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Checking The Courts - Law, Ideology, And Contingent Discretion

by Kirk A. Randazzo e Richard W. (University Of Kentucky) Waterman

34,49€ + 10% CARD

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 Examines and measures the extent to which statutory language affects judicial behavior.
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State Constitutions For The Twenty-First Century - The Agenda Of State Constitutional Reform

36,50€ + 10% CARD

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 Nationally recognized experts analyze how states deal with major constitutional issues.
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State Constitutions For The Twenty-First Century - Drafting State Constitutions, Revisions, And Amendments

by Frank P. Grad e Robert F. Williams

31,53€ + 10% CARD

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 Identifies problems reformers face in drafting or amending state constitutions.
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State Constitutions For The Twenty-First Century - The Politics Of State Constitutional Reform

34,48€ + 10% CARD

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 Presents a systematic analysis of the obstacles to state constitutional reform.
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State Constitutions For The Twenty-First Century - The Politics Of State Constitutional Reform

98,02€ + 10% CARD

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 An analysis of the obstacles to state constitutional reform.
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The Judiciary And American Democracy - Alexander Bickel, The Countermajoritarian Difficulty, And Contemporary Constitutional Theory

34,49€ + 10% CARD

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 Examines debates in constitutional theory in light of the work of Alexander Bickel.
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Deciding To Leave - The Politics Of Retirement From The United States Supreme Court

by Artemus Ward

36,50€ + 10% CARD

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 The first sustained examination of the process by which justices elect to leave the United States Supreme Court.
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Deciding To Leave - The Politics Of Retirement From The United States Supreme Court

by Artemus Ward

98,02€ + 10% CARD

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 The first sustained examination of the process by which justices elect to leave the United States Supreme Court.
ENGLISH

Free Speech And Incitement In The Twenty-First Century

~~50,28€~~ 45,25€ 10% OFF

 Explores the line between free speech protected by the First Amendment and unprotected incitement to imminent lawless action.Free Speech and Incitement in the Twenty-First Century explores the line between free speech and incitement, which is a form of expression not protected by the First Amendment. Incitement occurs when a person intentionally provokes their audience to engage in illegal or violent action that is likely to, or will, occur imminently. This doctrine evolved from World War I through the Cold War and the civil rights movement era, culminating in a test announced by the US Supreme Court in Brandenburg v. Ohio (1969). Since the 1970s, this doctrine has remained largely unchanged by the Supreme Court and, as such, has received relatively little academic or media attention. Since the late 2010s, however, violence at political rallies, armed protests around Confederate statues, social unrest associated with demonstrations against police, and an attack on the US Capitol have led to new incitement cases in the lower courts and an opportunity to examine how incitement is defined and applied. Authors from different perspectives in Free Speech and Incitement in the Twenty-First Century help the reader understand the difference between free speech and incitement.
ENGLISH

Power, Constraint, And Policy Change - Courts And Education Finance Reform

by Christine H. Roch, Robert M. Howard, Shane A. Gleason e Susanne Schorpp

47,63€ + 10% CARD

 Examines how state courts change public policy through an analysis of their influence on state education finance reform.Power, Constraint, and Policy Change analyzes state court influence on state education finance reform. Beginning in the early 1970s litigants began filing suits in state courts to change state education funding in order to prevent disparities in education resources between wealthy and poor communities. These cases represent a fundamental policy debate in American society, pitting the importance of education against the cost and method of funding it. Through education finance, the authors explore how and why courts often end up determining and resolving policy funding debates. Education funding has involved both the federal constitution and state constitutions, as well as legislation and court-mandated remedies, which, ultimately, determine who and how we pay for this critical American value.
ENGLISH

Constitutionalism, Executive Power, And The Spirit Of Moderation - Murray P. Dry And The Nexus Of Liberal Education And Politics

52,93€ + 10% CARD

 Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics.In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, "The Role of Courts in Constitutional Democracy," analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, "Law and Executive Authority," reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, "Liberal Education, Constitutionalism, and Philosophic Moderation," shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.
ENGLISH

Politics Of Presidential Impeachment

by Cole D. Taratoot, Daniel P. Franklin, Robert M. Sanders e Stanley M. Caress

48,96€ + 10% CARD

 Argues that impeachment may no longer be an effective check on overreach by American presidents.The Politics of Presidential Impeachment takes a distinctive and fresh look at the impeachment provision of the US Constitution. Instead of studying it from a legal-constitutional perspective, the authors use a social science approach incorporating extensive case studies and quantitative analysis. Focusing on four presidents who faced impeachment processes-Andrew Johnson, Richard Nixon, Ronald Reagan, and Bill Clinton-they examine the conditions under which presidential impeachment is likely to occur and argue that partisanship and the evolving relationship between Congress and the president determine its effectiveness as an institutional constraint. They find that, in our contemporary political context, the propensity of Congress to utilize the impeachment tool is more likely, but given the state of heightened partisanship, impeachment is less likely to result in removal of a president. The authors conclude that impeachment is no longer a credible threat and thus no longer an effective tool in the arsenal of checks and balances. The book also offers a postscript that discusses the impeachment of President Donald J. Trump.
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New York'S Broken Constitution - The Governance Crisis And The Path To Renewed Greatness

51,61€ + 10% CARD

 Examines the significant gaps between what New York State''s constitution says and how the state is actually governed and offers ideas for reform.On its face, New York State''s constitution is an elaborate and impressive aggregation of processes, powers, mandates, and limits. But many of these are "inoperative," and New Yorkers who read the document and believe what it says will come away with a massive misunderstanding of the realities of state government. The essays in New York''s Broken Constitution seek to clarify the realities by bringing attention to the gaps between what the constitution says and how the state is actually governed, and they provide a disquieting picture of the state of the state''s constitution. Among the topics addressed are state debt and budgeting practices, legislative redistricting, local government, gambling, conservation, and the process of amending the constitution. Written by knowledgeable professionals, the chapters explain the constitutional provisions in question, including the reasons for their constitutional status; how they have been used and interpreted; and the extent of the gaps between the constitutional provisions and practice. Various proposals for reform are also examined.
ENGLISH

Quotable Judge Posner - Selections From Twenty-Five Years Of Judicial Opinions

43,66€ + 10% CARD

 Collection of quotations and judicial opinions of federal appellate judge Richard A. PosnerA collection of pithy and penetrating observations and rulings by one of the most famous appellate judges in America, The Quotable Judge Posner showcases the wit and wisdom of Richard A. Posner. During his more than twenty-five years as a federal appellate judge, Judge Posner reached over 2,000 opinions, many of which are cited frequently in the opinions of Supreme Court Justices. This anthology presents the judge''s entertaining and insightful observations on fifty wide ranging topics, from Abortion to Telecommunications to Zoning and Planning. Law students who have encountered Judge Posner''s judicial opinions will benefit from this collection, as will general readers who will enjoy Posner''s trenchant comments on American society, constitutional norms, and legal culture.
ENGLISH

Concurring Opinion Writing On The U.S. Supreme Court

by Pamela C. Corley

47,63€ + 10% CARD

 Analysis of concurrent opinion writing by Supreme Court justices.When justices write or join a concurring opinion, they demonstrate their preferences over substantive legal rules. Concurrences provide a way for justices to express their views about the law, to engage in a dialogue of law with each other, the legal community, the public, and Congress. This important study is the first systematic examination of the content of Supreme Court concurrences. While previous work on Supreme Court decision making focuses solely on the outcome of cases, Pamela C. Corley tackles the content of Supreme Court concurring opinions to show the reasoning behind each justice''s decision. Using both qualitative and quantitative methods of analysis, Concurring Opinion Writing on the U.S. Supreme Court offers a rich and detailed portrait of judicial decision making by studying the process of opinion writing and the formation of legal doctrine through the unique lens of concurrences.Pamela C. Corley is Assistant Professor of Political Science at Vanderbilt University.
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Us Supreme Court And The Centralization Of Federal Authority

by Michael A. Dichio

48,96€ + 10% CARD

 Traces the US Supreme Court''s effect on federal government growth from the founding era forward.This book explores the US Supreme Court''s impact on the constitutional development of the federal government from the founding era forward. The author''s research is based on an original database of several hundred landmark decisions compiled from constitutional law casebooks and treatises published between 1822 and 2010. By rigorously and systematically interpreting these decisions, he determines the extent to which the court advanced and consolidated national governing authority. The result is a portrait of how the high court, regardless of constitutional issue and ideology, persistently expanded the reach and scope of the federal government.
ENGLISH

Defenders Of Liberty Or Champions Of Security? - Federal Courts, The Hierarchy Of Justice, And U.S. Foreign Policy

by Kirk A. Randazzo

44,98€ + 10% CARD

 Examines the critical role assumed by the U. S. judiciary in balancing concerns about national security with the protection of liberty after the terrorist attacks of September 11, 2001.The terrorist attacks of September 11, 2001, and the subsequent responses by the U.S. federal government have raised fundamental questions about civil liberties in both domestic and international laws. As a result, the U.S. judiciary, out of its responsibility for interpreting the Constitution, has assumed a crucial role in defining boundaries of domestic and foreign policy, and in balancing concerns about security with the protection of liberty. Utilizing a sophisticated blend of quantitative and qualitative analysis, Kirk A. Randazzo examines two main questions: To what extent do federal judges defend liberty or champion security when adjudicating disputes? And to what extent does the hierarchal structure of the federal judiciary influence decisions by lower court judges? There are, he argues, disturbing indications that the federal judiciary as a whole are not defenders of liberty. Furthermore, lower court judges strategically anticipate the decisions of higher courts and constrain their behavior to avoid reversal.
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John Marshall'S Constitutionalism

by Clyde H. Ray

47,63€ + 10% CARD

 A study of John Marshall''s political thought with special emphasis on his views of constitutional legitimacy, sovereignty, citizenship, and national identity.John Marshall''s Constitutionalism is an exploration of Supreme Court Chief Justice John Marshall''s political thought. Often celebrated and occasionally derided as a force in the creation of American jurisprudence and the elevation of the American Supreme Court, Marshall is too seldom studied as a political thinker. Clyde H. Ray explores this neglected dimension of Marshall''s thought by examining his constitutional theory in the context of several of his most important Supreme Court opinions, arguing that Marshall''s political theory emphasized the federal Constitution''s fundamental legitimacy; its sovereignty over national and state government policy; its importance in defining responsible citizenship; and its role in establishing a Constitution-based form of American nationalism. This cross-disciplinary argument illustrates Marshall''s devotion to the Constitution as a new source of national identity during the early national period. Furthermore, Ray argues that Marshall''s constitutionalism makes important contributions not only to our understanding of American constitutionalism during his time, but also conveys important lessons for readers seeking a better understanding of the Constitution''s role in the United States today.
ENGLISH

Universal Rights And The Constitution

by Stephen A. Simon

47,63€ + 10% CARD

 Innovative examination of the tensions between universal and more uniquely American definitions of cherished rights.Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights.Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework designed to provide clearer foundations for rights interpretations while preserving a meaningful but limited role for universal arguments. He reveals the vital connections among contemporary debates over such matters as the right to privacy, the constitutionality of the death penalty, and the role of foreign law in constitutional interpretation.
ENGLISH

Ethics And Accountability On The Us Supreme Court - An Analysis Of Recusal Practices

by Robert J. Hume

48,96€ + 10% CARD

 Examines the causes and consequences of recusal behavior on the US Supreme Court.Do US Supreme Court justices withdraw from cases when they are supposed to? What happens when the Court is down a member? In Ethics and Accountability on the US Supreme Court, Robert J. Hume provides the first comprehensive examination of the causes and consequences of recusal behavior on the Supreme Court. Using original data, and with rich attention to historical detail including media commentary about recusals, he systematically analyzes the factors that influence Supreme Court recusal, a process which has so far been shrouded in secrecy. It is revealed that justices do not strictly follow the recusal guidelines set by Congress, but at the same time they do not ignore these rules. Overall, justices are selective in their compliance with the recusal statute, balancing ethical considerations against other institutional and policy goals, such as the duty to sit. However, the book also concludes that the impact of recusals on policymaking is more limited than commentators have claimed, raising questions about whether ethics reform is really needed at this time.
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Presidential Leadership Dilemma - Between The Constitution And A Political Party

48,96€ + 10% CARD

 Examines how the president balances the competing demands of leading his political party and leading the nation.Throughout their time in office, American presidents are often forced to choose between leading the nation and leading their party. In an earlier time when the major parties were less polarized, this leadership dilemma, while challenging, was not nearly as vexing as it is today. American presidents now find themselves with little room to maneuver, compelled to serve the Constitution on the one hand and yet caught within bitter partisan disputes and large numbers of unaffiliated voters on the other. The contributors to this volume investigate how recent presidents have navigated these increasingly rocky political waters. Focusing on campaign strategy, presidential rhetoric, relations with Congress, domestic and foreign policy, The Presidential Leadership Dilemma presents a wide-ranging, detailed, and fascinating study of how contemporary presidents face the challenge at the heart of every presidency.
ENGLISH

Justice For The Past

by Stephen Kershnar

34,52€ + 10% CARD

 Examines whether race-based programs and slavery reparations are justified.Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to those persons who, through their abilities, will benefit most from them. Second, he argues that, in the case of slavery, past injustice-where both the victims and perpetrators are long dead-cannot ground current claims to compensation. As terrible as slavery was, those who claim a right to compensation today owe their existence to it, he reasons, and since the events that bring about a person's existence are normally thought to be beneficial, past injustices do not warrant compensation. Finally, even if past injustices were allowed to serve as the basis of compensation in the present, other variables prevent a reasonable estimation of the amount owed.
ENGLISH

State Constitutions For The Twenty-First Century - The Politics Of State Constitutional Reform

35,49€ + 10% CARD

 An analysis of the obstacles to state constitutional reform.
ENGLISH

Deciding To Leave - The Politics Of Retirement From The United States Supreme Court

by Artemus Ward

37,41€ + 10% CARD

 The first sustained examination of the process by which justices elect to leave the United States Supreme Court.
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