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| Author | : Paola Ugolini |
| Publisher | : University of Toronto Press |
| Total Pages | : 310 |
| Release | : 2020 |
| Genre | : History |
| ISBN | : 1487505442 |
The Court and Its Critics focuses on the disillusionment with courtliness, the derision of those who live at court, and the open hostility toward the court, themes common to Renaissance culture.
| Author | : Gerald N. Rosenberg |
| Publisher | : University of Chicago Press |
| Total Pages | : 541 |
| Release | : 2008-09-15 |
| Genre | : Political Science |
| ISBN | : 0226726681 |
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
| Author | : Kermit Roosevelt |
| Publisher | : Yale University Press |
| Total Pages | : 272 |
| Release | : 2008-01-01 |
| Genre | : Law |
| ISBN | : 0300129564 |
Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
| Author | : Geoffrey R. Stone |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 241 |
| Release | : 2020-01-06 |
| Genre | : LAW |
| ISBN | : 019093820X |
From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
| Author | : Anthony Lewis |
| Publisher | : ReadHowYouWant.com |
| Total Pages | : 262 |
| Release | : 2010 |
| Genre | : History |
| ISBN | : 1458758389 |
More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.
| Author | : Eric J. Segall |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 281 |
| Release | : 2012-02-22 |
| Genre | : Political Science |
| ISBN | : |
This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.
| Author | : Kevin J. McMahon |
| Publisher | : University of Chicago Press |
| Total Pages | : 358 |
| Release | : 2011-09-19 |
| Genre | : Political Science |
| ISBN | : 0226561216 |
Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.
| Author | : Rosa A. Eberly |
| Publisher | : University of Illinois Press |
| Total Pages | : 228 |
| Release | : 2000 |
| Genre | : American fiction |
| ISBN | : 9780252068676 |
The condition of our public discussions about literary and cultural works has much to say about the condition of our democracy and the author argues for more public discourse--in classrooms, newspapers, magazines, etc. to reclaim a public voice on national artistic matters. In this revealing study of the links among literature, rhetoric, and democracy, Rosa A. Eberly explores the public debate generated by amateur and professional readers about four controversial literary works: two that were censored in the United States and two that created conflict because they were not censored. In Citizen Critics Eberly compares the outrage sparked by the publication of James Joyce's Ulysses and Henry Miller's Tropic of Cancer with the relative quiescence that greeted the much more violent and sexually explicit content of Bret Easton Ellis's American Psychoand Andrea Dworkin's Mercy. Through a close reading of letters to the editor, reviews, media coverage, and court cases, Eberly shows how literary critics and legal experts defused censorship debates by shifting the focus from content to aesthetics and from social values to publicity. By asserting their authority to pass judgments--thus denying the authority of citizen critics--these professionals effectively removed the discussion from literary public spheres. A passionate advocate for treating reading as a public and rhetorical enterprise rather than solely as a private one, Eberly suggests the potential impact a work of literature may have on the social polity if it is brought into public forums for debate rather than removed to the exclusive rooms of literary criticism. Eberly urges educators to use their classrooms as protopublic spaces in which students can learn to make the transition from private reader to public citizen.
| Author | : Linda Greenhouse |
| Publisher | : Random House Trade Paperbacks |
| Total Pages | : 353 |
| Release | : 2022-10-04 |
| Genre | : Political Science |
| ISBN | : 0593447948 |
The gripping story of the Supreme Court’s transformation from a measured institution of law and justice into a highly politicized body dominated by a right-wing supermajority, told through the dramatic lens of its most transformative year, by the Pulitzer Prize–winning law columnist for The New York Times—with a new preface by the author “A dazzling feat . . . meaty, often scintillating and sometimes scary . . . Greenhouse is a virtuoso of SCOTUS analysis.”—The Washington Post In Justice on the Brink, legendary journalist Linda Greenhouse gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect. In a page-turning narrative, she recounts the twelve months when the court turned its back on its legacy and traditions, abandoning any effort to stay above and separate from politics. With remarkable clarity and deep institutional knowledge, Greenhouse shows the seeds being planted for the court’s eventual overturning of Roe v. Wade, expansion of access to guns, and unprecedented elevation of religious rights in American society. Both a chronicle and a requiem, Justice on the Brink depicts the struggle for the soul of the Supreme Court, and points to the future that awaits all of us.
| Author | : Stephen Hunt |
| Publisher | : HarperCollins UK |
| Total Pages | : 12 |
| Release | : 2008-09-04 |
| Genre | : Fiction |
| ISBN | : 0007279434 |
A hugely engaging adventure set in a Victorian-style world – a fantastical version of Dickens – that will appeal to fans of Susanna Clarke and Philip Pullman. Two orphans are more than they seem. And one megalomaniac will stop at nothing to find them...
