Judging Thomas
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Author | : Ken Foskett |
Publisher | : Harper Collins |
Total Pages | : 357 |
Release | : 2009-10-13 |
Genre | : Biography & Autobiography |
ISBN | : 006173733X |
Clarence Thomas, the youngest and most controversial member of the Supreme Court, could become the longest-serving justice in history, influencing American law for decades to come. Who is this enigmatic man? And what does he believe in? Judging Thomas tells the remarkable story of Clarence Thomas's improbable journey from hardscrabble beginnings in the segregated South to the loftiest court in the land. With objectivity and balance, author Ken Foskett chronicles Thomas's contempt for upper-crust blacks who snubbed his uneducated, working-class roots; his flirtation with the priesthood and, later, Black Power; the resentment that fueled his opposition to affirmative action; the conservative beliefs that ultimately led him to the Supreme Court steps; and the inner resilience that propelled him through the doors. Based on interviews with Thomas himself, fellow justices, family members, and hundreds of friends and associates, Judging Thomas skillfully unravels perhaps the most complex, controversial, and powerful public figure in America today.
Author | : Douglas E. Edlin |
Publisher | : University of Michigan Press |
Total Pages | : 281 |
Release | : 2020-03-06 |
Genre | : Political Science |
ISBN | : 0472902342 |
Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.
Author | : Richard A. Posner |
Publisher | : Harvard University Press |
Total Pages | : 423 |
Release | : 2013-10-07 |
Genre | : Law |
ISBN | : 0674184653 |
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Author | : H. Knowles |
Publisher | : Springer |
Total Pages | : 294 |
Release | : 2016-04-08 |
Genre | : Political Science |
ISBN | : 1137412623 |
Judging Free Speech contains nine original essays by political scientists and law professors, each providing a comprehensive, yet concise and accessible overview of the free speech jurisprudence of a United States Supreme Court Justice.
Author | : Llewellyn Howes |
Publisher | : AOSIS |
Total Pages | : 364 |
Release | : 2015-12-31 |
Genre | : Religion |
ISBN | : 0620687371 |
Judging Q and saving Jesus is characterised by careful textual analysis, showing a piercing critical eye in its impressive engagement with the secondary literature and sharp, insightful critique. This book takes the stance that the hypothetical document Q can be reconstructed with sufficient precision and that this enables biblical scholars to study with confidence its genre and its thematic and ideological profile. The genre issue is central to the book’s overall structure, and the alternative proposals are discussed at length and with sophistication. The author’s inference is that Q’s macrogenre is sapiential with occasional insertions of apocalyptic microstructures and motifs. This finding embodies progress in Historical Jesus studies. An opposing trend has been to label Jesus an apocalypticist, so that the great ‘either-or’ of contemporary Jesus scholarship has been ‘either eschatological or not’, an alternative that dates back to Albert Schweitzer. The author finds that generally, and even when used apocalyptically, the term Son of Man tends to support arguments best understood as sapiential in outlook. This is consistent with the sapiential genre of the document as a whole. This finding is supported by the close and careful exegesis of Q 6:37?38 (on not judging). He reconstructs the original wording of this saying ‘on not judging’ and explores the idea of ‘weighing’ in judgment (psychostasia), determining in the end that the saying is entirely sapiential.
Author | : Hazel G. Genn |
Publisher | : Cambridge University Press |
Total Pages | : 229 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0521118948 |
A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.
Author | : Robert A. Katzmann |
Publisher | : Oxford University Press |
Total Pages | : 184 |
Release | : 2014-08-14 |
Genre | : Law |
ISBN | : 0199362157 |
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Author | : Melvin L. Rogers |
Publisher | : University of Chicago Press |
Total Pages | : 771 |
Release | : 2021-05-07 |
Genre | : Social Science |
ISBN | : 022672607X |
African American Political Thought offers an unprecedented philosophical history of thinkers from the African American community and African diaspora who have addressed the central issues of political life: democracy, race, violence, liberation, solidarity, and mass political action. Melvin L. Rogers and Jack Turner have brought together leading scholars to reflect on individual intellectuals from the past four centuries, developing their list with an expansive approach to political expression. The collected essays consider such figures as Martin Delany, Ida B. Wells, W. E. B. Du Bois, James Baldwin, Toni Morrison, and Audre Lorde, whose works are addressed by scholars such as Farah Jasmin Griffin, Robert Gooding-Williams, Michael Dawson, Nick Bromell, Neil Roberts, and Lawrie Balfour. While African American political thought is inextricable from the historical movement of American political thought, this volume stresses the individuality of Black thinkers, the transnational and diasporic consciousness, and how individual speakers and writers draw on various traditions simultaneously to broaden our conception of African American political ideas. This landmark volume gives us the opportunity to tap into the myriad and nuanced political theories central to Black life. In doing so, African American Political Thought: A Collected History transforms how we understand the past and future of political thinking in the West.
Author | : Robert A. Katzmann |
Publisher | : Oxford University Press |
Total Pages | : 184 |
Release | : 2014-08-14 |
Genre | : Law |
ISBN | : 0199362149 |
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Author | : Eric C. Ip |
Publisher | : Edward Elgar Publishing |
Total Pages | : 192 |
Release | : 2020-10-30 |
Genre | : Law |
ISBN | : 1788110242 |
Drawing insights from economics and political science, Judging Regulators explains why the administrative law of the US and the UK has radically diverged from each other on questions of law, fact, and discretion.