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: Chris W. Bonneau, Reginald S. Sheehan, Thomas H. H Название: Strategic Behavior and Policy Choice on the U.S. Supreme Court ISBN: 0804751463 ISBN-13(EAN): 9780804751469 Издательство: Wiley EDC Рейтинг: Цена: 4803.00 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: Keith, Ronald C. Название: China`s Supreme Court ISBN: 0415582210 ISBN-13(EAN): 9780415582216 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
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: Поставка под заказ.
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: Itoh, Hiroshi Название: The Supreme Court and Benign Elite Democracy in Japan ISBN: 0367602687 ISBN-13(EAN): 9780367602680 Издательство: Taylor&Francis Рейтинг: Цена: 6430.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
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: Поставка под заказ.
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.
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: John Agresto Название: Supreme Court and Constitutional Democracy ISBN: 0801492777 ISBN-13(EAN): 9780801492778 Издательство: Wiley EDC Рейтинг: Цена: 4117.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Автор: Marietta, Morgan Название: A Citizen`s Guide to the Constitution and the Supreme Court ISBN: 0415843812 ISBN-13(EAN): 9780415843812 Издательство: Taylor&Francis Рейтинг: Цена: 5664.00 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: Поставка под заказ.
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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