The Decline Of Due Process
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The Decline Of Due Process
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Author : Rebecca Coen
language : en
Publisher:
Release Date : 2004
The Decline Of Due Process written by Rebecca Coen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Trials categories.
The New Judicial Federalism Before Its Time
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Author : Anthony B. Sanders
language : en
Publisher:
Release Date : 2007
The New Judicial Federalism Before Its Time written by Anthony B. Sanders and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
The coming of the New Deal may have spelled the end of the Lochner era in the federal courts, but in the state courts Lochner's doctrine of economic substantive due process lives on. Since the New Deal, courts in almost every state have rebuffed the United States Supreme Court and have interpreted their own state constitutions' due process clauses to provide substantive protections to economic liberties. This Article presents a comprehensive survey of state court use of economic substantive due process since the New Deal. It includes an enumeration of every instance since 1940 of a state court of highest review protecting economic liberties through state constitutional economic substantive due process. Previous work on the subject has examined this post-New Deal rejection of the United States Supreme Court's jurisprudence, but this is the first study to comprehensively analyze the trends of that rejection. This comprehensive analysis reveals an intriguing, and potentially controversial, discovery. The discovery is that although state courts still to some degree apply state constitutional economic substantive due process in protecting economic liberties, the rate of that application declined dramatically in the 1970s and 1980s. The decline is surprising considering that through the 1940s, 1950s, and even 1960s, a full thirty years after the New Deal, state courts did not shy from invoking the long-past ghost of Lochner. This Article argues that the reason for this relatively sudden decline is that many state judges were comfortable applying economic substantive due process until the coming of Roe v. Wade and its related right to privacy cases. Because the right to privacy cases utilized substantive due process, but of the non-economic variety, a continued use of economic substantive due process provided legitimacy to their holdings. Faced with either legitimizing opinions legalizing abortion and other privacy rights, or rejecting substantive due process altogether, conservative state jurists chose the latter. These conservatives joined with progressive jurists who were already hostile toward the protection of economic liberties. Thus, with these strange bedfellows aligned, the use of economic substantive due process under state constitutional law quickly withered into the rare, but not quite extinct, doctrine that it is today.
The Decline Of Natural Law
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Author : Stuart Banner
language : en
Publisher: Oxford University Press
Release Date : 2021
The Decline Of Natural Law written by Stuart Banner 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 2021 with Common law categories.
The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.
Due Process Of Lawmaking
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Author : Susan Rose-Ackerman
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-22
Due Process Of Lawmaking written by Susan Rose-Ackerman 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 2015-01-22 with Law categories.
This comparative study of the law of lawmaking demonstrates the interplay between constitutional principles and political imperatives in four modern polities.
Trials Of The State
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Author : Jonathan Sumption
language : en
Publisher: Profile Books
Release Date : 2019-08-29
Trials Of The State written by Jonathan Sumption and has been published by Profile Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-29 with Law categories.
A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.
Due Process And Victims Rights
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Author : Kent Roach
language : en
Publisher: University of Toronto Press
Release Date : 1999-01-01
Due Process And Victims Rights written by Kent Roach and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with Philosophy categories.
A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.
Due Process
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Author : James Roland Pennock
language : en
Publisher: NYU Press
Release Date : 1977-06
Due Process written by James Roland Pennock and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977-06 with Political Science categories.
Human Nature in Politics brings the competences and perspectives of law, philosophy and political science to bear on an imporant subject seldom treated at book length. The subject of human nature in politics is as old as systematic thought about politics. Out of favor for a period in modern times, it is now once more the subject of attention by political theorists who often borrow heavily from the disciplines of biology and psychology. The plurality of their approaches and insights is reflecteed in Part I of the book: Perspectives on Human Nature. Although appeals to human nature have historically been made by both radicals and conservatives, it is the latter who have more typically sought support from this source. However, modern radicals are beginning to re-explore the subject, as is evidenced in the second section on "Human Nature and Radical Political Thought." In the concluding section of the book, four authors analyze the question of "Rationality and Human Nature" and, with a broader interpretation of rationality, find bases in human nature for some confidence that politics need not be an irrational enterprise. The bibliography at the end of the volume is of particular value for all students of political theory. Thirteen outstanding authors contribute to this volume, which must be of interest to legal philosophers and students of jurisprudence in all English-speaking countries.
Liberty Against Government
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Author : Edward Samuel Corwin
language : en
Publisher: Praeger
Release Date : 1978
Liberty Against Government written by Edward Samuel Corwin and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Law categories.
Privacy Due Process And The Computational Turn
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Author : Mireille Hildebrandt
language : en
Publisher: Routledge
Release Date : 2013-06-03
Privacy Due Process And The Computational Turn written by Mireille Hildebrandt and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-03 with Computers categories.
Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us.
The Decline Of Natural Law
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Author : Stuart Banner
language : en
Publisher: Oxford University Press
Release Date : 2021-04-01
The Decline Of Natural Law written by Stuart Banner 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 2021-04-01 with Law categories.
An account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation. Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead. In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. And finally, he describes both the profession's rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law. The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.