The United States Supreme Court: Studies in Judicial Self-restraint
Author : Howard Sherain
Publisher :
Page : 300 pages
File Size : 46,95 MB
Release : 1969
Category : Judges
ISBN :
Author : Howard Sherain
Publisher :
Page : 300 pages
File Size : 46,95 MB
Release : 1969
Category : Judges
ISBN :
Author : Frances Rudko
Publisher : Praeger
Page : 200 pages
File Size : 34,18 MB
Release : 1988-09-28
Category : Law
ISBN :
A concise, well-written examination by a lawyer-historian of the judicial restraint philosophies of President Truman's four appointees to the Supreme Court: Harold Burton, Fred Vinson, Tom Clark, and Sherman Minton. Rudko's analysis of the four men's opinions in criminal procedure, loyalty-security, racial discrimination, and alien rights cases show that Truman was far more successful than most presidents in choosing justices whose view of the judicial role matched his own. Choice Much of the debate surrounding the Supreme Court can be traced to the notion that the Court is primarily a political rather than a judicial institution. When the Court is viewed from an ideological standpoint, it becomes tempting, for example, to equate judicial restraint with conservatism, and activism with a liberal political perspective. In her study of the Truman Court, Rudko demonstrates the fallacy of the political approach. Focusing of the record of President Truman's four liberal appointees, she looks at the judicial philosophy underlying important decisions involving the rights of individuals and shows how judicial issues--especially the balance between restraint and activism--have determined the decision-making process.
Author : Richard A. Posner
Publisher : Harvard University Press
Page : 436 pages
File Size : 44,91 MB
Release : 1999-09-15
Category : Law
ISBN : 9780674296275
Drawing on economic and political theory, legal analysis, and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises concerns that have been expressed with their performance, and presents a variety of proposals for both short-term and fundamental reform.
Author : Harold J. Spaeth
Publisher : Scholarly Title
Page : 368 pages
File Size : 18,56 MB
Release : 1990
Category : Law
ISBN :
Presents studies of the Supreme Court arranged in chronological stages. Each of these stages constitutes a chapter in which the authors systematically analyze the Court's control of its docket, the justices' initial vote on the merits of the cases it has agreed to decide, how majority opinions are assigned, the explanation for the final vote on the merits, the writing and joining of special (non- majority) opinions, and the Court's output. Annotation c. Book News, Inc., Portland, OR (booknews.com).
Author : Stephen C. Halpern
Publisher : Free Press
Page : 456 pages
File Size : 47,90 MB
Release : 1982
Category : Political Science
ISBN :
Author : Sonja C. Grover
Publisher : Springer Nature
Page : 283 pages
File Size : 14,93 MB
Release : 2020-02-17
Category : Law
ISBN : 3030350851
In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.
Author : D. Grier Stephenson
Publisher : Praeger
Page : 200 pages
File Size : 38,1 MB
Release : 1991-03-30
Category : Law
ISBN :
This timely collection examines the record of current and recent justices in fashioning the Constitution and looks at the larger political context in which their work has occurred. The eight essays, written by distinguished scholars of the Supreme Court, review the achievements of current Justices O'Connor and Rehnquist as well as recent justices Douglas, Black, and Harlan. The essay on Justice O'Connor is one of the first overall assessments of her record to appear in print. Editor D. Grier Stephenson, Jr.'s introductory chapter presents an insightful overview of the Supreme Court's role in American government today. Collectively these chapters make a rich contribution to an understanding of constitutional government and render a complex subject both accessible to general readers and interesting to experts. Following editor Stephenson's cogent introduction, Henry Abraham's Can Presidents Really Pack the Supreme Court? focuses on the political and intellectual environments within which the Supreme Court functions and on the candidates selected by presidents to sit on the High Bench. In Chapter Three, former solicitor general Rex E. Lee zeroes on a central aspect of, and a key player in, the judicial process. Leadership and the relationships among the justices are the subject of Chapter Four. Harold J. Spaeth's essay on Justice Sandra Day O'Connor emphasizes personality as an element contributing to the Court's decisions. The legacy of Justice William O. Douglas and the impact of the Court's past on its present decisions are both examined by Walter Murphy. Similarly, the next chapter's study of Justice John Marshall Harlan shows the importance of the Constitutional legacy in understanding the Supreme Court. Affirmative Action and the Supreme Court reviews the responses of current members of the Court to one of the most divisive and significant policy questions of our time. The concluding essay surveys Chief Justice Rehnquist and the Future of the Supreme Court. This volume is important reading for students of law, history, and political science.
Author : James Bradley Thayer
Publisher :
Page : 42 pages
File Size : 46,48 MB
Release : 1893
Category : Constitutional law
ISBN :
Author : Jeffrey A. Segal
Publisher : Cambridge University Press
Page : 484 pages
File Size : 48,22 MB
Release : 2002-09-16
Category : Law
ISBN : 9780521789714
Two leading scholars of the Supreme Court explain and predict its decision making.
Author : Frederic R. Kellogg
Publisher : Cambridge University Press
Page : 0 pages
File Size : 24,77 MB
Release : 2011-06-30
Category : Philosophy
ISBN : 9780521321921
Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.