Overruled?

Legislative Overrides, Pluralism, and Contemporary Court-Congress Relations

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Author: Jeb Barnes

Publisher: Stanford University Press

ISBN: 9780804767200

Category: Law

Page: 232

View: 2316

Since the mid-1970s, Congress has passed hundreds of overrides—laws that explicitly seek to reverse or modify judicial interpretations of statutes. Whether front-page news or not, overrides serve potentially vital functions in American policy-making. Federal statutes—and court cases interpreting them—often require revision. Some are ambiguous, some conflict, and others are obsolete. Under these circumstances, overrides promise Congress a means to repair flawed statutes, reconcile discordant court decisions, and reverse errant judicial interpretations. Overrides also allow dissatisfied litigants to revisit issues and raise concerns in Congress that courts have overlooked. Of course, promising is one thing and delivering is quite another. Accordingly, this book asks: Do overrides, in fact, effectively clarify the law, reverse objectionable judicial statutory interpretations, and broaden deliberation on contested issues? The answers provide new insights into the complex role of overrides in U.S. policy-making and in the politics of contemporary court-Congress relations.

Truth Overruled

The Future of Marriage and Religious Freedom

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Author: Ryan T. Anderson

Publisher: Simon and Schuster

ISBN: 1621574598

Category: Social Science

Page: 256

View: 9217

"Every leader in America needs to read this book! It's by far the best summary of what's at stake." —Rick Warren The Supreme Court has issued a decision, but that doesn't end the debate. Now that the Supreme Court has ruled, Americans face momentous debates about the nature of marriage and religious liberty. Because the Court has redefined marriage in all 50 states, we have to energetically protect our freedom to live according to conscience and faith as we work to rebuild a strong marriage culture. In the first book to respond to the Supreme Court's decision on same-sex marriage, Ryan Anderson draws on the best philosophy and social science to explain what marriage is, why it matters for public policy, and the consequences of its legal redefinition. Attacks on religious liberty--predicated on the bogus equation of opposition to same-sex marriage with racism--have already begun, and modest efforts in Indiana and other states to protect believers' rights have met with hysterics from media and corporate elites. Anderson tells the stories of innocent citizens who have been coerced and penalized by the government and offers a strategy to protect the natural right of religious liberty. Anderson reports on the latest research on same-sex parenting, filling it out with the testimony of children raised by gays and lesbians. He closes with a comprehensive roadmap on how to rebuild a culture of marriage, with work to be done by everyone. The nation's leading defender of marriage in the media and on university campuses, Ryan Anderson has produced the must-read manual on where to go from here. There are reasonable and compelling arguments for the truth about marriage, but too many of our neighbors haven't heard them. Truth is never on "the wrong side of history," but we have to make the case. We will decide which side of history we are on.

Good Intentions Overruled

A Critique of Empowerment in the Routine Organization of Mental Health Services

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Author: Elizabeth Townsend

Publisher: University of Toronto Press

ISBN: 9780802078025

Category: Medical

Page: 217

View: 1864

Townsend illustrates how attempts by occupational therapists to enable empowerment in everyday practice are thwarted by the institutional processes of admission, accountability, decision making, budgeting, risk management, and discharge.

Britannia Overruled

British Policy and World Power in the Twentieth Century

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Author: David Reynolds

Publisher: Routledge

ISBN: 1317877373

Category: History

Page: 392

View: 5477

This book brings together the often separated histories of diplomacy, defence, economics and empire in a provocative reinterpretation of British 'decline'. It also offers a broader reflection on the nature of international power and the mechanisms of policymaking. For this Second Edition, David Reynolds has added a new chapters and extends his lively and incisive analysis to the beginning of the new millennium.

Overruled: The Long War for Control of the U.S. Supreme Court

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Author: Damon Root

Publisher: St. Martin's Press

ISBN: 1137474688

Category: Political Science

Page: 288

View: 9797

Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today's blockbuster legal battles over gay rights, gun control, and health care reform. It's a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. Today's growing camp of libertarians, however, has no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.

Overruled

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Author: Emma Chase

Publisher: Simon and Schuster

ISBN: 1501102060

Category: Fiction

Page: 288

View: 4376

Emma Chase, New York Times bestselling author of the Tangled series, returns with the first installment of the Legal Briefs series! A Washington, DC, defense attorney, Stanton Shaw keeps his head cool, his questions sharp, and his arguments irrefutable. They don’t call him the Jury Charmer for nothing—with his southern drawl, disarming smile, and captivating green eyes, he’s a hard man to say no to. Men want to be him, and women want to be thoroughly cross examined by him. Stanton’s a man with a plan. And for a while, life was going according to that plan. Until the day he receives an invitation to the wedding of his high school sweetheart, the mother of his beloved ten-year-old daughter. Jenny is getting married—to someone who isn’t him. That's definitely not part of the plan. *** Sofia Santos is a city-raised, no-nonsense litigator who plans to become the most revered criminal defense attorney in the country. She doesn’t have time for relationships or distractions. But when Stanton, her "friend with mind-blowing benefits," begs her for help, she finds herself out of her element, out of her depth, and obviously out of her mind. Because she agrees to go with him to The-Middle-Of-Nowhere, Mississippi, to do all she can to help Stanton win back the woman he loves. Her head tells her she's crazy...and her heart says something else entirely. What happens when you mix a one-stop-light town, two professional arguers, a homecoming queen, four big brothers, some Jimmy Dean sausage, and a gun-toting Nana? The Bourbon flows, passions rise, and even the best-laid plans get overruled by the desires of the heart.

Overruled

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Author: George Bernard Shaw

Publisher: Blurb

ISBN: 9780368615306

Category: Fiction

Page: 54

View: 2681

This piece is not an argument for or against polygamy. It is a clinical study of how the thing actually occurs among quite ordinary people, innocent of all unconventional views concerning it. The enormous majority of cases in real life are those of people in that position. Those who deliberately and conscientiously profess what are oddly called advanced views by those others who believe them to be retrograde, are often, and indeed mostly, the last people in the world to engage in unconventional adventures of any kind, not only because they have neither time nor disposition for them, but because the friction set up between the individual and the community by the expression of unusual views of any sort is quite enough hindrance to the heretic without being complicated by personal scandals. Thus the theoretic libertine is usually a person of blameless family life, whilst the practical libertine is mercilessly severe on all other libertines, and excessively conventional in professions of social principle. What is more, these professions are not hypocritical: they are for the most part quite sincere. The common libertine, like the drunkard, succumbs to a temptation which he does not defend, and against which he warns others with an earnestness proportionate to the intensity of his own remorse. He (or she) may be a liar and a humbug, pretending to be better than the detected libertines, and clamoring for their condign punishment; but this is mere self-defence. No reasonable person expects the burglar to confess his pursuits, or to refrain from joining in the cry of Stop Thief when the police get on the track of another burglar. If society chooses to penalize candor, it has itself to thank if its attack is countered by falsehood. The clamorous virtue of the libertine is therefore no more hypocritical than the plea of Not Guilty which is allowed to every criminal. But one result is that the theorists who write most sincerely and favorably about polygamy know least about

Stare Indecisis

The Alteration of Precedent on the Supreme Court, 1946-1992

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Author: Saul Brenner,Harold J. Spaeth

Publisher: Cambridge University Press

ISBN: 9780521451888

Category: Law

Page: 151

View: 9790

This book presents a full-length empirical study of why US Supreme Court justices have chosen to alter precedent.