Download or read book The Contours of Judicial Tenure in State Courts of Last Resort written by Todd A. Curry and published by . This book was released on 2011 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of state courts of last resort is a field which has, up until recently, been significantly underrepresented in political science. The bulk of work in judicial politics over the last fifty years has focused on the federal system. Furthermore, the study of state courts allows for a true comparative analysis. The methods of selection used for the staffing of state courts of last resort are highly varied. There are five distinctly different methods which are used for judicial selection in the states, and many states have institutional nuances that provide further variation for study. This dissertation will utilize event history analysis to examine if the method of selection in state courts of last resort has a causal effect on the tenure of Supreme Court justices under a variety of different political contexts. Event history analysis is the appropriate method in order to answer this question, as it will allow me to examine first, what the determinants of judicial tenure length are, and second, compare the selection methods to each other. I will examine three related aspects of methods of selection for state supreme courts. First, I will enter the debate concerning the accountability and independence elicited by the different methods of selection. Second, I will examine the effect of campaign spending by challengers and incumbents on the length of judicial tenure in states which utilize elections. Third, I will examine to what level judges across all methods of selection behave strategically with regard to retirement. I find that out of out each of the methods of selection, partisan elections exhibit the most accountability, with retention elections exhibiting the least. Also, in states which elect their judges, the amount of money spent during the election has no statistical effect on the term length of the justice. Finally, justices in all systems are likely to engage in strategic retirement, however in different ways. Justices who are elected retire when their likelihood of electoral defeat is high while justices who are appointed are likely to retire when an ideologically congruent body can choose their replacement.
Download or read book Contours of African American Politics written by Georgia A. Persons and published by Routledge. This book was released on 2017-07-05 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contours of African American Politics chronicles the systematic study of African American politics and its subsequent recognition as an established field of scholarly inquiry. African American politics emanates from the demands of the prolonged struggle for black liberation and empowerment. Hence, the study of African American politics has sought to track, codify, and analyse the struggle that has been mounted, and to understand the historic and changing political status of African Americans within American society. This two-volume set presents a selection of scholarship on African American politics as it appeared in The National Political Science Review from its initial launch in 1989 to the spring of 2009. Represented are contributions from some of the leading scholars of African American politics, who have helped to establish and sustain the field. The volumes are organised around themes that derive from the unfolding real-life drama of African American politics and its subsequent scholarly treatment. The result is a window into the political efforts that meld the historically disparate strands of black political expressions into a reconstructed and strategically nimble, electoral-based mass mobilisation necessary for optimising the impact of the African American vote. Sections in the volumes also chronicle the evolution of the National Conference of Black Political Scientists as a professional organisation. The two volumes illuminate a pivotal epoch in black political empowerment and provide a context for the future of black politics.
Download or read book The Oxford Companion to the Supreme Court of the United States written by and published by . This book was released on with total page 1270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Companion to the Supreme Court of the United States written by Kermit L. Hall and published by Oxford University Press. This book was released on 2005-05-19 with total page 1270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court has continued to write constitutional history over the thirteen years since publication of the highly acclaimed first edition of The Oxford Companion to the Supreme Court. Two new justices have joined the high court, more than 800 cases have been decided, and a good deal of new scholarship has appeared on many of the topics treated in the Companion. Chief Justice William H. Rehnquist presided over the impeachment trial of President Bill Clinton, and the Court as a whole played a decisive and controversial role in the outcome of the 2000 presidential election. Under Rehnquists's leadership, a bare majority of the justices have rewritten significant areas of the law dealing with federalism, sovereign immunity, and the commerce power. This new edition includes new entries on key cases and fully updated treatment of crucial areas of constitutional law, such as abortion, freedom of religion, school desegregation, freedom of speech, voting rights, military tribunals, and the rights of the accused. These developments make the second edition of this accessible and authoritative guide essential for judges, lawyers, academics, journalists, and anyone interested in the impact of the Court's decisions on American society.
Download or read book Perils of Judicial Self Government in Transitional Societies written by David Kosař and published by Cambridge University Press. This book was released on 2016-04 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Download or read book The Constitution Today written by Akhil Reed Amar and published by Basic Books. This book was released on 2016-09-13 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading legal scholar addresses the most important constitutional controversies of the past two decades and illuminates the Constitution's spirit and ongoing relevance America's Constitution, Chief Justice John Marshall famously observed in McCulloch v. Maryland, aspires "to endure for ages to come." The daily news has a shorter shelf life, and when the issues of the day involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades and provides a passionate handbook for thinking constitutionally about today's headlines. Amar shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic. Prioritizing sound constitutional reasoning over partisan preferences, he makes the case for diversity-based affirmative action and a right to have a gun in one's home for self-protection, and against spending caps on independent political advertising and bans on same-sex marriage. He explains what's wrong with presidential dynasties, advocates a "nuclear option" to restore majority rule in the Senate, and suggests ways to reform the Supreme Court. And he revisits three dramatic constitutional conflicts -- the impeachment of Bill Clinton, the contested election of George W. Bush, and the fight over Barack Obama's Affordable Care Act -- to show what politicians, judges, and journalists got right as events unfolded and what they missed. Leading readers through the particular constitutional questions at stake in each episode while outlining his abiding views regarding the Constitution's letter, its spirit, and the direction constitutional law must go, Amar offers an essential guide for anyone seeking to understand America's Constitution and its relevance today.
Download or read book Structure and Internal Procedures written by United States. Commission on Revision of the Federal Court Appellate System and published by . This book was released on 1975 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courts and Lawyers of Indiana written by Leander John Monks and published by . This book was released on 1916 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Independence at the Crossroads written by Stephen B Burbank and published by SAGE. This book was released on 2002-04-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of essays on the contentious issues of judicial independence and federal judicial selection, written by leading scholars from the disciplines of law, political science, history, economics, and sociology.
Download or read book The Indiana Way written by James H. Madison and published by . This book was released on 1986 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a splendid example of how to write well balanced, highly readable state history. --The Old Northwest "Madison has succeeded as have few other authors of state histories in blending modern scholarly concerns with the traditional narrative historiography of his state. This book is in many ways a model state history." --Choice "Neither too detailed and provincial, nor too broad and comparative, The Indiana Way adopts an integrated analytical approach, but also includes some narrative and biography." --Journal of American History
Download or read book Closed Chambers written by Edward Lazarus and published by Penguin Group. This book was released on 1999 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Operating within a Network of Byzantine Secrecy, The United States Supreme Court is the most powerful judicial institution in the world. Nine unelected justices are charged with protecting our most cherished rights and shaping our fundamental laws."--BOOK JACKET. "In this account, Edward Lazarus, who served as a clerk to Justice Harry Blackmun, provides an insider's guided tour of a court at war with itself and often in neglect of its constitutional duties. Combining memoir, history, and legal analysis, Lazarus weaves together past and present to reveal how law, politics, and personality collide in the Court's inner sanctum."--BOOK JACKET.
Download or read book The Case Against the Supreme Court written by Erwin Chemerinsky and published by Penguin Books. This book was released on 2015-09-29 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Download or read book The Court of Appeals of Indiana written by Linda C. Gugin and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the second-highest court in Indiana, the Court of Appeals hears appeals from the state's trial courts and some state agencies. While the Supreme Court of Indiana dates from the state's first constitution adopted in 1816, the concept of a second appellate-level court to serve the entire state originated with an enactment of the Indiana General Assembly in 1891. The Appellate Court of Indiana came about to relieve the growing caseload of the Supreme Court. Over the years, 118 judges have sat on the court. The book will include essays from a variety of scholars and freelance writers on the judges' careers and service on the court"--
Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Download or read book Constitutional Fate written by Philip Bobbitt and published by Oxford University Press. This book was released on 1984-03-15 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
Download or read book Government by Judiciary written by Raoul Berger and published by Studies in Jurisprudence and L. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
