The New Judicial Federalism Before Its Time
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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.
A New Judicial Federalism Reprint
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Author : Louise Weinberg
language : en
Publisher:
Release Date : 1978
A New Judicial Federalism Reprint written by Louise Weinberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with categories.
Judicial Power
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Author : Christine Landfried
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-07
Judicial Power written by Christine Landfried 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 2019-02-07 with Law categories.
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Judicial Federalism In Australia
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Author : Gabrielle Appleby
language : en
Publisher:
Release Date : 2021-05-15
Judicial Federalism In Australia written by Gabrielle Appleby and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-15 with categories.
51 Imperfect Solutions
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Author : Judge Jeffrey S. Sutton
language : en
Publisher: Oxford University Press
Release Date : 2018-05-07
51 Imperfect Solutions written by Judge Jeffrey S. Sutton 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 2018-05-07 with categories.
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Supreme Conflict
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Author : Jan Crawford Greenburg
language : en
Publisher: Penguin
Release Date : 2007-01-23
Supreme Conflict written by Jan Crawford Greenburg and has been published by Penguin this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-23 with Political Science categories.
"A tour de force...A fresh and detailed account of how the court works and, relatedly, how presidents decide who gets there." -The Wall Street Journal "A fascinating look at dynamics within the court, showing how personalities and ideology can affect alliances and debates." -The New York Times The New York Times bestselling account of the most consequential shift in the use of American judicial power in almost one hundred years. Drawing on unprecedented access to the Supreme Court justices themselves and their inner circles, acclaimed ABC News legal correspondent Jan Crawford Greenburg offers an explosive newsbreaking account of one of the most momentous political watersheds in American history. From the series of Republican nominations that proved deeply frustrating to conservatives to the decades of bruising battles that led to the rise of Justices Roberts and Alito, this is the authoritative story of the conservative effort to shift the direction of the high court—a revelatory look at one of the central fronts of America's culture wars by one of the most widely respected experts on the subject.
The Nature Of The Judicial Process
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Author : Benjamin Nathan Cardozo
language : en
Publisher:
Release Date : 1921
The Nature Of The Judicial Process written by Benjamin Nathan Cardozo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1921 with Judges categories.
In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.
Constitutional Landmarks
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Author : Charles M. Lamb
language : en
Publisher: Springer Nature
Release Date : 2020-12-01
Constitutional Landmarks written by Charles M. Lamb and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-01 with Political Science categories.
This book examines leading Supreme Court decisions involving the powers of the Court, the president, and Congress, as well as cases addressing American federalism and Americans’ economic rights. By analyzing both the Court’s opinions and voting patterns from 1791 through 2018, this volume presents an overview of the role of the Supreme Court in the legal and political system of the United States throughout its entire history, regularly relying on Robert McCloskey’s theory of the nation’s three major constitutional eras and the Supreme Court Database in its organizational approach. Over 100 of the Supreme Court's most significant rulings, old and new, are covered and clarified in this volume to provide an objective, reliable, and valuable resource for students, academics, legal professionals, and the general public alike.
Courts In Federal Countries
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Author : Nicholas Theodore Aroney
language : en
Publisher: University of Toronto Press
Release Date : 2017-04-24
Courts In Federal Countries written by Nicholas Theodore Aroney 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 2017-04-24 with Law categories.
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
The Brethren
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Author : Bob Woodward
language : en
Publisher: Simon and Schuster
Release Date : 2011-05-31
The Brethren written by Bob Woodward and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-31 with Political Science categories.
The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.