Judges Against Justice

Judges Against Justice PDF

Author: Hans Petter Graver

Publisher: Springer

Published: 2014-09-11

Total Pages: 297

ISBN-13: 3662442930

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This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?

Uncertain Justice

Uncertain Justice PDF

Author: Laurence Tribe

Publisher: Macmillan

Published: 2014-06-03

Total Pages: 416

ISBN-13: 0805099093

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An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.

Black Judges on Justice

Black Judges on Justice PDF

Author: Linn Washington

Publisher:

Published: 1994

Total Pages: 290

ISBN-13: 9781565844377

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The views of leading African American jurists from around the country on the way our judicial system works. Included is an interview with Abigail R. Rogers, South Carolina's first female African American judge.

Court Justice

Court Justice PDF

Author: Ed O'Bannon

Publisher: Diversion Books

Published: 2018-02-13

Total Pages:

ISBN-13: 1635762618

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“Like Curt Flood and Oscar Robertson, who paved the way for free agency in sports, Ed O’Bannon decided there was a principle at stake... O’Bannon gave the movement to reform college sports...passion and purpose, animated by righteous indignation.” —Jeremy Schaap, ESPN journalist and New York Times bestselling author In 2009, Ed O’Bannon, once a star for the 1995 NCAA Champion UCLA Bruins and a first-round NBA draft pick, thought he’d made peace with the NCAA’s exploitive system of “amateurism.” College athletes generated huge profits, yet—training nearly full-time, forced to tailor coursework around sports, often pawns in corrupt investigations—they saw little from those riches other than revocable scholarships and miniscule chances of going pro. Still, that was all in O’Bannon’s past...until he saw the video game NCAA Basketball 09. As avatars of their college selves—their likenesses, achievements, and playing styles—O’Bannon and his teammates were still making money for the NCAA. So, when asked to fight the system for players past, present, and future—and seeking no personal financial reward, but rather the chance to make college sports more fair—he agreed to be the face of what became a landmark class-action lawsuit. Court Justice brings readers to the front lines of a critical battle in the long fight for players’ rights while also offering O’Bannon’s unique perspective on today’s NCAA recruiting scandals. From the basketball court to the court of law facing NCAA executives, athletic directors, and “expert” witnesses; and finally to his innovative ideas for reform, O’Bannon breaks down history’s most important victory yet against the inequitable model of multi-billion-dollar “amateur” sports.

The Authority of the Court and the Peril of Politics

The Authority of the Court and the Peril of Politics PDF

Author: Stephen Breyer

Publisher: Harvard University Press

Published: 2021-09-14

Total Pages: 113

ISBN-13: 0674269365

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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.

Judge Richard S. Arnold

Judge Richard S. Arnold PDF

Author: Polly J. Price

Publisher: Prometheus Books

Published: 2009-09-25

Total Pages: 468

ISBN-13: 161592101X

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Through internal court documents, interviews, and Arnold's diaries, Price traces the former judge's life, career, and political transformation from an elite Southerner with deep misgivings about "Brown v. Board of Education" to a modern champion of civil rights.

Justice Deferred

Justice Deferred PDF

Author: Orville Vernon Burton

Publisher: Harvard University Press

Published: 2021-05-04

Total Pages: 465

ISBN-13: 0674975642

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In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.

American Original

American Original PDF

Author: Joan Biskupic

Publisher: Sarah Crichton Books

Published: 2009-11-10

Total Pages: 448

ISBN-13: 1429990015

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The first full-scale biography of the Supreme Court's most provocative—and influential—justice If the U.S. Supreme Court teaches us anything, it is that almost everything is open to interpretation. Almost. But what's inarguable is that, while the Court has witnessed a succession of larger-than-life jurists in its two-hundred-year-plus history, it has never seen the likes of Supreme Court Justice Antonin Scalia. Combative yet captivating, infuriating yet charming, the outspoken jurist remains a source of curiosity to observers across the political spectrum and on both sides of the ideological divide. And after nearly a quarter century on the bench, Scalia may be at the apex of his power. Agree with him or not, Scalia is "the justice who has had the most important impact over the years on how we think and talk about the law," as the Harvard law dean Elena Kagan, now U.S. Solicitor General, once put it. Scalia electrifies audiences: to hear him speak is to remember him; to read his writing is to find his phrases permanently affixed in one's mind. But for all his public grandstanding, Scalia has managed to elude biographers—until now. In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, the veteran Washington journalist Joan Biskupic presents for the first time a detailed portrait of this complicated figure and provides a comprehensive narrative that will engage Scalia's adherents and critics alike. Drawing on her long tenure covering the Court, and on unprecedented access to the justice, Biskupic delves into the circumstances of his rise and the formation of his rigorous approach to the bench. Beginning with the influence of Scalia's childhood in a first-generation Italian American home, American Original takes us through his formative years, his role in the Nixon-Ford administrations, and his trajectory through the Reagan revolution. Biskupic's careful reporting culminates with the tumult of the contemporary Supreme Court—where it was and where it's going, with Scalia helping to lead the charge. Even as Democrats control the current executive and legislative branches, the judicial branch remains rooted in conservatism. President Obama will likely appoint several new justices to the Court—but it could be years before those appointees change the tenor of the law. With his keen mind, authoritarian bent, and contentious rhetorical style, Scalia is a distinct and persuasive presence, and his tenure is far from over. This new book shows us the man in power: his world, his journey, and the far-reaching consequences of the transformed legal landscape.

The Judge, the Judiciary and the Court

The Judge, the Judiciary and the Court PDF

Author: Gabrielle Appleby

Publisher: Cambridge University Press

Published: 2021-04-29

Total Pages: 341

ISBN-13: 1108852041

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The Judge, the Judiciary and the Court is aimed at anyone interested in the Australian judiciary today. It examines the impact of the individual on the judicial role, while exploring the collegiate environment in which judges must operate. This professional community can provide support but may also present its own challenges within the context of a particular court's relational dynamic and culture. The judge and the judiciary form the 'court', an institution grounded in a set of constitutional values that will influence how judges and the judiciary perform their functions. This collection brings together analysis of the judicial role that highlights these unique aspects, particularly in the Australian setting. Through the lenses of judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture, it analyses how judges work individually and as a collective to protect and promote the institutional values of the court.

Justice and the Judiciary

Justice and the Judiciary PDF

Author: Georghios M. Pikis

Publisher: Martinus Nijhoff Publishers

Published: 2012-08-01

Total Pages: 129

ISBN-13: 9004232397

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The book is meant to elucidate the concept of justice and its dictates in the various fields of life as well as the implications of injustice. Human rights, the rule of law and democracy are the offspring of justice. The Judiciary is the agent of justice, the persona of justice, trusted to uphold justice in the ever-changing circumstances of life. Of old, justice was perceived as encompassing all virtues. It has a pananthropic character charting the way for symmetry in life and the ascent of man. The book has a lego-philosophical character of interest to every anthropological and societal discipline.