The Legacy Of Judicial Policy Making
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Author | : Geoffrey R. Stone |
Publisher | : |
Total Pages | : 241 |
Release | : 2020 |
Genre | : Biography & Autobiography |
ISBN | : 019093820X |
Brown v. Board of Education (1954) -- Mapp v. Ohio (1961) -- Engel v. Vitale (1962) -- Gideon v. Wainwright (1963) -- New York Times v. Sullivan (1964) -- Reynolds v. Sims (1964) -- Griswold v. Connecticut (1965) -- Miranda v. Arizona (1966) -- Loving v. Virginia (1967) -- Katz v. United States (1967) -- Shapiro v. Thompson (1968) -- Brandenburg v. Ohio (1969).
Author | : Elizabeth Warren |
Publisher | : |
Total Pages | : 120 |
Release | : 1988 |
Genre | : Law |
ISBN | : |
Author | : William Edward Nelson |
Publisher | : |
Total Pages | : 168 |
Release | : 2000 |
Genre | : Biography & Autobiography |
ISBN | : |
This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.
Author | : Nancy L. Maveety |
Publisher | : University of Michigan Press |
Total Pages | : 446 |
Release | : 2009-11-16 |
Genre | : Law |
ISBN | : 0472024205 |
In The Pioneers of Judicial Behavior, prominent political scientists critically examine the contributions to the field of public law of the pioneering scholars of judicial behavior: C. Hermann Pritchett, Glendon Schubert, S. Sidney Ulmer, Harold J. Spaeth, Joseph Tanenhaus, Beverly Blair Cook, Walter F. Murphy, J. Woodward Howard, David J. Danelski, David Rohde, Edward S. Corwin, Alpheus Thomas Mason, Robert G. McCloskey, Robert A. Dahl, and Martin Shapiro. Unlike past studies that have traced the emergence and growth of the field of judicial studies, The Pioneers of Judicial Behavior accounts for the emergence and exploration of three current theoretical approaches to the study of judicial behavior--attitudinal, strategic, and historical-institutionalist--and shows how the research of these foundational scholars has contributed to contemporary debates about how to conceptualize judges as policy makers. Chapters utilize correspondence of and interviews with some early scholars, and provide a format to connect the concerns and controversies of the first political scientists of law and courts to contemporary challenges and methodological debates among today's judicial scholars. The volume's purpose in looking back is to look forward: to contribute to an ecumenical research agenda on judicial decision making, and, ultimately, to the generation of a unified, general theory of judicial behavior. The Pioneers of Judicial Behavior will be of interest to graduate students in the law and courts field, political scientists interested in the philosophy of social science and the history of the discipline, legal practitioners and researchers, and political commentators interested in academic theorizing about public policy making. Nancy L. Maveety is Associate Professor of Political Science, Tulane University.
Author | : James T. Patterson |
Publisher | : Oxford University Press |
Total Pages | : 318 |
Release | : 2001-03-01 |
Genre | : History |
ISBN | : 0199880840 |
2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
Author | : Malcolm M. Feeley |
Publisher | : Cambridge University Press |
Total Pages | : 516 |
Release | : 2000-03-28 |
Genre | : Law |
ISBN | : 9780521777346 |
Investigates the role of federal judges in prison reform, and policy making in general.
Author | : G. Alan Tarr |
Publisher | : Taylor & Francis |
Total Pages | : 345 |
Release | : 2024-01-22 |
Genre | : Political Science |
ISBN | : 1000986918 |
An excellent introduction to judicial politics as a method of analysis, the eighth edition of Judicial Process and Judicial Policymaking focuses on policy in the judicial process. Rather than limiting the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: (1) Courts in the United States have always played an important role in governing and their role has increased in recent decades; (2) Judicial policymaking is a distinctive activity; (3) Courts make policy in a variety of ways; and (4) Courts may be the objects of public policy, as well as creators. New to the Eighth Edition Discusses appointments by Presidents Donald Trump and Joseph Biden to the federal courts, including the confirmations of Gorsuch, Kavanaugh, Coney Barrett, and Jackson to the Supreme Court Introduces the controversy of the Supreme Court’s “shadow docket” Analyzes the legal and political aftermath of the Dobbs v. Jackson Women’s Health Organization overruling Roe v. Wade Examines other key state and federal rulings on non-unanimous verdicts in criminal cases, gerrymandering, climate change, and separation between church and state
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 | : Rosann Greenspan |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2019-06-13 |
Genre | : Law |
ISBN | : 1108415687 |
Malcolm Feeley's classic scholarship on courts, criminal justice, legal reform, and the legal complex, examined by law and society scholars.
Author | : Harry N. Scheiber |
Publisher | : Lexington Books |
Total Pages | : 384 |
Release | : 2007 |
Genre | : Biography & Autobiography |
ISBN | : 9780739116357 |
Earl Warren and the Warren Court comprises essays written by leading experts from the fields of law, history, and social science on the most important areas of the Warren Court's contributions in American law. In addition, Scheiber includes appraisals of the Warren Court's influence abroad, written by authorities of legal development in Europe, Latin America, Canada, and East Asia. This book offers a unique set of analyses that portray how innovations in American law generated by the Warren Court led to a reconsideration of law and the judicial role--and in many areas of the world, to transformations in judicial procedure and the advancement of substantive human rights. Also explored within these pages are the personal role of Earl Warren in the shaping of "Warren era" law and the ways in which his character and background influenced his role as Chief Justice.