When Courts And Congress Collide
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When Courts And Congress Collide
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Author : Charles Gardner Geyh
language : en
Publisher: University of Michigan Press
Release Date : 2009-12-22
When Courts And Congress Collide written by Charles Gardner Geyh and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-22 with Law categories.
"This is quite simply the best study of judicial independence that I have ever read; it is erudite, historically aware, and politically astute." ---Malcolm M. Feeley, Claire Sanders Clements Dean's Professor, Boalt Hall School of Law, University of California at Berkeley "Professor Geyh has written a wise and timely book that is informed by the author's broad and deep experience working with the judicial and legislative branches, by the insights of law, history and political science, and by an appreciation of theory and common sense." ---Stephen B. Burbank, David Berger Professor for the Administration of Justice, University of Pennsylvania Law School With Congress threatening to "go nuclear" over judicial appointments, and lawmakers accusing judges of being "arrogant, out of control, and unaccountable," many pundits see a dim future for the autonomy of America's courts. But do we really understand the balance between judicial independence and Congress's desire to limit judicial reach? Charles Geyh's When Courts and Congress Collide is the most sweeping study of this question to date, and an unprecedented analysis of the relationship between Congress and our federal courts. Efforts to check the power of the courts have come and gone throughout American history, from the Jeffersonian Congress's struggle to undo the work of the Federalists, to FDR's campaign to pack the Supreme Court, to the epic Senate battles over the Bork and Thomas nominations. If legislators were solely concerned with curbing the courts, Geyh suggests, they would use direct means, such as impeaching uncooperative judges, gerrymandering their jurisdictions, stripping the bench's oversight powers, or slashing judicial budgets. Yet, while Congress has long been willing to influence judicial decision-making indirectly by blocking the appointments of ideologically unacceptable nominees, it has, with only rare exceptions, resisted employing more direct methods of control. When Courts and Congress Collide is the first work to demonstrate that this balance is governed by a "dynamic equilibrium": a constant give-and-take between Congress's desire to control the judiciary and its respect for historical norms of judicial independence. It is this dynamic equilibrium, Geyh says, rather than what the Supreme Court or the Constitution says about the separation of powers, that defines the limits of the judiciary's independence. When Courts and Congress Collide is a groundbreaking work, requiring all of us to consider whether we are on the verge of radically disrupting our historic balance of governance. Charles Gardner Geyh is Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington. He has served as director of the American Judicature Society's Center for Judicial Independence, reporter to the American Bar Association Commission on Separation of Powers and Judicial Independence, and counsel to the Judiciary Committee of the U.S. House of Representatives.
The Immigration Battle In American Courts
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Author : Anna O. Law
language : en
Publisher: Cambridge University Press
Release Date : 2010-06-14
The Immigration Battle In American Courts written by Anna O. Law 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 2010-06-14 with Political Science categories.
This book assesses the role of the federal judiciary in immigration and the institutional evolution of the Supreme Court and the US Courts of Appeals. Neither court has played a static role across time. By the turn of the century, a division of labor had developed between the two courts whereby the Courts of Appeals retained their original function as error-correction courts, while the Supreme Court was reserved for the most important policy and political questions. Law explores the consequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Appeals because of advantageous institutional incentives that increase the likelihood of a favorable outcome. As this book proves, it is inaccurate to speak of an undifferentiated institution called 'the federal courts' or 'the courts', for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.
Who Is To Judge
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Author : Charles Gardner Geyh
language : en
Publisher: Oxford University Press
Release Date : 2019-02-14
Who Is To Judge written by Charles Gardner Geyh 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 2019-02-14 with Law categories.
An elected judiciary is virtually unique to the American experience and creates a paradox in a representative democracy. Elected judges take an oath to uphold the law impartially, which calls upon them to swear off the influence of the very constituencies they must cultivate in order to attain and retain judicial office. This paradox has given rise to perennially shrill and unproductive binary arguments over the merits and demerits of elected and appointed judiciaries, which this project seeks to transcend and reimagine. In Who Is to Judge?, judicial politics expert Charles Gardner Geyh exposes and explains the overstatements of both sides in the judicial selection debate. When those exaggerations are understood as such, it becomes possible to search for common ground and its limits. Ultimately, this search leads Geyh to conclude that, while appointive systems are a preferable default, no one system of selection is best for all jurisdictions at all times.
Model Code Of Judicial Conduct
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Author : American Bar Association
language : en
Publisher: American Bar Association
Release Date : 2007
Model Code Of Judicial Conduct written by American Bar Association and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Controlling Administrative Power
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Author : Peter Cane
language : en
Publisher: Cambridge University Press
Release Date : 2016-03-31
Controlling Administrative Power written by Peter Cane 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 2016-03-31 with Law categories.
An historical and comparative explanation of some puzzling differences between the administrative law of England, the USA and Australia.
The U S Justice System
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Author : Steven Harmon Wilson
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2011-12-06
The U S Justice System written by Steven Harmon Wilson and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-06 with Law categories.
A comprehensive, three-volume set that provides detailed background essays, short topical entries, and primary document excerpts to explain the organization, history, and functioning of the U.S. justice system. The U.S. Justice System: An Encyclopedia is a one-stop resource, uniquely structured to include both introductory information as well as more in-depth and detailed resources. It explains not only how the American civil and criminal justice system affects the parties to a particular case or other legal action, but also how the rights, benefits, and legal protections of our country impact virtually all people in America. The set comprises three volumes. The first volume provides chapter-length essays explaining the organization and functioning of federal, state, and local government, as well as the working of federal and state judiciaries, regulatory bodies, and penal systems. The second volume contains shorter, alphabetically arranged entries on hundreds of law-related topics, including case descriptions and biographies of major figures, federal and state court organizational charts, legal statistics, and other background information. The third volume contains original documents, statutes, and texts of important cases relevant to the functioning of the American justice system. Readers will understand the structures, concepts, and vocabulary of American law and legal institutions, and grasp how the U.S. legal system has evolved to meet the complex changing needs of the nation.
The Supreme Court
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Author : Lawrence Baum
language : en
Publisher: CQ Press
Release Date : 2021-02-04
The Supreme Court written by Lawrence Baum and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-04 with Political Science categories.
In The Supreme Court, Lawrence Baum provides a brief yet comprehensive introduction to the U.S. Supreme Court, one that is balanced and illuminating. In successive chapters, the book examines each major aspect of the Court: the selection, backgrounds, and departures of justices; the creation of the Court′s agenda; the decision-making process and the factors that shape the Court′s decisions; the substance of the Court′s policies; and the Court′s impact on government and American society. Describing the Court′s personalities and procedures, and delving deeply to explain the actions of the Court and the behavior of justices, Baum shows students the Court′s complexity and reach. Tables and figures, plus a lively photo program, make this one of the most engaging books available. It is simply the standard.
Judicial Politics In The United States
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Author : Mark C. Miller
language : en
Publisher: Routledge
Release Date : 2018-01-31
Judicial Politics In The United States written by Mark C. Miller and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-31 with Political Science categories.
Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
The U S Supreme Court A Very Short Introduction
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Author : Linda Greenhouse
language : en
Publisher: Oxford University Press
Release Date : 2023
The U S Supreme Court A Very Short Introduction written by Linda Greenhouse 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 2023 with Judicial process categories.
"The U.S. Supreme Court: A Very Short Introduction draws on the Court's history and its written and unwritten rules to show how it operates in the twenty-first century. Today's Supreme Court, housed in a majestic building on Capitol Hill, bears little resemblance to the institution launched by the Framers of the Constitution and was originally seen as the weakest of the three branches of government. Over the next 200 years, the Court put the independence the Framers gave it to use and now largely defines itself, exercising so much power over how Americans live that some have begun to question whether the Court has gone too far. How do cases reach the Supreme Court? What features have other courts around the world taken from the Supreme Court, and what have they left?"--
Law And Leviathan
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Author : Cass R. Sunstein
language : en
Publisher: Harvard University Press
Release Date : 2020-09-15
Law And Leviathan written by Cass R. Sunstein and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-15 with Law categories.
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.