Download or read book The Supreme Court and the Philosopher written by Eric T. Kasper and published by Cornell University Press. This book was released on 2024-04-15 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court and the Philosopher illustrates how the modern US Supreme Court has increasingly adopted a view of the constitutional right to the freedom of expression that is classically liberal in nature, reflecting John Stuart Mill's reasoning in On Liberty. A landmark treatise outlining the merits of limiting governmental and social power over the individual, On Liberty advocates for a maximum protection of human freedom. Proceeding case by case and covering a wide array of issues, such as campaign finance, offensive speech, symbolic speech, commercial speech, online expression, and false statements, Eric T. Kasper and Troy A. Kozma show how the Supreme Court justices have struck down numerous laws for infringing on the freedom of expression. Kasper and Kozma demonstrate how the adoption of Mill's version of free speech began with Justice Oliver Wendell Holmes Jr. more than a century ago and expanded over time to become the prevailing position of the Court today. The authors argue that this embrace of Mill's rationale has led to an unmistakable reorientation in the Court's understanding of free expression jurisprudence. The Supreme Court and the Philosopher is the first book to comprehensively explore how the political philosophy of Mill has influenced the highest court in the land. In targeting the underlying philosophical reasons that explain why the modern Supreme Court renders its First Amendment decisions, this book is particularly timely, as the issues of censorship and freedom of expression are debated in the public square today.
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 Supreme Court Phalanx written by Ronald Dworkin and published by New York Review of Books. This book was released on 2008 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A New York Review Books collection"--Cover.
Download or read book The Case of the People Against the Lawyers and the Courts written by Frank Cramer and published by . This book was released on 1915 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supreme Inequality written by Adam Cohen and published by Penguin. This book was released on 2021-02-23 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: “With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Download or read book The Supreme Court Philosophy and Freedom of Choice written by Walter N. Blevins and published by . This book was released on 1976 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Philosophy of Law written by Walter E. Block and published by Springer Nature. This book was released on 2019-11-14 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.
Download or read book First Among Equals written by Kenneth W. Starr and published by Grand Central Publishing. This book was released on 2008-12-14 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In First Among Equals Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, First Among Equals sheds new light on the most frequently misunderstood legal pillar of American life.
Download or read book The First Amendament and Privacy written by Edward J. Bloustein and published by . This book was released on 1975 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Evolution of a Judicial Philosophy written by John Marshall Harlan and published by Cambridge : Harvard University Press. This book was released on 1969 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The First Amendment and Privacy written by Edward J. Bloustein and published by . This book was released on 1975 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Supreme Court in the Early Republic written by William R. Casto and published by Chief Justices of the United S. This book was released on 2012 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an introduction to the Supreme Court's creation and roughly its first decade of operation, up to 1901, when John Marshall became its fourth Chief Justice. the book is intended for general readers -- both lawyers and non lawyers -- with a scholarly interest in the subject.-- p. 1.
Download or read book Justice written by Michael J. Sandel and published by Farrar, Straus and Giroux. This book was released on 2009-09-15 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned Harvard professor's brilliant, sweeping, inspiring account of the role of justice in our society--and of the moral dilemmas we face as citizens What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Is killing sometimes morally required? Is it possible, or desirable, to legislate morality? Do individual rights and the common good conflict? Michael J. Sandel's "Justice" course is one of the most popular and influential at Harvard. Up to a thousand students pack the campus theater to hear Sandel relate the big questions of political philosophy to the most vexing issues of the day, and this fall, public television will air a series based on the course. Justice offers readers the same exhilarating journey that captivates Harvard students. This book is a searching, lyrical exploration of the meaning of justice, one that invites readers of all political persuasions to consider familiar controversies in fresh and illuminating ways. Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, patriotism and dissent, the moral limits of markets—Sandel dramatizes the challenge of thinking through these con?icts, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well. Justice is lively, thought-provoking, and wise—an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.
Download or read book American Original written by Joan Biskupic and published by Sarah Crichton Books. This book was released on 2009-11-10 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first full-scale biography of the Supreme Court's most provocative—and influential—justice If the U.S. Supreme Court teaches us anything, it is that almost everything is open to interpretation. Almost. But what's inarguable is that, while the Court has witnessed a succession of larger-than-life jurists in its two-hundred-year-plus history, it has never seen the likes of Supreme Court Justice Antonin Scalia. Combative yet captivating, infuriating yet charming, the outspoken jurist remains a source of curiosity to observers across the political spectrum and on both sides of the ideological divide. And after nearly a quarter century on the bench, Scalia may be at the apex of his power. Agree with him or not, Scalia is "the justice who has had the most important impact over the years on how we think and talk about the law," as the Harvard law dean Elena Kagan, now U.S. Solicitor General, once put it. Scalia electrifies audiences: to hear him speak is to remember him; to read his writing is to find his phrases permanently affixed in one's mind. But for all his public grandstanding, Scalia has managed to elude biographers—until now. In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, the veteran Washington journalist Joan Biskupic presents for the first time a detailed portrait of this complicated figure and provides a comprehensive narrative that will engage Scalia's adherents and critics alike. Drawing on her long tenure covering the Court, and on unprecedented access to the justice, Biskupic delves into the circumstances of his rise and the formation of his rigorous approach to the bench. Beginning with the influence of Scalia's childhood in a first-generation Italian American home, American Original takes us through his formative years, his role in the Nixon-Ford administrations, and his trajectory through the Reagan revolution. Biskupic's careful reporting culminates with the tumult of the contemporary Supreme Court—where it was and where it's going, with Scalia helping to lead the charge. Even as Democrats control the current executive and legislative branches, the judicial branch remains rooted in conservatism. President Obama will likely appoint several new justices to the Court—but it could be years before those appointees change the tenor of the law. With his keen mind, authoritarian bent, and contentious rhetorical style, Scalia is a distinct and persuasive presence, and his tenure is far from over. This new book shows us the man in power: his world, his journey, and the far-reaching consequences of the transformed legal landscape.
Download or read book Dissent and the Supreme Court written by Melvin I. Urofsky and published by Vintage. This book was released on 2015-10-13 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Download or read book The Supreme Court and the Idea of Constitutionalism written by Steven J. Kautz and published by University of Pennsylvania Press. This book was released on 2011-10-03 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume distinguished constitutional scholars aim to move debate over the Supreme Court beyond the soundbites that divide us to fundamental questions about the nature of constitutionalism.
