Download or read book Rights and Retrenchment written by Stephen B. Burbank and published by Cambridge University Press. This book was released on 2017-04-18 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
Download or read book Getting to the Rule of Law written by James E. Fleming and published by NYU Press. This book was released on 2011-09-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.
Download or read book The Impeachment of Chief Justice David Brock written by John Cerullo and published by Lexington Books. This book was released on 2017-11-22 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: At this juncture in American history, some of our most hard-fought state-level political struggles involve control of state supreme courts. New Hampshire witnessed one of the most dramatic of these, culminating in the impeachment of Chief Justice David Brock in 2000, but the issues raised by the case are hardly confined to New Hampshire. They involved the proper nature and operation of judicial independence within a “populist” civic culture that had long assumed the primacy of the legislative branch, extolled its “citizen legislators” over insulated and professionalized elites, and entrusted those legislators to properly supervise the judiciary. In the last few decades of the 20th Century, New Hampshire’s judiciary had been substantially reconfigured: constitutional amendments and other measures endorsed by the national judicial-modernization movement had secured for it a much higher level of independence and internal unification than it had historically enjoyed. However, a bipartisan body of legislators remained committed to the principle of legislative supremacy inscribed in the state constitution of 1784. The 1980s and 1990s witnessed a series of clashes over court administration, allegations of judicial corruption, and finally a bitter and protracted battle over Court decisions on educational funding. Chief Justice Brock publicly embodied the judicial branch's new status and assertiveness. When information came to light regarding some of his administrative actions on the high court, deepening antipathy toward him exploded into an impeachment crisis. The struggle over Brock’s conduct raised significant questionsabout the meaning and proper practice of impeachment itself as a feature of democratic governance. When articles of impeachment were voted by the House of Representatives, the state Senate faced the difficult task of establishing trial protocols that would balance thepolitical and juridical responsibilities devolved on them, simultaneously, by the state constitution.Having struck that balance, the trial they conducted would finally acquit Brock of all charges. Nevertheless, David Brock’s impeachment was a highly consequential ordeal that provided a needed catalyst for reforms intended to produce a productive recalibration of legislative-judicial relations.
Download or read book Minnesota Law Review written by and published by . This book was released on 2013-06 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Norris V Wirtz written by and published by . This book was released on 1982 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Download or read book Aspen Treatise for Civil Procedure written by Richard D. Freer and published by Aspen Publishing. This book was released on 2021-12-09 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular casebook author and bar review lecturer Richard Freer makes the complex principles of civil procedure accessible for students and practitioners in this treatise. Filled with hundreds of examples, the book integrates legal doctrine with factual analysis. The book breaks the doctrines of civil procedure into easy-to-understand components, and then brings them together to show how they form a comprehensive body of law. As stated by one procedure scholar, this book “is a key reference not only for students, but also for any lawyer or scholar looking for a starting point to their research on procedure and jurisdiction. The latest edition is always on my bookshelf.” New to the 5th Edition: The Supreme Court’s most recent decision on specific personal jurisdiction, Ford Motor Company, and how it flows from the Court’s restriction of general personal jurisdiction Detailed analysis of all recent amendments to the Federal Rules of Civil Procedure Emerging law on class actions, including justiciability, ascertainability, cy pres, and issue certification Detailed treatment of remedies, including provisional remedies The Court’s 2020 recognition of “defense preclusion” Professors and students will benefit from: “Defining the Issue,” a section that opens each chapter, putting material into context and making connections to related areas of procedure and jurisdiction law Analytical frameworks to synthesize key subject areas
Download or read book A Common Law for the Age of Statutes written by Guido Calabresi and published by The Lawbook Exchange, Ltd.. This book was released on 1999 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts to their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977. "In his most recent publication, A Common Law for the Age of Statutes, based on the Oliver Wendell Holmes lectures he delivered at Harvard in March of 1977, Professor Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process. He has produced a monograph that in its quality, timeliness and provocativeness is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore." --Allan C. Hutchinson and Derek Morgan, 82 Columbia Law Review (1982) 1752. GUIDO CALABRESI [b. 1932] is Sterling Emeritus Professor of Law and Professorial Lecturer in Law at Yale Law School. He was Dean of Yale Law School from 1985-1994 and became a United States Circuit Judge in 1994. He is also the author of The Costs of Accidents (1970), Tragic Choices (1978) and Ideals, Beliefs, Attitudes, and the Law (1985).
Download or read book Beyond Monopoly written by Terence C. Halliday and published by University of Chicago Press. This book was released on 1987-09-10 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do professional associations build their resources and establish authroity? What are the conditions under which professional expertise can be mobilized for political action? If professional organizations are endowed with a wealth of resources, do they use them responsibly or only for economic monopoly? What is the potential scope of professional action today? In this pathbreaking study of the legal profession, Terence Halliday raises and addresses these questions combining extensive data from the rich archives o the Chicago Bar Association, one of the nation's largest and wealthiest bar organizations, with data from a national survey of bar legislative and judicial action. Beyond Monopoly demonstrates that the primary commitment of lawyers to economic monopoly has long been complemented by "civic professionalism" as the legal profession takes on more responsibility in the American democratic system when state capabilities diminish. Through his examination of three types of state crises in the 1950s and 1960s—the challenges to legitimacy in the legal system, the crisis of individual rights during McCarthyism and the civil rights eras, and the fiscal crises of various state governments—Halliday shows that large bar associations can have extensive influence on any institution that is regulated by law. He argues that lawyers have the capability of turning social and political issues into technical legal matters in what he calls an "idiom of legalism." Under technical guise, lawyers come to exercise moral authority. Halliday maintains that the American legal profession over the past century has gone from a formative stage, when controlling its market in the delivery of legal services was paramount, to an established phase in the past two decades, when it has committed extensive resources to the complex needs of the modern state. A de facto bargain has been struck: if the state leaves the profession's monopoly fairly intact, the profession can use its expert resources to help the state adapt to strain and crisis. It can do so not only in the legal system, where it has been championing "autonomous" law, but in other spheres as well—from the economy to the private sphere of individual rights. Halliday confirms that the legal profession deploys its expertise not merely to attain professional dominance, to control a market, or to purvey an ideology, but to increase the viability of democratic institutions. Beyond Monopoly introduces a pioneering approach to a historical and comparative sociology of the professions that will be of vital interest not only to sociologists, but to political scientists and lawyers as well.
Download or read book The Statute of the International Court of Justice written by Andreas Zimmermann and published by OUP Oxford. This book was released on 2012-10-11 with total page 1798 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.
Download or read book Federal Rulemaking written by Winifred R. Brown and published by . This book was released on 1981 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Symposium written by and published by . This book was released on 2008 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review and the National Political Process written by Jesse H. Choper and published by Quid Pro Books. This book was released on 2013-05-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
Download or read book A Guide to Critical Legal Studies written by Mark Kelman and published by Harvard University Press. This book was released on 1987 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.
Download or read book Report of the Judicial Conference written by Judicial Conference of Senior Circuit Judges and published by . This book was released on with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Capital Offenses written by and published by . This book was released on 2016 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Vigilance and Restraint in the Common Law of Judicial Review written by Dean R. Knight and published by Cambridge University Press. This book was released on 2018-04-19 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
