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: Lincoln Caplan Название: American Justice 2016: The Political Supreme Court ISBN: 0812248902 ISBN-13(EAN): 9780812248906 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3756.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
When the Democrat-appointed Justice Ruth Bader Ginsburg criticized Republican presidential nominee Donald Trump, she triggered concerns about judicial ethics. But the political concerns were even more serious. The Supreme Court is supposed to be what Alexander Hamilton called "the least dangerous" branch of government, because it is the least political. Justices have lifetime appointments to ensure their "complete independence" when deciding cases and controversies. But in the Roberts Court's most contested and important rulings, it has divided along partisan lines for the first time in American history: Republican presidents appointed the conservatives, Democrats appointed the liberals. Justice Ginsburg's criticisms suggested that partisan politics drive the Court's most profound disagreements. Well-respected political science supports that view. Has this partisan turn made the Court less independent and less trustworthy than the nation requires? The term ending in 2016 included more decisions and developments in almost fifty years for analyzing this question. Among them were major cases about abortion rights, the death penalty, immigration, and other wedge issues, as well as the death of Justice Antonin G. Scalia, leaving the Court evenly divided between conservatives and liberals. Legal journalist Lincoln Caplan dissects the recent term, puts it in historical context, and recommends ways to strengthen trust in the Supreme Court as the pinnacle of the American constitutional system.
Описание: A dissenting judgment, as ordinarily understood, is a judgment or an opinion of a judge, sitting as part of a larger bench, who dissents (i.e. disagrees) with the opinion or judgment of the majority. Dissenting judgments or opinions appear in different ways. Tracing, exploring and analysing all dissenting judgments in the history of the Supreme Court of India, from the beginning till date, Rohinton Fali Nariman brings to light the cases, which created a deep impact in Indias legal history. From the famous Bengal Immunity Co. Ltd. v. State of Bihar in 1955 to Bhagwandas Goverdhandas Kedia v. Girdharilal Pashottamdas and Co. in 1966, State of Bombay v. The United Motors (India) Ltd in 1953, Superintendent & Legal Remembrancer, State of West Bengal v. Corporation of Calcutta in 1967, Supreme Court Advocates-on-Record Association v. Union of India in 1993, Mafatlal Industries v. Union of India in 1997 and Pradeep Kumar Biswas v. Indian Institute of Chemical Biology in 2002, Keshava Madhava Menon v. State of Bombay in 1951, United Commercial Bank Ltd. v. Workmen and Ram Singh v. The State of Delhi in the same year and Union of India v. West Coast Paper Mills Ltd. in 2004 among others, this two-volume definitive work is a thorough examination of the important dissenting judgments of the Supreme Court of India, and of some of the Judges of the Supreme Court who have gone down as Great Dissenters, for having written dissents of legal and constitutional importance, some of which have gone on to be recognised as correct position of the law. Comprehensive, definitive and authoritative, this is a must a must have for legal scholars and practitioners. Besides, the book will greatly interest policy makers as well as anyone, interested in Indias legal history.
Автор: Chris W. Bonneau, Reginald S. Sheehan, Thomas H. H Название: Strategic Behavior and Policy Choice on the U.S. Supreme Court ISBN: 0804751455 ISBN-13(EAN): 9780804751452 Издательство: Wiley EDC Рейтинг: Цена: 13900.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Despite several decades of research on Supreme Court decision-making by specialists in judicial politics, there is no good answer to a key question: if each justice’s behavior on the Court were motivated solely by some kind of “liberal” or “conservative” ideology, what patterns should be expected in the Court’s decision-making practices and in the Court’s final decisions? It is only when these patterns are identified in advance that political scientists will be able to empirically evaluate theories which assert that the justices’ behavior is motivated by the pursuit of their personal policy preferences.
This book provides the first comprehensive and integrated model of how strategically rational Supreme Court justices should be expected to behave in all five stages of the Court's decision-making process. The authors’ primary focus is on how each justice’s wish to gain as desirable a final opinion as possible will affect his or her behavior at each stage of the decision-making process.
Автор: Sommer Udi Название: Supreme Court Agenda Setting ISBN: 1137399910 ISBN-13(EAN): 9781137399915 Издательство: Springer Рейтинг: Цена: 12577.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Much research is devoted to the decision-making power and precedent set by the Supreme Court. Less attention, however, is given to the strategic behavior during case selection. This book argues that case selection is done strategically, and by means of various criteria - influencing its constitutional position and importance.
Описание: This book offers the first quantitative study of decision-making on the UK Supreme Court. Covering the court's first ten years, it examines all stages of the court's decision-making process--from permission to appeal to the decision on the final outcome. The analysis of these distinct stages shows that legal factors matter. The most important predictor of whether an appellant will succeed in the Supreme Court is whether they've been able to convince judges in lower courts. The most important predictor of whether a case will be heard at all is whether it has been written up in multiple weekly law reports. But legal factors mattering doesn't mean that judges on the court are simply identical expressions of the law. The nature of the UK's court system means that judges arrive on the court as specialists in one or more areas of law (such as commercial law or family law), or even systems of law (the court's Scottish and Northern Irish judges). These specialisms markedly affect behavior on the court. Specialists in an area of law are more likely to hear cases in that area, and are more likely to write the lead opinion in that area. Non-specialists are less likely to disagree with specialists, and so disagreement is more likely to emerge when multiple specialists end up on the panel. Although political divisions between the justices do exist, these differences are much less marked than the divisions between experts in different areas of the law. The best way of understanding the UK Supreme Court is therefore to see it as a court of specialists.
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.
In this provocative and insightful book, constitutional scholar and journalist Garrett Epps reviews the key decisions of the 2013-2014 Supreme Court term through the words of the nation's nine most powerful legal authorities. Epps succinctly outlines one opinion or dissent from each of the justices during the recent term, using it to illuminate the political and ideological views that prevail on the Court. The result is a highly readable summary of the term's most controversial cases as well as a probing investigation of the issues and personalities that shape the Court's decisions. Accompanied by a concise overview of Supreme Court procedure and brief case summaries, American Justice 2014 is an engaging and instructive read for seasoned Court-watchers as well as legal novices eager for an introduction to the least-understood branch of government. This revealing portrait of a year in legal action dramatizes the ways that the Court has come to reflect and encourage the polarization that increasingly defines American politics.
Автор: Lambert Paul Название: Television Courtroom Broadcasting Effects ISBN: 0761860053 ISBN-13(EAN): 9780761860051 Издательство: Неизвестно Рейтинг: Цена: 31037.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The courts have had to deal with the increasing amount of technology. Televised courtroom broadcasting especially remains an issue. Despite three Supreme Court cases on this issue, the common thread between the cases has not been highlighted. This book analyzes these cases and the effects broadcasting has on the courts.
Автор: Alan Paterson Название: Final Judgment: The Last Law Lords and the Supreme Court ISBN: 1849463832 ISBN-13(EAN): 9781849463836 Издательство: Bloomsbury Academic Рейтинг: Цена: 9504.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Drawing on over 100 interviews, including a total of 36 Law Lords, this book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court.
Автор: Collins Название: Supreme Court Confirmation Hearings and Constitutional Change ISBN: 1107039703 ISBN-13(EAN): 9781107039704 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book presents a contrarian view to the idea that the confirmation of Supreme Court nominees by the Senate Judiciary Committee is merely empty ritual and political grandstanding. It uses empirical data and stories from over seventy years of transcripts to demonstrate that the hearings are a democratic forum for the discussion and ratification of constitutional change.
Название: Supreme Court and the Presidency ISBN: 0872895254 ISBN-13(EAN): 9780872895256 Издательство: Sage Publications Рейтинг: Цена: 21384.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Through primary source and other documents and insightful narratives, this work discusses appointments, prerogative governance, and the role of time and regimes in the complex scheme of checks and balances.
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