Download or read book Constitutional Law Judicial Policy Making written by Joel B. Grossman and published by John Wiley & Sons. This book was released on 1980 with total page 1596 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Making Policy Making Law written by Mark C. Miller and published by Georgetown University Press. This book was released on 2004-08-23 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.

Download or read book Constitutional law and judicial policy making written by Joel B. Grossman and published by . This book was released on 1972 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Law and Judicial Policy Making written by and published by . This book was released on 1975 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judging Law and Policy written by Robert M. Howard and published by Routledge. This book was released on 2012-03-22 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.

Download or read book Constitutional Law and Judicial Policy Making written by and published by . This book was released on 1975 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Law for a Changing America written by Lee Epstein and published by . This book was released on 1993 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judicial Process and Judicial Policymaking written by G. Alan Tarr and published by Routledge. This book was released on 2019-06-04 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: An excellent introduction to judicial politics as a method of analysis, the seventh edition of Judicial Process and Judicial Policymaking focuses on policy in the judicial process. Rather than limiting the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: 1) Courts in the United States have always played an important role in governing and their role has increased in recent decades; 2) Judicial policymaking is a distinctive activity; 3) Courts make policy in a variety of ways; and 4) Courts may be the objects of public policy, as well as creators. New to the Seventh Edition ■ New cases through the end of the Supreme Court’s 2018 term. ■ New case studies on the Garland-Gorsuch controversy; plea negotiation (of special relevance to the Trump administration); and the litigation over Obamacare, as well as brief coverage of the Kavanaugh confirmation. ■ Expanded coverage of the crisis in the legal profession, sentencing with attention to the rise of mass incarceration and the issue of race, constitutional interpretation and the rise of “originalism,” and same-sex marriage. ■ Updated tables and figures throughout. ■ A new online e-Resource including edited cases, a glossary of terms, and resources for further learning. This text is appropriate for all students of judicial process and policy.

Download or read book Judicial Law Making in European Constitutional Courts written by Monika Florczak-Wątor and published by Routledge. This book was released on 2020-05-07 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.

Download or read book Constitutional Conscience written by H. Jefferson Powell and published by University of Chicago Press. This book was released on 2008-09-15 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.

Download or read book 1974 Ed Supplement Cases Constitutional Law written by Emiliano Grossman and published by . This book was released on 1974 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Law and Judicial Policy Making written by Joel B. Grossman and published by . This book was released on 1983 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 455 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.

Download or read book American Judicial Politics written by Harry P. Stumpf and published by . This book was released on 1998 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Targeted to students and teachers who have a background in the basics of American government and constitutional law and who are ready to seriously address the roles of the judicial establishment, how the judiciary is structured, how judicial processes are played out, and the extent and nature of jud

Download or read book The Idea of Human Rights written by Michael J. Perry and published by Oxford University Press, USA. This book was released on 1998 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by a 1988 trip to El Salvador, Michael J. Perry's new book is a personal and scholarly exploration of the idea of human rights. Perry is one of our nation's leading authorities on the relation of morality, including religious morality, to politics and law. He seeks, in this book, to disentangle the complex idea of human rights by way of four probing and interrelated essays.The book will appeal to students of many disciplines, including (but not limited to) law, philosophy, religion, and politics. Copyright © Libri GmbH. All rights reserved.

Download or read book The Judicial Process written by Christopher P. Banks and published by CQ Press. This book was released on 2015-02-19 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

Download or read book Constitutional Law written by Erwin Chemerinsky and published by Aspen Publishing. This book was released on 2019-06-17 with total page 1520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Relied on by students, professors, and practitioners, Erwin Chemerinsky’s popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law. Thorough coverage of the topic makes it appropriate for both beginning and advanced courses. New to the Sixth Edition: New discussion of the Preamble to the Constitution in Ch. 1 Discussion of many new cases throughout the book. Major new decisions include: Masterpiece Cakeshop v. Colorado Civil Rights Commission; Gill v. Whitford; Zivotofsky v. Kerry; Lucia v. SEC; South Dakota v. Wayfair; Fisher v. University of Texas, Austin; Obergefell v. Hodges; Whole Women’s Health v. Hellerstedt; Matal v. Tam; Williams-Yulee v. Florida State Bar; National Institute of Family and Life Advocates v. Becerra; Janus v. American Federation; Town of Greece v. Galloway; and Trinity Lutheran Church of Columbia v. Comer New materials on presidential power, immigration, and travel bans under the Trump administration, including IRAP v. Trump and Hawaii v. Trump Professors and students will benefit from: Renowned authorship Examination of black-letter law and all the myriad issues of constitutional interpretation with unrivaled thoroughness and lucidity Excellent historical overview of the creation and ratification of the Constitution, examining the existential question of why we have a constitution