: 105

View: 1461

In a series of sharply written chapters, Steven Mazie lays out the issues and arguments at stake in the ten most polarising and controversial opinions of the term. The cases touch on such hot-button issues as free speech, race and equality, religious freedom, privacy, the fate of Obamacare, and gay marriage.

American Justice 2014

Nine Clashing Visions on the Supreme Court

Author: Garrett Epps

Publisher: University of Pennsylvania Press

ISBN: 0812291301

Category: Law

Page: 192

View: 9913

In this provocative and insightful book, constitutional scholar and journalist Garrett Epps reviews the key decisions of the 2013-2014 Supreme Court term through the words of the nation's nine most powerful legal authorities. Epps succinctly outlines one opinion or dissent from each of the justices during the recent term, using it to illuminate the political and ideological views that prevail on the Court. The result is a highly readable summary of the term's most controversial cases as well as a probing investigation of the issues and personalities that shape the Court's decisions. Accompanied by a concise overview of Supreme Court procedure and brief case summaries, American Justice 2014 is an engaging and instructive read for seasoned Court-watchers as well as legal novices eager for an introduction to the least-understood branch of government. This revealing portrait of a year in legal action dramatizes the ways that the Court has come to reflect and encourage the polarization that increasingly defines American politics.

Comparative Constitutional Theory

Author: Gary Jacobsohn,Miguel Schor

Publisher: Edward Elgar Publishing

ISBN: 1784719137

Category:

Page: 552

View: 7058

The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.

American Justice 2016

The Political Supreme Court

Author: Lincoln Caplan

Publisher: University of Pennsylvania Press

ISBN: 081229372X

Category: Law

Page: 188

View: 8369

When the Democrat-appointed Justice Ruth Bader Ginsburg criticized Republican presidential nominee Donald Trump, she triggered concerns about judicial ethics. But the political concerns were even more serious. The Supreme Court is supposed to be what Alexander Hamilton called "the least dangerous" branch of government, because it is the least political. Justices have lifetime appointments to ensure their "complete independence" when deciding cases and controversies. But in the Roberts Court's most contested and important rulings, it has divided along partisan lines for the first time in American history: Republican presidents appointed the conservatives, Democrats appointed the liberals. Justice Ginsburg's criticisms suggested that partisan politics drive the Court's most profound disagreements. Well-respected political science supports that view. Has this partisan turn made the Court less independent and less trustworthy than the nation requires? The term ending in 2016 included more decisions and developments in almost fifty years for analyzing this question. Among them were major cases about abortion rights, the death penalty, immigration, and other wedge issues, as well as the death of Justice Antonin G. Scalia, leaving the Court evenly divided between conservatives and liberals. Legal journalist Lincoln Caplan dissects the recent term, puts it in historical context, and recommends ways to strengthen trust in the Supreme Court as the pinnacle of the American constitutional system.

Uncertain Justice

The Roberts Court and the Constitution

Author: Laurence Tribe,Joshua Matz

Publisher: Henry Holt and Company

ISBN: 0805099131

Category: Political Science

Page: 416

View: 5285

With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.

Supreme Court

Author: N.A

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 8408

The Closing of the Liberal Mind

How Groupthink and Intolerance Define the Left

Author: Kim R. Holmes

Publisher: Encounter Books

ISBN: 1594039569

Category: Political Science

Page: N.A

View: 4095

A former U.S. Assistant Secretary of State and currently Acting Senior Vice President for Research at The Heritage Foundation, Kim R. Holmes surveys the state of liberalism in America today and finds that it is becoming its opposite—illiberalism—abandoning the precepts of open-mindedness and respect for individual rights, liberties, and the rule of law upon which the country was founded, and becoming instead an intolerant, rigidly dogmatic ideology that abhors dissent and stifles free speech. Tracing the new illiberalism historically to the radical Enlightenment, a movement that rejected the classic liberal ideas of the moderate Enlightenment that were prominent in the American Founding, Holmes argues that today’s liberalism has forsaken its American roots, incorporating instead the authoritarian, anti-clerical, and anti-capitalist prejudices of the radical and largely European Left. The result is a closing of the American liberal mind. Where once freedom of speech and expression were sacrosanct, today liberalism employs speech codes, trigger warnings, boycotts, and shaming rituals to stifle freedom of thought, expression, and action. It is no longer appropriate to call it liberalism at all, but illiberalism—a set of ideas in politics, government, and popular culture that increasingly reflects authoritarian and even anti-democratic values, and which is devising new strategies of exclusiveness to eliminate certain ideas and people from the political process. Although illiberalism has always been a temptation for American liberals, lurking in the radical fringes of the Left, it is today the dominant ideology of progressive liberal circles. This makes it a new danger not only to the once venerable tradition of liberalism, but to the American nation itself, which needs a viable liberal tradition that pursues social and economic equality while respecting individual liberties.

Jewish Justices of the Supreme Court

From Brandeis to Kagan

Author: David G. Dalin

Publisher: Brandeis University Press

ISBN: 1512600148

Category: Social Science

Page: 384

View: 1596

Jewish Justices of the Supreme Court examines the lives, legal careers, and legacies of the eight Jews who have served or who currently serve as justices of the U.S. Supreme Court: Louis D. Brandeis, Benjamin Cardozo, Felix Frankfurter, Arthur Goldberg, Abe Fortas, Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan. David Dalin discusses the relationship that these Jewish justices have had with the presidents who appointed them, and given the judges' Jewish background, investigates the antisemitism some of the justices encountered in their ascent within the legal profession before their appointment, as well as the role that antisemitism played in the attendant political debates and Senate confirmation battles. Other topics and themes include the changing role of Jews within the American legal profession and the views and judicial opinions of each of the justices on freedom of speech, freedom of religion, the death penalty, the right to privacy, gender equality, and the rights of criminal defendants, among other issues.

The Teen Years Explained

A Guide to Healthy Adolescent Development

Author: Clea McNeely,Jayne Blanchard

Publisher: Jayne Blanchard

ISBN: 0615302467

Category: Family & Relationships

Page: 103

View: 3209

We idealize childhood and demonize adolescence, often viewing the typical teenager as a bundle of problems. Yet according to a new book, The Teen Years Explained: A Guide to Healthy Adolescent Development, by Clea McNeely, MPH, DrPH and Jayne Blanchard, adolescence can be a time of opportunity, not turmoil. By understanding the developmental stages and changes of adolescence, both teens and adults can get the most out of this second decade of life. In plain English, this guide incorporates the latest scientific findings about physical, emotional, cognitive, identity formation, sexual and spiritual development with tips and strategies on how to use this information in real-life situations involving teens. Whether you have five minutes or five hours, you will find something useful in this book. This practical and colorful guide to healthy adolescent development is an essential resource for parents, teens, and all people who work with young people.

Folk Devils and Moral Panics

Author: Stanley Cohen

Publisher: Taylor & Francis

ISBN: 1136807047

Category: Social Science

Page: 328

View: 4695

'Richly documented and convincingly presented' -- New Society Mods and Rockers, skinheads, video nasties, designer drugs, bogus asylum seeks and hoodies. Every era has its own moral panics. It was Stanley Cohen’s classic account, first published in the early 1970s and regularly revised, that brought the term ‘moral panic’ into widespread discussion. It is an outstanding investigation of the way in which the media and often those in a position of political power define a condition, or group, as a threat to societal values and interests. Fanned by screaming media headlines, Cohen brilliantly demonstrates how this leads to such groups being marginalised and vilified in the popular imagination, inhibiting rational debate about solutions to the social problems such groups represent. Furthermore, he argues that moral panics go even further by identifying the very fault lines of power in society. Full of sharp insight and analysis, Folk Devils and Moral Panics is essential reading for anyone wanting to understand this powerful and enduring phenomenon. Professor Stanley Cohen is Emeritus Professor of Sociology at the London School of Economics. He received the Sellin-Glueck Award of the American Society of Criminology (1985) and is on the Board of the International Council on Human Rights. He is a member of the British Academy.

The Tie Goes to Freedom

Justice Anthony M. Kennedy on Liberty

Author: Helen J. Knowles

Publisher: Rowman & Littlefield Publishers

ISBN: 0742566080

Category: Law

Page: 312

View: 5687

At the ideological center of the Supreme Court sits Anthony M. Kennedy, whose pivotal role on the Rehnquist Court is only expected to grow in importance now that he is the lone 'swing Justice' on the Roberts Court. The Ties Goes to Freedom is the first book-length analysis of Kennedy, and it challenges the conventional wisdom that his jurisprudence is inconsistent and incoherent. Using the hot-button issues of privacy rights, race, and free speech, this book demonstrates how Kennedy forcefully articulates a libertarian constitutional vision. The Tie Goes to Freedom fills two significant voids—one examining the jurisprudence of the man at the ideological center of the Supreme Court, the other demonstrating the compatibility of an expansive judicial role with libertarian political theory.

Interpreting the Constitution

Author: Erwin Chemerinsky

Publisher: ABC-CLIO

ISBN: 0275926745

Category: Business & Economics

Page: 195

View: 9332

"Interpreting The Constitution" doesn't fit neatly into the extensive literature on judicial review and constitutional interpretation that reconciles judicial review with democracy defined as majority rule. Indeed, Chemerinsky criticizes this method of interpretation and contends that the Constitution exists to protect political minorities and fundamental rights from majority rule. Chapter by chapter, he keenly defends this unique method of interpretation, challenges the general approach, and offers thorough, expert coverage.

Just Married

Same-sex Couples, Monogamy, and the Future of Marriage

Author: Stephen Macedo

Publisher: N.A

ISBN: 9780691166483

Category: Law

Page: 320

View: 2140

The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygamy, adult incest, and the dissolution of marriage as we know it. Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. Just Married demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage. Stephen Macedo displays the groundlessness of arguments against same-sex marriage and defends marriage as a public institution against those who would eliminate its special status or supplant it with private arrangements. Arguing that monogamy reflects and cultivates our most basic democratic values, Macedo opposes the legal recognition of polygamy, but agrees with progressives that public policies should do more to support nontraditional caring and caregiving relationships. Throughout, Macedo explores the meaning of contemporary marriage and the reasons for its fragility and its enduring significance. His defense of reformed marriage against slippery slope alarmists on the right, and radical critics of marriage on the left, vindicates the justice and common sense of the emerging consensus. Casting new light on today's debates over the future of marriage, Just Married lays the groundwork for a stronger institution.

The Roberts Court

The Struggle for the Constitution

Author: Marcia Coyle

Publisher: Simon and Schuster

ISBN: 145162753X

Category: Political Science

Page: 416

View: 6673

The Roberts Court, seven years old, sits at the center of a constitutional maelstrom. Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr. Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.

In the Balance: Law and Politics on the Roberts Court

Author: Mark Tushnet

Publisher: W. W. Norton & Company

ISBN: 0393241432

Category: Law

Page: 352

View: 5039

An examination of the initial years of the Roberts Court and the intellectual battle between Roberts and Kagan for leadership. When John Roberts was appointed chief justice of the Supreme Court, he said he would act as an umpire. Instead, his Court is reshaping legal precedent through decisions unmistakably—though not always predictably—determined by politics as much as by law, on a Court almost perfectly politically divided. Harvard Law School professor and constitutional law expert Mark Tushnet clarifies the lines of conflict and what is at stake on the Supreme Court as it hangs “in the balance” between its conservatives and its liberals. Clear and deeply knowledgeable on both points of law and the Court’s key players, Tushnet offers a nuanced and surprising examination of the initial years of the Roberts Court. Covering the legal philosophies that have informed decisions on major cases such as the Affordable Care Act, the political structures behind Court appointments, and the face-off between John Roberts and Elena Kagan for intellectual dominance of the Court, In the Balance is a must-read for anyone looking for fresh insight into the Court’s impact on the everyday lives of Americans.

Closing the Courthouse Door

How Your Constitutional Rights Became Unenforceable

Author: Erwin Chemerinsky

Publisher: Yale University Press

ISBN: 0300224907

Category: Law

Page: 256

View: 2322

A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court The Supreme Court s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts primary purpose, and they should not be barred from considering any constitutional question.

The Case Against the Supreme Court

Author: Erwin Chemerinsky

Publisher: Penguin Books

ISBN: 0143128000

Category: History

Page: 400

View: 4188

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.

How Judges Think

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674033833

Category: Law

Page: 400

View: 8217

A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

The Forgotten Memoir of John Knox

A Year in the Life of a Supreme Court Clerk in FDR's Washington

Author: John Knox,Dennis J. Hutchinson,David J. Garrow

Publisher: University of Chicago Press

ISBN: 9780226448626

Category: Biography & Autobiography

Page: 288

View: 9994

Recapturing life in Washington, D.C., when it was still a genteel Southern town, this personal memoir was written by law clerk John Knox (1907-1997), private secretary to U.S. Supreme Court Justice James C. McReynolds. 16 halftones.

Global Value Chains in a Changing World

Author: Deborah Kay Elms,Patrick Low

Publisher: N.A

ISBN: 9789287038821

Category: Business & Economics

Page: 409

View: 616

A collection of papers by some of the world's leading specialists on global value chains (GVCs). It examines how GVCs have evolved and the challenges they face in a rapidly changing world. The approach is multi-disciplinary, with contributions from economists, political scientists, supply chain management specialists, practitioners and policy-makers. Co-published with the Fung Global Institute and the Temasek