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Author: Kathleen H. Winters Publisher: ISBN: Category : Languages : en Pages : 248
Book Description
Abstract: While some behavior on the United States Supreme Court is formally required, other choices are wholly up to the discretion of each individual justice. One such discretional choice is the choice to author a concurring opinion, which agrees with the outcome of a case but add to, subtract from, or emphasize a point within the legal doctrine provided by the majority opinion. Thus, choices about concurring opinions provide a valuable opportunity for examining judicial motivations. This dissertation examines justices' motives for both whether and when they circulate a concurrence to their colleagues, as well as whether they choose to publish it along with the Court's opinion. The hypotheses are derived from two types of motivations - individual and collective. Tests of these hypotheses were conducted using data from the 1970 through 1979 Court terms, collected primarily from the personal papers of Justices Harry Blackmun and William Brennan. I use a split population event history model to test hypotheses about whether and when a justice first circulates a concurring opinion. I then use a logistic regression model to test hypotheses about whether a justice chooses to withdraw a written concurrence; this analysis is, of course, dependent upon the justice already having written a concurring opinion. In both sets of analyses I find that Supreme Court justices are motivated not only by their individual preferences about legal policy, but also by individual non-policy preferences, such as workload, and collective preferences about the institutional status of the Court, such as maintaining the Court's legitimacy.
Author: Kathleen H. Winters Publisher: ISBN: Category : Languages : en Pages : 248
Book Description
Abstract: While some behavior on the United States Supreme Court is formally required, other choices are wholly up to the discretion of each individual justice. One such discretional choice is the choice to author a concurring opinion, which agrees with the outcome of a case but add to, subtract from, or emphasize a point within the legal doctrine provided by the majority opinion. Thus, choices about concurring opinions provide a valuable opportunity for examining judicial motivations. This dissertation examines justices' motives for both whether and when they circulate a concurrence to their colleagues, as well as whether they choose to publish it along with the Court's opinion. The hypotheses are derived from two types of motivations - individual and collective. Tests of these hypotheses were conducted using data from the 1970 through 1979 Court terms, collected primarily from the personal papers of Justices Harry Blackmun and William Brennan. I use a split population event history model to test hypotheses about whether and when a justice first circulates a concurring opinion. I then use a logistic regression model to test hypotheses about whether a justice chooses to withdraw a written concurrence; this analysis is, of course, dependent upon the justice already having written a concurring opinion. In both sets of analyses I find that Supreme Court justices are motivated not only by their individual preferences about legal policy, but also by individual non-policy preferences, such as workload, and collective preferences about the institutional status of the Court, such as maintaining the Court's legitimacy.
Author: Tyll Van Geel Publisher: Longman Publishing Group ISBN: Category : Law Languages : en Pages : 194
Book Description
In a supplemental textbook for an undergraduate course in constitutional law, Van Geel (political science, U.of Rochester) introduces the legal reasoning and the modes of persuasion and justification used by US Supreme Court justices and others engaged in constitutional adjudication. He expects it t
Author: Antonin Scalia Publisher: Simon and Schuster ISBN: 1596987006 Category : Biography & Autobiography Languages : en Pages : 321
Book Description
Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissentscontains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.
Author: David Clary Publisher: Rutgers University Press ISBN: 0813584566 Category : Business & Economics Languages : en Pages : 345
Book Description
Winner of the 2018 Current Events/Social Change Book Award from the Next Generation Indie Book Awards Winner of the 2018 Bronze Current Events Book Award from the Independent Publisher Book Awards Generations ago, gambling in America was an illicit activity, dominated by gangsters like Benny Binion and Bugsy Siegel. Today, forty-eight out of fifty states permit some form of legal gambling, and America’s governors sit at the head of the gaming table. But have states become addicted to the revenue gambling can bring? And does the potential of increased revenue lead them to place risky bets on new casinos, lotteries, and online games? In Gangsters to Governors, journalist David Clary investigates the pros and cons of the shift toward state-run gambling. Unearthing the sordid history of America’s gaming underground, he demonstrates the problems with prohibiting gambling while revealing how today’s governors, all competing for a piece of the action, promise their citizens payouts that are rarely delivered. Clary introduces us to a rogue’s gallery of colorful characters, from John “Old Smoke” Morrissey, the Irish-born gangster who built Saratoga into a gambling haven in the nineteenth century, to Sheldon Adelson, the billionaire casino magnate who has furiously lobbied against online betting. By exploring the controversial histories of legal and illegal gambling in America, he offers a fresh perspective on current controversies, including bans on sports and online betting. Entertaining and thought-provoking, Gangsters to Governors considers the past, present, and future of our gambling nation. Author's website (http://www.davidclaryauthor.com)
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: Roger Brooke Taney Publisher: Legare Street Press ISBN: 9781017251265 Category : History Languages : en Pages : 0
Book Description
The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
Author: Stephen M. Bainbridge Publisher: Cambridge University Press ISBN: 1316515478 Category : Business & Economics Languages : en Pages : 241
Book Description
The Profit Motive offers a legal and economic defense of shareholder capitalism against proponents of corporate social responsibility.
Author: Randy E. Barnett Publisher: Aspen Publishing ISBN: Category : Law Languages : en Pages : 473
Book Description
An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Author: Kathleen H. Winters
Author: Kathleen H. Winters
Author: Tyll Van Geel
Author: Antonin Scalia
Author: Pamela C. Corley
Author: Randy J. Kozel
Author: David Clary
Author: Melvin I. Urofsky
Author: Roger Brooke Taney
Author: Stephen M. Bainbridge
Author: Randy E. Barnett