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 Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution.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.
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.
Download or read book Enduring Conviction written by Lorraine K. Bannai and published by University of Washington Press. This book was released on 2015-11-02 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fred Korematsu’s decision to resist F.D.R.’s Executive Order 9066, which provided authority for the internment of Japanese Americans during World War II, was initially the case of a young man following his heart: he wanted to remain in California with his white fiancée. However, he quickly came to realize that it was more than just a personal choice; it was a matter of basic human rights. After refusing to leave for incarceration when ordered, Korematsu was eventually arrested and convicted of a federal crime before being sent to the internment camp at Topaz, Utah. He appealed his conviction to the Supreme Court, which, in one of the most infamous cases in American legal history, upheld the wartime orders. Forty years later, in the early 1980s, a team of young attorneys resurrected Korematsu’s case. This time, Korematsu was victorious, and his conviction was overturned, helping to pave the way for Japanese American redress. Lorraine Bannai, who was a young attorney on that legal team, combines insider knowledge of the case with extensive archival research, personal letters, and unprecedented access to Korematsu his family, and close friends. She uncovers the inspiring story of a humble, soft-spoken man who fought tirelessly against human rights abuses long after he was exonerated. In 1998, President Bill Clinton awarded Korematsu the Presidential Medal of Freedom.
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 2009 with total page 1460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Download or read book Sojourner in the Promised Land written by Jan Shipps and published by University of Illinois Press. This book was released on 2000 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sojourner in the Promised Land presents an unusual parallel history in which Shipps surrounds her professional writings about the Latter-day Saints with an ongoing personal description of her encounters with them. By combining a portrait of the dynamic evolution of contemporary Mormonism with absorbing intellectual autobiography, Shipps illuminates the Mormons and at the same time shares with the reader what it has been like to be an intimate outsider in a culture that remains for her both familiar and strange.
Download or read book Justice at War written by Peter Irons and published by Univ of California Press. This book was released on 1993-06-10 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice at War irrevocably alters the reader's perception of one of the most disturbing events in U.S. history—the internment during World War II of American citizens of Japanese descent. Peter Irons' exhaustive research has uncovered a government campaign of suppression, alteration, and destruction of crucial evidence that could have persuaded the Supreme Court to strike down the internment order. Irons documents the debates that took place before the internment order and the legal response during and after the internment.
Download or read book The Rights Revolution written by Charles R. Epp and published by University of Chicago Press. This book was released on 1998-10-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.
Download or read book The Mormon Menace written by Patrick Mason and published by Oxford University Press. This book was released on 2011-02-16 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: "It incarnates every unclean beast of lust, guile, falsehood, murder, despotism and spiritual wickedness." So wrote a prominent Southern Baptist official in 1899 of Mormonism. Rather than the "quintessential American religion," as it has been dubbed by contemporary scholars, in the late nineteenth century Mormonism was America's most vilified homegrown faith. A vast national campaign featuring politicians, church leaders, social reformers, the press, women's organizations, businessmen, and ordinary citizens sought to end the distinctive Latter-day Saint practice of plural marriage, and to extinguish the entire religion if need be. Placing the movement against polygamy in the context of American and southern history, Mason demonstrates that anti-Mormonism was one of the earliest vehicles for reconciliation between North and South after the Civil War and Reconstruction. Southerners joined with northern reformers and Republicans to endorse the use of newly expanded federal power to vanquish the perceived threat to Christian marriage and the American republic. Anti-Mormonism was a significant intellectual, legal, religious, and cultural phenomenon, but in the South it was also violent. While southerners were concerned about distinctive Mormon beliefs and political practices, they were most alarmed at the "invasion" of Mormon missionaries in their communities and the prospect of their wives and daughters falling prey to polygamy. Moving to defend their homes and their honor against this threat, southerners turned to legislation, to religion, and, most dramatically, to vigilante violence. The Mormon Menace provides new insights into some of the most important discussions of the late nineteenth century and of our own age, including debates over the nature and limits of religious freedom; the contest between the will of the people and the rule of law; and the role of citizens, churches, and the state in regulating and defining marriage.
Download or read book The Kurdish National Movement written by Gerald P. Lopez and published by Westview Press. This book was released on 1992-07-09 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Confirmation Hearing on Federal Appointments written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2003 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book In the Shadow of Korematsu written by Eric K. Yamamoto and published by Oxford University Press. This book was released on 2018 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration. It charts policymakers' and judges' "chameleonic deployment" of the muddled high court ruling alternatively to legitimate or to reject present-day security actions that undercut fundamental rights to freedom, association, religious choice, due process, and equality - rights of immigrants and citizens, protestors and justice organizations, worshippers, and journalists.
Download or read book Rights at Work written by Michael W. McCann and published by University of Chicago Press. This book was released on 1994-07-15 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: McCann explains how wage discrimination battles have raised public legal consciousness and helped reform activists mobilize working women in the pay equity movement over the past two decades. Rights at Work explores the political strategies in more than a dozen pay equity struggles since the late 1970s, including battles of state employees in Washington and Connecticut, as well as city employees in San Jose and Los Angeles. Relying on interviews with over 140 union and feminist activists, McCann shows that, even when the courts failed to correct wage discrimination, litigation and other forms of legal advocacy provided reformers with the legal discourse--the understanding of legal rights and their constraints--for defining and advancing their cause.
Download or read book Friends of the Supreme Court Interest Groups and Judicial Decision Making written by Paul M. Collins, Jr. and published by Oxford University Press. This book was released on 2008-08-15 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.
Download or read book The Health of Newcomers written by Patricia Illingworth and published by NYU Press. This book was released on 2017-01-24 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration and health care are hotly debated and contentious issues. Policies that relate to both issues—to the health of newcomers—often reflect misimpressions about immigrants, and their impact on health care systems. Despite the fact that immigrants are typically younger and healthier than natives, and that many immigrants play a vital role as care-givers in their new lands, native citizens are often reluctant to extend basic health care to immigrants, choosing instead to let them suffer, to let them die prematurely, or to expedite their return to their home lands. Likewise, many nations turn against immigrants when epidemics such as Ebola strike, under the false belief that native populations can be kept well only if immigrants are kept out. In The Health of Newcomers, Patricia Illingworth and Wendy E. Parmet demonstrate how shortsighted and dangerous it is to craft health policy on the basis of ethnocentrism and xenophobia. Because health is a global public good and people benefit from the health of neighbor and stranger alike, it is in everyone’s interest to ensure the health of all. Drawing on rigorous legal and ethical arguments and empirical studies, as well as deeply personal stories of immigrant struggles, Illingworth and Parmet make the compelling case that global phenomena such as poverty, the medical brain drain, organ tourism, and climate change ought to inform the health policy we craft for newcomers and natives alike.
Download or read book The Environmental Rights Revolution written by David R. Boyd and published by UBC Press. This book was released on 2011-11-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Download or read book Reproductive Rights and Justice Stories written by Melissa Murray and published by Foundation Press. This book was released on 2019-04-23 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells the movement and litigation stories behind important reproductive rights and justice cases. The twelve chapters span topics including contraception, abortion, pregnancy, and assisted reproductive technologies, telling the stories of these cases using a wide-lens perspective that illuminates the complex ways law is debated and forged--in social movements, in representative government, and in courts. Some of the chapters shed new light on cases that are very much part of the constitutional law canon--Griswold v. Connecticut, Roe v. Wade, Planned Parenthood v. Casey, Nevada Department of Human Resources v. Hibbs. Others introduce the reader to new cases from state and lower federal courts that illuminate paths not taken in the law. Reading the cases together highlights the lived horizon in which individuals have encountered and struggled with questions of reproductive rights and justice at different eras in our nation's history--and so reveals the many faces of law and legal change. The volume is being published at a critical and perhaps pivotal moment for this area of law. The changing composition of the Supreme Court, increased executive and legislative action, and shifting political interests have all pushed issues of reproductive rights and justice to the forefront of contemporary discourse. The volume is suited to a wide range of law school courses, including constitutional law, family law, employment law, and reproductive rights and justice; it could also be assigned in undergraduate or graduate courses on history, gender studies, and reproductive rights and justice.
