Justice Kennedy S Jurisprudence
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Justice Kennedy S Jurisprudence
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Author : Frank J. Colucci
language : en
Publisher:
Release Date : 2009
Justice Kennedy S Jurisprudence written by Frank J. Colucci and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Biography & Autobiography categories.
Examines the judicial philosophy of Supreme Court Justice Anthony M. Kennedy, who has been the critical swing vote on the Court for the last 20 years.
Justice Anthony Kennedy
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Author : Congressional Service
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2018-07-21
Justice Anthony Kennedy written by Congressional Service and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-21 with categories.
On June 27, 2018, Justice Anthony M. Kennedy announced that, effective July 31, 2018, he would retire from active service as an Associate Justice on the Supreme Court of the United States. His decisive role on the Court, particularly since the Roberts Court era began in 2005, cannot be overstated. The Roberts Court era has witnessed the Court issue a number of landmark rulings, many of which have involved matters where the sitting Justices were closely divided. Justice Kennedy typically voted with the majority of the Court in such cases. Since the October 2005 term that marked the beginning of the Roberts Court, Justice Kennedy voted for the winning side in a case more often than any of his colleagues in 9 out of 12 terms. Unlike several other Justices on the Court, Justice Kennedy did not necessarily subscribe to a particular judicial philosophy, such as originalism or textualism. Instead, Justice Kennedy's judicial approach seemed informed by a host of related principles. First, Justice Kennedy's views on the law were often grounded in concerns for personal liberty, particularly freedom from government interference with thought, belief, expression, and certain intimate conduct. His emphasis on liberty manifested itself in a range of opinions he wrote or joined during his tenure on the Court, including on issues related to free speech, religious freedom, and government policies concerning same-sex relationships. Second, the structural protections of the Constitution-i.e., restraints imposed on the federal government and its respective branches by the doctrines of federalism and separation of powers-also animated Justice Kennedy's jurisprudence. For Justice Kennedy, separation of powers was a "defense against tyranny," and he authored or joined a number of Court opinions that invalidated on separation-of-powers grounds intrusions on the executive, legislative, or judicial functions. Likewise, during the Rehnquist Court and Roberts Court eras, Justice Kennedy joined several majority opinions that recognized federalism-based limitations on the enumerated power of the federal government, established external limitations on Congress's legislative powers over the states, and reaffirmed protections for state sovereignty. Third, Justice Kennedy's jurisprudence was undergirded by his view that the Court often has a robust role to play in resolving issues of national importance. With Justice Kennedy casting critical votes, over the last 30 years the Court has reasserted its role in a number of areas of law in which it was previously deferential to the judgment of the political branches. Given Justice Kennedy's outsized role on the Roberts Court, whoever succeeds him could have an important influence on any number of areas of law. In particular, Justice Kennedy's votes were critical to the outcome of numerous Court decisions on matters relating to abortion, business law, civil rights, the death penalty, the regulation of elections, eminent domain, the environment, federalism, the First Amendment, gun rights, immigration, national security, oversight of the administrative state, and separation of powers. Accordingly, Justice Kennedy's jurisprudence in these areas-particularly in cases where he was the deciding vote-may be especially relevant to the Senate as it determines whether to approve the President's nominee to replace the soon-to-be-retired Justice. On July 9, 2018, President Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to- fill the impending vacancy on the Supreme Court caused by Justice Kennedy's scheduled retirement. CRS reports analyzing Judge Kavanaugh's jurisprudence on particular areas of the law, as well as a tabular listing of lower-court decisions in which he authored opinions, are in preparation.
The Constitutional Principles Of Justice Kennedy
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Author : Anthony Danilo Bartl
language : en
Publisher: LFB Scholarly Publishing
Release Date : 2014
The Constitutional Principles Of Justice Kennedy written by Anthony Danilo Bartl and has been published by LFB Scholarly Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Justice Anthony Kennedy is the nation's most influential jurist, but his constitutional opinions often elicit the criticism that he is led more by personal whimsy than by constitutional principle. A few recent defenders have described Kennedy's jurisprudence as uniquely devoted to the principle of liberty-and even to libertarianism. Bartl argues that these defenders have been, in large part, correct but that they have missed half the story. While Kennedy indeed champions liberty where the Constitution demands it, he is no less the champion of equality where the Constitution focuses on that coequal and coordinate principle.
The Rhetoric Of Judging Well
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Author : David A. Frank
language : en
Publisher: Penn State Press
Release Date : 2023-03-12
The Rhetoric Of Judging Well written by David A. Frank and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-12 with Language Arts & Disciplines categories.
Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice’s rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots—especially on race, women’s rights, and immigration—but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy’s jurisprudence, this book provides new insight into Kennedy’s legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O’Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.
The Tie Goes To Freedom
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Author : Helen J. Knowles
language : en
Publisher: Rowman & Littlefield
Release Date : 2018-10-19
The Tie Goes To Freedom written by Helen J. Knowles and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-19 with Law categories.
At the end of Kennedy’s tenure as the most important swing justice in recent Supreme Court history, Helen Knowles provides an updated edition of her highly regarded book on Justice Kennedy and his constitutional vision.
The Rhetoric Of Judging Well
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Author : David A. Frank
language : en
Publisher: Penn State University Press
Release Date : 2023
The Rhetoric Of Judging Well written by David A. Frank and has been published by Penn State University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Judges categories.
Known as the "swing justice," Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy's legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy's opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice's rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots--especially on race, women's rights, and immigration--but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy's jurisprudence, this book provides new insight into Kennedy's legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O'Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.
The Common Law Jurisprudence Of The Conflict Of Laws
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Author : Sarah McKibbin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-05-04
The Common Law Jurisprudence Of The Conflict Of Laws written by Sarah McKibbin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-04 with Law categories.
This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa.
Precedent In The United States Supreme Court
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Author : Christopher J. Peters
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-02-11
Precedent In The United States Supreme Court written by Christopher J. Peters and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-11 with Law categories.
This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.
Natural Law Jurisprudence In U S Supreme Court Cases Since Roe V Wade
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Author : Charles P. Nemeth
language : en
Publisher: Anthem Press
Release Date : 2020-02-20
Natural Law Jurisprudence In U S Supreme Court Cases Since Roe V Wade written by Charles P. Nemeth and has been published by Anthem Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-20 with Law categories.
Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in Natural Law Jurisprudence in U.S. Supreme Court Cases since “Roe v. Wade” and, by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
Eve Was Framed
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Author : Helena Kennedy
language : en
Publisher: Random House
Release Date : 2011-03-31
Eve Was Framed written by Helena Kennedy and has been published by Random House this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-31 with Social Science categories.
Eve Was Framed offers an impassioned, personal critique of the British legal system. Helena Kennedy focuses on the treatment of women in our courts - at the prejudices of judges, the misconceptions of jurors, the labyrinths of court procedures and the influence of the media. But the inequities she uncovers could apply equally to any disadvantaged group - to those whose cases are subtly affected by race, class poverty or politics, or who are burdened, even before they appear in court, by misleading stereotypes.