Описание: This reference guide provides the reader straightforward coverage on the controversial and often complicated topic of how the U.S. Supreme Court interprets the Religion Clauses of the U.S. Constitution, which promote the free exercise of religion and prohibit the establishment of religion. The resulting court decisions affects the lives of all Americans in an amazingly wide variety of contexts in the religious and government context. This diverse range includes abortion, conscience rights, drug use, military service, and the rights of same sex couples. These issues are highly controversial and often passionately divisive. This work specifically addresses how the Supreme Court has decided these issues during the tenure of the current Chief Justice, John Roberts. In applying the Religion Clauses to a specific case, the justices often follow the philosophical principles of what the Clauses mean. This book explains these differing ideologies and their significance in Supreme Court jurisprudence on cases where the Religion Clauses have been invoked. While holding to long-established principles, American law constantly evolves to meet the challenges of the United States and as a result of reinterpretation of existing legal issues. Chief Justice John Roberts has served on the Court since 2005. The Court has significantly changed during this time, especially in recent years. As jurists change, the overall judicial perspective of the Court changes as well, giving rise to a potentially new Constitutional jurisprudence in all areas of the law. In covering constitutional jurisprudence in contemporary America, we discuss complicated topics in plain English, with minimal jargon, to make the work as accessible as possible to students and general readers. Editorial enhancements are provided to help the researcher refine or expand their research. As a reference work, this book is not offered to persuade the reader to adopt a particular opinion, but instead, seeks to be unbiased, presenting differing positions on given issues, and facilitating the reader to make informed on some of the most important issues in contemporary American society.
The purpose of this work is to analyze the functioning of extra-legal references (general clauses) in the context of the relation between the legislative policy of opening the legal system and judicial discretion in the field of law interpretation. This publication is based on the analysis of normative acts (in Poland and other selected European countries) and judicial decisions (mainly Polish). The result of the study is an attempt to settle the scope of judicial discretion in determining the content of reference criteria, the basis for their application, and their role in various stages of the process of judicial interpretation of the law. The book concludes with an attempt to construct a comparative and an optimization model of the functioning of general clauses in the legal order.
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: 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.
Автор: Davison M. Douglas, Neal Devins Название: Year at the Supreme Court ISBN: 0822334372 ISBN-13(EAN): 9780822334378 Издательство: Wiley EDC Рейтинг: Цена: 14586.00 р. Наличие на складе: Нет в наличии.
Описание:
The United States Supreme Court’s 2002–03 term confounded Court watchers. The same Rehnquist Court that many had seen as solidly conservative and unduly activist—the Court that helped decide the 2000 presidential election and struck down thirty-one federal statutes since 1995—issued a set of surprising, watershed rulings. In a term filled with important and unpredictable decisions, it upheld affirmative action, invalidated a same-sex sodomy statute, and reversed a death sentence due to ineffective assistance of counsel. With essays focused on individual Justices, Court practices, and some of last year’s most important rulings, this volume explores the meaning and significance of the Court’s 2002–03 term. Seasoned Supreme Court advocates and journalists from The New Republic, The Los Angeles Times, Newsweek,National Journal, Slate, and Legal Times grapple with questions about the Rehnquist Court’s identity and the Supreme Court’s role in the political life of the country.
Some essays consider the role of “swing” Justices Sandra Day O’Connor and Anthony Kennedy within a Court that divides 5–4 more than any other group of Justices in the nation’s history. Others examine the political reaction to and legal context of the Court’s Lawrence v. Texas decision declaring a Texas law criminalizing homosexual sodomy unconstitutional. Contributors analyze the Court’s rulings on affirmative action and reassess its commitment to states’ rights. Considering the Court’s practices, one advocate explores the use and utility of amicus curiae, or “friend of the court” briefs, while another reflects on indications of an increased openness by the Court to public scrutiny. Two advocates who argued cases before the Court—one related to hate speech and the other to a “three strikes and you’re out” criminal statute—offer vivid accounts of their experiences. Intended for general readers, A Year at the Supreme Court is for all those who want to understand the Rehnquist Court and its momentous 2002–03 term.
Contributors Erwin Chemerinsky Neal Devins Davison M. Douglas David J. Garrow Dahlia Lithwick Tony Mauro Carter Phillips Ramesh Ponnuru Jeffrey Rosen David G. Savage Rodney A. Smolla Stuart Taylor Jr.
Progress was the byword of America's Gilded Age, a time of technological innovation, industrial growth, and overseas expansion. It was an era of emancipation for former slaves, settlement houses for immigrants, and colleges for women. Anti-saloon leagues called for the prohibition of alcohol, while citizens demanded labor regulations and food and drug laws. Confronted by all these forces of change, the Supreme Court appeared the bastion of conservatism in case after case as it defended the old moral and social order.
Progressive reformers of the time as well as historians of the twentieth century have depicted the era's nine justices as aging reactionaries or, worse, accused them of championing a laissez-faire, imperialistic reading of the U.S. Constitution. Now, in Guardians of the Moral Order, Mark Bailey rises to their defense. The conservatism of the Supreme Court from 1860 through 1910, he argues, reflects not a conversion to the gospel of wealth but a steadfast belief in the vision of man and society grounded in eighteenth-century Enlightenment ideas and nineteenth-century moral science. As college students, the justices learned these values through the philosophy courses central to the antebellum curriculum. As judges, their understanding of the law as a branch of moral science influenced their rulings on a wide array of social, political, and economic issues.
Taking the approach of an intellectual historian, Bailey examines the college education and legal training that these justices received. He then looks at their speeches and writings, both on and off the bench, to discover their views on such topics as the definition of private property, racial equality, and the rights of peoples in America's newly acquired territories. An unflagging faith in a divinely ordained natural order, he concludes, provided these men with their model for the social and moral order.
The worldview cherished by these men was shared by many Americans educated in antebellum schools, colleges, and law offices. Theirs was not a reactionary conservatism rabidly opposed to change but a deeply ingrained belief in immutable moral truths upon which civilization itself depended. If we are to understand the Gilded Age, as Bailey so convincingly demonstrates, we must acknowledge that ideas matter.
Автор: Shaw, Stephen K. ; Peder Название: Franklin D. Roosevelt and the Transformation of the Supreme Court ISBN: 0765610337 ISBN-13(EAN): 9780765610331 Издательство: Taylor&Francis Рейтинг: Цена: 6123.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Автор: Shaw, Stephen K. ; Peder Название: Franklin D. Roosevelt and the Transformation of the Supreme Court ISBN: 0765610329 ISBN-13(EAN): 9780765610324 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Автор: David Schneiderman, David Taras, Florian Sauvageau Название: Last Word: Media Coverage of the Supreme Court of Canada ISBN: 0774812443 ISBN-13(EAN): 9780774812443 Издательство: Wiley EDC Рейтинг: Цена: 5146.00 р. Наличие на складе: Нет в наличии.
Описание:
Media coverage of the Supreme Court of Canada has emerged as a crucial factor not only for judges and journalists but also for the public. It’s the media, after all, that decide which court rulings to cover and how. They translate highly complex judgments into concise and meaningful news stories that will appeal to, and be understood by, the general public. Thus, judges lose control of the message once they hand down decisions, and journalists have the last word.
To show how the Supreme Court has fared under the media spotlight, Sauvageau, Schneiderman, and Taras examine a year in the life of the court and then focus on the media coverage of four high-profile decisions: the Marshall case, about Aboriginal rights; the Vriend case, about gay rights; the Quebec Secession Reference; and the Sharpe child pornography case. They explore the differences between television and newspaper coverage, national and regional reporting, and the French- and English-language media. They also describe how judges and journalists understand and interact with one another amid often-clashing legal and journalistic cultures, offering a rich and detailed account of the relationship between two of the most important institutions in Canadian life.
Автор: C. L. Ostberg, Matthew E. Wetstein Название: Attitudinal Decision Making in the Supreme Court of Canada ISBN: 0774813113 ISBN-13(EAN): 9780774813112 Издательство: Wiley EDC Рейтинг: Цена: 14929.00 р. Наличие на складе: Нет в наличии.
Описание: This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. The groundbreaking discussion of the viability of this model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.
Автор: C. L. Ostberg, Matthew E. Wetstein Название: Attitudinal Decision Making in the Supreme Court of Canada ISBN: 0774813121 ISBN-13(EAN): 9780774813129 Издательство: Wiley EDC Рейтинг: Цена: 5146.00 р. Наличие на складе: Нет в наличии.
Описание: This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. The groundbreaking discussion of the viability of this model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.
Автор: David Schneiderman, David Taras, Florian Sauvageau Название: Last Word: Media Coverage of the Supreme Court of Canada ISBN: 0774812435 ISBN-13(EAN): 9780774812436 Издательство: Wiley EDC Рейтинг: Цена: 14929.00 р. Наличие на складе: Нет в наличии.
Описание:
Media coverage of the Supreme Court of Canada has emerged as a crucial factor not only for judges and journalists but also for the public. It’s the media, after all, that decide which court rulings to cover and how. They translate highly complex judgments into concise and meaningful news stories that will appeal to, and be understood by, the general public. Thus, judges lose control of the message once they hand down decisions, and journalists have the last word.
To show how the Supreme Court has fared under the media spotlight, Sauvageau, Schneiderman, and Taras examine a year in the life of the court and then focus on the media coverage of four high-profile decisions: the Marshall case, about Aboriginal rights; the Vriend case, about gay rights; the Quebec Secession Reference; and the Sharpe child pornography case. They explore the differences between television and newspaper coverage, national and regional reporting, and the French- and English-language media. They also describe how judges and journalists understand and interact with one another amid often-clashing legal and journalistic cultures, offering a rich and detailed account of the relationship between two of the most important institutions in Canadian life.
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