Dissent and the Supreme Court

Its Role in the Court's History and the Nation's Constitutional Dialogue

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Author: Melvin I. Urofsky

Publisher: Vintage

ISBN: 110187063X

Category: Law

Page: 544

View: 3496

From the admired judicial authority, author of Louis D. Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States. Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. In Dissent and the Supreme Court, he explores the great dissents throughout the Court’s 225-year history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court’s majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis’s dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice John Harlan in Plessy v. Ferguson (1896)—that segregation on the basis of race violated the Constitution—in Brown v. Board of Education (1954). Urofsky shows that the practice of dissent grew slowly but steadily and that in the nineteenth century dissents became more frequent. In the (in)famous case of Dred Scott v. Sanford (1857), Chief Justice Roger Taney’s opinion upheld slavery, declaring that blacks could never be citizens. The justice received intense condemnations from several of his colleagues, but it took a civil war and three constitutional amendments before the dissenting view prevailed and Dred Scott was overturned. Urofsky looks as well at the many aspects of American constitutional life that were affected by the Earl Warren Court—free speech, race, judicial appointment, and rights of the accused—and shows how few of these decisions were unanimous, and how the dissents in the earlier cases molded the results of later decisions; how with Roe v. Wade—the Dred Scott of the modern era—dissent fashioned subsequent decisions, and how, in the Court, a dialogue that began with the dissents in Roe has shaped every decision since. Urofsky writes of the rise of conservatism and discusses how the resulting appointments of more conservative jurists to the bench put the last of the Warren liberals—William Brennan and Thurgood Marshall—in increasingly beleaguered positions, and in the minority. He discusses the present age of incivility, in which reasoned dialogue seems less and less possible. Yet within the Marble Palace, the members of the Supreme Court continue to hear arguments, vote, and draft majority opinions, while the minority continues to “respectfully dissent.” The Framers understood that if a constitution doesn’t grow and adapt, it atrophies and dies, and if it does, so does the democratic society it has supported. Dissent—on the Court and off, Urofsky argues—has been a crucial ingredient in keeping the Constitution alive and must continue to be so. (With black-and-white illustrations throughout.) From the Hardcover edition.

The Judge

26 Machiavellian Lessons

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Author: Ronald K.L. Collins,David M. Skover

Publisher: Oxford University Press

ISBN: 0190490152

Category: Political Science

Page: 144

View: 9482

There is no book of political strategy more canonical than Niccol? Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically. Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committed to being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy. This debate about judges and politics has been a perennial in American history, but it intensified in the 1980s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale and circular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors. Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges on how to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. Their ultimate goal is identify both legal realists and originalists as what they are: explicitly political (though on opposite ends of the ideological spectrum). Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.

Law and Society

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Author: Matthew Lippman

Publisher: SAGE Publications

ISBN: 1506395422

Category: Law

Page: 624

View: 3398

“This is a well-rounded book that seems more interesting to students than other books I have used. It provides information on some cutting-edge themes in law and society while staying well grounded in the theories used by law and society practitioners.” —Lydia Brashear Tiede, Associate Professor, University of Houston Law and Society, Second Edition, offers a contemporary, concise overview of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law and their impact on society. Unlike other books on law and society, Matthew Lippman takes an interdisciplinary approach that highlights the relevance of the law throughout our society. Distinctive coverage of diversity, inequality, civil liberties, and globalism is intertwined through an organized theme in a strong narrative. The highly anticipated Second Edition of this practical and invigorating text introduces students to both the influence of law on society and the influence of society on the law. Discussions of the pressing issues facing today’s society include key topics such as the law and inequality, international human rights, privacy and surveillance, and law and social control. Log in at study.sagepub.com/lippmanls2e for additional teaching and learning tools.

Demokratische Gesetzgebung in der Europäischen Union

Theorie und Praxis der dualen Legitimationsstruktur europäischer Hoheitsgewalt

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Author: Jelena von Achenbach

Publisher: Springer-Verlag

ISBN: 364223917X

Category: Law

Page: 522

View: 8097

Das Mitentscheidungsverfahren (Art. 294 AEUV) ist seit dem Vertrag von Lissabon das ordentliche Gesetzgebungsverfahren der Europäischen Union. Mit der Monographie wird die Co-Gesetzgeberschaft von Europäischem Parlament und Rat als Mittel der demokratischen Legitimation europäischer Gesetzgebung untersucht. Im Zentrum steht dabei eine demokratietheoretische Auseinandersetzung mit dem Modell der dualen demokratischen Legitimation europäischer Hoheitsgewalt, das mit Art. 10 EUV nunmehr im Demokratieprinzip der Union verankert ist. Daneben steht eine empirisch gestützte Untersuchung der Praxis des Mitentscheidungsverfahrens, die sich insbesondere der zunehmenden Informalisierung des Gesetzgebungsprozesses („Triloge“) kritisch widmet.

Law, Politics and the Judicial Process in Canada

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Author: Frederick Lee Morton

Publisher: University of Calgary Press

ISBN: 1552380467

Category: Law

Page: 660

View: 5343

Since the first edition of this popular textbook appeared in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. The book introduces students to issues raised by the new political role of Canadian judges. The revised and updated third edition features new introductions and new readings that deal with current issues in the realm of Canadian law and politics.

The Judiciary

The Supreme Court in the Governmental Process

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Author: Henry Julian Abraham

Publisher: McGraw-Hill Humanities, Social Sciences & World Languages

ISBN: N.A

Category: Courts

Page: 253

View: 1879

A splendid book, unusually rich in data and insight. --William M. Beaney, University of Denver A quality book. I have been using it in my course for a number of years and will continue to do so. --Susan Lawrence, Rutgers University Well written. The book gets quickly to basic material the student must digest to talk about judicial politics. --Donald M. Freeman, University of West Florida Revised and updated to include the latest Supreme Court decisions, this classic text, now in its tenth edition, provides a concise overview of the judiciary in general and the Supreme Court in particular. The only book available that combines theory and practice of the judicial process with civil rights and liberties, The Judiciary acquaints students with the intricacies of our courts, the people who compose them, and their relationship to other branches of government, as well as to individuals and groups.

Meine geliebte Welt

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Author: Sonia Sotomayor

Publisher: C.H.Beck

ISBN: 3406659489

Category: Biography & Autobiography

Page: 349

View: 8029

Aufgewachsen in der Bronx, Puertoricanerin, die Kindheit prekär, der Vater Alkoholiker, die Mutter überfordert – Sonia Sotomayor war es nicht gerade in die Wiege gelegt, eines Tages Richterin am höchsten Gericht der Vereinigten Staaten von Amerika zu werden. Mit einem großen Herzen und viel Humor erzählt diese Ausnahmefrau von ihrem Weg, aber nicht um sich dabei auf die Schulter zu klopfen, sondern um anderen Menschen mit ihrer eigenen Geschichte Mut zu machen. Ein hinreißendes, ansteckendes Buch über das Trotzdem und über die – wirklich wichtigen – Dinge des Lebens. „’Nach der Lektüre werden mich die Leser nach menschlichen Kriterien beurteilen’, schreibt Sonia Sotomayor. Wir, die wir in diesem Fall die Jury sind, finden sie einfach unwiderstehlich.“ Washingtonian „Überwältigende und stark geschriebene Memoiren zum Thema Identität und Persönlichkeitsfindung ... Offenherzig, scharf beobachtet und vor allem tief empfunden.“ The New York Times „Eine Frau, die weiß, wo sie herkommt und die die Kraft hat, uns dorthin mitzunehmen.“ The New York Times Book Review

American Constitutional Development: The powers of government

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Author: Richard S. Randall

Publisher: Longman Publishing Group

ISBN: 9780801320194

Category: Law

Page: 656

View: 8575

This volume examines constitutional law in a unique, developmental framework that shows how key events through American history have shaped the Supreme Court's understanding of the Constitution. Places unique emphasis on the political, economic, social and developmental aspects of the Supreme Court's constitutional decisions. The book examines the great issues and events of government and politics in the early, middle, and modern constitutions, how they have shaped the Supreme Court's understanding of the Constitution, and how the distributive consequences of that understanding, in turn, affect American political life. For those who are interested in the American constitution.

My Own Words

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Author: Ruth Bader Ginsburg,Wendy W. Williams

Publisher: Simon and Schuster

ISBN: 150114524X

Category: Biography & Autobiography

Page: 400

View: 6527

"The first book from Ruth Bader Ginsburg since becoming a Supreme Court Justice in 1993--a ... collection of writings and speeches from the woman who has had [an] ... influence on law, women's rights, and popular culture"--

The Supreme Court and the Powers of the American Government

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Author: Joan Biskupic,Elder Witt

Publisher: Cq Press

ISBN: N.A

Category: Law

Page: 434

View: 9242

This guide to the workings of the Supreme Court's decisions examines the relationship between the Court and federal and state government.The book begins with a description of judicial powers, including federal jurisdiction and judicial restraint. It then discusses the Court's interactions with Congress, the president, and the states; and concludes by looking at the pressures that Congress and the president can bring to bear on the Court. Topics covered include: the constitutional basis for each branch's powers, the evolution of the Court's interactions with federal and state government, key issues, and major cases through the 1995-1996 term.The reference materials sections provide a glossary of legal terms, information about online and paper sources for Supreme Court decisions, an explanation of how to read a legal citation, biographical data on all justices, the text of the U.S. Constitution, and a selected bibliography. The book also includes a general subject index as well as a case index to all discussed decisions.

American Constitutional Law

Power and Politics

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Author: Gregg Ivers

Publisher: Cengage Learning

ISBN: N.A

Category: History

Page: 832

View: 6251

[This book] explores the political and social aspects of the litigation process and judicial decision making. [The author] goes beyond a simple description of legal rules to investigate the dynamic relationship between law and politics. [The book] emphasizes the real-world influence of Supreme Court's opinions on the operation of American political institutions.-Back cover.

The Supreme Court

an essential history

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Author: Peter Charles Hoffer,Williamjames Hoffer,N. E. H. Hull

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 491

View: 2593

A definitive history of the U.S. Supreme Court details the evolution of the legal institution from the early days of the American Republic to the present day, offering profiles of the justices, the Court's years under each Chief Justice, its influence on American life, and the issues, cases, and decisions they handled from the perspective of the time in which they came before the Court.

The Supreme Court of the United States

Hearings and Reports on Successful and Unsuccessful Nominations of Supreme Court Justices by the Senate Judiciary Committee, 1916-

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Author: United States. Congress. Senate. Committee on the Judiciary

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 7825

Symposium

international law and the Constitution : terms of engagement

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Author: Fordham University. School of Law

Publisher: N.A

ISBN: N.A

Category: Law

Page: 550

View: 7419

Common law

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Author: Oliver Wendell Holmes

Publisher: N.A

ISBN: 9783428121519

Category: Common law

Page: 423

View: 9314

Buyer's Guide

1999-2000

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Author: William White

Publisher: N.A

ISBN: N.A

Category: Library science

Page: N.A

View: 2430