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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: 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: Mary E. Brown Publisher: ISBN: 9780970717214 Category : Judges Languages : en Pages : 0
Book Description
The author was one of 22 New Hampshire State Senators who served as judges and jurors in the impeachment trial of New Hampshire Supreme Court Justice David Brock, in the year 2000. She has written this account to put the impeachment proceedings in a historical perspective, to seek out the truth and discover possible ways to avoid similar events in the future, and to express her own impressions of the event as well as the views of a wide variety of other participants. c. Book News Inc.
Author: New Hampshire. General Court. House of Representatives. Judiciary Committee Publisher: ISBN: Category : Courts Languages : en Pages :
Book Description
Depositions taken before the House Judiciary Committee concerning the investigation whether cause exists for the impeachment of David A. Brock, Chief Justice, and/or any other justices of the New Hampshire Supreme Court.
Author: Lawrence Friedman Publisher: Oxford University Press ISBN: 0190243597 Category : Law Languages : en Pages : 286
Book Description
In this newly revised work, Lawrence Friedman presents a comprehensive and accessible survey of New Hampshire constitutional history and constitutional law. One of the oldest written constitutions in the United States, the New Hampshire Constitution pre-dates the federal constitution and, with the Massachusetts Constitution, served as a model for many of the state constitutions that followed. This volume recounts the history of its drafting and development over the past 200 years and reviews in detail both the constitutional provisions that frame the state government as well as those that secure individual rights against government infringement. The book reviews the major cases decided under each provision and provides commentary on the continued development of state constitutional law in New Hampshire. The second edition provides revisions throughout the book updating each commentary with the latest cases including those involving the state constitutional right to education, along with cutting-edge issues of search and seizure law, making it the most comprehensive, single-volume guide to the New Hampshire Constitution. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Author: Susan E. Marshall Publisher: Oxford University Press, USA ISBN: 0199778280 Category : Law Languages : en Pages : 311
Book Description
Prepared in 1776, the constitution of New Hampshire is the nation's first written state constitution. The 1776 constitution was a brief 15 sentences, but it laid out a form of government dedicated to popular control and limited government powers that have remained a central theme of New Hampshire constitutional law to this day. The detail of the framing of the original state constitution --the first in the nation- provides a context for understanding and appreciating the traditions which has marked the state's political and constitutional history, even after 144 amendments and over 200 years. The New Hampshire State Constitution includes the full text of each article of the constitution and an analysis of each article's development. Susan E. Marshall includes a description of amendments to the text and references to cases decided by the New Hampshire Supreme Court. She offers a historical overview of the development and application of the New Hampshire constitution and provides a general constitutional history and an article-by-article commentary, including a discussion of important cases. Also included are a bibliographical essay, table of cases, tables relating to constitutional conventions and amendments, and a general index, offering significant sources for further study. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Author: Joseph D. Steinfield Publisher: ISBN: Category : Judges Languages : en Pages : 36
Book Description
In the wake of the March, 2000 resignation of W. Stephen Thayer, III from his position as Associate Justice of the New Hampshire Supreme Court due to allegations of misconduct in office, the New Hampshire House of Representatives passed House Resolution 50, authorizing the House Judiciary Committee (HJC) to investigate whether there were grounds for "the impeachment of David A. Brock, and/or any other justices of the New Hampshire Supreme Court" (p.3 of Interim Report). Special Counsel Steinfeld was engaged to carry out the HJC's investigation.
Author: Tinsley E. Yarbrough Publisher: Oxford University Press ISBN: 0195347900 Category : Biography & Autobiography Languages : en Pages : 335
Book Description
When the first President Bush chose David Hackett Souter for the Supreme Court in 1990, the slender New Englander with the shy demeanor and ambiguous past was quickly dubbed a "stealth candidate". Since his appointment, Souter has embraced a flexible, evolving, and highly pragmatic judicial style that embraces a high regard for precedent--even liberal decisions of the Warren and Burger Courts with which he may have personally disagreed. Ultimately, Yarbrough contends, Souter has become the principal Rehnquist Court opponent of the originalist, text-bound jurisprudence that many of the more conservative Justices profess to champion. Sifting through Souter's opinions, papers of the Justice's contemporaries and other relevant records and interviews, esteemed Supreme Court biographer Tinsley Yarbrough here gives us the real David Souter, crafting a fascinating account of one of the heretofore most elusive Justices in the history of the Court.
Author: James V. Calvi Publisher: Routledge ISBN: 1317225511 Category : Political Science Languages : en Pages : 454
Book Description
American Law and Legal Systems examines the philosophy of law within a political, social, and economic framework with great clarity and insight. Readers are introduced to operative legal concepts, everyday law practices, substantive procedures, and the intricacies of the American legal system. Eliminating confusing legalese, the authors skillfully explain the basics, from how a lawsuit is filed through the final appeal. This new edition provides essential updates to forensic and scientific evidence, contract law, and family law, and includes new text boxes and tables to help students understand, remember, and apply central concepts. New to the 8th Edition Updates the coverage of environmental law, especially in relation to climate change. Updates the coverage of family law, especially in relation to gay marriage. Includes new coverage of challenges to the Voting Rights Act, campaign finance, and cybersecurity. Covers the effects of social media on judicial proceedings. Includes 16 new cases, including Obergefell v. Hodges. Adds new text boxes on intriguing subjects throughout. Accompanied by an author-written Instructor’s Manual that includes Learning Objectives, Chapter Summaries, Chapter Outlines, Key Terms and Concepts, as well as Test Questions for each chapter.
Author: John Cerullo
Author: John Cerullo
Author: New Hampshire. General Court. Senate
Author: Mary E. Brown
Author: New Hampshire. General Court. House of Representatives. Judiciary Committee
Author: 
Author: Lawrence Friedman
Author: Susan E. Marshall
Author: Joseph D. Steinfield
Author: Tinsley E. Yarbrough
Author: James V. Calvi