Описание: Focusing on the Supreme Court as an integral part of the policy-making process, Susan Lawrence examines how a change in who has access to the Court, and the nature of the institutions that structure that access, has affected its agenda setting and doctrinal development. In her analysis of cases sponsored by the Legal Services Program (LSP) before t
Описание: In The Long Reach of the Sixties, legal historian Laura Kalman explores the Supreme Court nomination and confirmation battles of the late 1960s and early 1970s and shows how they have haunted-indeed, scarred-the Supreme Court appointments process ever since.
Описание: Free Speech: Supreme Court Opinions from the Beginning to the Roberts Court is a curated collection of Supreme Court opinions on the topic of free speech. These opinions help students learn how justices think, reason, express themselves, wrestle with contentious issues, and reach decisions on them.The book covers a century of free speech opinions, from the classics to recent decisions by the Roberts Court, that address subversive and offensive speech, incitement to violence, obscenity, and whether corporations have First Amendment rights. It features many precedent-setting cases including Schenck v. United States (shouting “Fire!” in a crowded theater), the Pentagon Papers case, and Citizens United.Each opinion has been edited to eliminate unnecessary legal and procedural side issues and ensure accessibility for all readers. The opinions are framed by commentary that provides context and analysis to educate readers about the extent to which we have free speech and how the principles were established. Free Speech is well-suited to political science, history, rhetoric, communications, law, and legal studies courses, and is an excellent reference tool for legal practitioners.
Описание: While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the ‘inferior courts’ upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.
Автор: Peter McCormick, Marc D. Zanoni Название: By the Court: Anonymous Judgments at the Supreme Court of Canada ISBN: 077486172X ISBN-13(EAN): 9780774861724 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4508.00 р. Наличие на складе: Нет в наличии.
Описание: Any court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a “By the Court” format. This transformative approach abandons the common law tradition of attributing decisions to individual judges. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Peter McCormick and Marc Zanoni explore the origins, purposes, and potential future of “By the Court,” framing this practice as uniquely Canadian, and the most dramatic form of a modern style that highlights the institution and downplays individual contributions.
Описание: William R. Casto sheds a new light on America's federal judiciary and the changing legal landscape with his detailed examination of the Supreme Court's formative years. In a study that spans the period from the Court's tentative beginnings through the appointment of its third chief justice, Casto reveals a judicial body quite different in orientation and philosophy from the current Supreme Court and one with a legacy of enduring significance for the U.S. legal system. Casto portrays the founding of the Supreme Court as a conscious effort to help the newly established government deal more effectively with national security and foreign policy concerns, and he credits the Court with assisting the Washington and Adams administrations establish stable relationships with Great Britain and France. The initial debate over the Supreme Court's jurisdiction as well as over the method of selecting its justices is recalled here. Casto also reveals the philosophical mindset of the first Supreme Court, contrasting the eighteenth-century concept of natural law with the legal positivism on which the Supreme Court now relies. Using this historical context, he addresses the political controversy over federal common-law crimes, the drafting of the Judiciary Act of 1789, and the adoption of judicial review.
Автор: Peter McCormick, Marc D. Zanoni Название: By the Court: Anonymous Judgments at the Supreme Court of Canada ISBN: 0774861711 ISBN-13(EAN): 9780774861717 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 11280.00 р. Наличие на складе: Нет в наличии.
Описание: Any court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a “By the Court” format. This transformative approach abandons the common law tradition of attributing decisions to individual judges. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Peter McCormick and Marc Zanoni explore the origins, purposes, and potential future of “By the Court,” framing this practice as uniquely Canadian, and the most dramatic form of a modern style that highlights the institution and downplays individual contributions.
Автор: Lee R. Alton Название: Sunflower Justice: A New History of the Kansas Supreme Court ISBN: 0803248415 ISBN-13(EAN): 9780803248410 Издательство: Wiley EDC Рейтинг: Цена: 9266.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Until recently, American legal historiography focused almost solely on national government. Although much of Kansas law reflects U.S. law, the state court’s arbitrary powers over labor-management conflicts, yellow dog contracts, civil rights, gender issues, and domestic relations set precedents that reverberated around the country. Sunflower Justice is a pioneering work that presents the history of a state through the use of its supreme court decisions as evidence.
R. Alton Lee traces Kansas’s legal history through 150 years of records, shedding light on the state’s political, economic, and social history in this groundbreaking overview of Kansas legal cases and judicial biographies. Beginning with the territorial justices and continuing through the late twentieth century, R. Alton Lee covers the dispossession of Native Americans’ land, the growth and impact of labor unions, antimonopoly cases against railroad and mining companies, a nine-year state ban on the movie Birth of a Nation, and implications and effects of desegregation, as well as the shooting of Dr. George Tiller for performing legal abortions. Because judicial decisions are not made in a vacuum, Lee presents each of the justices in the context of the era and their personal experiences before examining how their decisions shaped Kansas political, economic, social, and legal history.
In 1952, the Hill family was held hostage by escaped convicts in their suburban Pennsylvania home. The family of seven was trapped for nineteen hours by three fugitives who treated them politely, took their clothes and car, and left them unharmed. The Hills quickly became the subject of international media coverage. Public interest eventually died out, and the Hills went back to their ordinary, obscure lives. Until, a few years later, the Hills were once again unwillingly thrust into the spotlight by the media—with a best-selling novel loosely based on their ordeal, a play, a big-budget Hollywood adaptation starring Humphrey Bogart, and an article in Life magazine. Newsworthy is the story of their story, the media firestorm that ensued, and their legal fight to end unwanted, embarrassing, distorted public exposure that ended in personal tragedy. This story led to an important 1967 Supreme Court decision—Time, Inc. v. Hill—that still influences our approach to privacy and freedom of the press.
Newsworthy draws on personal interviews, unexplored legal records, and archival material, including the papers and correspondence of Richard Nixon (who, prior to his presidency, was a Wall Street lawyer and argued the Hill family's case before the Supreme Court), Leonard Garment, Joseph Hayes, Earl Warren, Hugo Black, William Douglas, and Abe Fortas. Samantha Barbas explores the legal, cultural, and political wars waged around this seminal privacy and First Amendment case. This is a story of how American law and culture struggled to define and reconcile the right of privacy and the rights of the press at a critical point in history—when the news media were at the peak of their authority and when cultural and political exigencies pushed free expression rights to the forefront of social debate. Newsworthy weaves together a fascinating account of the rise of big media in America and the public's complex, ongoing love-hate affair with the press.
Описание: This third volume in the history of the Florida Supreme Court describes the court during its most tumultuous years. Amid the upheaval of the civil rights movement, the Vietnam War, and Watergate, the story begins with reform in the entire Florida court system. It includes the court’s first black justice, Joseph Hatchett; Governor Reubin Askew’s new system for merit selection of justices; and revision of Article V, the section of the state constitution dealing with the judiciary. Neil Skene moves on to cover landmark court decisions; the introduction of cameras in court; changes to media law, personal injury law, and family and divorce law; privacy rights; gay rights; death penalty cases; and the appointment of the first woman justice, Rosemary Barkett. This book is an absorbing portrayal of a judicial institution adapting to a time of deep political and social change.
Описание: The development of an American Constitutional law after achieving independence eluded the Founders until the Constitutional Convention in 1787. With that event, America was set on a course to develop an unique system of law with roots deep in the English common law tradition. This new system of law, embodied in a Constitution, forever changed the course of American national development.
Описание: Ideal for legal historians and scholars interested in the evolution of legal systems, Habermas offers a fresh look at thievery in the German countryside in the nineteenth century and shows how these instances influenced the emergence of the modern legal system and a new conception of property emerged.
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