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Judicial activism is condemned by both right and left, for good reason: lawless courts are a threat to republican government. But challenging conventional wisdom, constitutional litigator Clint Bolick argues in David's Hammer that far worse is a judiciary that allows the other branches of government to run roughshod over precious liberties. For better or for worse, only a vigorous judiciary can enforce the limits on executive and legislative action,...
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Summary, Analysis & Review of Ruth Bader Ginsburg's & et al My Own Words by Instaread Preview: My Own Words is a collection of Ruth Bader Ginsburg's public writing and speeches. It includes biographical information and a discussion of her intellectual interests and positions. Ginsburg was born in 1933 in Brooklyn to a Russian Jewish immigrant family. She excelled in academics and showed an early interest in human rights as evidenced by an eighth-grade...
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Minority millennials are standing up for themselves and creating massive societal change. But, for some unknown reason, their stories are not being told by the media.
Driven to Do: Inspiring Stories of Minority Millennials and the Future of America tackles difficult issues: What is the perception of millennials and minorities? Lazy? Entitled? Failing to work hard toward their goals? This book provides multiple examples of how minority millennials...
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"FRAUD ON-and in-THE COURT" tells D'Arcy Straub's story of following a vein of corruption within the federal judiciary that ultimately leads to the Supreme Court. On the second day of his confirmation hearing before the Senate Judiciary Committee in March 2017, Neil Gorsuch testified, "A wise, old judge, kind of like Judge Johnson, you're going to hear from; he's going to come talk to you from Colorado, a hero of mine, known me since I was a tot…."
Upon...
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After simmering in the background through the nineties, Iraq burst into the awareness of many when it became a battleground against the war on terror under the Bush administration. Few realize that in the midst of the fierce policy battles, one partially implemented state-building exercise took root, and Iraq became the first country in the Middle East, democracy or otherwise, to have a constitutionally mandated independent judicial branch.In The...
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Basic Books
Pub. Date
2023
Description
An instant New York Times bestseller: An acclaimed legal scholar’s “important” (New York Times) and “fascinating” (Economist) exposé of how the Supreme Court uses unsigned and unexplained orders to change the law behind closed doors. The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes “shadow docket,”...
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Recounting controversial First Amendment cases from the Red Scare era to Citizens United, William Bennett Turner-a Berkeley law professor who has argued three cases before the Supreme Court-shows how we've arrived at our contemporary understanding of free speech. His strange cast of heroes and villains, some drawn from cases he has litigated, includes Communists, Jehovah's Witnesses, Ku Klux Klansmen, the world's leading pornographer, prison wardens,...
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In-depth examination of a rarely studied article of the United States Constitution.
While there is a vast amount of scholarship on the US Constitution, very little of it addresses Article IV. The article's first section, the Full Faith and Credit Clause, requires that individual states must respect "the public acts, accords, and judicial proceedings of every other state," and the second section, the Privileges and Immunity Clause, prevents one state...
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Essays assessing the impact of globalization on law and court systems across the world.
Globalization is a far-reaching and multifaceted phenomenon whose effects on law are just beginning to be appreciated fully. Globalizing Justice examines the effects of globalization on law and court systems in the developed and developing worlds. How has the global spread of legal norms changed the relationship between international, supranational, and national...
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Guaranteed to give the reader a deeper understanding of America's most powerful judicial body, John Yoo, professor of law at UC Berkeley, and Robert Delahunty, professor of law at the University of St. Thomas detail in sprightly, slightly irreverent manner how the black robed judges who make up the U.S. Supreme Court have swung like a pendulum from saviors of the Republic to super-legislators who usurp the roll of Congress and dictate law from the...
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Harvard Law School scholars Laurence Tribe and Joshua Matz reveal how Chief Justice John Roberts is shaking the foundation of our nation's laws in Uncertain Justice: The Roberts Court and the Constitution.
From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of...
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Christopher Wolfe is Professor of Political Science at Marquette University. He is the author of How to Interpret the Constitution, Judicial Activism, and The Rise of Modern Judicial Review.
The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific...
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When the Supreme Court upheld the Affordable Care Act, some saw the decision as a textbook example of neutral judicial decision making, noting that a Republican Chief Justice joined the Courts Democratic appointees to uphold most provisions of the ACA. Others characterized the decision as the latest example of partisan justice and cited the actions of a bloc of the Courts Republican appointees, who voted to strike down the statute in its entirety....
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In What's Law Got to Do With It?, the nation's top legal scholars and political scientists examine to what extent the law actually shapes how judges behave and make decisions, and what it means for society at large. Although there is a growing consensus among legal scholars and political scientists, significant points of divergence remain. Contributors to this book explore ways to reach greater accord on the complexity and nuance of judicial decisionmaking...
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"Winner of the 2006 James Boyd White Prize, Association for the Study of Law, Culture, and the Humanities" Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College and Five College Fortieth Anniversary Professor. He is author, coauthor, or editor of more than fifty books, including When the State Kills and Law, Violence, and the Possibility of Justice (both Princeton), and Divorce Lawyers and...
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In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate-even...
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From Damon Root, a senior editor of Reason magazine, Overruled: The Long War for Control of the U.S. Supreme Court is "the most thorough account of the libertarian-conservative debate over judicial review…a valuable guide to both the past and the potential future of these important issues" (The Washington Post).
Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower...
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Collection of quotations and judicial opinions of federal appellate judge Richard A. Posner
A collection of pithy and penetrating observations and rulings by one of the most famous appellate judges in America, The Quotable Judge Posner showcases the wit and wisdom of Richard A. Posner. During his more than twenty-five years as a federal appellate judge, Judge Posner reached over 2,000 opinions, many of which, are cited frequently in the opinions...
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