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Author: Charles Gardner Geyh Publisher: Oxford University Press ISBN: 0190233494 Category : Law Languages : en Pages : 215
Book Description
In recent decades, the American judiciary has undergone a political transformation that jeopardizes the rule of law paradigm that the courts have embraced for centuries. Courting Peril describes that transformation, explores its implications, and proposes a new way of thinking about the courts and their oversight.
Author: Charles Gardner Geyh Publisher: Oxford University Press ISBN: 0190233494 Category : Law Languages : en Pages : 215
Book Description
In recent decades, the American judiciary has undergone a political transformation that jeopardizes the rule of law paradigm that the courts have embraced for centuries. Courting Peril describes that transformation, explores its implications, and proposes a new way of thinking about the courts and their oversight.
Author: Geri Chavis Publisher: Routledge ISBN: 1000195546 Category : Fiction Languages : en Pages : 241
Book Description
Peril and Protection in British Courtship Novels: A Study in Continuity and Change explores the use and context of danger/safety language in British courtship novels published between 1719 and 1920. The term "courtship novel" encompasses works focusing on both female and male protagonists’ journeys toward marriage, as well as those reflecting the intertwined nature of comic courtship and tragic seduction scenarios. Through careful tracking of peril and protection terms and imagery within the works of widely-read, influential authors, Professor Chavis provides a fresh view of the complex ways that the British novel has both maintained the status quo and embodied cultural change. Lucid discussions of each novel, arranged in chronological order, shed new light on major characters’ preoccupations, values, internal struggles, and inter-actional styles and demonstrate the ways in which gender ideology and social norms governing male-female relationships were not only perpetuated but also challenged and satirized during the course of the British novel’s development. Blending close textual analysis with historical/cultural and feminist criticism, this multi-faceted study invites readers to look with both a microscopic lens at the nuances of figurative and literal language and a telescopic lens at the ways in which modifications to views of masculinity and femininity and interactions within the courtship arena inform the novel genre’s evolution.
Author: Stephen Breyer Publisher: Harvard University Press ISBN: 0674269365 Category : Law Languages : en Pages : 113
Book Description
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Author: C. Scott Peters Publisher: Routledge ISBN: 1317226410 Category : Political Science Languages : en Pages : 172
Book Description
State judicial elections are governed by a unique set of rules that enforce longstanding norms of judicial independence by limiting how judicial candidates campaign. These rules have been a key part of recent debates over judicial elections and have been the subject of several U.S. Supreme Court cases. Regulating Judicial Elections provides the first accounting of the efficacy and consequences of such rules. C. Scott Peters re-frames debates over judicial elections by shifting away from all-or-nothing claims about threats to judicial independence and focusing instead on the trade-offs inherent in our checks and balances system. In doing so, he is able to examine the costs and benefits of state ethical restrictions. Peters finds that while some parts of state codes of conduct achieve their desired goals, others may backfire and increase the politicization of judicial elections. Moreover, modest gains in the protection of independence come at the expense of the effectiveness of elections as accountability mechanisms. These empirical findings will inform ongoing normative debates about judicial elections.
Author: Charles Gardner Geyh Publisher: Oxford University Press ISBN: 019088715X Category : Law Languages : en Pages : 217
Book Description
An elected judiciary is virtually unique to the American experience and creates a paradox in a representative democracy. Elected judges take an oath to uphold the law impartially, which calls upon them to swear off the influence of the very constituencies they must cultivate in order to attain and retain judicial office. This paradox has given rise to perennially shrill and unproductive binary arguments over the merits and demerits of elected and appointed judiciaries, which this project seeks to transcend and reimagine. In Who Is to Judge?, judicial politics expert Charles Gardner Geyh exposes and explains the overstatements of both sides in the judicial selection debate. When those exaggerations are understood as such, it becomes possible to search for common ground and its limits. Ultimately, this search leads Geyh to conclude that, while appointive systems are a preferable default, no one system of selection is best for all jurisdictions at all times.
Author: Herbert M. Kritzer Publisher: Cambridge University Press ISBN: 1108853684 Category : Law Languages : en Pages : 401
Book Description
Using detailed case studies of the relevant US states, Herbert Kritzer provides an unprecedented examination of the process and politics of how states select and retain judges. The book is organized around the competing goals of politics and professionalism, namely whether the focus in choosing judges should be on future judicial decisions (court outputs) or on the court processes by which those decisions are reached. Or, in considering who should be a judge, whether the emphasis should be on political credentials or on professional credentials. One important finding is that political concerns have surpassed professionalism concerns since 2000. Another is that voters have been more supportive of professionalism in selecting appellate judges than trial judges. Judicial Selection in the States should be read by anyone seeking a deep understanding of the complex interplay between politics and the judiciary at the state level in the United States.
Author: Terri Jennings Peretti Publisher: University Press of Kansas ISBN: 0700630198 Category : Political Science Languages : en Pages : 376
Book Description
“I have no agenda,” US Supreme Court Chief Justice John Roberts proclaimed at his Senate confirmation hearing: “My job is to call balls and strikes and not to pitch or bat.” This declaration was in keeping with the avowed independence of the judiciary. It also, when viewed through the lens of Roberts’s election law decisions, appears to be false. With a scrupulous reading of judicial decisions and a careful assessment of partisan causes and consequences, Terri Jennings Peretti tells the story of the GOP’s largely successful campaign to enlist judicial aid for its self-interested election reform agenda. Partisan Supremacy explores four contemporary election law issues—voter identification, gerrymandering, campaign finance, and the preclearance regime of the Voting Rights Act—to uncover whether Republican politicians and Republican judges have collaborated to tilt America’s election rules in the GOP’s favor. Considering cases from Shelby County v. Holder, which enfeebled the Voting Rights Act, to Crawford v. Marion County Election Board, which upheld restrictive voter identification laws, to Citizens United and McCutcheon, which loosened campaign finance restrictions, Peretti lays bare the reality of “friendly” judicial review and partisan supremacy when it comes to election law. She nonetheless finds a mixed verdict in the redistricting area that reveals the limits of partisan control over judicial decisions. Peretti’s book helpfully places the current GOP’s voter suppression campaign in historical context by acknowledging similar efforts by the postCivil War Democratic Party. While the modern Democratic Party seeks electoral advantage by expanding voting by America’s minorities and youth, arguably hewing closer to democratic principles, neither party is immune to the powerful incentive to bend election rules in its favor. In view of the evidence that Partisan Supremacy brings to light, we are left with a critical and pressing question: Can democracy survive in the face of partisan collaboration across the branches of government on critical election issues?
Author: Percy Bysshe Shelley Publisher: JHU Press ISBN: 1421437848 Category : Literary Criticism Languages : en Pages : 1009
Book Description
This new volume of JHU Press's landmark Shelley edition contains posthumous poems edited from original manuscripts. "The world will surely one day feel what it has lost," wrote Mary Shelley after Percy Bysshe Shelley's premature death in July 1822. Determined to hasten that day, she recovered his unpublished and uncollected poems and sifted through his surviving notebooks and papers. In Genoa during the winter of 1822–23, she painstakingly transcribed poetry "interlined and broken into fragments, so that the sense could only be deciphered and joined by guesses." Blasphemy and sedition laws prevented her from including her husband's most outspoken radical works, but the resulting volume, Posthumous Poems of Percy Bysshe Shelley (1824), was a magnificent display of Shelley's versatility and craftsmanship between 1816 and 1822. Few such volumes have made more difference to an author's reputation. The seventh volume of the acclaimed Complete Poetry of Percy Bysshe Shelley extracts from Posthumous Poems those original poems and fragments Mary Shelley edited. The collection opens with Shelley's enigmatic dream vision The Triumph of Life, the last major poem he began—and, in the opinion of T. S. Eliot, the finest thing he ever wrote. There follow some of the most famous and beautiful of Shelley's short lyrics, narrative fragments, two unfinished plays, and other previously unreleased pieces. Upholding the standards of accuracy and comprehensiveness set by previous volumes, every item in Volume 7 has been newly edited from the original manuscripts, in some cases superseding texts that have stood since 1870. Extensive appendixes contain Mary Shelley's preface to Posthumous Poems, Shelley's source for "Ginevra," and preparatory material for his play Charles the First. Wide-ranging discussions of the poems' composition, influences, publication, circulation, reception, and critical history accompany detailed records of textual variants for each work. The editorial overview and commentaries offer insights into Mary Shelley's editorial strategies while proposing surprising new contexts and redatings. Volumes 4 to 6 are in preparation.
Author: John Cerullo Publisher: Lexington Books ISBN: 1498565905 Category : Law Languages : en Pages : 325
Book Description
At this juncture in American history, some of our most hard-fought state-level political struggles involve control of state supreme courts. New Hampshire witnessed one of the most dramatic of these, culminating in the impeachment of Chief Justice David Brock in 2000, but the issues raised by the case are hardly confined to New Hampshire. They involved the proper nature and operation of judicial independence within a “populist” civic culture that had long assumed the primacy of the legislative branch, extolled its “citizen legislators” over insulated and professionalized elites, and entrusted those legislators to properly supervise the judiciary. In the last few decades of the 20th Century, New Hampshire’s judiciary had been substantially reconfigured: constitutional amendments and other measures endorsed by the national judicial-modernization movement had secured for it a much higher level of independence and internal unification than it had historically enjoyed. However, a bipartisan body of legislators remained committed to the principle of legislative supremacy inscribed in the state constitution of 1784. The 1980s and 1990s witnessed a series of clashes over court administration, allegations of judicial corruption, and finally a bitter and protracted battle over Court decisions on educational funding. Chief Justice Brock publicly embodied the judicial branch's new status and assertiveness. When information came to light regarding some of his administrative actions on the high court, deepening antipathy toward him exploded into an impeachment crisis. The struggle over Brock’s conduct raised significant questionsabout the meaning and proper practice of impeachment itself as a feature of democratic governance. When articles of impeachment were voted by the House of Representatives, the state Senate faced the difficult task of establishing trial protocols that would balance thepolitical and juridical responsibilities devolved on them, simultaneously, by the state constitution.Having struck that balance, the trial they conducted would finally acquit Brock of all charges. Nevertheless, David Brock’s impeachment was a highly consequential ordeal that provided a needed catalyst for reforms intended to produce a productive recalibration of legislative-judicial relations.
Author: Charles Gardner Geyh
Author: Charles Gardner Geyh
Author: Geri Chavis
Author: Stephen Breyer
Author: C. Scott Peters
Author: Charles Gardner Geyh
Author: Herbert M. Kritzer
Author: Terri Jennings Peretti
Author: Percy Bysshe Shelley
Author: John Cerullo
Author: