Do Courts Matter
DOWNLOAD
Download Do Courts Matter PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Do Courts Matter book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
A Matter Of Interpretation
DOWNLOAD
Author : Elizabeth Mac Donald
language : en
Publisher: Fairlight Books
Release Date : 2019-09-05
A Matter Of Interpretation written by Elizabeth Mac Donald and has been published by Fairlight Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-05 with Fiction categories.
It’s thirteenth-century Europe and a young monk, Michael Scot, has been asked by the Holy Roman Emperor to translate the works of Aristotle and recover his ‘lost’ knowledge. The Scot sets to his task, travelling from the Emperor’s Italian court to the translation schools of Toledo and from there to the Moorish library of Córdoba. But when the Pope deems the translations heretical, the Scot refuses to desist. So begins a battle for power between Church and State – one that has shaped how we view the world today.
The Hollow Hope
DOWNLOAD
Author : Gerald N. Rosenberg
language : en
Publisher: University of Chicago Press
Release Date : 2008-09-15
The Hollow Hope written by Gerald N. Rosenberg and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-15 with Political Science categories.
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
A Matter Of Interpretation
DOWNLOAD
Author : Antonin Scalia
language : en
Publisher: Princeton University Press
Release Date : 2018-01-30
A Matter Of Interpretation written by Antonin Scalia and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-30 with Law categories.
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Leveraging The Law
DOWNLOAD
Author : David Andrew Schultz
language : en
Publisher: Peter Lang Incorporated, International Academic Publishers
Release Date : 1998
Leveraging The Law written by David Andrew Schultz and has been published by Peter Lang Incorporated, International Academic Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
Leveraging the Law is an important and timely collection of essays by noted political scientists and legal scholars who critically explore the relationship between the courts, political mobilization, and social change. Employing a wide variety of methodological perspectives and drawing upon numerous case studies, the authors demonstrate how and under what conditions the courts can be an important force for political change and social reform. While in some situations the judiciary is politically impotent or irrelevant, Leveraging the Law shows that courts do matter and that litigants can use the judiciary to secure numerous goals.
Do Courts Matter
DOWNLOAD
Author : Matthew H. Bosworth
language : en
Publisher:
Release Date : 1997
Do Courts Matter written by Matthew H. Bosworth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Education categories.
Asian Courts In Context
DOWNLOAD
Author : Jiunn-rong Yeh
language : en
Publisher: Cambridge University Press
Release Date : 2015
Asian Courts In Context written by Jiunn-rong Yeh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Dominion Law Reports
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 2005
Dominion Law Reports written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
The New Zealand Law Reports
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 1898
The New Zealand Law Reports written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1898 with Courts categories.
Vols. for 1933-1936 include "The Law journal supplement to the New Zealand law reports."
Privilege And Punishment
DOWNLOAD
Author : Matthew Clair
language : en
Publisher: Princeton University Press
Release Date : 2022-06-21
Privilege And Punishment written by Matthew Clair and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-21 with Social Science categories.
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Judging Inequality
DOWNLOAD
Author : James L. Gibson
language : en
Publisher: Russell Sage Foundation
Release Date : 2021-08-31
Judging Inequality written by James L. Gibson and has been published by Russell Sage Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with Political Science categories.
Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.