Download or read book The Politics of Justice written by Cornell W. Clayton and published by Routledge. This book was released on 2015-06-18 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2015. This series on American Political Institutions and Public Policy intends to examine contemporary U.S. political developments and to discern their impact on issues of public policy. Cornell W. Clayton’s The Politics of Justice: The Attorney General and the Making o f Legal Policy is the second publication in the series. It is a fascinating study of politics and governance: how one government affects the other and how both affect public policy. Surveying the historical evolution of the office of the Attorney General, Clayton sees significant recent changes in the role, position, and influence of the person who holds that office.
Download or read book The Politics of Justice written by Cornell W. Clayton and published by . This book was released on 1990 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Solicitor General written by Rebecca Salokar and published by Temple University Press. This book was released on 1994-07 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: A frequently overlooked institution of American politics, the Office of the Solicitor General is responsible for all litigation before the U.S. Supreme Court on behalf of the executive branch. In carrying out this task, the solicitor general is also an advisor to the justices and a gatekeeper, controlling a large portion of litigation that reaches the Court's docket. Rebecca Salokar studies this office and shows that, with the increased politicization of the Justice Department, the work of the nation's lawyer is an integral component of executive policy-making. Paying particular attention to the selection of solicitors general and the political and legal environment in which they functioned, Salokar analyzes all Supreme Court cases in which the government was a participant from 1959 through 1986. Her interviews with several former solicitors general and members of their staffs provide contextual examples to support the statistical analyses. She demonstrates that this office can and does shape policy questions for the United States. While the relationship between the judicial and executive branches has been defined traditionally through the nomination of justices to the Court, Salokar reveals that another, more frequently used, link between the two branches exists in the Office of the Solicitor General. Author note: Rebecca Mae Salokar is Associate Professor of Political Science at Florida International University.
Download or read book Government Lawyers written by Cornell W. Clayton and published by . This book was released on 1995 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: For years many citizens have complained that our national government is fettered by legions of inefficient, unaccountable, feather-nesting lawyers. These critics might be right about the numbers—there are nearly 40,000 lawyers employed by the federal government in every branch and at every level. But most of these professionals fulfill functions that are essential to or extremely valuable in running the machinery of government. In this volume, Cornell Clayton and eight other authorities on public law and legal agencies explore the role that politics play in this federal legal bureaucracy—especially within the executive branch. They provide insights into the historical development, present status, future trends, and interrelations among the offices of the Attorney General, Solicitor General, Special Prosecutor, White House Legal Counsel, Office of Legal Counsel, and counsels in regulatory agencies like the EPA and the EEOC. All the essays highlight a common theme—the perpetual tensions and conflicts between executive-branch politics and the profession's principled independence. Readable and enlightening, these essays add much to our understanding of—and remove some of the tarnish from—this elite corps of legal experts. They should benefit anyone interested in the legal profession, presidential politics, administrative law, public policy, and bureaucratic politics in our nation's capital.
Download or read book Federalism on Trial written by Paul Nolette and published by University Press of Kansas. This book was released on 2015-02-23 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: “It is one of the happy incidents of the federal system,” Justice Louis Brandeis wrote in 1932, “that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” It is one of the features of federalism in our day, Paul Nolette counters, that these “laboratories of democracy,” under the guidance of state attorneys general, are more apt to be dictating national policy than conducting contained experiments. In Federalism on Trial, Nolette presents the first broadscale examination of the increasingly nationalized political activism of state attorneys general. Focusing on coordinated state litigation as a form of national policymaking, his book challenges common assumptions about the contemporary nature of American federalism. In the tobacco litigation of the 1990s, a number of state attorneys general managed to reshape one of America’s largest industries—all without the involvement of Congress or the executive branch. This instance of prosecution as a form of regulation is just one case among many in the larger story of American state development. Federalism on Trial shows how new social policy regimes of the 1960s and 1970s—adopting national objectives such as cleaner air, wider access to health care, and greater consumer protections—promoted both “adversarial legalism” and new forms of “cooperative federalism” that enhanced the powers and possibilities open to state attorneys general. Nolette traces this trend—as AGs took advantage of these new circumstances and opportunities—through case studies involving drug pricing, environmental policy, and health care reform. The result is the first full account—far-reaching and finely detailed—of how, rather than checking national power or creating productive dialogue between federal and state policymakers, the federalism exercised by state attorneys general frequently complicates national regulatory regimes and seeks both greater policy centralization and a more extensive reach of the American regulatory state.
Download or read book Democracy written by Eugene Cotran and published by BRILL. This book was released on 1999-01-01 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important collection of articles, contributed by eminent scholars, judges & legal practitioners, addresses the fundamental issues of human rights, democracy, the rule of law & Islam. It covers a broad & diverse range of topics & discusses key issues & questions such as: . What lessons should emerging democracies learn from mature democracies in the promotion of human rights & respect for the rule of law? . Are democratic processes & human rights standards in the developed world really models that should be adopted by developing countries? . How are human rights protected in Islam & the Middle East? . What is Islamic constitutionalism & how does Islamic law provide for a democratic system of government? The book argues that the development of the rule of law, democracy & respect for human rights should be a process of interaction & integration on a global scale. In addition, it stresses that the integration of previously closed societies into the process of globalisation must take into account the indigenous traditions already existing in such societies, & the extent to which they will contribute to, & benefit from, the process as a whole.
Download or read book Lawyering for the Rule of Law written by Yoav Dotan and published by Cambridge University Press. This book was released on 2014 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the relationship between judicial activism and government lawyers.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The SAGE Encyclopedia of Criminal Psychology written by Robert D. Morgan and published by SAGE Publications. This book was released on 2019-04-25 with total page 1906 pages. Available in PDF, EPUB and Kindle. Book excerpt: The SAGE Encyclopedia of Criminal Psychology will be a modern, interdisciplinary resource aimed at students and professionals interested in the intersection of psychology (e.g., social, forensic, clinical), criminal justice, sociology, and criminology. The interdisciplinary study of human behavior in legal contexts includes numerous topics on criminal behavior, criminal justice policies and legal process, crime detection and prevention, eyewitness identification, prison life, offender assessment and rehabilitation, risk assessment and management, offender mental health, community reintegration, and juvenile offending. The study of these topics has been increasing continually since the late 1800s, with people trained in many legal professions such as policing, social work, law, academia, mental health, and corrections. This will be a comprehensive work that will provide the most current empirical information on those topics of greatest concern to students who desire to work in these fields. This encyclopedia is a unique reference work that looks at criminal behavior primarily through a scientific lens. With over 500 entries the book brings together top empirically driven researchers and clinicians across multiple fields—psychology, criminology, social work, and sociology—to explore the field.
Download or read book Encyclopedia of Law and Society written by David S. Clark and published by SAGE. This book was released on 2007-07-10 with total page 1809 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to and survey of the field of law and society. Includes interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics.
Download or read book U S Attorneys Political Control and Career Ambition written by Banks P. Miller and published by Oxford University Press, USA. This book was released on 2019-01-10 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: United States Attorneys (USAs), the chief federal prosecutors in each judicial district, are key in determining how the federal government uses coercive force against its citizens. How much control do national political actors exert over the prosecutorial decisions of USAs? This book investigates this question using a unique dataset of federal criminal prosecutions between 1986 and 2015 that captures both decisions by USAs to file cases as well as the sentences that result. Utilizing intuitions from principal-agent theory, work on the career ambition of bureaucrats and politicians, and selected case-studies, the authors develop and advance a set of hypotheses about control by the President and Congress. Harnessing variation across time, federal judicial districts, and five legal issue areas - immigration, narcotics, terrorism, weapons, and white-collar crime - Miller and Curry find that USAs are subject to considerable executive influence in their decision making, supporting findings about the increase of presidential power over the last three decades. In addition, they show that the ability of the President to appoint USAs to higher-level positions within the executive branch or to federal judgeships is an important mechanism of that control. This investigation sheds light on how the need to be responsive to popularly-elected principals channels the enormous prosecutorial discretion of USAs.
Download or read book The Attorney General s Lawyer written by Douglas W. Kmiec and published by Praeger. This book was released on 1992-05-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an inside look at the principal decision makers and the major legal and constitutional decisions made in the Department of Justice under Attorney General Edwin Meese. This unique perspective is offered by Douglas Kmiec, former assistant attorney general in charge of the Office of Legal Counsel (OLC). His story is a fascinating chronicle and analysis of the significant issues addressed during and since the Reagan years. These important issues include: the controversy over methods of constitutional interpretation; the legitimacy of independent counsels; efforts by the president to control executive agencies and to keep Congress in check; family issues, including abortion, AIDS, limitations on pornography, and school choice; the protection of property and economic liberty; the declining role of state and local governments; quotas, affirmative action, and civil rights; the continuing saga of Iran-Contra; and contemporary calls for ethics reform. Important as a historical and legal analysis of the Reagan years, this work will be of interest to scholars and readers concerned with contemporary social and constitutional issues, the ramifications of the Reagan presidency, and how things have changed under George Bush. It is also the first revealing look at constitutional decisionmaking within OLC, an office that counts among its alumni the present Attorney General and two members of the Supreme Court.
Download or read book The United States Supreme Court written by Robert J. McKeever and published by Manchester University Press. This book was released on 1997 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This lucidly-written text is aimed at students and teachers of American politics who have little or no previous knowledge of the United States Supreme Court, the third co-equal branch of national government.
Download or read book Democracy the Courts and the Liberal State written by David Miles and published by Routledge. This book was released on 2020-10-26 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wolfgang Böckenförde, Hannah Arendt, and Alexis de Tocqueville, the book examines one generally overlooked manifestation of constitutionalism: the role of the courts in shaping democratic politics and the inter-relationship between citizens and state. Drawing on constitutional history, law, and political theory, David Miles argues that constitutionalism cannot be seen merely as an institutional mechanism to limit government, as it also has a crucial civic dimension upon which the liberal state depends. Utilising the works of Böckenförde, Arendt, and Tocqueville, constitutionalism is conceived in the book as part of a broader system of communal norms which sustains representative democracy and liberalism. Through an analysis of judicial interventions in the electoral processes of the United States and Germany, Miles explores the role of civil society actors in transforming constitutionalism through legal challenges to oligarchical or exclusionary practices. He assesses how, in adjudicating these cases, the US Supreme Court and the German Constitutional Court have mediated the tension between threats to stability and the imperative of democratic renewal. Democracy, the Courts, and the Liberal State will be of interest to scholars, students, and practitioners interested in comparative politics, political theory, and constitutional law and history.
Download or read book Public Sentinels written by Patrick Keyzer and published by Routledge. This book was released on 2016-04-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, controversy has surrounded the role of top government lawyers in the United States and the United Kingdom. Allegations of bad lawyering and bad ethics in public office over the ’torture memos’ in the United States and the political pressure placed on the Attorney-General in the United Kingdom to approve the legality of the Iraq war, have seen these relatively obscure group of government lawyers thrust into the public debate. Unlike its Anglo-American contemporaries, Australia’s chief legal adviser, the Solicitor-General, has remained largely out of the public eye. This collection provides a rare and overdue insight into a fundamental public institution in all Australian jurisdictions. It provides a historical, theoretical, practical and comparative perspective of this little known, but vitally important, office at a time when the transparency and accountability of government has taken on an increased significance. Of interest to anyone interested in the integrity of government, the book will be particularly useful to government, political parties and the academy. It will also be a valuable reference work to those working towards a redefinition of the role of top government legal advisors.
Download or read book The Special Prosecutor in American Politics written by Katy Jean Harriger and published by . This book was released on 2000 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal special prosecutor: unprincipled abuser of power or staunch defender of the law? As Katy Harriger shows, the special prosecutor was a hotly debated and controversial subject throughout much of its existence. This was especially true, she argues, during the lengthy, expensive, and highly-politicized investigations of Lawrence Walsh and Kenneth Starr into allegations concerning Presidents Ronald Reagan and Bill Clinton. Harriger offers the most complete assessment available of the use of special prosecutors in the post-Watergate era. She analyzes the independent counsel's role within the framework of the separation of powers, explaining how each has interacted with other key players in the political and legal system and showing how those relationships have affected the prosecutor's ability to conduct investigations. Harriger's previous edition focused on the legacy of Watergate but was published before Walsh's Iran-Contra investigations were concluded. Her new study adds substantially more information on Iran-Contra, provides a clearheaded appraisal of Starr's sensationalized Whitewater-Lewinsky investigations, examines a number of senior-level cabinet probes, and critiques and clarifies the role of Attorney General Janet Reno in these latter matters. A completely new chapter compares Iran-Contra and Whitewater-Lewinsky to explore the limits of the law in the special prosecutor's efforts. In this new edition, Harriger includes 20 new interviews with Washington insiders-including one with Kenneth Starr-and covers the debates that led to both the reauthorization of the independent counsel statute in 1994 and its demise in 1999. She then examines the pros and cons of the office and offers constructive suggestions for improvement should it be revived. For students, scholars, and concerned citizens, her book takes us well beyond frenzied media hype and partisan politics to provide a timely reminder about the crucial role of separation of powers in our system of governance.
Download or read book The Role of the Solicitor General written by Gabrielle Appleby and published by Bloomsbury Publishing. This book was released on 2016-06-16 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Behind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied. The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government – drawing from interviews with over 45 government and judicial officials – to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule-of-law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government. But the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics and the public interest. The office of the Solicitor-General in Australia has evolved many characteristics across the almost two centuries of its history in an attempt to navigate these tensions. These pressures are not unique to the Australian context. The understanding of the Australian position provided by this book is informed by, and will inform, comparative analysis of the role of government lawyers across the world.
