The Campaign Against The Courts
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The Campaign Against The Courts
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Author : Tanya Josev
language : en
Publisher:
Release Date : 2017-07-14
The Campaign Against The Courts written by Tanya Josev and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-14 with Judicial discretion categories.
The term 'judicial activism' is seemingly ubiquitous in Australia and the United States today. Prominent public figures, from politicians to cardinals, commentators to business executives, have used this terminology to condemn superior courts and certain judicial outcomes. In Australia, High Court decisions on matters such as native title, property law and the interpretation of Australian history (for instance, Mabo); constitutional rights; the law of negligence; and migration law have been attacked in some quarters as being 'undemocratic' and 'activist', and as exemplifying the growing elitism of higher court judges. In the United States, decisions relating to reproductive rights; gun laws; school prayer; racial segregation and the interpretation of American history (for instance, Brown v Board of Education) have also been criticised on this basis. Yet as the judicial activism critique is increasingly adopted by the popular media, many lawyers and judges are hesitant to engage with the terminology, seeing it as nothing more than an empty pejorative.What is judicial activism? What are the origins of the terminology? Who has been accused of practising activism? This book provides a history of the term 'judicial activism', from its inception as a historian's catchphrase in the United States in the 1940s, to its nursery years in the universities, and finally, to its more recent manifestation in both Australia and the United States as part of election campaigns and the politics of anti-elitism. Covering diverse topics such as constitutional scholarship, the 'history wars' in Australia, and United States Presidential campaigns, The Campaign Against the Courts also charts the migration of the debate over judicial activism from the United States to Australia over the past 25 years.For those interested in law, politics and history, The Campaign Against the Courts provides a narrative account of one of the most controversial topics in law-making today.Praise for the book:"A forensic exploration of the strange territory that turned conservatives in America and then Australia against the courts. Here are the elements of every great story: sex, race and power." Award-winning author and journalist, David Marr"Tanya Josev deftly traces from its American origins in 1947 the history of an idea - judicial activism - but this is no orthodox legal history. Josev also presents a gripping account of the culture and history wars of the United States, along with their Australian echoes in the age of Mabo and Wik. This is a fascinating story of political opportunism, ideological obsession, judicial careerism and, amid the tumult and the shouting, a determined quest for laws in tune with the needs of a modern society." Acclaimed historian of Australian history, Frank Bongiorno, Professor of History, The Australian National University"In this fascinating foray in legal history, Tanya Josev traces the migration of the slippery concept of judicial activism from the post-New Deal United States to contemporary Australia ... Josev astutely explains how these differences in legal culture have evolved, while also identifying a remarkable connection in the legal history of both nations. Australian and American scholars alike will benefit from her deft analysis."Pulitzer prize-winning legal historian, Jack Rakove, Professor of History and Political Science, Stanford University
Electing Judges
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Author : James L. Gibson
language : en
Publisher: University of Chicago Press
Release Date : 2012-09-20
Electing Judges written by James L. Gibson 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 2012-09-20 with Law categories.
"In Electing Judges, James L. Gibson responds to the growing chorus of critics who fear that the politics of running for office undermine judicial independence. While many people have opinions on the topic, few have supported them with empirical evidence. Gibson rectifies this situation, offering the most systematic study to date of the impact of campaigns on public perceptions of fairness, impartiality, and the legitimacy of elected state courts-and his findings are both counterintuitive and controversial"--Page [four] of cover.
Right Wing Justice
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Author : Herman Schwartz
language : en
Publisher: Nation Books
Release Date : 2004-04-28
Right Wing Justice written by Herman Schwartz and has been published by Nation Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-04-28 with History categories.
Right Wing Justice raises the alarm about the creeping conservative campaign to "pack" America's courts with judges more identified with their ideological affiliation than their skill or regard for the Constitution. The consequence is that the rule of law is taking a terrific beating from the Supreme Court. Who can forget the debacle of Election 2000? But the consequences of the campaign go far deeper than that, impinging on the daily lives of ordinary Americans who are at the receiving end of attempts to overturn or erode Supreme Court rulings on abortion, school prayer, civil rights, criminal justice, and economic regulation. As the author shows, the problem does not end at the Supreme Court—it filters down to the lowers courts and circuits. Right Wing Justice gives an alarming account of how this has come to pass over the last two decades, how conservative activists hatched this strategy in the 1960s only to see it really come of age during the Reagan revolution and the successive Republican administrations. Combining a scholar's sense of history with the immediacy of eyewitness testimony, Right Wing Justice will come not only as a sobering reading to many concerned Americans—but also as a call to wake-up.
Attacking Judges
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Author : Melinda Gann Hall
language : en
Publisher: Stanford University Press
Release Date : 2014-10-29
Attacking Judges written by Melinda Gann Hall and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-29 with Law categories.
Nasty, below-the-belt campaigns, mudslinging, and character attacks. These tactics have become part and parcel of today's election politics in America, and judicial elections are no exception. Attacking Judges takes a close look at the effects of televised advertising, including harsh attacks, on state supreme court elections. Author Melinda Gann Hall investigates whether these divisive elections have damaging consequences for representative democracy. To do this, Hall focuses on two key aspects of those elections: the vote shares of justices seeking reelection and the propensity of state electorates to vote. In doing so, Attacking Judges explores vital dimensions of the conventional wisdom that campaign politics has deleterious consequences for judges, voters, and state judiciaries. Countering the prevailing wisdom with empirically based conclusions, Hall uncovers surprising and important insights, including new revelations on how attack ads influence public engagement with judicial elections and their relative effectiveness in various types of state elections. Attacking Judges is a testament to the power of institutions in American politics and the value of empirical political science research in helping to inform some of the most significant debates on the public agenda. This book's results smartly contest and eradicate many of the fears judicial reformers have about the damaging effects of campaign negativity in modern state supreme court elections.
Campaigns Congress And Courts
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Author : Robert Mutch
language : en
Publisher: Praeger
Release Date : 1988-04-27
Campaigns Congress And Courts written by Robert Mutch and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-04-27 with Political Science categories.
Campaigns, Congress, and Courts presents a political history of the passage, judicial interpretation, and administration of federal campaign finance law from 1907 to the present. The volume focuses on the post-Watergate years and analyzes the ideological and partisan conflicts which shape congressional and public debate over how, or whether, to regulate political money. The book opens with an account of the first law, then moves to the Watergate period while explaining the background of the 1970's reforms. Subsequent chapters examine the origin and passage of legislation through case studies, focusing on congressional debates and roll call votes; analyze the arguments of reformers and their opponents in court battles over these laws; demonstrate how the press and public opinion effect the legislative climate; assess the creation of the Federal Election Commission, its quasi-judicial role, and the political cross pressures to which it is subject; and explain the rise of labor and business PACs.
On Fantasy Island
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Author : C. A. Gearty
language : en
Publisher: Oxford University Press
Release Date : 2016
On Fantasy Island written by C. A. Gearty and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
The repeal of the Human Rights Act is one of the major political questions of our day. In an engaging insight into the fantasies and myths driving the case for repeal, Conor Gearty defends the importance of the HRA and debunks the arguments that would see a UK Bill of Rights. An essential book for all readers who want to be informed on the debate.
Courts
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Author : Cassia Spohn
language : en
Publisher: SAGE
Release Date : 2011-11-09
Courts written by Cassia Spohn and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-09 with Law categories.
Authored text sections and carefully selected accompanying readings that illustrate the questions and controversies legal scholars and court researchers are investigating in the 21st century. Edited readings introduce students to classic studies of the criminal court system and to cutting edge research on decision making by court actors. An introduction to each reading gives students an overview of the purpose, main points, and conclusion of each article and evaluates their policy implications. How to Read a Research Article- tied to the first reading in the book-guides students in understanding and learning from the research articles. Mini-chapters precede the selection of readings and offer clear and concise explanations of key terms and concepts in each section, coupled with boxes with special interest topics and review materials that enhance student comprehension.
Supreme Inequality
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Author : Adam Cohen
language : en
Publisher: Penguin
Release Date : 2020-02-25
Supreme Inequality written by Adam Cohen and has been published by Penguin this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-25 with Political Science categories.
“Meticulously researched and engagingly written . . . a comprehensive indictment of the court’s rulings in areas ranging from campaign finance and voting rights to poverty law and criminal justice.” —Financial Times A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
The Campaign Against Sexual Harassment At The Workplace
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Author : Priya Narula
language : en
Publisher:
Release Date : 2002
The Campaign Against Sexual Harassment At The Workplace written by Priya Narula and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Sex role in the work environment categories.
The Courts The Ballot Box And Gay Rights
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Author : Joseph Mello
language : en
Publisher: University Press of Kansas
Release Date : 2016-08-12
The Courts The Ballot Box And Gay Rights written by Joseph Mello and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-12 with Political Science categories.
If the same-sex marriage debate tells us one thing, it’s that rights do not exist in a vacuum. What works for one side at the ballot box often fails in the courtroom. Conservative opponents of same-sex marriage used appeals to religious liberty and parental rights to win ballot measure campaigns, but could not duplicate this success in court. Looking at the same-sex marriage debate at the ballot box and in the courts, this timely book offers unique insights into one of the most fluid social and legal issues of our day—and into the role of institutional context in how rights are used. Why, Joseph Mello asks, did conservative opponents of same-sex marriage enjoy such an advantage when debating this issue in the popular arena of a ballot measure campaign? And why were they less successful at mobilizing the language of rights in the courts? His analysis shows us that rights don't just entitle us to resources; they also shape the way we see ourselves and are perceived by others. Thus, by using the language of rights to frame their cause, conservative opponents of same-sex marriage were able to construe themselves as victims of oppression, their religious and moral beliefs under threat. The same language, however, proved less useful, or even counterproductive, in courtrooms, Mello concludes, because the court's norms and constraints force arguments to undergo more searching scrutiny—and rights-based arguments against same-sex marriage contain discriminatory stereotypes that cannot be supported with evidence. In its analysis of the same-sex marriage issue, The Courts, the Ballot Box, and Gay Rights provides insights that illuminate some of the most salient rights-based issues of our time—including affirmative action, abortion, immigration, and drug policy. The book offers a new way of understanding how such issues are decided, and how important context can be in determining the outcome.