Author: Publisher:
ISBN:
Category : Federalist
Languages : en
Pages : 38
Book Description
The Federalist Papers Reexamined: The growth of judicial power: perspectives on "the least dangerous branch."
The Growth of Judicial Power : Perspectives on "the Least Dangerous Branch
Author: The Cambridge Companion to the Federalist Papers
Author: Jack N. RakovePublisher: Cambridge University Press
ISBN: 1107136393
Category : History
Languages : en
Pages : 623
Book Description
A multifaceted approach to The Federalist that covers both its historical value and its continuing political relevance.
The Federalist Papers Reexamined
Author: The Federalist Papers Reexamined: Our "compound republic": perspectives on American federalism
Author: Books in Print
Author: Publisher:
ISBN:
Category : American literature
Languages : en
Pages : 2204
Book Description
The Oxford Handbook of U.S. Judicial Behavior
Author: Lee EpsteinPublisher: Oxford University Press
ISBN: 019957989X
Category : Law
Languages : en
Pages : 625
Book Description
The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics George C. Edwards III.
Bowker's Law Books and Serials in Print
Author: Law and Judicial Duty
Author: Philip HAMBURGERPublisher: Harvard University Press
ISBN: 0674038193
Category : Law
Languages : en
Pages : 705
Book Description
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.
Keeping Faith with the Constitution
Author: Goodwin LiuPublisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.