Legal systems: courts and procedures Books
The University of Michigan Press Crime in the Public Mind
Book Synopsis
£69.30
The University of Michigan Press The Federal Judiciary and Institutional Change
Book Synopsis
£69.30
The University of Michigan Press Legal Advocacy
Book Synopsis
£68.95
The University of Michigan Press Constitutional Judiciary in a New Democracy
Book Synopsis
£88.95
The University of Michigan Press Continuity and Change on the United States Courts
Book Synopsis
£68.95
The University of Michigan Press Inside Appellate Courts
Book Synopsis
£68.95
The University of Michigan Press The Consciousness of the Litigator
Book Synopsis
£38.15
The University of Michigan Press The Great Justices 194154
Book SynopsisPaints a picture of the relationship between ideas and reality, between the law and the men and women who must interpret it and create it. The author provides a glimpse into a Court in which titanic egos often clash. Pulling aside the veil of tradition and propriety, he reveals the personalities that shaped one of the greatest Courts of our time.
£47.98
The University of Michigan Press The Supreme Court on Trial
Book SynopsisPresents a range of historical, empirical, and documentary evidence to conclude that the American criminal justice system has its duty to protect the innocent. This book argues that the courts' efforts to protect privacy and autonomy result in thousands of wrongful convictions every year.
£47.66
The University of Michigan Press A Good Quarrel
Book SynopsisCourtroom proceedings offer the thrill of a sporting event and the drama of a stage production as lawyers match wits, grill witnesses, and introduce eleventh-hour elements that may upend the course of a trial. This title features the nation's best court reporters who discuss the most memorable cases over the years.
£68.95
The University of Michigan Press Inconsistency and Indecision in the United States
Book SynopsisThe US Supreme Court exists to resolve constitutional disputes between the lower courts and the other branches of government. American law and society function more effectively when the Court resolves ambiguous questions of Constitutional law. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions.Trade ReviewThe author sets out to accomplish an ambitious task and, in my view, achieves that task. The phenomenon under investigation has not received sufficient attention in the extant literature and Matthew B. Hitt's treatment of it is both wide and deep."" - Wendy Martinek, Binghamton University
£61.70
LUP - University of Michigan Press Its Not Personal Politics and Policy in Lower
Book SynopsisAnalyses transcripts for all district and circuit court confirmation hearings between 1993 and 2012. The authors find that the practice of confirmation hearings for district and circuit nominees provides an important venue in which senators can advocate on behalf of their policy preferences and bolster their chances of being reelected.Trade Review“An outstanding contribution to our understanding of both judicial and congressional politics. In addition to providing substantial insight into the selection of lower federal court judges, it is an excellent example of how to bridge the divide between quantitative and qualitative approaches to political science and law.” — Paul M. Collins Jr., University of Massachusetts, Amherst"This book offers a really interesting, in-depth exploration of lower federal court confirmation hearings and the goals of the senators participating in them. The authors illuminate in rich detail how senators pursue policy and electoral goals while also exercising their constitutional advise and consent function." —Amy Steigerwalt, Georgia State University
£57.90
University of California Press Lawyers Lawsuits and Legal Rights
Book SynopsisDescribes that America is a nation not of litigious citizens, but of litigious policies - laws that promote the use of litigation in resolving disputes and implementing public policies.Trade Review"Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but - I hope - to reshape it." - Jonathan Rauch, author of Government's End"Table of ContentsAcknowledgments Introduction 1. The Battle over Litigation 2. The Creation of a Litigious Policy: The Americans with Disabilities Act 3. A Failed Antilitigation Effort: The Struggle over No-Fault Auto Insurance in California 4. A Shot of Antilitigation Reform: The Vaccine Injury Compensation Program 5. Understanding the Litigation Debate Notes Index
£23.40
University of California Press Contested Ground
Book SynopsisThe Trump presidency was not the first to spark contentious debates about presidential power, but its impact on these debates will reverberate far beyond his term. The same rules must apply to all presidents: those whose abuses of power we fear, as well as those whose exercises of power we applaud. In this brief but wide-ranging guide to the presidency, constitutional law expert Daniel Farber charts the limits of presidential power, from the fierce arguments among the Framers to those raging today. Synthesizing history, politics, and settled law, Contested Ground also helps readers make sense of the gaps and gray areas that fuel such heated disputes about the limits of and checks on presidential authority. From appointments and removals to wars and emergencies, Contested Ground investigates the clashes between branches of government as well as between presidential power and individual freedom. Importantly, Farber lays out the substance of constitutional law and the way it is entwinTrade Review"While Contested Ground challenges the public perception that presidents have nearly unlimited authority, it also stresses that legal checks and balances only go so far." * California Magazine *Table of ContentsPreface Introduction 1. Creating the Presidency 2. Clashing Visions of Presidential Power 3. The President and Foreign Affairs 4. Taking the Country to War 5. The Bureaucrat in Chief 6. The Domestic Policy Czar 7. Presidential Power versus Individual Rights 8. The President and the Courts 9. Congressional Checks and Balances 10. Concluding Thoughts Afterword Sources and Further Reading Index
£20.70
University of California Press The War in Court
Book SynopsisHow hundreds of lawyers mobilized to challenge the illegal treatment of prisoners captured in the war on terror and helped force an end to the US government's most odious policies. In The War in Court, sociologist LisaHajjartraces the fight against the US torture policy by lawyers who brought the war on terror into the courts. Their victories, though few and far between, forced the government to change the way prisoners were treated and focused attention on state crimes perpetrated in the shadows. If not for these lawyers and their allies, US torture would have gone unchallenged because elected officials and the American public, with a few exceptions, did nothing to oppose it. This war in court has been fought to defend the principle that there is no legal right to torture. Told as a suspenseful, high-stakes story, The War in Court clearly outlines why challenges to the torture policy had to be waged on the legal terrain and why hundreds of lawyers joined the fight. Drawing on eTrade Review"Hajjar...revisits the subject of US torture of detainees after the terrorist attacks of September 11, 2001. Her focus is the group of lawyers who tried to use law, national and international, to stop and redress abusive US policies. . . . [S]he does an excellent job of systematically examining the political and legal dimensions of the subject, bringing everything up to date." * CHOICE *"A suspenseful, high-stakes story." * Law & Social Inquiry *"A riveting account of the legal challenges to the George W. Bush administration’s torture policies, with a particularly insightful focus on the military commission proceedings at Guantánamo Bay Naval Base. . . . Hajjar extracts some hope from what is often a dispiriting narrative." * Criminal Law and Criminal Justice Books *"Hajjar’s masterful account of how the United States has descended into a pro-torture nation will benefit sociologists and historians for generations to come." * Social Forces * "The War in Court brings the dark story of U.S. torture in the “war on terror” to light, the utter bankruptcy of the endeavor from its origin, and the heroism of those who resisted." * Against the Current: A Socialist Journal *Table of ContentsList of Illustrations List of Abbreviations Preface Introduction: Why Torture Matters 1 • Taking the "War on Terror" to Court 2 • Enter the Warriors 3 • Mapping the Lines of Battle 4 • The War in Court Takes Off 5 • Winning Some, Losing Some 6 • Fighting for Justice at Home and Abroad 7 • Trying Guantánamo 8 • New Battles, Same War 9 • Obama's Guantánamo 10 • The Last Front Conclusion: The Afterlives of Torture Acknowledgments Sources and Further Readings Index
£21.25
University of California Press Twenty Million Angry Men The Case for Including
Book SynopsisToday, all but one U.S. jurisdiction restricts a convicted felon's eligibility for jury service. Are there valid, legal reasons for banishing millions of Americans from the jury process? How do felon-juror exclusion statutes impact convicted felons, jury systems, and jurisdictions that impose them?Twenty Million Angry Menprovides the first full account of this pervasive yet invisible form of civic marginalization. Drawing on extensive research, James M. Binnall challenges the professed rationales for felon-juror exclusion and highlights the benefits of inclusion as they relate to criminal desistance at the individual and community levels. Ultimately, this forward-looking book argues that when it comes to serving as a juror, a history of involvement in the criminal justice system is an asset, not a liability. Trade Review"Not only is Twenty Million Angry Men, a quick read, but it is well written. The book reviews and contextualizes the most important scholarship that has been done on the subject of felon juror exclusion. . . . Much like the field of convict criminology, felon-juror research demonstrates how previously convicted people can make a positive contribution to understanding the subtleties of the criminal justice process that lay people often overlook." * British Journal of Criminology *"Scholars and activists need look no further than Binnall’s book for a powerful exposition of the flaws in felon-juror exclusions and compelling evidence that allowing felon-jurors to serve would enhance 'our purest form of civic engagement.'" * Law & Society Review *“Twenty Million Angry Men: The Case for Including Convicted Felons in Our Jury System is a powerful title, and gives a useful preview of some of the emphases of this important book. James Binnall demonstrates the broad scope of this form of jury exclusion, unearths fascinating new material about the emotions of those involved, presents a multi-tiered argument for change, and shows, through his upfront ownership of the word ‘felon,’ that he is not going to shy away from exposing and tackling stigmatizing labels in this area of the law.” * Criminal Law and Criminal Justice Books *"This book will interest students and scholars of American jurisprudence, sociology of law, and desistance studies." * CHOICE *"Well organized and…tightly argued." * Critical Criminology *Table of ContentsAcknowledgments Introduction 1 • Framing the Issue 2 • Rotten to the Core? 3 • Honor Among Thieves 4 • Sequestering the Convicted: Part I 5 • Sequestering the Convicted: Part II 6 • Criminal-Desistance Summoned 7 • A Community Change Agent 8 • A Healthy Ambivalence Conclusion Epilogue Appendix A Appendix B Appendix C Notes References Index
£64.00
University of California Press Twenty Million Angry Men
Book SynopsisTrade Review"Not only is Twenty Million Angry Men, a quick read, but it is well written. The book reviews and contextualizes the most important scholarship that has been done on the subject of felon juror exclusion. . . . Much like the field of convict criminology, felon-juror research demonstrates how previously convicted people can make a positive contribution to understanding the subtleties of the criminal justice process that lay people often overlook." * British Journal of Criminology *"Scholars and activists need look no further than Binnall’s book for a powerful exposition of the flaws in felon-juror exclusions and compelling evidence that allowing felon-jurors to serve would enhance 'our purest form of civic engagement.'" * Law & Society Review *“Twenty Million Angry Men: The Case for Including Convicted Felons in Our Jury System is a powerful title, and gives a useful preview of some of the emphases of this important book. James Binnall demonstrates the broad scope of this form of jury exclusion, unearths fascinating new material about the emotions of those involved, presents a multi-tiered argument for change, and shows, through his upfront ownership of the word ‘felon,’ that he is not going to shy away from exposing and tackling stigmatizing labels in this area of the law.” * Criminal Law and Criminal Justice Books *"This book will interest students and scholars of American jurisprudence, sociology of law, and desistance studies." * CHOICE *"Well organized and…tightly argued." * Critical Criminology *Table of ContentsAcknowledgments Introduction 1 • Framing the Issue 2 • Rotten to the Core? 3 • Honor Among Thieves 4 • Sequestering the Convicted: Part I 5 • Sequestering the Convicted: Part II 6 • Criminal-Desistance Summoned 7 • A Community Change Agent 8 • A Healthy Ambivalence Conclusion Epilogue Appendix A Appendix B Appendix C Notes References Index
£22.50
University of California Press Democracys Chief Executive
Book SynopsisLegal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution's vesting of executive power means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy's Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for authoritarianism. Democracy's Chief Executive explains how dogmatic ideas about expansive executive authority can create within the government a psychology of presidential entitlement that threatens American democracy and the rule of law. Tracing today's aggressive presidentialism to a steady consolidatiTrade Review"[A] useful and timely book." * Survival: Global Politics and Strategy *Table of ContentsContents Prologue: Toward a Pro-Democracy Constitutional Presidency Part One Aggressive Presidentialism: Originalism Done Badly 1 • From the “Unitary” to the “Entitled” Executive 2 • The “Chief Prosecutor” Myth 3 • Politicizing the “Deep State”: Presidents and the Bureaucracy Part Two Constitutional Interpretation for Democracy 4 • The Originalist Mirage of Presidential Power 5 • Interpreting Democracy’s Constitution Part Three Democracy’s Chief Executive 6 • Democracy’s Presidency 7 • Breaking the Grip of Presidentialism Acknowledgments Notes Suggested Further Reading Index
£21.25
Cambridge University Press The High Court of Delegates Cambridge Studies in English Legal History
Book SynopsisThis book, a study of the principal appellate court in the English civil law hierarchy, the High Court of Delegates, examines the history, jurisdiction, procedure, personnel and records of the court from the mid-sixteenth century until its abolition in 1832. In an introductory historical survey, the author considers the earlier provisions for civil law appeal, the circumstances surrounding the creation of the Court of Delegates, and its history from the mid-sixteenth century until 1832. After a general discussion of the jurisdiction of the court, Dr Duncan goes on to a detailed discussion of several jurisdictional problems: in particular he deals with the relationship between the Court of Delegates and certain other Judicial bodies, and with the extent of the Court's original jurisdiction. He devotes two chapters to commissions of delegacy and commissions of review, analysing the rules which governed the right of a party to appeal to the Court of Delegates, and also to appeal from a deTable of Contents1. The Court of Delegates - an historical survey; 2. Jurisdiction; 3. Commissions of Delegacy; 4. Commissions of Review; 5. Procedure - Causes Inter Partes - The Preliminaries; 6. Procedure - Causes Inter Partes - Proof by Witnesses; 7. Procedure - Causes Inter Partes - Proof by Documents; 8. Procedure - Causes Inter Partes - Sentence and Execution; 9. Procedure - Causes of Office; 10. The Personnel of the court; 11. The Locale of the court; 12. The Records of the court.
£33.99
Cambridge University Press History of the Supreme Court of the United States Volume 2 Oliver Wendell Holmes Devise History of the Supreme Court of the United States
Book SynopsisFoundations of Power: John Marshall, 1801â1815 is the second volume of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. The volume covers the beginnings of the Supreme Court under Chief Justice John Marshall and surveys the first fourteen years of John Marshall's tenure. The authors describe the judicial business transacted by the chief justice and the ten Associate Justices with whom he served during those years. They argue that John Marshall's great accomplishment as Chief Justice was to establish the rule of law as the basis of the Supreme Court's jurisprudence. The book chronicles how, by becoming 'a bulwark of an identifiable rule of law as distinct from the accommodations of politics', the relatively feeble institution of the 1790s moved toward the authoritative Marshall Court of 1819.Table of ContentsPart I: Preface; 1. The state of the union; 2. The posture of American politics in 1801: the clash of ideologies and the roots of political allegiance; 3. The court in Washington; 4. The federal judicial system - 1801–1802; 5. Jefferson's attack on the federal judiciary; 6. Marbury v. Madison; 7. Impeachment; 8. Habeas corpus, treason, and the trial of Aaron Burr; 9. Executive power and the judiciary: the embargo; 10. States' rights and the national judiciary; Part II: 1. Introduction: the business of the court; 2. Illegal trade and prize cases; 3. Marine insurance and instance cases; 4. The articulation of American nationality; 5. International law and the Supreme Court; 6. Business enterprise and the Supreme Court; 7. Public land policy and the Supreme Court; 8. Jurisdiction and procedure of federal courts and the federal common law of crimes; 9. Conclusion.
£155.80
John Wiley and Sons Ltd Language Crimes
Book SynopsisLanguage Crimes tells the story of some of the remarkable criminal court cases in which Roger Shuy has served as a consultant or expert witness. These intriguing cases show how linguistic analysis can help the courts unravel the ambiguities of taped conversations used in evidence.Trade Review"Roger Shuy's book explores some of the most fascinating trials in recent times. His use of linguistic analysis in hearings that involve crimes of language is stunningly creative and makes for gripping reading." Elizabeth Loftus, University of Washington "Dr Roger Shuy's Language Crimes is an important book. Through the use of materials taken from a series of actual criminal prosecutions, Shuy amply shows the value of sophisticated linguistics analysis for the proper interpretations of oral conversations recorded on electronic tape. Shuy's book, too, is easily read by those without a technical background in linguistics, as he keeps his use of professional jargon to the minimum. As such, Language Crimes should be read - and studied - by all those involved in investigating, prosecuting, defending, and judging in the administration of justice." G. Robert Blakey, The Notre Dame Law School Language Crimes is a clear and lively exposition of one linguist's important work in bringing the knowledge and skills developed by linguistics into the courtroom, where (as he demonstrates) they are badly needed."Robin Lakoff, University of California, Berkeley "An excellent work for the student, the lawyer, and the lingust who may not have explored this field at all. The field of Language and Law can truly be seen as having come of age when so prominent a scholar as Roger Shuy has brought forth so readable a volume." American Speech "A valualbe addition to the understanding of both linguists and lawyers of the contributions the work of the former can make to that of the latter."Book Reviews "Clear and readable book" Language in SocietyTable of ContentsForeword vi Introduction: New Directions xv 1. Misconceptions about Language in Law Cases 1 2. Bribery 20 3. Offering Bribes 43 4. Agreeing 66 5. Threatening 97 6. Admitting 118 7. Telling the Truth Versus Perjury 136 8. Promising 157 9. Asking Questions 174 10. On Testifying 200 Index 206
£40.46
Penguin Random House India Discordant Notes Volume 2
Book Synopsis
£22.94
Harvard University Press The Warren Court and American Politics
Book SynopsisIn a learned and lively narrative discussing over 200 significant rulings, Lucas A. Powe, Jr. explores why the Supreme Court under Chief Justice Earl Warren was the most revolutionary and controversial Supreme Court in American history. Powe finds the Warren Court to be a functioning partner in KennedyJohnson liberalism.Trade ReviewMr. Powe describes himself as someone who 'worshipped' the Warren Court. Even so, he portrays it impartially as the super-legislature it often resembled—an outcome-directed body that rarely worried about constitutional theory or precedent… The court set into motion a philosophy of political activism—heedless of constitutional doctrine—that has become, for many judges ever since, almost a way of life. This cannot be a good thing, however much we might applaud some of the Warren court's rulings or the good intentions that lay behind them. Admirably, especially for someone still enthralled by the Warren Court, Mr. Powe seems to recognize this. -- Jay P. Lefkowitz * Wall Street Journal *[Powe's] book would be of considerable interest to students of the judiciary even if its sole virtue were the deftness with which Powe organizes and analyzes the unusually large number of important decisions that the Supreme Court rendered during the controversial tenure of Chief Justice Earl Warren. In this respect, Powe is deserving of comparison to such eminent chroniclers of the Court's history as Henry Abraham, Alfred Kelly, and Winfred Harbison. The book's purpose, however, is as ambitious as its scope… A comprehensive (and accessible) history of the Warren Court. -- Jeffrey D. Hockett * Jurist: Books-on-Law *An intriguing…history of the path-breaking, even revolutionary, court under Chief Justice Earl Warren in the 1950s and 1960s. Rarely for a constitutional scholar, Powe places the Warren court's most famous cases in their political context…[in] a colorful tale. The liberal Warren court's decisions on race, crime, religion, free speech and obscenity startled, delighted or outraged contemporaries and had a far-reaching impact on American politics and society. * The Economist *In an important book, Lucas A. Powe, Jr. argues that the familiar debate about the merits of the Warren Court is, in fact, wrong. Far from being a group of liberal judicial activists who imposed their views on an unwilling nation, Powe argues, the Warren Court was, for much of its tenure, remarkably deferential to the political branches… Powe persuasively argues that the most important decision of…[the Warren Court] can be justified as an effort to unclog, rather than to thwart, the expression of majority will. -- Jeffrey Rosen * New Republic *A thorough and enlightening [read]. -- Mary Carroll * Booklist *Professor Powe has written a masterful book, the best on the Supreme Court in a generation. Not only will it be seen as a definitive account of the Warren Court, but it will also be viewed as a seminal work on the U.S. Supreme Court. With this work, Powe stakes a powerful claim to be seen as the heir to Robert McCloskey. Powe has written in the best tradition of works at the intersection of law, political science, and history. Decision making in the Supreme Court depends on law, attitudes, personalities, contexts, and sometimes fortune. This book demonstrates this in a way that will seem exactly right to most students of the Court. Not since Walter Murphy's classic Elements of Judicial Strategy have we had a book that does this so elegantly and persuasively. -- H. W. Perry, author of Deciding to Decide: Agenda Setting in the United States Supreme CourtProfessor Powe, demonstrating total control of the legal and historical materials, illuminates how the Warren Court was deeply embedded in the culture and politics of its time, particularly the Kennedy–Johnson liberalism of the mid and late 1960s. In doing so, he has resuscitated a neglected and valuable tradition of the institutional analysis of public law and given us a deeper understanding of what lies ahead for America in the new millennium. -- Mark Yudof, University of MinnesotaWriting accessibly, and often irreverently, Powe locates the Warren Court within the major political movements of the era and convincingly refutes the notion that the Court was a forum of principle that ignored the political world outside its marble palace. Although there will undoubtedly be other treatments of the Court, Powe's ambitious and comprehensive survey establishes a very high threshold for any future historians to meet. -- Sanford Levinson, author of Written in Stone: Public Monuments in Changing SocietiesThis book makes an important contribution to our understanding of the Warren Court. Numerous scholars have asserted that Earl Warren and his fellow justices were deeply involved in politics and mindful of changing political currents, but L.A. Powe is the first to have demonstrated detailed connections between the legal opinions issued by Warren Court justices and contemporaneous political arguments made by members of Congress and the Executive branches. The Warren Court and American Politics represents a skillful blending of the techniques and concerns of legal scholars and political scientists, combined in a lively, at times riveting, narrative. -- G. Edward White, University of Virginia School of LawFinally we have a comprehensive, readable, and clear-headed history of the Warren Court. This book is not only essential but absolutely required reading for everyone interested in American constitutional history, politics, and law. -- Stephen M. Griffin, Tulane Law SchoolPowe has revived an honorable genre—the study of the Supreme Court as a political institution—a field once graced by the likes of E.S. Corwin, Alpheus Mason, and Walter Murphy. Powe reminds us that the Court is a political institution, one of three branches of government, and as such can only be understood in the larger context of American politics. The book is a tour de force, brimming with insights and elegantly written. He reminds us all of what political science once was, and what it could be again. -- Melvin I. Urofsky, Virginia Commonwealth UniversityPurely legal analysis emphasizes the logical links, or absence of them, between the questions raised in two or more cases and the answers given to them. Purely political analysis relies on social history as an explanation for judicial decisions. A more complete picture results, as Powe argues, from a combination of the two… Powe has done his non-psychological homework, however, and he presents new material resulting from research about Brennan, Tom Clark, and Douglas…he suggests that the Court 'was not worrying about Constitutional theory but rather reaching results that conformed to the values that enjoyed significant national support in the mid-1960s.' His well-researched and lively volume presents strong evidence that he is correct. -- Philippa Strum * Journal of American History *The Warren Court and American Politics is a spectacularly good book. Written for an audience of educated non-lawyers, it provides the best available account of the relationship between the Warren Court's liberalism and American politics during the entire period of Earl Warren's tenure… It retrieves the nearly forgotten period of stalemate. Its argument that the South must be seen at the center of the Warren Court's work in free speech, religion, and criminal procedure illuminates the Court's enterprise better than any other account of which I am aware. -- Mark V. Tushnet * Texas Law Review *Challenging the reigning consensus that the Warren Court fundamentally protected minorities, this book examines the Supreme Court in a wider political environment. Powe argues that the Court was a functioning partner in Kennedy–Johnson liberalism and thus helped impose national liberal-elite values on groups that were outliers to that tradition. * Law and Social Inquiry *Table of ContentsPreface 1. The Supreme Court, 1935 -1953 I. Beginnings: The 1953 -1956 Terms Prologue: Brown before Warren 2. Brown 3. Implementation 4. Domestic Security 5. Glimpses of the Future II. Stalemate: The 1957 -1961 Terms Prologue: "Dangerously, Shockingly Close" 6. Domestic Security after Red Monday 7. Little Rock and Civil Rights 8. The Transition III. History's Warren Court: The 1962 -1968 Terms Prologue: The Fifth Vote 9. To the Civil Rights Act 10. Revamping the Democratic Process 11. After the Civil Rights Act 12. Freedom of Expression 13. The End of Obscenity? 14. Church and State in a Pluralist Society 15. Policing the Police 16. Policing the Criminal Justice System 17. Wealth and Poverty IV. The Era Ends Prologue: Retirement 18. The Last Year 19. What Was the Warren Court? Chronology Notes Bibliography Index of Cases General Index
£25.46
Harvard University Press Laws of Men and Laws of Nature
Book SynopsisAre scientific expert witnesses partisans or spokesmen for objective science? Golan tells stories of courtroom drama and confusion and media jeering on both sides of the Atlantic, until the start of the 21st century, as the courts still search for ways that will allow them to distinguish between good and bad science.Trade ReviewIn this witty book, Tal Golan shows how the Anglo-American legal system accommodated itself partially and reluctantly to the laws of science and the agitation of scientists. In style and substance, Laws of Men and Laws of Nature shines as a work in the history of science and eclipses most contemporary science studies. -- J. L. Heilbron, author of The Sun in the Church: Cathedrals as Solar ObservatoriesIn disputes ranging across health, the environment, regulation, crime, and myriad other features of contemporary society, science is ubiquitous in the courts. In compelling prose, Tal Golan brilliantly illuminates the historical roots of the interplay between science and the law, showing that it has a history going back to the late 18th century and revealing how each affected the other, with the legal process calling forth expert research and the claims of scientific expertise helping to shape the rules of evidence. This is a major, authoritative work, of groundbreaking importance. -- Daniel J. Kevles, author of The Baltimore Case: A Trial of Politics, Science, and Character[An] engaging history of expert evidence in the Anglo-American courtroom...Laws of Men and Laws of Nature is both well written and wide-ranging, traveling from 18th-century England to early 20th-century America, from patent law to microscopy to experimental psychology...An extremely able, much-needed account of the tangled, troubled connections between the world of law and the world of science. -- Jennifer L. Mnookin * American Scientist *This fascinating history of scientific expert testimony explores the relations between science and law in the courts of England and America over the past two centuries. It covers the late-18th-century court case over the supposed causes of the decay of Wells harbour in Norfolk, on England's east coast; the difficulties of distinguishing human from animal blood in the 19th century; the gradual acceptance of X-ray, photographic and other 'silent witness' evidence in the 20th century; and the unsettled debate over the accuracy of lie-detector tests...For anyone who finds themselves at the ever-controversial interface between science and the law, this book provides invaluable context and a most interesting read. * New Scientist *[An] original and thoughtful [history] of the fitful relationship between science and the law from its roots in the 18th century common law. -- Bettyann Holtzmann Kevles * Science *This book will be enjoyed not only for its insight into the development of expert evidence but also into the history of industrial relations. -- Oliver Popplewell * Times Higher Education Supplement *Trials are the stuff of Tal Golan's engaging narrative as he briskly guides his readers through some of the formative moments in a century or so of scientific expert testimony in English and American common law. -- Sheila Jasanoff * Nature *Tal Golan's Laws of Men and Laws of Nature is an important historical examination of scientific expert testimony in Common Law courts. Golan accomplishes this through an examination of the relationship between the institution of law and the institution of science Unfortunately, their relationship has gone largely ignored by historians of each field respectively Tal Golan's book contributes importantly to our understanding of expert testimony, and, more broadly, the relationship between law and science. Furthermore, it is essential for understanding the current status of expert testimony in trials Readers will appreciate the book's historical detail. Golan's retelling of history is excellent: not burdened with minutiae but sufficiently colorful to maintain interest Golan effectively argues that law and science evolved concomitantly, and those interested in the relationship between these two institutions will find this book indispensable. -- Christopher Salinas * Argumentation and Advocacy *Marvelous...Tal Golan, a historian of science at the University of California at San Diego, takes us on an intimate tour of the centuries-long love-hate relationship between science and the law...Mr. Golan's book is especially timely, as in America we seem more suspicious than ever of the role of science in the courtroom. It is instructive, therefore, to take a stroll through history in this book, and see the many ways that bringing science into the courtroom served the greater good. -- Carla T. Main * New York Law Journal Magazine *Professor Golan has produced an important work, a long-overdue historical addition to the scientific evidence literature. It is a must-read, not only for scientific evidence scholars, but also for anyone seeking a richer understanding of the continuing and frustrating conflicts between law and science. -- Edward K. Cheng * Michigan Law Review *
£26.31
Harvard University Press Holding Bishops Accountable How Lawsuits Helped
Book SynopsisChild sexual abuse by Catholic clergy and its cover-up by church officials have obscured the story of the tort system's success in bringing the scandal to light. The lessons of clergy litigation give reason to reconsider the case for tort reform and to examine how tort litigation can enhance performance of policymaking institutions.Trade ReviewTimothy Lytton makes a persuasive, even compelling, argument that tort litigation set the agenda for policymakers dealing with sexual abuse of minors in the American Catholic Church. His learned interdisciplinary approach blends institutional analysis with acute observation of how the victims' counsel used the media to make the issue salient to the public and the discovery process to keep the issue interesting to the media. His book should be read, indeed studied carefully, by anyone who wants to understand the crisis as a whole. -- Michael R. Merz, Chair, National Review Board of the Catholic Bishops ConferenceHolding Bishops Accountable is a systematic and convincing examination of the conditions under which tort litigation can work to produce socially desirable consequences. Lytton demonstrates that litigation led to certain kinds of media coverage that framed the sexual abuse scandal in the Catholic Church in terms of 'institutional failure,' helped place child sexual abuse on public and institutional agendas, and resulted in the disclosure of crucial information that might not otherwise have been revealed. -- Austin Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst CollegeFinally there's a fair-minded and thorough look at the impact--positive and negative--of the legal arena in the Catholic Church's on-going sex abuse and cover up scandal. For those who want to better understand this crisis, and help prevent the next one, this book is essential." -- David Clohessy, National Director of the Survivors Network of those Abused by Priests (SNAP)Timothy Lytton hits the nail on the head with this provocative book about the institutional failure of the Roman Catholic Church that led to the sexual abuse of tens of thousands of innocent children. Never before has the American tort system played such an influential role in educating the public and encouraging massive change in the way children are protected. -- Jeff Anderson,Trial Attorney, Jeff Anderson & Associates, P.A.This book will be of immense value to scholars of law and society yet also reads well to the layperson interested in the sexual abuse scandal involving Catholic clergy. Lytton does well in narrowing his research to give proper historical context to the sexual abuse scandal while simultaneously discussing the scandal as emblematic of institutional failure requiring institutional reform. -- R. S. Lorenz * Choice *Table of Contents* Timeline of Events * Introduction * I. An Overview of Clergy Sexual Abuse Litigation *1. A Short History *2. Statistics *3. Legal Issues * II. Litigation and Policymaking *4. Framing Clergy Sexual Abuse as a Problem of Institutional Failure *5. Placing Clergy Sexual Abuse on Policy Agendas *6. Uncovering Concealed Information * III. Tort Litigation as a Policy Venue * Assessing the Results of Clergy Sexual Abuse Litigation * The Complementary Policymaking Role of Tort Litigation * Appendixes * Notes * Acknowledgments * Index
£39.06
Harvard University Press Lincoln and the Court
Book SynopsisThis meticulously researched and engagingly written narrative rescues the story of Abraham Lincoln and the Supreme Court from long and undeserved neglect, recounting the compelling history of the Civil War president's relations with the nation's highest tribunal and the role it played in resolving the agonizing issues raised by the conflict.Trade ReviewThe most complete account to date of President Lincoln and the Supreme Court in wartime. In a beautifully written narrative, McGinty makes complicated legal issues accessible, and his descriptions of the Dickensian characters involved in this contentious and critical period are fascinating. He makes clear that of all U.S. presidents, Lincoln was the lawyer in the White House. -- Frank J. Williams, Chief Justice of the Rhode Island Supreme Court, and founding chair of The Lincoln ForumMcGinty's outstanding work on Lincoln's relationship with the Supreme Court has long been needed, and is especially trenchant as we deal anew with the limits of governmental power versus individual rights. McGinty brings a valuable background in law to this thoughtful and perceptive account of what Lincoln and the war did to and with the relationship between law and freedom. -- William C. Davis, author of Jefferson Davis: The Man and His HourMcGinty offers a lucid review of the major Civil War Supreme Court cases. The Civil War, as McGinty explains, was a struggle over constitutional interpretation: did Lincoln have the constitutional authority to do whatever he thought necessary to compel seceding states back to the Union? He thought so, but Chief Justice Roger Brooke Taney sometimes stood in his way. The first major clash was over Lincoln's suspension of habeas corpus, which Taney declared unconstitutional in the 1861 Merryman case. In 1862 came another battle, the Prize cases, regarding the constitutionality of Lincoln's declaring a blockade of Confederate ports. The Court also heard cases about whether a Union citizen could criticize a president during wartime and whether the Treasury Department could regulate trade between a Union state and the Confederacy. McGinty says that the Court "could have struck down the president's major war measures" but "chose not to do so"... McGinty's engaging account, which treats a topic with obvious parallels to the present, will delight history buffs. * Publishers Weekly *It's not easy to find Lincoln territory where good, open grazing land remains, but McGinty has found it. Combining expertise as an attorney and historian with a style that welcomes readers, he gives us Lincoln the lawyer-president who worked with a Supreme Court to which he ultimately appointed five members. The Civil War brought forth numerous legal conflicts, and McGinty shows that the personalities and issues involved were as vital and fascinating as those we are more familiar with on the military side. -- Margaret Heilbrun * Library Journal *[A] fascinating book...The issue of presidential power in wartime is as fresh as today's headlines. -- Charles Lane * Washington Post *Lincoln and the Court addresses a subject that has been neglected, if not ignored, by historians: the story of our sixteenth president and the Supreme Court during the Civil War...Brian McGinty has written an important book for military historians...This is a well-written, tightly organized, and thoughtful book that will appeal to anyone interested in a new perspective on Lincoln's actions as Commander-in-Chief, and the legality of measures he took to achieve a Union victory. -- Fred L. Borch * Journal of Military History *Table of ContentsIntroduction 1. A Solemn Oath 2. Dred Scott 3. First Blood 4. Judges and Circuits 5. The Prizes 6. The Boom of Cannon 7. The Old Lion 8. A New Chief 9. A Law for Rulers and People 10. The Union Is Unbroken 11. History in Marble Afterword: The Legacy Acknowledgments Abbreviations Notes Bibliography Index
£30.56
Harvard University Press How Judges Think OISC
Book SynopsisA distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.Trade ReviewPosner is unique in the world of American jurisprudence, a highly regarded U.S. appellate judge and a prolific and controversial writer on legal philosophy. Opinionated, sarcastic and argumentative as ever, Posner is happy to weigh in not only on how judges think, but how he thinks they should think. When sticking to explaining the nine intellectual approaches to judging that he identifies, and to the gap between legal academics and judges, and his well-formulated pragmatic approach to judging, Posner is insightful, accessible, often funny and a model of clarity. * Publishers Weekly *Posner's latest book, How Judges Think, is important, if only because it's Posner looking at his own profession from the inside. Two of the chapters, "Judges Are Not Law Professors" and "Is Pragmatic Adjudication Inescapable?," are worth the price of admission by themselves. The book can be read as one long screed against the jurisprudence of Supreme Court Justice Antonin Scalia, and stands as a refutation to those who believe the category of conservative can lazily be applied to a mind as independent as Posner's. -- Barry Gewen * New York Times online *A prolific and brilliant writer, Posner's How Judges Think is perhaps his most illuminating work for its profound, and sometimes polemical, insights into the judicial process...Judge Posner's examination of the issues is thorough, scholarly and riveting. He has written an important book--a must read not just for lawyers, but also for anyone who wants to understand how the inscrutable, and sometimes oracular, process of judging really works. -- James D. Zirin * Forbes.com *Table of Contents* Introduction Part One: The Basic Model * Nine Theories of Judicial Behavior * The Judge as Labor-Market Participant * The Judge as Occasional Legislator * The Mind of the Legislating Judge Part Two: The Model Elaborated * The Judicial Environment: External Constraints on Judging * Altering the Environment: Tenure and Salary Issues * Judicial Method: Internal Constraints on Judging * Judges Are Not Law Professors * Is Pragmatic Adjudication Inescapable? Part Three: Justices * The Supreme Court Is a Political Court * Comprehensive Constitutional Theories * Judicial Cosmopolitanism * Conclusion * Acknowledgments * Index
£20.66
Harvard University Press Convicting the Innocent
Book SynopsisDNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling analysis, Garrett examines what went wrong in the cases of the first 250 people exonerated by DNA testing, and proposes systemic reforms.Trade ReviewGarrett’s book is a gripping contribution to the literature of injustice, along with a galvanizing call for reform… It’s the stories in his book that stick in the memory. One can only hope that they will mobilize a broad range of citizens, liberal and conservative, to demand legislative and judicial reforms ensuring that the innocent go free whether or not the constable has blundered. -- Jeffrey Rosen * New York Times Book Review *Garrett’s book zooms out the view to give the reader a sense of the scope of the problems in our justice systems. But he does so in a way which I find both earnest and charitable. -- Andrew Cohen * The Atlantic *A uniquely valuable part of Garrett’s book is a statistical appendix that provides a quantitative overview of the false convictions, their consequences, and the factors that contributed to them… It is hard to imagine seven pages more damaging to the claims of our system of criminal justice. -- Richard C. Lewontin * New York Review of Books *Looking at the 250 people exonerated through DNA as of February 2010, Garrett aimed to determine how often…malignant factors had warped the criminal justice process at the expense of an innocent person (and to the benefit of an actual criminal who went unpursued). Garrett tracked down court transcripts and dug into case files. He then sliced, diced, sifted and collated the data. Some law professors would take a pass on this kind of grunt work. Garrett did not, and our justice system can be the better for it. -- Kevin Doyle * America *This book details some of the worst miscarriages of justice in U.S. history and describes how DNA evidence helped to right those wrongs… The book, what must be the most thorough treatment yet of wrongful convictions, is a first-rate examination of the human foibles and conflicts of interest hampering the pursuit of justice. -- A. C. Mobley * Choice *While false convictions are a recognized phenomenon, Garrett focuses much needed attention on potential solutions, offering concrete suggestions for reform. * Publishers Weekly *For six years now I have worked diligently within the innocence movement, and I often hear the question: ‘How do wrongful convictions happen?’ Convicting the Innocent gives all the answers. It is a fascinating study of what goes wrong, and it clearly shows that virtually all wrongful convictions could have been avoided. -- John GrishamDNA testing is revolutionizing our system of criminal justice: this book shows why. By digging deep into the case files of exonerees, Brandon Garrett uncovers what went wrong in those cases and probably in many more we simply can’t know about. Garrett makes a powerful case for how to improve criminal justice so that we dramatically reduce the number of wrongly convicted. -- Barry Scheck and Peter Neufeld, The Innocence ProjectThis is an invaluable book, a comprehensive, highly readable but well-researched work examining the hows and whys of the law’s ultimate nightmare—convicting the innocent. -- Scott Turow, author of InnocentIt’s common to say that DNA exonerations of innocent defendants provide a unique window on the weaknesses in our system of criminal investigation and trial. But what exactly do we see when we look through that window? Until now the answer has been pretty sketchy. Brandon Garrett has produced a far more detailed and complete picture of the lessons of DNA exonerations than anything else to date. This is an indispensable book for anyone wanting to understand or improve American criminal justice. -- Samuel R. Gross, Thomas and Mabel Long Professor of Law, University of MichiganHow can we stop sending innocent people to our prisons? As you turn the pages of this important and startling book, you will come to realize that wrongful convictions are not accidents. They are the tragic result of a criminal justice system in deep need of reform. -- Sister Helen Prejean, author of Dead Man Walking
£18.86
Harvard University Press The Rule of Five Making Climate History at the
Book SynopsisTrade ReviewThe Rule of Five is the gripping story of the most important environmental law case ever decided by the US Supreme Court. Richard Lazarus’s compelling narrative is enlivened by colorful characters, a canny dissection of courtroom strategy, and a case where the stakes are, literally, as big as the world. -- Scott Turow, author of Presumed InnocentIn the tradition of A Civil Action, this book makes a compelling story of the court fight that paved the way for regulating the emissions now overheating the planet. It offers a poignant reminder of how far we’ve come—and how far we still must go. -- Bill McKibben, author of The End of NatureWonderful…The inside story of how this case came to be, how its lawyers struggled and fought over theories and roles, and how the late Justice John Paul Stevens patched together the five votes needed to secure a majority…Lazarus walks readers through all of the procedural steps and legal theories that surrounded this case, using lucid prose that is easy for nonlawyers to follow. The book is a master class in how the Supreme Court works and, more broadly, how major cases navigate through the legal system. -- Michael B. Gerrard * Science *Gripping…Weaves the tale of how Mendelson’s petition led to the landmark decision, how he brought along the other environmental advocates despite bitter infighting, and how missteps by their opponents gave the lawsuit wings. Lazarus, who interviewed participants in the case, from lawyers to Supreme Court justices, writes like a novelist. -- Caroline Fredrickson * Washington Monthly *In vivid detail, with every sentence clear to a nonlawyer, Lazarus traces the story of the case through eight years of ups and downs…A riveting story, beautifully told. -- Jessica T. Mathews * Foreign Affairs *[A] masterpiece…Offers a behind-the-scenes look at every aspect of the case, from the Bush administration’s fierce opposition to the internecine conflicts among the petitioners to the razor-thin 5-4 victory. * E *The Rule of Five is the definitive inside account of one of the key court decisions of our time. It’s also more than that. Richard Lazarus makes vivid the culture of the Supreme Court and the sheer unlikeliness of history. There’s no better book if you want to understand the past, present, and future of environmental litigation. -- Elizabeth Kolbert, author of The Sixth ExtinctionA character-driven thriller about how climate change came to the fore of U.S. politics and legal action…An exciting, tension-filled analysis of an improbable environmental triumph and an influential federal ruling whose effects have rippled out to the other branches of government, the states, and the private sector ever since. -- Rachel Jagareski * Foreword Reviews *The Rule of Five is a compelling read on a critical and timely topic. It mixes storytelling with a soup-to-nuts view of a pivotal case contested across all three branches of government. The focus on the six Carbon Dioxide Warriors adds to the richness of the story and demonstrates how the often-abstract nature of the law can actually be very personality-driven. Lazarus also does an excellent job illuminating the inner workings of the Supreme Court and of the second most important court in the land—the US Court of Appeals for the District of Columbia Circuit. -- Dan Reicher, former US Assistant Secretary of EnergyAs legal drama, The Rule of Five is a tour de force. It offers a look into the inner workings of the nation’s highest court, and a history of its most important environmental decision. With impressive research, including interviews with the key players, and succinct explanations of relevant law and Supreme Court practice, the narrative makes the story accessible to anyone interested in this case, the Court, and the future of the planet. -- Jonathan Z. Cannon, author of Environment in the Balance: The Green Movement and the Supreme CourtThe author weaves details from justices’ biographies, court lore, personal familiarity, and anonymous sources into a vivid account of how the nine justices’ post-argument private conference in Massachusetts v. EPA would have played out. -- Michael Nordskog * Westlaw Journal Environmental *Lazarus takes the reader through the long and laborious journey toward that landmark decision, which required the EPA to regulate auto emissions and other gases under the Clean Air Act…[A] timely book. * Choice *
£17.95
Harvard University Press The Parisian Order of Barristers and the French Revolution
Book SynopsisThis investigation not only revises what historians have long thought of the attitude of barristers toward the French Revolution, but also offers insights into the corporate character of Old Regime society and how the Revolution affected it.Table of ContentsPreface 1. The Order of Barristers under the Old Regime: 1774-1789 2. The Onset of Revolution: The Dissolution of the Order of Barristers, May 1789-December 1790 3. A New Era: January 1791-July 1792 4. The Impact of the Terror: August 1792-December 1794 5. Regroupment: 1795-1799 6. The Promise of Reconstruction: 1800-1804 7. A Hollow Victory: 1804-1815 Conclusion Appendix A. Members of the Order of Barristers at Paris in 1789 Appendix B. Parisian Barristers to the Parlement Who Assumed Positions in Civil Courts in Paris Appendix C. Parisian Barristers to the Parlement Who Assumed Positions in District Courts outside Paris Appendix D. The Order of Barristers: Individual Portraits Notes Bibliography Index
£41.61
Simon & Schuster Ltd Ladies and Gentlemen of the Jury Greatest Closing
Book SynopsisA collection of the closing arguments of some of the most high-profile cases in legal history. Includes: the Nuremberg War Trials, the Charles Manson trial, the John Delorean defence and the prosecution of William Calley for his part in the Mai Lai massacre. Provides clear explanations of the historical and legal significance of each case.
£14.91
Princeton University Press The Next Justice
Book SynopsisDescribes a manner of deliberating about who should serve on the Supreme Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. This book makes a fresh case for the virtue of judicial moderates.Trade Review"What do we want in a Supreme Court Justice, and how should we get it? Eisgruber, a former Supreme Court clerk, argues that the first step is to do away with the idea that the process can or should be entirely divorced from politics...Eisgruber's practical recommendations for fixing the confirmation process boil down to having senators stand up for themselves during hearings, unafraid to say no, but his larger point is that, in pursuit of justice, moderation is the paramount virtue."--The New Yorker "[A] concise and lucid case for a more thoughtful and workable process."--Publishers Weekly "The focus of the book...is not on jurisprudence, but on the inadequacy of senatorial confirmation hearings... Eisgruber recommends that the Senate correct the confirmation process by following the example of the executive branch. Thus, the Senate should 'rely less on hearings and more on the kinds of evidence that presidents use': writings, speeches, and, for nominees who are judges, opinions. He continues that the Senate should not rely on futile inquiries about a nominee's commitment to strict construction of statutes or finding the original intent of the founding fathers. Instead, he suggests that the Senate ask nominees about their interpretation of abstract language in the U.S. Constitution...[This] is a thinking person's book. Anyone concerned about the future of the U.S. Supreme Court, however, will find it fascinating. Elegantly written, closely reasoned, and carefully researched, the book is well worth the reader's thought and time. Whether or not you agree with Eisgruber's suggestions and conclusions, The Next Justice remains stimulating, even provocative."--Stewart Pollock, Newark Star Ledger "Eisgruber's analysis is essential reading for both lawmakers and the public."--Deirdre Sinnott, Foreword Magazine "The appointment process could gain a lot from Mr. Eisgruber's proposal...The Next Justice makes a start, in the calm before the circus of the next nomination, toward the debate we must have if we are to overcome the 'confusion'."--Daniel Sullivan, New York Sun "The Next Justice should be a required reading for all the members of the Senate Judiciary Committee, so insightful and informative is Eisgruber's analysis of this profoundly important subject. For decades the nation has been wrestling with the question of how to avoid cyclical partisan warfare over Supreme Court appointments. This book goes a long way toward defining sensible, balanced criteria for doing so."--Ronald Goldfarb, Washington Lawyer "The Next Justice contains many interesting descriptions of the Court, including its inner workings, the role of the law clerks, and the process of decision-making. Eisgruber has a great deal of respect for the Supreme Court as an institution, and he would like to have a confirmation process worthy of the Court. So would we all."--Charles S. Doskow, The Federal Lawyer "While readers may disagree with how Eisgruber defines the term 'moderate justice,' no one who has even a passing interest in the composition of the Court should find Eisgruber's book anything less than thought-provoking. In fact, it should be required reading for any college constitutional law class and for first-year law students."--E. Drew Britcher, Trial "As Australian governments venture tentatively towards greater transparency, Eisgruber's text is a useful reminder of the dangers they need to avoid. In the end, he suggests that reforms depend upon an appeal to the political process to lift its game."--Michael Kirby, Australian Law Journal "[Eisgruber's] volume is a sensible, illuminating, and sometimes insightful look at the confirmation process... For a subject that can be emotionally charged, the author has provided an account that is eminently readable and informative, one that is entirely manageable and digestible in an evening."--Donald Grier Stephenson, Jr., Journal of Supreme Court HistoryTable of ContentsPreface ix Chapter 1. A Broken Process in Partisan Times 1 Chapter 2: Why Judges Cannot Avoid Political Controversy 17 Chapter 3: The Incoherence of Judicial Restraint 31 Chapter 4: Politics at the Court 51 Chapter 5: Why Judges Sometimes Agree When Politicians Cannot 73 Chapter 6: Judicial Philosophies and Why They Matter 98 Chapter 7: How Presidents Have Raised the Stakes 124 Chapter 8: Should the Senate Defer to the President? 144 Chapter 9: How to Change the Hearings 164 Chapter 10: What Kinds of Justices Should We Want? 178 Chapter 11: The Path Forward 186 Notes 193 Index 225
£17.09
Princeton University Press A Matter of Interpretation
Book SynopsisTrade Review"[We] are lucky to have, in book form, an essay on legal interpretation by Justice Scalia...[He] projects a sanguine humor through a robust prose enlivened by sly sallies against what he sees as the gaps in logic of the opposing camp. He is anything but the angry justice of popular myth."--John O. McGinnis, Wall Street Journal "[T]he Supreme Court's highest-profile conservative ... Suggest[s] we ought to junk judicial review as we have known it... The reason, I think, is that Scalia objects not merely to certain decisions of this or prior Courts but to judicial review, American-style, in its entirety. His central aim as a jurist has been to get the federal courts out of the business of adjudicating individual rights."--Garrett Epps, The Nation "As this ... book makes clear, Scalia deserves respect for having redefined the mainstream of constitutional discourse, and in a substantially useful way."--Jeffrey Rosen, New Republic "Justice Scalia merits praise for the clarity with which he writes and for the careful thought that underlies his writing."--Walter Barthold, New York Law Journal "Love him or hate him (it's hard to imagine a neutral opinion), Scalia is a brilliant and engaging writer. This tantalizing short debate with his equally brilliant critics shows just how radical our most conservative justice is."--Kathleen Kahn, San Francisco Chronicle "Justice Scalia's well-written and patiently explained theory, augmented and challenged by the commentaries of four scholars, will fascinate and enlighten even those readers, and they are many, whom it does not convince... Justice Scalia merits praise for the clarity with which he writes and for the careful thought that underlies his writing."--Walter Barthold, The Lawyer's Bookshelf "Antonin Scalia... confronts four high-powered critics in a short book for the general public--perhaps the first time a sitting justice of the Supreme Court has done so. This is a book for anyone with a serious interest in law and the Constitution."--Carl M. Dibble, Detroit News "As the most intellectually consistent and stylistically gifted member of the Supreme Court, Scalia has never hidden his enthusiasm for the American tradition of mistrusting courts and lawyers. The basics of his judicial philosophy are now usefully collated into this volume... Scalia's arguments have shaped the debate in our time; he has gone a long way toward changing how judges interpret the letter of the law."--David Franklin, Slate "[Scalia] is formidably persuasive, by turns seductive, fierce, funny, charming--and always brilliant."--Paul Reidinger, American Bar Association Journal "A Matter of Interpretation demonstrates both the attraction of Scalia's 'textualist' theory and his qualities as a judicial statesman... [His] elegant essay, the most concise and accessible presentation of his views, argues eloquently that judicial authority can only be based on the statutory or constitutional text."--Michael Greve, Reason "An essential volume."--Noah Feldman, Bloomberg View "Whether you agree with [Scalia's] views or not, it is hard to think of any other recent Supreme Court justice who has made a comparably great contribution to debates over both statutory interpretation and constitutional theory."--Ilya Somin, Washington Post "Scalia was a transformative jurist, one worthy of great admiration... Suffice it to say that in spite of our disagreements, I invariably found Justice Scalia's thinking and prodding to be brilliantly generative of important insights into the way law and legal interpretation ought to proceed."--Laurence H. Tribe, Globe and Mail "A Matter of Interpretation is a must read... It was [Scalia's] overall approach to judicial decision-making that inspired a generation of young lawyers and will serve as his most lasting legacy."--Kevin P. Martin, New Boston Post
£15.29
MP-KAN Uni Press of Kansas Chief Executive to Chief Justice Taft betwixt
Book Synopsis
£43.20
University Press of Kansas Reconsidering Judicial Finality Why the Supreme
Book SynopsisReminds us of the ""unalterable fact"", as Chief Justice Rehnquist once remarked, ""that our judicial system, like the human beings who administer it, is fallible."" And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions.Trade ReviewIn a field crowded with book-length studies of judicial review and the finality of Supreme Court decisions, Louis Fisher has something new and important to say. In Reconsidering Judicial Finality he demonstrates that judicial review is not the only means by which the meaning of the Constitution can by ascertained, and that the Court is not always the final authority on the meaning of the law. Fisher’s account of the ways in which Court finality has been contested will prove attractive to general readers and to scholars of constitutional law, legal history, and American politics." - Peter Charles Hoffer, coauthor of The Supreme Court: An Essential History, Second Edition"For the same reasons that it distributes substantive governmental power across multiple federal and state institutions, the US Constitution also divides interpretative power across institutions; Congress, the president, the states, and the people all contribute to the development of constitutional law along with the Supreme Court. In Reconsidering Judicial Finality: Why the Supreme Court Is Not the Last Word on the Constitution, Louis Fisher, with his characteristic sweep and erudition, shows how all institutions of government engage in the enterprise of constitutional interpretation-and how they do so with widely varying skill and results that do not always reflect well on the federal courts. Covering more than two centuries of practice across a dozen different topics, this book should help put an end to the strangely enduring myth of judicial supremacy in constitutional interpretation." - Gary Lawson, coauthor of “A Great Power of Attorney”: Understanding the Fiduciary Constitution"Louis Fisher’s most recent book provides a characteristically thorough and thoughtful argument for the shared nature of constitutional interpretation. In heated political times, Reconsidering Judicial Finality serves as a valuable reminder that American constitutionalism is and has been a collective effort fueled not only by the Supreme Court but also by the political branches and, more often than typically understood, by the people themselves." - Louis J. Virelli III, author of Disqualifying the High Court: Supreme Court Recusal and the Constitution
£51.30
MP-KAN Uni Press of Kansas The Campaign to Impeach Justice William O. Dougl
Book SynopsisThe politics of division and distraction, conservatives' claims of liberalism's dangers, the wisdom of amoral foreign policy: however of the moment these matters might seem, they are clearly presaged in events chronicled by Joshua Kastenberg in this in-depth account of a campaign to impeach Supreme Court justice William O. Douglas.Trade ReviewThis richly detailed history explores fascinating questions of judicial ethics, impeachment, and racial politics. Its deep-dive account of Gerald Ford and Richard Nixon’s alliance to impeach William O. Douglas could not be more timely." - Noah Feldman, author of Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court JusticesTable of Contents Foreword by Senator Fred Harris Preface and Acknowledgments 1. Cold War Politics and the Court under Siege 2. The Rising Men, the Muckrakers of the Judiciary, and Beleaguered Judges 3. Douglas, Extrajudicial Activities, and the Vietnam Conflict 4. Ford's Attack on Douglas Begins 5. The House of Representatives Responds to Ford and the Cambodian Invasion 6. A Long Summer of Discord: The Senate Awaits the House 7. Conclusion Notes Bibliography Index
£44.25
MP-KAN Uni Press of Kansas Persuading the Supreme Court The Significance of
Book SynopsisDrawing on more than 25,000 party and amicus briefs led between 1984 and 2015 and the text of the related court opinions, as well as interviews with former Supreme Court clerks and attorneys, Morgan Hazelton and Rachael Hinkle shed light on one of the more mysterious and consequential features of Supreme Court decision-making.Table of Contents List of Figures and Tables Preface Acknowledgments Introduction 1. Briefs and the People Who Produce Them 2. Crafting a Brief 3. Coordinating and Coalescing: Investigating Information Sharing between Briefs 4. The Win/Loss Column: Influencing Case Outcomes 5. Standing Out or Speaking Together: How Individual Briefs Shape Opinion Content 6. Shaping the Law Together: Collectively Influencing Opinion Content Conclusion Appendix A. Interviews Appendix B. Data Collection, Scope, and Processing Appendix C. Regression Tables Notes Bibliography Index
£26.96
MP-KAN Uni Press of Kansas Reconsidering Judicial Finality
Book SynopsisIn this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role.Trade ReviewIn a field crowded with book-length studies of judicial review and the finality of Supreme Court decisions, Louis Fisher has something new and important to say. In Reconsidering Judicial Finality he demonstrates that judicial review is not the only means by which the meaning of the Constitution can by ascertained, and that the Court is not always the final authority on the meaning of the law. Fisher’s account of the ways in which Court finality has been contested will prove attractive to general readers and to scholars of constitutional law, legal history, and American politics." - Peter Charles Hoffer, coauthor of The Supreme Court: An Essential History, Second Edition"For the same reasons that it distributes substantive governmental power across multiple federal and state institutions, the US Constitution also divides interpretative power across institutions; Congress, the president, the states, and the people all contribute to the development of constitutional law along with the Supreme Court. In Reconsidering Judicial Finality: Why the Supreme Court Is Not the Last Word on the Constitution, Louis Fisher, with his characteristic sweep and erudition, shows how all institutions of government engage in the enterprise of constitutional interpretation—and how they do so with widely varying skill and results that do not always reflect well on the federal courts. Covering more than two centuries of practice across a dozen different topics, this book should help put an end to the strangely enduring myth of judicial supremacy in constitutional interpretation." - Gary Lawson, coauthor of “A Great Power of Attorney”: Understanding the Fiduciary Constitution"Louis Fisher’s most recent book provides a characteristically thorough and thoughtful argument for the shared nature of constitutional interpretation. In heated political times, Reconsidering Judicial Finality serves as a valuable reminder that American constitutionalism is and has been a collective effort fueled not only by the Supreme Court but also by the political branches and, more often than typically understood, by the people themselves." - Louis J. Virelli III, author of Disqualifying the High Court: Supreme Court Recusal and the ConstitutionTable of Contents Preface Note on Citations 1. Early Claims of Judicial Finality -Debating Judicial Review -Who Has the Final Word? -Influence of John Marshall -William Marbury's Lawsuit -Additional Lessons -Reflections on Marbury -Continuing Debate 2. Selections by Chief Justice Hughes -Dred Scott’s Case -Reactions to Dred Scott -Legal Tender Cases -Income Tax Cases 3. Rights of Blacks -Opposition to Slavery -The Civil War -Congressional Safeguards, Judicial Opposition -Access to Public Facilities -“Separate but Equal” Doctrine -Brown v. Board -The Civil Rights Act of 1964 -Judicial Resort to Busing -A Continuing Dialogue 4. Rights of Women -Doctrine of Coverture -Myra Bradwell’s Initiatives -Belva Lockwood Goes to Congress -Judicial Rulings from 1875 to 1971 -Equal Rights Amendment -Equal Pay for Women -Equal Pay for Women -Lilly Ledbetter Seeks Justice -Additional Disputes 5. Regulating Commerce -Wheeling Bridge Cases -Controls on Intoxicating Liquors -Liberty of Contract -Congress and Child Labor -Court-Packing Plan -Child Labor Returns 6. The Sole-Organ Doctrine -Problems with Dicta -The Issue inCurtiss-Wright -Treaty Negotiation -Marshall’s Sole-Organ Speech -Jerusalem Passport Case -The Supreme Court's Opinion -Creating a New Presidential Model 7. Privacy Rights -Mandatory Sterilization -Defining Obscenity -Use of Contraceptives -Abortion Rights -Reexamining Roe 8. Religious Liberty -Protecting Minority Rights -Forming Constitutional Principles -Military Chaplains -Quakers and Military Service -Compulsory Flag Salutes -The Yarmulke Case 9. Japanese-American Cases -Roosevelt’s Executive Order -Detention Camps -Evaluating the Court -Fraud Against the Court -Analysis by Peter Irons -Acknowledging Judicial Error 10. State Secrets Privilege -Aaron Burr’s Trial -Civil War Precedent -Three Widows in Court -At the Appellate Level -The Supreme Court Decides -Fraud Against the Court -Contemporary Issues 11. Legislative Vetoes -Origins of the Legislative Veto -Presidential Reorganization Authority -“Come into Agreement” Provisions -Challenges by President Carter -INS v. Chadha -Legislative Vetoes After Chadha -Presidential Signing Statements -Some Lessons 23. Campaign Finance -Sources of Judicial Error -Congressional Legislation -Continued Errors about Santa Clara -Buckley v. Valeo -Judicial Attacks on Buckley -Citizens United -Responses to Citizens United Conclusions About the Author Index of Cases Index of Subjects
£22.46
Manchester University Press Irelands District Court Language Immigration and
Book SynopsisAsks how the apparently significant presence of non-Irish people in the District Court - Ireland’s busiest court - has affected how these courts are run, and what happens when immigrants appear before the District courtTable of ContentsIntroductionPART I: The Irish District Court: its role, function and day-to-day operation1. Introducing the District Court 2. Barristers, bench warrants and bail bonds PART II: Immigration and the Irish District Court: changing context, new challenges3. LEP immigrants in Irish courtsPART III: Processing LEP defendants: bilingual cases in the Irish District Court4. Interpreting District Court proceedings for non-Irish defendants 5. The case of the immigrant: dynamics and discourse Conclusion BibliographyIndex
£76.50
Lexington Books The Supreme Court and Sexual Harassment
Book SynopsisTable of ContentsChapter 1 The Core Values of the First Amendment Chapter 2 The Lessons of Content Neutrality in the Area of Symbolic Hate Speech Chapter 3 The First Amendment in the Workplace Chapter 4 Catharine MacKinnon and the Lessons of Indianapolis Chapter 5 The Lessons of Speech Codes on Campus and in the Workplace Chapter 6 Have We Learned Our Lessons? Chapter 7 Bibliography Chapter 8 Index Chapter 9 About the Author
£108.30
Lexington Books Federalism the Supreme Court and the Seventeenth
Book SynopsisAbraham Lincoln worried that the ''walls'' of the constitution would ultimately be leveled by the ''silent artillery of time.'' His fears materialized with the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism''s structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum''s provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected by an activist court, the Framers, Rossum argues, expected the constitutional structure, particularly the election of the Senate by state legislatures, to sustain it. In Federalism, the Supreme Court, and the Seventeenth Amendment Rossum challenges the fundamental jurisprudential assumptions about federalism. He also provides a powerful indictment of the controversial federalist decisions recently handed down by an activist U.S. Supreme Court seeking to fill the gap created by the Seventeenth AmTrade ReviewDr. Rossum abundantly documents in this readable book what many have intuitively felt, that the Seventeenth Amendment was a cosmic betrayal of the Constitution. It must be repealed if limited government is ever to be restored. -- Charles E. Rice, Notre Dame Law SchoolRalph Rossum presents us with an arresting thesis. By providing a new perspective on the role of the courts in dealing with the recurring issues surrounding the Framers' vision of federalism, it is bound to engender debate of the highest order in the years to come. It will prove especially challenging for those of my persuasion who would like to check the growing centralization of power in Washington. -- George W. Carey, Georgetown UniversityRaplh Rossum...offers a series of provocative theses that relate directly to federalism. . . . Rossum writes gracefully and authoritatively. He draws on familiar principles, like the virtues of an extended commercial republic, checks and balances, and the operation of self-interests. * Publius: The Journal of Federalism *Ralph Rossum's illuminating study of the Seventeenth Amendment will prompt many scholars of law and politics to rethink their understandings of the Supreme Court's role in protecting federalism. This is a timely and important book. -- Mary Ann Glendon, Learned Hand Professor of Law, Harvard University, former U.S. Ambassador to the Holy SeeTable of ContentsChapter 1 The Supreme Court, Judicial Activism, and the Protection of Federalism Chapter 2 Constitutional Structure, Federalism, and the Securing of Liberty Chapter 3 How the Framers Protected Federalism Chapter 4 The Senate's Protection of Federalism in the First Congress Chapter 5 Marshall's Understanding of the Original Federal Design Chapter 6 Altering the Original Federal Design: The Adoption and Ratification of the Seventeenth Amendment Chapter 7 The Supreme Court's Attempts to Protect the Original Federal Design
£100.80
Lexington Books Federalism the Supreme Court and the Seventeenth
Book SynopsisAbraham Lincoln worried that the walls of the constitution would ultimately be leveled by the silent artillery of time. His fears materialized with the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism''s structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum''s provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected by an activist court, the Framers, Rossum argues, expected the constitutional structure, particularly the election of the Senate by state legislatures, to sustain it. In Federalism, the Supreme Court, and the Seventeenth Amendment Rossum challenges the fundamental jurisprudential assumptions about federalism. He also provides a powerful indictment of the controversial federalist decisions recently handed down by an activist U.S. Supreme Court seeking to fill the gap created by the Seventeenth Amendment'Trade ReviewDr. Rossum abundantly documents in this readable book what many have intuitively felt, that the Seventeenth Amendment was a cosmic betrayal of the Constitution. It must be repealed if limited government is ever to be restored. -- Charles E. Rice, Notre Dame Law SchoolRalph Rossum presents us with an arresting thesis. By providing a new perspective on the role of the courts in dealing with the recurring issues surrounding the Framers' vision of federalism, it is bound to engender debate of the highest order in the years to come. It will prove especially challenging for those of my persuasion who would like to check the growing centralization of power in Washington. -- George W. Carey, Georgetown UniversityRaplh Rossum...offers a series of provocative theses that relate directly to federalism. . . . Rossum writes gracefully and authoritatively. He draws on familiar principles, like the virtues of an extended commercial republic, checks and balances, and the operation of self-interests. * Publius: The Journal of Federalism *Ralph Rossum's illuminating study of the Seventeenth Amendment will prompt many scholars of law and politics to rethink their understandings of the Supreme Court's role in protecting federalism. This is a timely and important book. -- Mary Ann Glendon, Learned Hand Professor of Law, Harvard University, former U.S. Ambassador to the Holy SeeTable of ContentsChapter 1 The Supreme Court, Judicial Activism, and the Protection of Federalism Chapter 2 Constitutional Structure, Federalism, and the Securing of Liberty Chapter 3 How the Framers Protected Federalism Chapter 4 The Senate's Protection of Federalism in the First Congress Chapter 5 Marshall's Understanding of the Original Federal Design Chapter 6 Altering the Original Federal Design: The Adoption and Ratification of the Seventeenth Amendment Chapter 7 The Supreme Court's Attempts to Protect the Original Federal Design
£41.40
Lexington Books Impartial Justice The Real Supreme Court Cases
Book SynopsisTrade ReviewThe word "disinterested" has multiple meanings. Although "apathetic" or "unenthusiastic" may be the first definitions that come to mind, in a juridical context the notion of "disinterest" is positive, a guarantee that the decision maker in a dispute is unbiased and not slanting rulings or playing favorites. Without this virtuous form of disinterest, a truly just system of dispute resolution is not possible. Kasper, who also serves as a municipal judge, has written a multifaceted study of the various settings in which impartiality is a core value in Anglo-American law. After a brief introduction tracking the evolution of impartiality from the 1215 adoption of the Magna Carta, Kasper explores the concept of unbiased decision making by juries, judges, and quasi-judicial actors or bodies. The next 13 chapters are organized as examinations of forums for impartiality--some examples are "death-qualified" juries, judges with financial stakes in the outcomes of cases, and medical license reviews--each viewed through the prism of a specific US Supreme Court decision. Kasper's accounts of the cases avoid jargon and are thus highly readable as well as interesting and informative. Summing Up: Recommended. All readership levels. * CHOICE *Without due process and impartial adjudication, none of our constitutional liberties could be secure. Yet the imperative importance of such rights is not considered as often as it should be. Eric Kasper’s engaging and important Impartial Justice provides an excellent remedy to this situation. After tracing the historical development of the concept of due process, Kasper—a noted scholar as well as a municipal judge—presents a host of noteworthy and telling case studies that illuminate the importance of due process and impartial justice, while also showing how these foundational principles can be disturbingly denied in practice. Well-written and instructive, Impartial Justice is a great place to learn about these core principles, and, equally important, what it takes to secure them in the real world. -- Donald Alexander Downs, Alexander Meiklejohn Professor of Political Science, Law, and Journalism, University of Wisconsin, MadisonThis is an exceedingly timely book given high profile cases such as the Newtown and Aurora shootings, Guantanamo habeus corpus petitions, and Wall Street financial corruption. In the United States, all have a right to fair judicial proceedings no matter the rage and vitriol of the public or the press. Kasper's compelling examples and argument remind us why fair judicial proceedings are as crucial to our constitutional democracy today as they were at the American Founding. -- John Evans, University of Wisconsin Eau ClaireTable of ContentsAcknowledgements Preface Introduction: A Short History of What It Means to Be a Neutral, Impartial, and Unbiased Decisionmaker Part One: An Impartial Jury Trial in Criminal Cases 1. Prejudicial Pretrial Publicity: Sheppard v. Maxwell (1966) 2. Avoiding Mob Justice: Frank v. Mangum (1915) and Moore v. Dempsey (1923) 3. Racial Discrimination in Jury Selection: Batson v. Kentucky (1986) and Miller-El v. Dretke (2005) 4. Sex Discrimination in Jury Selection: Hoyt v. Florida (1961) and Taylor v. Louisiana (1975) 5. Death-Qualified Juries: Witherspoon v. Illinois (1968) and Lockhart v. McCree (1986) Part Two: Due Process and the Right to an Impartial Judge 6. Mayor-Judges with a Financial Stake in the Outcome: Tumey v. Ohio (1927) and Ward v. Village of Monroeville (1972) 7. A Judge Hearing a Contempt Proceeding after Being Vilified by the Defendant: Mayberry v. Pennsylvania (1971) 8. Non-Lawyer Judges: North v. Russell (1976) 9. The Judge Who Was Bribed in Other Cases: Bracy v. Gramley (1997) 10. A Judge Deciding a Case Involving a Major Campaign Supporter: Caperton v. A.T. Massey Coal Co. (2009) Part Three: Due Process and the Right to an Impartial Decisionmaker in Quasi-Judicial, Non-Court Settings 11. Parole Revocation: Morrissey v. Brewer (1972) 12. Medical License Review: Withrow v. Larkin (1975) 13. Mental Health Commitments for Juveniles: Parham v. J.R. (1979) 14. Prison Discipline: Edwards v. Balisok (1997) 15. Enemy Combatant Cases: Hamdi v. Rumsfeld (2004) Conclusions Catalog of Cases Bibliography Index
£68.40
Lexington Books The Safeguard of Liberty and Property
Book SynopsisIn 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverageTrade ReviewThis highly accessible volume about the US Supreme Court’s 2005 eminent domain decision in Kelo v. New London. . . .has succeeded in producing an academic treatment whose objectivity and focus on constitutional law and politics (as distinct from the public policy ramifications of the decision) set the book apart from others on the subject. In clear and well-organized prose, Burnett leads readers through the legal complexities of the case, addressing the origins of the lawsuit, the various stages of the Supreme Court litigation, and the multi-faceted 'backlash' to the decision. The Safeguard of Liberty and Property will be a valuable and well-received addition to reading lists of undergraduates interested in the Supreme Court, judicial decision making, and constitutional law. Summing Up: Highly recommended. General readers and undergraduate students. * CHOICE *In this in-depth examination of Kelo v. New London, 545 U.S. 469 (2005), Professor Guy F. Burnett provides an interesting, well-written illustration of Supreme Court commentator Jeb Rubenfeld’s claim that takings law (along with the right to privacy) is the area of constitutional doctrine most in need of a principle.... The Safeguard of Liberty and Property excels in its thought-provoking and thorough comparison of these opinions. This case study concludes by examining reactions to the Court’s decision, and raises important questions about the case’s legacy, constitutional interpretation, and the popular perception of property law in the modern United States. * The Harvard Law Review *Guy F. Burnett has done an enormous favor for political scientists, lawyers, and concerned citizens by placing the Constitution’s “Takings Clause”—and the Supreme Court’s controversial decision in the Kelo case—in the full context of the Founders’ Constitution and American legal history. His account is at once erudite and highly readable. -- Bradley C. S. Watson, Saint Vincent CollegeThe Takings Clause of the Fifth Amendment declares that no private property shall ‘be taken for public use, without just compensation.’ In this well-researched book, Burnett provides an in-depth case study of Kelo v. City of New London—the highly-controversial 2005 decision in which the Supreme Court completed the process of reading ‘public use’ out of the Constitution and replacing it with ‘public purpose.’ Burnett expertly sets the stage by thoroughly discussing the litigation at the state court level in which Susette Kelo valiantly fought to protect her house from the city’s power of eminent domain. He then explores the legal arguments advanced before the Supreme Court as found in the merit and amici briefs and as presented in the oral argument before masterfully analyzing Justice Stevens’s majority opinion, Justice Kennedy’s concurrence, and the dissents by Justices O’Connor and Thomas. He finishes by exploring the impact of Kelo on subsequent litigation and the legislative reaction to it at the federal, state, and local levels. Burnett’s elucidation of the Court’s evolving interpretation of ‘public use’ over the past century clearly shows how precedent can easily erode the original meaning of language that was understood to be a bedrock protection of private property. This book deserves a wide readership. -- Ralph A. Rossum, Claremont McKenna CollegeTable of ContentsChapter 1: Introduction Chapter 2: The Facts of the Case and the Original Decisions Chapter 3: The Object of Society: The Amicus Briefs and Oral Argument Chapter 4: The Evolving Public Use Clause: The Majority Opinion Chapter 5: At a Loss What Expedient to Substitute: The Concurring Opinion Chapter 6: Merely Incidental Benefits: O’Connor’s Dissenting Opinion Chapter 7: Something Has Gone Seriously Awry: Thomas’s Dissenting Opinion Chapter 8: More Like a Living Nightmare Than a Dream: The Kelo Backlash Chapter 9: Conclusion
£91.80
Lexington Books The Safeguard of Liberty and Property
Book SynopsisIn 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverageTrade ReviewIn this in-depth examination of Kelo v. New London, 545 U.S. 469 (2005), Professor Guy F. Burnett provides an interesting, well-written illustration of Supreme Court commentator Jeb Rubenfeld’s claim that takings law (along with the right to privacy) is the area of constitutional doctrine most in need of a principle.... The Safeguard of Liberty and Property excels in its thought-provoking and thorough comparison of these opinions. This case study concludes by examining reactions to the Court’s decision, and raises important questions about the case’s legacy, constitutional interpretation, and the popular perception of property law in the modern United States. * The Harvard Law Review *This highly accessible volume about the US Supreme Court’s 2005 eminent domain decision in Kelo v. New London. . . .has succeeded in producing an academic treatment whose objectivity and focus on constitutional law and politics (as distinct from the public policy ramifications of the decision) set the book apart from others on the subject. In clear and well-organized prose, Burnett leads readers through the legal complexities of the case, addressing the origins of the lawsuit, the various stages of the Supreme Court litigation, and the multi-faceted 'backlash' to the decision. The Safeguard of Liberty and Property will be a valuable and well-received addition to reading lists of undergraduates interested in the Supreme Court, judicial decision making, and constitutional law. Summing Up: Highly recommended. General readers and undergraduate students. * CHOICE *The Takings Clause of the Fifth Amendment declares that no private property shall ‘be taken for public use, without just compensation.’ In this well-researched book, Burnett provides an in-depth case study of Kelo v. City of New London—the highly-controversial 2005 decision in which the Supreme Court completed the process of reading ‘public use’ out of the Constitution and replacing it with ‘public purpose.’ Burnett expertly sets the stage by thoroughly discussing the litigation at the state court level in which Susette Kelo valiantly fought to protect her house from the city’s power of eminent domain. He then explores the legal arguments advanced before the Supreme Court as found in the merit and amici briefs and as presented in the oral argument before masterfully analyzing Justice Stevens’s majority opinion, Justice Kennedy’s concurrence, and the dissents by Justices O’Connor and Thomas. He finishes by exploring the impact of Kelo on subsequent litigation and the legislative reaction to it at the federal, state, and local levels. Burnett’s elucidation of the Court’s evolving interpretation of ‘public use’ over the past century clearly shows how precedent can easily erode the original meaning of language that was understood to be a bedrock protection of private property. This book deserves a wide readership. -- Ralph A. Rossum, Claremont McKenna CollegeGuy F. Burnett has done an enormous favor for political scientists, lawyers, and concerned citizens by placing the Constitution’s “Takings Clause”—and the Supreme Court’s controversial decision in the Kelo case—in the full context of the Founders’ Constitution and American legal history. His account is at once erudite and highly readable. -- Bradley C. S. Watson, Saint Vincent CollegeTable of ContentsChapter 1: Introduction Chapter 2: The Facts of the Case and the Original Decisions Chapter 3: The Object of Society: The Amicus Briefs and Oral Argument Chapter 4: The Evolving Public Use Clause: The Majority Opinion Chapter 5: At a Loss What Expedient to Substitute: The Concurring Opinion Chapter 6: Merely Incidental Benefits: O’Connor’s Dissenting Opinion Chapter 7: Something Has Gone Seriously Awry: Thomas’s Dissenting Opinion Chapter 8: More Like a Living Nightmare Than a Dream: The Kelo Backlash Chapter 9: Conclusion
£40.50
Rowman & Littlefield No Litmus Test Law Versus Politics in the
Book SynopsisDefends the possibility of principled legal decision-making against the attacks of both the right and the left. From Bush v Gore to the war in Iraq, this book demonstrates that even when the law provides no right answers, it offers tools for distinguishing good arguments from bad ones.Trade ReviewWritten to be accessible to the intelligent layman while broadening even the seasoned expert's understanding, Michael Dorf's colorful, creative and invariably clear analyses of the most vexing constitutional controversies of our time add up to a compelling case for an approach to law and to judging that rejects the extremes of both right and left — and emerges with a position more reasonable and reasoned than either and both more interesting, and more surprising, than a simple average of the two. -- Laurence H. Tribe, Harvard UniversityProfessor Dorf strives for fairness throughout, arguing against fetishizing the law at the cost of losing valuable nonlegal perspectives. * Harvard Law Review, March 2007 *A distinguished law professor shows that law is—and must be—something more than politics by other means. Using contemporary examples, many of which the reader will find familiar, the author teases out a remarkably coherent theory of principled judging. This splendid effort takes the reader beyond hollow labels such as "judicial activist" and "strict constructionist" and gives important insights into the kind of thinking that we should look for in a federal judge or justice -- Alex Kozinski, Judge, U.S. Court of Appeals, Ninth CircuitTable of ContentsChapter 1 Acknowledgements Chapter 2 About the Author Chapter 3 Introduction Part 4 I. The Difference Between Law and Politics Chapter 5 1. They Are All Activists Now Chapter 6 2. Is There a Distinction Between Law and Politics? Yes, and the Bush v. Gore Decision Proves It Chapter 7 3. Clarence Thomas's Challenge to the Rehnquist Court's Vision of Representative Government Chapter 8 4. Does Federal Tort Law Reform Unduly Infringe State Sovereignty? Part 9 II. Aid and Comfort to the Enemy Chapter 10 5. The Supreme Court Case That Pits Free Speech Against Church-State Separation Chapter 11 6. How Abortion Politics Impedes Clear Thinking on Other Issues Involving Fetuses Chapter 12 Why the Lawsuit Challenging Tennessee's "Choose Life" License Places Should Fail Chapter 13 Three Bad Reasons — and One Very Good Reason — to Oppose a Constitutional Amendment Barring Same-Sex Marriage Chapter 14 A Federal Appeals Court Rules That Universities Can Bar Military Recruiters Without Losing Federal Grant Money: A Welcome Result Based on Flawed Reasoning Chapter 15 10. Justice Scalia's Persuasive but Elitist Response to the Duck Hunting Controversy Chapter 16 11. Can a State Make It a Crime to Refuse to Identify Yourself to the Police? In a Narrow Ruling, the Supreme Court Says Yes Chapter 17 12. Why "Swift Boat Veterans for Truth" and other "527" Organizations Can't Be Silenced Chapter 18 13. Does the Constitution Permit the Blue States to Secede? With Permission, Perhaps; Unilaterally, No Chapter 19 14. How the Schiavo Federal Court Case Might Have Been Won Part 20 III. In Defense of Liberal Judging Chapter 21 15. Washington Yankees in King Arthur's Court: The Supreme Court Journeys to 18th Century England to Define the Rights of 21st Century Americans Chapter 22 16. How a Recent Supreme Court Public Housing Decision "Exiles Compassion from the Province of Judging" Chapter 23 17. Could Justice Scalia's Affirmative Action Dissent Become Self-Fulfilling Prophecy? Chapter 24 18. Is There a Constitutional Right to Sexual Privacy? Finding None, a Federal Appeals Court Upholds Alabama's Sex Toy Prohibition Part 25 IV. Liberty, Security, and War Chapter 26 19. What is an "Unlawful Combatant," and Why It Matters: The Status of Detained al Qaeda and Taliban Fighters Chapter 27 20. The Justice Department's Change of Heart Regarding Torture: A Fair-Minded and Praiseworthy Analysis That Could Have Gone Still Further Chapter 28 21. Who Decides Whether Yaser Hamdi, or Any Other Citizen, Is an Enemy Combatant? Chapter 29 22. Bush Loses in the Supreme Court and America Wins Chapter 30 23. Is Iraq in "Material Breach" of its Obligations under the U.N. Resolution? A Geopolitical Question, Not Simply a Legal One Chapter 31 24. Is the War on Iraq Lawful? Chapter 32 25. Why Congressional Power to Declare War Does Not Provide an Effective Check on the President Chapter 33 26. Kerry Stands By His Iraq Vote, and with Bush, Against Constitutional Principles Part 34 V. The Global Village Chapter 35 27. When American States Execute Citizens of Foreign Countries: The Case of Gerardo Valdez Chapter 36 28. Can One National Arrest the Foreign Minister of Another? The World Court Says No Chapter 37 29. Should Foreigners Be Permitted to Make Campaign Contributions to U.S. Candidates? Surprisingly, the Answer May Be Yes Chapter 38 30. The Hidden International Influence in the Supreme Court Decision Barring Executions of the Mentally Retarded Chapter 39 31. The Use of Foreign Law in American Constitutional Interpretation: A Revealing Colloquy Between Justices Scalia and Breyer Chapter 40 32. Can Ethnic Hatred Be Eliminated by Eliminating Ethnicity? The Rwanda Experiment Chapter 41 33. What a Chinese Height Discrimination Case Says About Chinese (and American) Constitutional Law Part 42 The Rule of Law(yers) Chapter 43 34. Debate over an ABA Legal Ethics Rule Underscores Lawyers' Competing Obligations to Keep Secret and to Disclose Chapter 44 35. Can the Legal Profession Improve its Image? Americans Believe Lawyers to Be Necessary but Dishonest, Survey Finds Chapter 45 36. Americans' Faith in the Supreme Court — And in the Constitution: Survey Shows Bush v. Gore's Effect was Limited Chapter 46 37. Whose Constitution Is it Anyway? What Americans Don't Know About the Constitution — And Why It Matters Chapter 47 38. Unsolicited Advice to Law School Applicants: With Prospects Newly Limited, Be Sure You Want to Become a Lawyer Chapter 48 39. How to "Think Like a Lawyer": Advice to New and Prospective Law Students Chapter 49 Appendix Chapter 50 Bibliographical Note Chapter 51 Index
£42.00
Rowman & Littlefield Confirmation Wars Preserving Independent Courts
Book SynopsisExamines the degradation of the judicial nominations process. This title explains how the process has changed and how these changes threaten the independence of the courts. It argues that the process has changed as an institutional response by Congress to modern judicial power.Trade ReviewDrawing upon his deep knowledge of Washington politics, Wittes proposes several structural solutions to confirmation partisanship, including abandoning nominee testimony and focusing Senators' attention on the nominee's record. Though some may find these suggestions radical, Wittes's practical, readable text represents a serious effort to cure a process that troubles many Americans. * Harvard Law Review, April 2007 *This beautifully written and thought-provoking book is everything that the current confirmation process is not: temperate, thoughtful, nuanced, and fair. It is a 'must read' for anyone interested in the confirmation of federal judges. -- John Maltese, University of GeorgiaThis is the most interesting and fair-minded book ever written about the politics of judicial confirmation. The partisan participants in the judicial confirmation process should take Wittes's proposals for fixing the system very seriously, but for reasons he discouragingly explains, they probably won't. -- Jack Goldsmith, Harvard UniversityBenjamin Wittes, one of America's most insightful legal commentators, has achieved something remarkable: a book that casts genuinely fresh light on the question of judicial appointments. At a time when the debate about nominating and confirming judges tends to be shrill and partisan, this book is the opposite: scholarly, provocative, full of surprising history, and ultimately convincing. Both Wittes's analysis of the confirmation process and his proposed solutions will confound ideologues and delight open-minded readers of all political persuasions. -- Jeffrey Rosen, author of The Most Democratic Branch: How the Courts Serve America[Wittes is] a highly cogent legal commentator. * The Review of Higher Education *Wittes is not pounding madly on the table—he is too thoughtful and careful with evidence for that—but he is alarmed that in these 'angry times,' the judicial confirmation process, disfigured by harsh partisanship, poses a short and longer term threat to judicial independence. ... [Confirmation Wars] is a fine treatment of judicial confirmation politics, at all points judicious in its treatment of the issues and informative in its coverage of the relevant history and scholarly debate. -- Bob Bauer, author of More Soft Money Hard LawWittes, a Washington Post editorial writer, thoughtfully and dispassionately looks at how the federal judicial confirmation process has deteriorated over time (and he persuasively argues that it has indeed deteriorated), and what can be done about it. -- Eugene Volokh, UCLA...A terrific history of Supreme Court nominations. -- John R. Lott Jr. * New York Post *Witte's arguments and analyses are refreshing, especially his institutional perspective that sees the current confirmation process as the concomitant reaction to the overall institutional growth of the Judiciary over the last fifty years....Wittes's contribution to the study of the judicial selection process is an important one. * APSA Legislative Studies Section Newsletter, Book Notes, January 2008 *Table of ContentsChapter 1 1. Introduction Chapter 2 2. An Unsatisfying Debate Chapter 3 3. The Transformation of Judicial Confirmations Chapter 4 4. The Threat to Independent Courts Chapter 5 5. Conclusion: A Confirmation Process for Angry Times
£18.04
Edinburgh University Press The European Court of Human Rights
Book SynopsisSince the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. This book considers the domestic implementation of ECtHR judgments, and their impact upon national laws, policies and institutions.
£27.54
