The Supreme Court And Legal Change

Author : Lee Epstein
Publisher : Univ of North Carolina Press
ISBN 13 : 0807861294
Total Pages : 436 pages
Book Rating : 4.95/5 ( download)

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Download or read book The Supreme Court and Legal Change written by Lee Epstein and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors analyze abortion and death penalty decisions by the Supreme Court and argue that they provide prime examples of abrupt legal change. After proposing that the strength of legal arguments has at least as much impact on Court decisions as do public opinion and justices' political beliefs, they focus on the way litigators propel certain issues onto the Court's agenda and seek to persuade the justices to affect legal change.

Author : Paul M. Collins
Publisher : Cambridge University Press
ISBN 13 : 1107039703
Total Pages : 313 pages
Book Rating : 4.04/5 ( download)

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Download or read book Supreme Court Confirmation Hearings and Constitutional Change written by Paul M. Collins and published by Cambridge University Press. This book was released on 2013-06-24 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional change.

Author : Lee Epstein
Publisher : Univ of North Carolina Press
ISBN 13 : 9780807820513
Total Pages : 417 pages
Book Rating : 4.12/5 ( download)

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Download or read book The Supreme Court and Legal Change written by Lee Epstein and published by Univ of North Carolina Press. This book was released on 1992 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court and Legal Change: Abortion and the Death Penalty

Author : Thomas G. Hansford
Publisher : Princeton University Press
ISBN 13 : 0691188041
Total Pages : 155 pages
Book Rating : 4.41/5 ( download)

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Download or read book The Politics of Precedent on the U.S. Supreme Court written by Thomas G. Hansford and published by Princeton University Press. This book was released on 2018-06-05 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.

Author : Thomas R. Hensley
Publisher : Cengage Learning
ISBN 13 :
Total Pages : 956 pages
Book Rating : 4.86/5 ( download)

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Download or read book The Changing Supreme Court written by Thomas R. Hensley and published by Cengage Learning. This book was released on 1997 with total page 956 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a thorough discussion of the historical development of civil rights and liberties under the Constitution. A fresh approach features chapter opening case studies and places special emphasis on the modern Supreme Court and contemporary legal controversies. A unique chapter focuses on members of the Rehnquist Court which provides a background to understand how the make-up of the Court affects the decisions made and thus the development of the law. A broad selection of edited cases are integrated within each chapter. Unique Empirical Data Tables and Doctrinal Analysis Tables analyze decisions, voting patterns and show philosophical differences among members of the modern court.

Author : Andrew Joseph O'Geen
Publisher :
ISBN 13 :
Total Pages : 169 pages
Book Rating : 4.16/5 ( download)

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Download or read book Legal Change on the United States Supreme Court written by Andrew Joseph O'Geen and published by . This book was released on 2011 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this dissertation I develop and test a theory of legal change that views the U.S. Supreme Court as operating within a complex legal and political framework. I argue that the Court uses the process by which it decides cases as an institutional tool, allowing it to exert influence in the broader political and legal environment. The Court does this by allocating agenda space to specific types of issues over others, and also by articulating legal doctrine in its written opinions that helps to shape outcomes outside of the immediate case. I text the implications of this theory in the context of both the Court's agenda setting and its written opinions. I find evidence of influence in these contexts not only from the justices but also from a variety of policy entrepreneurs that have a stake in the outcomes on the Court.

Author : Gregg Ivers
Publisher : University of Virginia Press
ISBN 13 : 9780813923031
Total Pages : 372 pages
Book Rating : 4.34/5 ( download)

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Download or read book Creating Constitutional Change written by Gregg Ivers and published by University of Virginia Press. This book was released on 2004 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Because the justices of the U.S. Supreme Court interpret the Constitution, their decisions can create constitutional change. For quite some time, general readers interested in understanding those changes have not had access to a concise volume that explores the major decisions through which those changes occur. In order to make a wide range of decisions more comprehensible, Gregg Ivers and Kevin T. McGuire commissioned twenty-four outstanding scholars to write essays on a selected series of Supreme Court cases. Chosen for their contemporary relevance, most of the cases addressed in this informative reader are from the last half-century, extending right up through Bush v. Gore and the 2003 Michigan affirmative actions cases"--Unedited summary from paperback cover.

Author : Joan Biskupic
Publisher : Sarah Crichton Books
ISBN 13 : 1429990015
Total Pages : 449 pages
Book Rating : 4.11/5 ( download)

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Download or read book American Original written by Joan Biskupic and published by Sarah Crichton Books. This book was released on 2009-11-10 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first full-scale biography of the Supreme Court's most provocative—and influential—justice If the U.S. Supreme Court teaches us anything, it is that almost everything is open to interpretation. Almost. But what's inarguable is that, while the Court has witnessed a succession of larger-than-life jurists in its two-hundred-year-plus history, it has never seen the likes of Supreme Court Justice Antonin Scalia. Combative yet captivating, infuriating yet charming, the outspoken jurist remains a source of curiosity to observers across the political spectrum and on both sides of the ideological divide. And after nearly a quarter century on the bench, Scalia may be at the apex of his power. Agree with him or not, Scalia is "the justice who has had the most important impact over the years on how we think and talk about the law," as the Harvard law dean Elena Kagan, now U.S. Solicitor General, once put it. Scalia electrifies audiences: to hear him speak is to remember him; to read his writing is to find his phrases permanently affixed in one's mind. But for all his public grandstanding, Scalia has managed to elude biographers—until now. In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, the veteran Washington journalist Joan Biskupic presents for the first time a detailed portrait of this complicated figure and provides a comprehensive narrative that will engage Scalia's adherents and critics alike. Drawing on her long tenure covering the Court, and on unprecedented access to the justice, Biskupic delves into the circumstances of his rise and the formation of his rigorous approach to the bench. Beginning with the influence of Scalia's childhood in a first-generation Italian American home, American Original takes us through his formative years, his role in the Nixon-Ford administrations, and his trajectory through the Reagan revolution. Biskupic's careful reporting culminates with the tumult of the contemporary Supreme Court—where it was and where it's going, with Scalia helping to lead the charge. Even as Democrats control the current executive and legislative branches, the judicial branch remains rooted in conservatism. President Obama will likely appoint several new justices to the Court—but it could be years before those appointees change the tenor of the law. With his keen mind, authoritarian bent, and contentious rhetorical style, Scalia is a distinct and persuasive presence, and his tenure is far from over. This new book shows us the man in power: his world, his journey, and the far-reaching consequences of the transformed legal landscape.

Author : Richard H. Fallon
Publisher : Harvard University Press
ISBN 13 : 0674975812
Total Pages : 237 pages
Book Rating : 4.11/5 ( download)

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Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

Author : Michael J. Graetz
Publisher : Simon and Schuster
ISBN 13 : 1476732515
Total Pages : 480 pages
Book Rating : 4.10/5 ( download)

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Download or read book The Burger Court and the Rise of the Judicial Right written by Michael J. Graetz and published by Simon and Schuster. This book was released on 2017-06-06 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.