Download or read book Rationing Justice on Appeal written by Thomas E. Baker and published by . This book was released on 1994 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rationing Justice on Appeal written by Thomas E. Baker and published by . This book was released on 1994 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rationing the Constitution written by Andrew Coan and published by Harvard University Press. This book was released on 2019-04-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Download or read book Rationing Justice written by Kris Shepard and published by LSU Press. This book was released on 2009-04-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established in 1964, the federal Legal Services Program (later, Corporation) served a vast group of Americans desperately in need of legal counsel: the poor. In Rationing Justice, Kris Shepard looks at this pioneering program's effect on the Deep South, as the poor made tangible gains in cases involving federal, state, and local social programs, low-income housing, consumer rights, domestic relations, and civil rights. While poverty lawyers, Shepard reveals, did not by themselves create a legal revolution in the South, they did force southern politicians, policy makers, businessmen, and law enforcement officials to recognize that they could not ignore the legal rights of low-income citizens. Having survived for four decades, America's legal services program has adapted to ever-changing political realities, including slashed budgets and severe restrictions on poverty law practice adopted by the Republican-led Congress of the mid-1990s. With its account of the relationship between poverty lawyers and their clients, and their interaction with legal, political, and social structures, Rationing Justice speaks poignantly to the possibility of justice for all in America.
Download or read book Just Caring written by Leonard M. Fleck and published by Oxford University Press. This book was released on 2009 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to be a "just" and "caring" society when we have only limited resources to meet unlimited health care needs? Do we believe that all lives are of equal value? Is human life priceless? Should a "just" and "caring" society refuse to put limits on health care spending? In Just Caring, Leonard Fleck reflects on the central moral and political challenges of health reform today. He cites the millions of Americans who go without health insurance, thousands of whom die prematurely, unable to afford the health care needed to save their lives. Fleck considers these deaths as contrary to our deepest social values, and makes a case for the necessity of health care rationing decisions. The core argument of this book is that no one has a moral right to impose rationing decisions on others if they are unwilling to impose those same rationing decisions on themselves in the same medical circumstances. Fleck argues we can make health care rationing fair, in ways that are mutually respectful, if we engage in honest rational democratic deliberation. Such civic engagement is rare in our society, but the alternative is endless destructive social controversy that is neither just nor caring.
Download or read book Identified Versus Statistical Lives written by I. Glenn Cohen and published by . This book was released on 2015 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The identified lives effect describes the fact that people demonstrate a stronger inclination to assist persons and groups identified as at high risk of great harm than those who will or already suffer similar harm, but endure unidentified. As a result of this effect, we allocate resources reactively rather than proactively, prioritizing treatment over prevention. For example, during the August 2010 gold mine cave-in in Chile, where ten to twenty million dollars was spent by the Chilean government to rescue the 33 miners trapped underground. Rather than address the many, more cost effective mine safety measures that should have been implemented, the Chilean government and international donors concentrated efforts in large-scale missions that concerned only the specific group. Such bias as illustrated through this incident raises practical and ethical questions that extend to almost every aspect of human life and politics. What can social and cognitive sciences teach us about the origin and triggers of the effect? Philosophically and ethically, is the effect a "bias" to be eliminated or is it morally justified? What implications does the effect have for health care, law, the environment and other practice domains? This volume is the first to take an interdisciplinary approach toward answering this issue of identified versus statistical lives by considering a variety of perspectives from psychology, public health, law, ethics, and public policy.
Download or read book Injustice On Appeal written by William M. Richman and published by . This book was released on 2013-01-10 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Injustice on Appeal: The United States Courts of Appeals in Crisis, William M. Richman and William L. Reynolds chronicle the transformation of the United States Circuit Courts. will constitute a powerful piece of advocacy for a more responsible and egalitarian approach to caseload glut facing the circuit courts.
Download or read book A Primer on the Jurisdiction of the U S Courts of Appeals written by Thomas E. Baker and published by . This book was released on 2009 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rebooting Justice written by Benjamin H. Barton and published by Encounter Books. This book was released on 2017-08-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Download or read book We Will Shoot Back written by Akinyele Omowale Umoja and published by NYU Press. This book was released on 2014-08-22 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The notion that the civil rights movement in the southern United States was a nonviolent movement remains a dominant theme of civil rights memory and representation in popular culture. Yet in dozens of southern communities, Black people picked up arms to defend their leaders, communities, and lives. In particular, Black people relied on armed self-defense in communities where federal government officials failed to safeguard activists and supporters from the violence of racists and segregationists, who were often supported by local law enforcement. In We Will Shoot Back: Armed Resistance in the Mississippi Freedom Movement, Akinyele Omowale Umoja argues that armed resistance was critical to the efficacy of the southern freedom struggle and the dismantling of segregation and Black disenfranchisement. Intimidation and fear were central to the system of oppression in Mississippi and most of the Deep South. To overcome the system of segregation, Black people had to overcome fear to present a significant challenge to White domination. Armed self-defense was a major tool of survival in allowing some Black southern communities to maintain their integrity and existence in the face of White supremacist terror. By 1965, armed resistance, particularly self-defense, was a significant factor in the challenge of the descendants of enslaved Africans to overturning fear and intimidation and developing different political and social relationships between Black and White Mississippians. This riveting historical narrative relies upon oral history, archival material, and scholarly literature to reconstruct the use of armed resistance by Black activists and supporters in Mississippi to challenge racist terrorism, segregation, and fight for human rights and political empowerment from the early 1950s through the late 1970s."--Publisher's website.
Download or read book Rationing Justice written by Thomas Ehrlich and published by . This book was released on 1979 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Yale Law Journal Volume 123 Number 7 May 2014 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2014-05-15 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The May 2014 issue of The Yale Law Journal features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: • Article, "Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation," by Kristin Collins • Article, "Legitimacy and Federal Criminal Enforcement Power," by Lauren M. Ouziel • Feature, "The Age of Consent," by Philip C. Bobbitt • Review, "Judging Justice on Appeal," by Marin K. Levy • Note, "The Growth of Litigation Finance in DOJ Whistleblower Suits: Implications and Recommendations," by Mathew Andrews • Note, "Reducing Inequality on the Cheap: When Legal Rule Design Should Incorporate Equity as Well as Efficiency," by Zachary Liscow • Note, "Domestic Violence Asylum After Matter of L-R-," by Jessica Marsden • Comment, "Beating Blackwater: Using Domestic Legislation to Enforce the International Code of Conduct for Private Military Companies," by Reema Shah This quality ebook edition features linked notes, active Contents, active URLs in notes, and proper Bluebook formatting. This May 2014 issue is Volume 123, Number 7.
Download or read book Origins and Meaning of Section 92A written by J. Peter Meekison and published by IRPP. This book was released on 1985 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an attempt to answer, to the extent that they can be answered without judicial decisions to clarify some doubtful issues, questions concerning section 92A of the Constitution. Critical questions for the people of Western Canada and the petroleum industry, they include queries concerning the shift in provincial versus federal powers.
Download or read book Specializing the Courts written by Lawrence Baum and published by University of Chicago Press. This book was released on 2011 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas, and the degree of specialization has grown over time. Specializing the Courts provides the first comprehensive analysis of specialization in the federal and state court systems.
Download or read book Common Law Judging written by Douglas E. Edlin and published by University of Michigan Press. This book was released on 2020-03-06 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.
Download or read book At War with Civil Rights and Civil Liberties written by Thomas E. Baker and published by Rowman & Littlefield. This book was released on 2006 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Two hundred and eleven years ago, Congress proposed and the states ratified the Bill of Rights. Since that time, these rights have been challenged over and over again. The Alien and Sedition Acts, the Civil War, the "Red Scares" during both World Wars, the Cold War and its permanent crisis mentality, the Vietnam era and its civil unrest, and now the War on Terrorism--all are points along a line of contested history and conflict. Each of these crises generated stresses and strains for our constitutional guarantees of civil rights and liberties. This book looks at the War on Terrorism and the campaigns in Afghanistan and Iraq through the lenses of constitutional law and American politics. A cohesive set of essays by leading legal scholars brings these challenges into sharp focus, offering a unique perspective on executive power, the rule of law, and the delicate balance between rights, liberties, and threats.'--Publisher.
Download or read book Court of Appeals for the Federal Circuit 1981 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and published by . This book was released on 1981 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt:
