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Author: Harry T. Edwards Publisher: West Academic Publishing ISBN: Category : Law Languages : en Pages : 274
Book Description
This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.
Author: Harry T. Edwards Publisher: West Academic Publishing ISBN: Category : Law Languages : en Pages : 274
Book Description
This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.
Author: Erwin Chemerinsky Publisher: Penguin Books ISBN: 0143128000 Category : History Languages : en Pages : 402
Book Description
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Author: Melvin I. Urofsky Publisher: Vintage ISBN: 110187063X Category : Law Languages : en Pages : 545
Book Description
“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Author: Marcia Coyle Publisher: Simon and Schuster ISBN: 145162753X Category : Political Science Languages : en Pages : 534
Book Description
For years, the Supreme Court led by Chief Justice John Roberts has been at the center of a constitutional maelstrom. Here, the much-honored, expert Supreme Court reporter Marcia Coyle's examination of four landmark cases is "informative, insightful, clear and fair...Coyle reminds us that Supreme Court decisions matter. A lot." (Portland Oregonian). Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the US Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside analysis of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began and how they exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United case. Most dramatically, her reporting shows how dedicated conservative lawyers and groups have strategized to find cases and crafted them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat to the struggle to lay down the law of the land.
Author: Rachel Givney Publisher: HarperCollins ISBN: 0063019094 Category : Fiction Languages : en Pages : 431
Book Description
"Artfully written and engaging, Jane in Love is a lively effusion of wit and humor."—Graeme Simsion, New York Times bestselling author of The Rosie Project A charming, romantic debut novel in which Jane Austen, heralded author, ends up time-traveling almost 200 years in the future. There she finds the love she's written about and the destiny she's dreamed of...but is it worth her legacy? Bath, England, 1803. At 28, Jane Austen prefers walking and reading to balls and assemblies; she dreams of someday publishing her carefully crafted stories. Already on the shelf and in grave danger of becoming a spinster, Jane goes searching for a radical solution—and as a result, seemingly by accident, time-travels. She lands in... Bath, England, present day. The film set of Northanger Abbey. Sofia Wentworth is a Hollywood actress starring in a new period film, an attempt to reinvent her flagging career and, secretly, an attempt to reinvent her failing marriage. When Sofia meets Jane, she marvels at the young actress who can’t seem to "break character," even off set. And Jane—acquainting herself with the horseless steel carriages and seriously shocking fashion of the twenty-first century— meets Sofia, a woman unlike anyone she’s ever met before. Then she meets Fred, Sofia’s brother, who has the audacity to be handsome, clever, and kind-hearted. What happens when Jane, against her better judgement, falls in love with Fred? And when Sofia learns the truth about her new friend Jane? And worst of all, if Jane stays with Fred, will she ever achieve her dream, the one she's now seen come true?
Author: Kyung-Sook Shin Publisher: Simon and Schuster ISBN: 1681778424 Category : Fiction Languages : en Pages : 421
Book Description
When a novice French diplomat arrives for an audience with the Emperor, he is enraptured by the Joseon Dynasty’s magnificent culture, then at its zenith. But all fades away when he sees Yi Jin perform the traditional Dance of the Spring Oriole. Though well aware that women of the court belong to the palace, the young diplomat confesses his love to the Emperor, and gains permission for Yi Jin to accompany him back to France.A world away in Belle Epoque Paris, Yi Jin lives a free, independent life, away from the gilded cage of the court, and begins translating and publishing Joseon literature into French with another Korean student. But even in this new world, great sorrow awaits her. Betrayal, jealousy, and intrigue abound, culminating with the tragic assassination of the last Joseon empress—and the poisoned pages of a book.Rich with historic detail and filled with luminous characters, Korea’s most beloved novelist brings a lost era to life in a story that will resonate long after the final page.
Author: T. Patrick Hill Publisher: Rowman & Littlefield ISBN: 1683933249 Category : Philosophy Languages : en Pages : 241
Book Description
In No Place for Ethics, Hill argues that contemporary judicial review by the U.S. Supreme Court rests on its mistaken positivist understanding of law—law simply because so ordered—as something separate from ethics. Further, to assert any relation between the two is to contaminate both, either by turning law into an arm of ethics, or by making ethics an expression of law. This legal positivism was on full display recently when the Supreme Court declared that the CDC was acting unlawfully by extending the eviction moratorium to contain the spread of the Covid-19 Delta variant, something that, the Court admitted, was of indisputable benefit to the public. How mistaken however to think that acting for the good of the public is to act unlawfully when actually it is to act ethically and must therefore be lawful. To address this mistake, Hill contends that an understanding of natural law theory provides the basis for a constitutive relation between ethics and law without confusing their distinct role in answering the basic question, how should I behave in society? To secure that relation, the Court has an overriding responsibility when carrying out its review to do so with reference to normative ethics from which the U.S. Constitution is derived and to which it is accountable. While the Constitution confirms, for example, the liberty interests of individuals, it does not originate those interests which have their origin in human rights that long preceded it. Essential to this argument is an appreciation of ethics as objective and based on principles, like those of justice, truth, and reason that ought to inform human behavior at its very springs. Applied in an analysis of five major Supreme Court cases, this appreciation of ethics reveals how wrongly decided these cases are.
Author: Tracy Wolff Publisher: Entangled: Teen ISBN: 1649373171 Category : Young Adult Fiction Languages : en Pages : 690
Book Description
The sensational conclusion to the massive #1 New York Times bestselling series... It’s been over three months since my friends and I took down Cyrus. Three months where my biggest fear was what paper was due next... But I should have known it was too good to last. Now everything is falling apart. The Vampire Court has no king, the Dragon Court has no heart, and the Gargoyle Court has me—a teenager in way over her head. And it’s the worst possible timing, because a threat is brewing just as the Circle is collapsing. I have no choice but to return to the Shadow Realm and face the terrifying queen who nearly ended us...and make a deal with her to save Mekhi. But this time, I’m bringing my powerful friends with me—and Hudson. Except something is wrong with him, too. He’s keeping a secret—even from me. All I know is that everyone’s life hangs in the balance. And it’s my fault—because I still owe the Crone a favor...and now she’s come to collect. Don’t miss a single book in the series that spawned a phenomenon! The Crave series is best enjoyed in order: Crave Crush Covet Court Charm Cherish
Author: Mark Tushnet Publisher: Princeton University Press ISBN: 1400828155 Category : Political Science Languages : en Pages : 288
Book Description
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Author: Harry T. Edwards
Author: Harry T. Edwards
Author: Erwin Chemerinsky
Author: Melvin I. Urofsky
Author: Marcia Coyle
Author: Rachel Givney
Author: Kyung-Sook Shin
Author: T. Patrick Hill
Author: Tracy Wolff
Author: 
Author: Mark Tushnet