Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Values in the Supreme Court PDF full book. Access full book title Values in the Supreme Court by Rachel Cahill-O'Callaghan. Download full books in PDF and EPUB format.
Author: Rachel Cahill-O'Callaghan Publisher: Bloomsbury Publishing ISBN: 1509921869 Category : Law Languages : en Pages : 337
Book Description
This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.
Author: Rachel Cahill-O'Callaghan Publisher: Bloomsbury Publishing ISBN: 1509921869 Category : Law Languages : en Pages : 337
Book Description
This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.
Author: Rachel J. Cahill-O'Callaghan Publisher: Hart Publishing ISBN: 9781509921881 Category : Judicial process Languages : en Pages :
Book Description
"This book draws on theories and techniques from psychology to understand the role of values in Supreme Court decision making. It centres on a novel method of content analysis of judgments to reveal the values that underpin decision making and discusses the potential implications this may have for developments in the law and the appointment of the judiciary. The book examines those cases which divide judicial opinion, Dworkin's hard cases "in which the result is not clearly dictated by statute or precedent". In hard cases there is real uncertainty about the legal rules that should be applied and factors beyond the traditional legal sources may influence the decision making. It is in these uncertain cases, where legal developments can rest on a single judicial decision, that values are revealed in the judgments"--Provided by publisher.
Author: Rachel Cahill-O'Callaghan Publisher: Bloomsbury Publishing ISBN: 1509921869 Category : Law Languages : en Pages : 337
Book Description
This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.
Author: Erwin Chemerinsky Publisher: Penguin Books ISBN: 0143128000 Category : History Languages : en Pages : 402
Book Description
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Author: Lawrence Baum Publisher: Princeton University Press ISBN: 0691175527 Category : Political Science Languages : en Pages : 283
Book Description
Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.
Author: Neal Devins Publisher: ISBN: Category : Law Languages : en Pages : 216
Book Description
In the more than twenty years since Roe v. Wade, the executive and legislative branches of government have pursued a staggering number of initiatives relating to abortion. In this groundbreaking study, legal scholar Neal Devins shows how the Supreme Court, elected government, and private citizens together help to shape what the Constitution means. Central to his study is the question of how the Court and elected government influence each other. In addition to the abortion debate, Devins examines conflicts over federalism, race, religion, and separation of powers. These constitutional disputes, Devins contends, can be as constructive as they are inevitable. Without an ongoing dynamic that allows each side to win some of the time, Devins concludes, the Constitution would be less enduring.
Author: Lawrence Baum Publisher: Princeton University Press ISBN: 0691204136 Category : Law Languages : en Pages : 283
Book Description
Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.
Author: C. Herman Pritchett Publisher: Quid Pro Books ISBN: 1610272374 Category : Law Languages : en Pages : 387
Book Description
THE ROOSEVELT COURT is a brilliant analysis of Supreme Court decisions during a crucial decade in the Supreme Court’s history, by a political scientist “interested in the social and psychological origins of judicial attitudes and the influence of individual predilections on the development of law.” A much-cited classic of the Court and judicial decision-making from the point of view of social science and not just doctrine, this work is at last available in a convenient and well-formatted digital edition. The presentation includes active Contents, linked notes, and all tables and graphics from the original edition. “One of the most informative, judicious, and illuminating of all the books on our judicial history.” — Henry Steele Commager “His analysis is continuously interesting to the general student of the Court.... Excellent analysis of the subject matter of Court opinions.... No one has done a better job of catching the true meaning of the Supreme Court’s role as an instrumentality of government, or of putting that meaning into striking yet comprehensible language.... No better brief summary of the constitutional law of [this] decade can be found anywhere. Finally, the book Is studded with wise insights into the nature of judicial review and the business of the Supreme Court.” — American Historical Review “Provocative, well-written, and adventurous.” — The New York Times “Written in an easy style, free of dogma, and interspersed with a sense of humor, it will solve for many the enigma of seven justices appointed by the same President and presumably endowed with a kindred social outlook attaining unprecedented heights of disagreement.” — Christian Science Monitor The 2014 digital representation of this important and still-cited work is an authorized and unabridged republication of all previous printed editions, instructing generations of court-watchers how such research is done and what it means to this important moment in constitutional history. Part of the Classics of Law & Society Series from Quid Pro Books.
Author: Rachel Cahill-O'Callaghan
Author: Rachel Cahill-O'Callaghan
Author: Rachel J. Cahill-O'Callaghan
Author: Erwin Chemerinsky
Author: Lawrence Baum
Author: David W. Rohde
Author: Stephen E. Gottlieb
Author: Neal Devins
Author: Lawrence Baum
Author: C. Herman Pritchett