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Author: Susan P. Fino Publisher: Praeger ISBN: Category : Law Languages : en Pages : 184
Book Description
In The Role of State Supreme Courts in the New Judicial Federalism, Susan P. Fino presents a comprehensive analysis of the work of the state supreme court in the context of the new emphasis of states' rights. She provides both quantitative and qualitative data on state supreme court decisions, and includes an analysis of over 1,200 opinions rendered by six selected courts, thus laying the foundation for a systematic study of the state supreme court system. Fino also presents hypotheses to explain the variations in decision making observed from state to state. Her work concludes with observations on the prospects for an enhanced role for the state supreme court system, and suggestions for improving the institution.
Author: Susan P. Fino Publisher: Praeger ISBN: Category : Law Languages : en Pages : 184
Book Description
In The Role of State Supreme Courts in the New Judicial Federalism, Susan P. Fino presents a comprehensive analysis of the work of the state supreme court in the context of the new emphasis of states' rights. She provides both quantitative and qualitative data on state supreme court decisions, and includes an analysis of over 1,200 opinions rendered by six selected courts, thus laying the foundation for a systematic study of the state supreme court system. Fino also presents hypotheses to explain the variations in decision making observed from state to state. Her work concludes with observations on the prospects for an enhanced role for the state supreme court system, and suggestions for improving the institution.
Author: Michael Buenger Publisher: Edward Elgar Publishing ISBN: 1783477903 Category : Law Languages : en Pages : 331
Book Description
American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.
Author: Christopher P. Banks Publisher: Rowman & Littlefield Publishers ISBN: 1442218584 Category : Law Languages : en Pages : 364
Book Description
Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court’s “new federalism” begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. Using descriptive and empirical methods in political science and legal scholarship, and informed by diverse approaches to judicial ideology, from historical to new institutionalist, they investigate how the U.S. Supreme Court rulings have shaped the political principle of federalism. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation. In addition, they analyze areas of federalism not normally studied by scholars such as religious liberty and foreign affairs.
Author: Judge Jeffrey S. Sutton Publisher: Oxford University Press ISBN: 0190866063 Category : Languages : en Pages : 288
Book Description
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Author: Nicholas Theodore Aroney Publisher: University of Toronto Press ISBN: 1487511485 Category : Law Languages : en Pages : 600
Book Description
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Author: Henry R. Glick Publisher: New York : Basic Books ISBN: Category : Philosophy Languages : en Pages : 194
Book Description
Conceptual blending, say Fauconnier (cognitive science, U. of California-San Diego) and Turner (behavioral sciences, U. of Maryland), is a great mental capacity that in its most advanced, double-scope form, gave human ancestors superiority and allowed them to develop art, science, religion, culture, sophisticated tools, and language. They investigate its principles, dynamics, and role in human life. Annotation copyrighted by Book News Inc., Portland, OR.
Author: James A. Gardner Publisher: Oxford University Press ISBN: 0195368320 Category : Law Languages : en Pages : 190
Book Description
Chapters featured in this title include: 'Dual Enforcement of Constitutional Norms', 'Cool Federalism and the Life Cycle of Moral Progress', 'Why Federalism and Constitutional Positivism Don't Mix', and 'Interjurisdictional Enforcement of Rights in a Post-erie World', amongst others.
Author: Adam Lamparello Publisher: Routledge ISBN: 1315407760 Category : Law Languages : en Pages : 295
Book Description
This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court’s decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I–V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court’s reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices’ judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.
Author: Susan P. Fino
Author: Susan P. Fino
Author: Susan P. Fino
Author: Michael Buenger
Author: Christopher P. Banks
Author: Judge Jeffrey S. Sutton
Author: Nicholas Theodore Aroney
Author: Henry R. Glick
Author: James A. Gardner
Author: Adam Lamparello
Author: Mary Porter