Search Results for "in-the-balance-law-and-politics-on-the-roberts-court"

In the Balance: Law and Politics on the Roberts Court

In the Balance: Law and Politics on the Roberts Court

  • Author: Mark Tushnet
  • Publisher: W. W. Norton & Company
  • ISBN: 0393241432
  • Category: Law
  • Page: 352
  • View: 586
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An examination of the initial years of the Roberts Court and the intellectual battle between Roberts and Kagan for leadership. When John Roberts was appointed chief justice of the Supreme Court, he said he would act as an umpire. Instead, his Court is reshaping legal precedent through decisions unmistakably—though not always predictably—determined by politics as much as by law, on a Court almost perfectly politically divided. Harvard Law School professor and constitutional law expert Mark Tushnet clarifies the lines of conflict and what is at stake on the Supreme Court as it hangs “in the balance” between its conservatives and its liberals. Clear and deeply knowledgeable on both points of law and the Court’s key players, Tushnet offers a nuanced and surprising examination of the initial years of the Roberts Court. Covering the legal philosophies that have informed decisions on major cases such as the Affordable Care Act, the political structures behind Court appointments, and the face-off between John Roberts and Elena Kagan for intellectual dominance of the Court, In the Balance is a must-read for anyone looking for fresh insight into the Court’s impact on the everyday lives of Americans.

Meine geliebte Welt

Meine geliebte Welt

  • Author: Sonia Sotomayor
  • Publisher: C.H.Beck
  • ISBN: 3406659489
  • Category: Biography & Autobiography
  • Page: 349
  • View: 2827
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Aufgewachsen in der Bronx, Puertoricanerin, die Kindheit prekär, der Vater Alkoholiker, die Mutter überfordert – Sonia Sotomayor war es nicht gerade in die Wiege gelegt, eines Tages Richterin am höchsten Gericht der Vereinigten Staaten von Amerika zu werden. Mit einem großen Herzen und viel Humor erzählt diese Ausnahmefrau von ihrem Weg, aber nicht um sich dabei auf die Schulter zu klopfen, sondern um anderen Menschen mit ihrer eigenen Geschichte Mut zu machen. Ein hinreißendes, ansteckendes Buch über das Trotzdem und über die – wirklich wichtigen – Dinge des Lebens. „’Nach der Lektüre werden mich die Leser nach menschlichen Kriterien beurteilen’, schreibt Sonia Sotomayor. Wir, die wir in diesem Fall die Jury sind, finden sie einfach unwiderstehlich.“ Washingtonian „Überwältigende und stark geschriebene Memoiren zum Thema Identität und Persönlichkeitsfindung ... Offenherzig, scharf beobachtet und vor allem tief empfunden.“ The New York Times „Eine Frau, die weiß, wo sie herkommt und die die Kraft hat, uns dorthin mitzunehmen.“ The New York Times Book Review

Making Law and Courts Research Relevant

Making Law and Courts Research Relevant

The Normative Implications of Empirical Research

  • Author: Brandon L. Bartels,Chris W. Bonneau
  • Publisher: Routledge
  • ISBN: 1317693450
  • Category: Political Science
  • Page: 242
  • View: 7477
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One of the more enduring topics of concern for empirically-oriented scholars of law and courts—and political scientists more generally—is how research can be more directly relevant to broader audiences outside of academia. A significant part of this issue goes back to a seeming disconnect between empirical and normative scholars of law and courts that has increased in recent years. Brandon L. Bartels and Chris W. Bonneau argue that being attuned to the normative implications of one’s work enhances the quality of empirical work, not to mention makes it substantially more interesting to both academics and non-academic practitioners. Their book’s mission is to examine how the normative implications of empirical work in law and courts can be more visible and relevant to audiences beyond academia. Written by scholars of political science, law, and sociology, the chapters in the volume offer ideas on a methodology for communicating normative implications in a balanced, nuanced, and modest manner. The contributors argue that if empirical work is strongly suggestive of certain policy or institutional changes, scholars should make those implications known so that information can be diffused. The volume consists of four sections that respectively address the general enterprise of developing normative implications of empirical research, law and decisionmaking, judicial selection, and courts in the broader political and societal context. This volume represents the start of a conversation on the topic of how the normative implications of empirical research in law and courts can be made more visible. This book will primarily interest scholars of law and courts, as well as students of judicial politics. Other subfields of political science engaging in empirical research will also find the suggestions made in the book relevant.

The New Roberts Court, Donald Trump, and Our Failing Constitution

The New Roberts Court, Donald Trump, and Our Failing Constitution

  • Author: Stephen M. Feldman
  • Publisher: Springer
  • ISBN: 331956451X
  • Category: Political Science
  • Page: 274
  • View: 8529
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This book traces the evolution of the constitutional order, explaining Donald Trump’s election as a symptom of a degraded democratic-capitalist system. Beginning with the framers’ vision of a balanced system—balanced between the public and private spheres, between government power and individual rights—the constitutional order evolved over two centuries until it reached its present stage, Democracy, Inc., in which corporations and billionaires wield herculean political power. The five conservative justices of the early Roberts Court, including the late Antonin Scalia, stamped Democracy, Inc., with a constitutional imprimatur, contravening the framers’ vision while simultaneously claiming to follow the Constitution’s original meaning. The justices believed they were upholding the American way of life, but they instead placed our democratic-capitalist system in its gravest danger since World War II. With Neil Gorsuch replacing Scalia, the new Court must choose: Will it follow the early Roberts Court in approving and bolstering Democracy, Inc., or will it restore the crucial balance between the public and private spheres in our constitutional system?

Uncertain Justice

Uncertain Justice

The Roberts Court and the Constitution

  • Author: Laurence Tribe,Joshua Matz
  • Publisher: Henry Holt and Company
  • ISBN: 0805099131
  • Category: Political Science
  • Page: 416
  • View: 3403
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With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.

Property Rights and the Constitution

Property Rights and the Constitution

Shaping Society Through Land Use Regulation

  • Author: Dennis J. Coyle
  • Publisher: SUNY Press
  • ISBN: 1438400004
  • Category: Political Science
  • Page: 382
  • View: 1221
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Controversies over public regulation of private land have dominated political agendas in recent years, especially at the local level. Land use and environmental regulation have reached unprecedented levels, and federal and state courts have garnered recent headlines by striking down regulations. Rights and regulations are on a collision course, and how they are reconciled will have a major impact on individuals, governments, and communities in the decades ahead. This book is the first systematic attempt to assess key constitutional developments in the land use field during the last decade in state and federal supreme courts. It highlights important trends, including the growing role of state supreme courts, attacks on regulation as exclusionary, and the emergence of the takings clause of the Fifth Amendment as a potentially major limitation on governmental power.

Intermediaries, Interpreters, and Clerks

Intermediaries, Interpreters, and Clerks

African Employees in the Making of Colonial Africa

  • Author: Benjamin N. Lawrance,Emily Lynn Osborn,Richard L. Roberts
  • Publisher: Univ of Wisconsin Press
  • ISBN: 9780299219505
  • Category: Business & Economics
  • Page: 332
  • View: 2366
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As a young man in South Africa, Nelson Mandela aspired to be an interpreter or clerk, noting in his autobiography that “a career as a civil servant was a glittering prize for an African.” Africans in the lower echelons of colonial bureaucracy often held positions of little official authority, but in practice these positions were lynchpins of colonial rule. As the primary intermediaries among European colonial officials, African chiefs, and subject populations, these civil servants could manipulate the intersections of power, authority, and knowledge at the center of colonial society. By uncovering the role of such men (and a few women) in the construction, function, and legal apparatus of colonial states, the essays in this volume highlight a new perspective. They offer important insights on hegemony, collaboration, and resistance, structures and changes in colonial rule, the role of language and education, the production of knowledge and expertise in colonial settings, and the impact of colonization in dividing African societies by gender, race, status, and class.

Edexcel A2 Government & Politics Student Unit Guide New Edition: Unit 4C Governing the USA

Edexcel A2 Government & Politics Student Unit Guide New Edition: Unit 4C Governing the USA

  • Author: Jonathan Vickery
  • Publisher: Hachette UK
  • ISBN: 144415303X
  • Category: Political Science
  • Page: 88
  • View: 7125
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Written by a senior examiner, Jonathan Vickery, this Edexcel A2 Government & Politics Student Unit Guide is the essential study companion for Unit 4C: Governing the USA.This full-colour book includes all you need to know to prepare for your unit exam: clear guidance on the content of the unit, with topic summaries, knowledge check questions and a quick-reference index examiner's advice throughout, so you will know what to expect in the exam and will be able to demonstrate the skills required exam-style questions, with graded student responses, so you can see clearly what is required to get a better grade

Liberty's Refuge

Liberty's Refuge

  • Author: John D. Inazu
  • Publisher: Yale University Press
  • ISBN: 0300176376
  • Category: Political Science
  • Page: 288
  • View: 3870
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This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay at the heart of some of the most important social movements in American history—abolitionism, women's suffrage, the labor and civil rights movements—courts now prefer to speak about the freedoms of association and speech. But the right of “expressive association” undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of assembly and the embrace of association lose sight of important dimensions of our constitutional tradition.

The Politics of Freedom of Expression

The Politics of Freedom of Expression

The Decisions of the Supreme Court of the United States

  • Author: Mark J Richards
  • Publisher: Palgrave Macmillan
  • ISBN: 1137277580
  • Category: Law
  • Page: 220
  • View: 1820
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The principle of content-neutrality is the cornerstone of freedom of expression jurisprudence, protecting the core values of freedom of speech set out in the first amendment, whilst also enabling the government to place reasonable restrictions on protected speech. The Politics of Freedom of Expression examines the US Supreme Court's decision-making in freedom of expression cases, from the Earl Warren Court in 1953 to the 2012 decisions of the John Roberts Court, assessing the extent to which the justices take into consideration their own political attitudes, jurisprudence and external factors such as federal government participation. In doing so, the book highlights the role of the civil rights movement in developing the content-neutrality jurisprudential regime. Establishing 'jurisprudential regime theory' as a framework for incorporating the various factors that can affect decision-making, the author draws on quantitative, qualitative and interpretive methods in order to analyse the justices' changing treatment of content-based and content-neutral cases over time. This unique theoretical approach allows the text to push beyond the traditional 'law versus politics' debate in order to critically evaluate the importance of content-neutrality to the Supreme Court's decision-making, and to compare decision-making in the US with Canada, Germany, Japan and the UK.

Privacy Injunctions and the Media

Privacy Injunctions and the Media

A Practice Manual

  • Author: Iain Goldrein
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847319289
  • Category: Law
  • Page: 1220
  • View: 7942
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A string of high profile law suits has drawn attention to a rapidly developing and controversial branch of media law – the use of privacy injunctions to restrain publication of information relating to the private lives of individuals. The purpose of this book is to set out the law relating to privacy injunctions, and best practice in relation to seeking or opposing this form of relief. Such best practice is targeted not just at litigators. This book is aimed also at journalists who are the watchdogs of the freedoms of our society, and other organs of the media. The text is broken down into easily manageable sections, with numerous check-lists and quality control protocols. Applications in the Queen's Bench Division (including personal injury), Family Division (including the President's "Media guidance†? and "Reporting Restriction Orders†?) and "harassment†? are covered, together with a "journalists' check-list†?. The book reflects the agenda (included in the foreword to the book) set by Lord Neuberger's Report of 2011 ("Report of the Committee on Super-Injunctions†?).

The Evolution of a Nation

The Evolution of a Nation

How Geography and Law Shaped the American States

  • Author: Daniel Berkowitz,Karen B. Clay
  • Publisher: Princeton University Press
  • ISBN: 0691136041
  • Category: Business & Economics
  • Page: 234
  • View: 7246
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Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are poorly understood. Drawing on rich evidence about the development of the American states from the mid-nineteenth to the late twentieth century, this book documents the mechanisms through which geographical and historical conditions--such as climate, access to water transportation, and early legal systems--impacted political and judicial institutions and economic growth. The book shows how a state's geography and climate influenced whether elites based their wealth in agriculture or trade. States with more occupationally diverse elites in 1860 had greater levels of political competition in their legislature from 1866 to 2000. The book also examines the effects of early legal systems. Because of their colonial history, thirteen states had an operational civil-law legal system prior to statehood. All of these states except Louisiana would later adopt common law. By the late eighteenth century, the two legal systems differed in their balances of power. In civil-law systems, judiciaries were subordinate to legislatures, whereas in common-law systems, the two were more equal. Former civil-law states and common-law states exhibit persistent differences in the structure of their courts, the retention of judges, and judicial budgets. Moreover, changes in court structures, retention procedures, and budgets occur under very different conditions in civil-law and common-law states. The Evolution of a Nation illustrates how initial geographical and historical conditions can determine the evolution of political and legal institutions and long-run growth.

Pathways to the US Supreme Court

Pathways to the US Supreme Court

From the Arena to the Monastery

  • Author: G. Nelson
  • Publisher: Springer
  • ISBN: 1137351721
  • Category: Political Science
  • Page: 340
  • View: 8398
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Pathways to the U.S. Supreme Court is a quantitative-historical recapitulation of the routes taken to the US Supreme Court by the 112 Justices who were confirmed by the Senate and served, and the 28 others whose candidacies for confirmation were defeated, withdrawn, or declined.

The Fourth Amendment in Flux

The Fourth Amendment in Flux

The Roberts Court, Crime Control, and Digital Privacy

  • Author: Michael C. Gizzi,R. Craig Curtis
  • Publisher: N.A
  • ISBN: 9780700622573
  • Category: Law
  • Page: 208
  • View: 3183
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A significant contribution to the literature on Fourth Amendment jurisprudence that is written clearly and concisely. It should be read by legal scholars and students, and anyone with an interest in how law enforcement interests collide with the privacy rights of citizens

When Money Speaks

When Money Speaks

The McCutcheon Decision, Campaign Finance Laws, and the First Amendment

  • Author: Ronald Collins,David Skover
  • Publisher: Top Five Books LLC
  • ISBN: 1938938143
  • Category: Law
  • Page: 224
  • View: 4982
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“A brilliant discussion of campaign finance in America…a must for all who care about the American political system.” —Erwin Chemerinsky “Thorough, dispassionate, and immensely readable.” —Floyd Abrams On April 2, 2014, the U.S. Supreme Court struck down aggregate limits on how much money individuals could contribute to political candidates, parties, and committees. The McCutcheon v. FEC decision fundamentally changes how people (and corporations, thanks to Citizens United) can fund campaigns, opening the floodgates for millions of dollars in new spending, which had been curtailed by campaign finance laws going back to the early 1970s. When Money Speaks is the definitive—and the first—book to explain and dissect the Supreme Court’s controversial ruling in McCutcheon, including analysis of the tumultuous history of campaign finance law in the U.S. and the new legal and political repercussions likely to be felt from the Court’s decision. McCutcheon has been billed as “the sequel to Citizens United,” the decision giving corporations the same rights as individuals to contribute to political campaigns. Lauded by the Right as a victory for free speech, and condemned by the Left as handing the keys of our government to the rich and powerful, the Court’s ruling has inflamed a debate that is not going to go away anytime soon, with demands for new laws and even a constitutional amendment on the Left—while many on the Right (including Justice Clarence Thomas in his concurring opinion) call for an end to all contribution limits. Two of the nation’s top First Amendment scholars—Ronald Collins and David Skover—have produced a highly engaging, incisive account of the case, including exclusive interviews with petitioner Shaun McCutcheon and other key players, as well as an eye-opening history of campaign finance law in the U.S.

The Obama Presidency

The Obama Presidency

Appraisals and Prospects

  • Author: Bert A. Rockman,Andrew Rudalevige,Colin Campbell
  • Publisher: CQ Press
  • ISBN: 1483301621
  • Category: Political Science
  • Page: 368
  • View: 5624
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In the latest volume in this classic series, Rockman, Rudalevige, and Campbell once again bring together top-notch scholars, this time to take a comprehensive look at the first two years of Barack Obama’s presidency. Assessing Obama’s political strategy, as well as his administration’s successes and setbacks, chapter authors critically examine a presidency marked by continued partisanship, major policy battles, and continued global turmoil.

Edexcel A2 Government & Politics Student Unit Guide New Edition: Unit 4C Updated: Governing the USA

Edexcel A2 Government & Politics Student Unit Guide New Edition: Unit 4C Updated: Governing the USA

  • Author: Jonathan Vickery
  • Publisher: Hachette UK
  • ISBN: 1471804682
  • Category: Political Science
  • Page: 88
  • View: 4093
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Perfect for revision, this updated guide explains the unit requirements, summarises the content and includes specimen questions with graded answers. This full-colour New Edition Student Unit Guide provides ideal preparation for your unit exam: - Feel confident you understand the unit: the guide comprehensively covers the unit content and includes topic summaries, knowledge check questions and a reference index - Use up-to-date examples: fully updated in line with the 2012 US Presidential Election - Get to grips with the exam requirements: the specific skills on which you will be tested are explored and explained

Constitutional Interpretation

Constitutional Interpretation

Illusion and Reality

  • Author: Jeffrey M. Shaman
  • Publisher: Greenwood Publishing Group
  • ISBN: 9780313314735
  • Category: Law
  • Page: 266
  • View: 3895
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Analyzes the process of constitutional interpretation from the perspectives of history, political science, and jurisprudence.

British Government and Politics

British Government and Politics

  • Author: Duncan Watts
  • Publisher: Edinburgh University Press
  • ISBN: 0748654941
  • Category: Political Science
  • Page: 464
  • View: 4518
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This introduction tells you everything you need to know about British Government and Politics. It examines the institutions and practices and makes comparisons with the experience of other countries.

Criminal Evidence and Human Rights

Criminal Evidence and Human Rights

Reimagining Common Law Procedural Traditions

  • Author: Paul Roberts,Jill Hunter
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847319467
  • Category: Law
  • Page: 450
  • View: 4887
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Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.