Description

Book Synopsis
Since the mid-1970s, Congress has passed numerous overrides - laws that seek to reverse or modify judicial intepretations of statutes. This text asks: do overrides effectively clarify the law, reverse objectionable judicial statutory interpretations, and broaden deliberation on contested issues?

Trade Review
"In providing us with a careful and detailed picture of the realities, Barnes has taken an important step in the "modeling dialogue" among theorists and empiricists that will hopefully push us towards a more sophisticated and nuanced understanding of congressional-judicial relations." -- The Law and Politics Book Review
"Barnes has significantly advanced our understanding of the separation of powers, and in doing so, has made a persuasive case that our political system may be healthier than we typically recognize." -- Perspectives on Politics

Table of Contents
Contents Acknowledgements xx Background 1 Chapter 1. The Questions, Debate, and Overview XX Chapter 2. Overrides in Contemporary U.S. Policy-Making: Promise and Current Understanding...52 Part I: Do Overrides Matter? Chapter 3. Assumptions and Hypotheses...88 Chapter 4. Data, Methods, and Findings...114 Part II: What Patterns of Court-Congress Relations Underlie the Override Process? Chapter 5. A Typology of Override Scenarios...143 Chapter 6. Operationalization of Typology, Findings, and Analysis...189 Chapter 7. Under What Conditions...? Assessment and Hypotheses...214 Conclusion Chapter 8. Broader Implications and Avenues for Future Inquiry...240 Appendix. Summary of Overrides Analyzed...254 Index Library of Congress Subject Headings for this publication: Statutes United States, Judicial review United States, Law United States Interpretation and construction, Political questions and judicial power United States

Overruled

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    A Hardback by Jeb Barnes

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      Publisher: Stanford University Press
      Publication Date: Publication Date: 25/02/2004
      ISBN13: 9780804748834, 978-0804748834
      ISBN10: 0804748837

      Description

      Book Synopsis
      Since the mid-1970s, Congress has passed numerous overrides - laws that seek to reverse or modify judicial intepretations of statutes. This text asks: do overrides effectively clarify the law, reverse objectionable judicial statutory interpretations, and broaden deliberation on contested issues?

      Trade Review
      "In providing us with a careful and detailed picture of the realities, Barnes has taken an important step in the "modeling dialogue" among theorists and empiricists that will hopefully push us towards a more sophisticated and nuanced understanding of congressional-judicial relations." -- The Law and Politics Book Review
      "Barnes has significantly advanced our understanding of the separation of powers, and in doing so, has made a persuasive case that our political system may be healthier than we typically recognize." -- Perspectives on Politics

      Table of Contents
      Contents Acknowledgements xx Background 1 Chapter 1. The Questions, Debate, and Overview XX Chapter 2. Overrides in Contemporary U.S. Policy-Making: Promise and Current Understanding...52 Part I: Do Overrides Matter? Chapter 3. Assumptions and Hypotheses...88 Chapter 4. Data, Methods, and Findings...114 Part II: What Patterns of Court-Congress Relations Underlie the Override Process? Chapter 5. A Typology of Override Scenarios...143 Chapter 6. Operationalization of Typology, Findings, and Analysis...189 Chapter 7. Under What Conditions...? Assessment and Hypotheses...214 Conclusion Chapter 8. Broader Implications and Avenues for Future Inquiry...240 Appendix. Summary of Overrides Analyzed...254 Index Library of Congress Subject Headings for this publication: Statutes United States, Judicial review United States, Law United States Interpretation and construction, Political questions and judicial power United States

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