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Law and Legitimacy in the Supreme Court
Author: Richard H. Fallon
Publisher: Harvard University Press
Published: 2018-02-19
Total Pages: 237
ISBN-13: 0674975812
DOWNLOAD EBOOK →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
Courting Justice
Author: Joyce Murdoch
Publisher:
Published: 2002-05-09
Total Pages: 602
ISBN-13: 0786730943
DOWNLOAD EBOOK →Since 1958, twenty-five men and two women have forced the Supreme Court to consider whether the Constitution's promises of equal protection apply to gay Americans. Here Joyce Murdoch and Deb Price reveal how the nation's highest court has reacted to these cases--from the surprising 1958 victory of a tiny homosexual magazine to the 2000 defeat of a gay Eagle Scout. A triumph of investigative reporting, Courting Justice gives us an inspiring new perspective on the struggle for civil rights in America.
Courting Death
Author: Carol S. Steiker
Publisher: Harvard University Press
Published: 2016-11-07
Total Pages: 401
ISBN-13: 0674737423
DOWNLOAD EBOOK →Refusing to eradicate the death penalty, the U.S. has attempted to reform and rationalize capital punishment through federal constitutional law. While execution chambers remain active in several states, Carol Steiker and Jordan Steiker argue that the fate of the American death penalty is likely to be sealed by this failed judicial experiment.
Courting Constitutionalism
Author: Moeen Cheema
Publisher: Cambridge University Press
Published: 2021-12-16
Total Pages: 289
ISBN-13: 1108831885
DOWNLOAD EBOOK →Presents a deeply contextualized account of public law and judicial review in Pakistan.
A Court Divided
Author: Mark V. Tushnet
Publisher: W. W. Norton & Company
Published: 2005
Total Pages: 392
ISBN-13: 9780393058680
DOWNLOAD EBOOK →In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.
In the Balance: Law and Politics on the Roberts Court
Author: Mark Tushnet
Publisher: W. W. Norton & Company
Published: 2013-09-30
Total Pages: 345
ISBN-13: 0393241432
DOWNLOAD EBOOK →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.
Courting Disaster
Author: Pat Robertson
Publisher: Thomas Nelson
Published: 2008-11-02
Total Pages: 261
ISBN-13: 1418576107
DOWNLOAD EBOOK →In this book, Pat Robertson examines the threat of "no judicial limits" to the Christian heritage of our country, and how it has steadily eroded the power of both representative government and democracy itself.
Courting Conflict
Author: Lisa Hajjar
Publisher: Univ of California Press
Published: 2005-01-31
Total Pages: 337
ISBN-13: 0520937988
DOWNLOAD EBOOK →Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.
The Constrained Court
Author: Michael A. Bailey
Publisher: Princeton University Press
Published: 2011-08-22
Total Pages: 216
ISBN-13: 1400840260
DOWNLOAD EBOOK →How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.
