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In Defense Of A Political Court

Author: Terri Jennings Peretti
Publisher: Princeton University Press
ISBN: 9781400823352
Size: 75.59 MB
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Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. Using pluralist theory, Peretti further argues that a political Court possesses instrumental value in American democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policymaking, particularly regarding the breadth of interests represented.

In Defence Of Politics

Author: Bernard Crick
Publisher: A&C Black
ISBN: 1780936923
Size: 32.12 MB
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A landmark work in which one of the UK's leading political writers makes a passionate defence of the importance of political debate to modern democracy.

Freedom Of Speech The Supreme Court And Judicial Review

Author: Martin Shapiro
Publisher: Quid Pro Books
ISBN: 1458196860
Size: 14.91 MB
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One of the great continuing disputes of U.S. politics is about the role of the Supreme Court. Another is about the First Amendment. This book is about both. A classic defense of the openly political role of the Court, this book belies the notion reasserted recently by Chief Justice Roberts that judges are just neutral umpires. Especially in the area of speech, judges make policy; they create law.

The Most Activist Supreme Court In History

Author: Thomas M. Keck
Publisher: University of Chicago Press
ISBN: 9780226428864
Size: 13.70 MB
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When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.

In Defense Of Lost Causes

Author: Slavoj Žižek
Publisher: Verso
ISBN: 1844674290
Size: 47.65 MB
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A high-energy philosophical manifesto on the concept and virtues of universal values addresses such topics as Heidegger's engagement with the Third Reich, the role of class struggles in global capitalism, and the legacy of Christianity against New Age spiritualism. Original.

Defending Faith

Author: Daniel Bennett
Publisher:
ISBN: 9780700624607
Size: 75.35 MB
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Based on author's thesis (doctoral - Southern Illinois University, Department of Political Science, 2013), issued under title: Organizations, religion, and legal mobilization: the case of Christian conservative legal advocacy.

Attacking Judges

Author: Melinda Gann Hall
Publisher: Stanford University Press
ISBN: 0804793093
Size: 41.17 MB
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Nasty, below-the-belt campaigns, mudslinging, and character attacks. These tactics have become part and parcel of today's election politics in America, and judicial elections are no exception. Attacking Judges takes a close look at the effects of televised advertising, including harsh attacks, on state supreme court elections. Author Melinda Gann Hall investigates whether these divisive elections have damaging consequences for representative democracy. To do this, Hall focuses on two key aspects of those elections: the vote shares of justices seeking reelection and the propensity of state electorates to vote. In doing so, Attacking Judges explores vital dimensions of the conventional wisdom that campaign politics has deleterious consequences for judges, voters, and state judiciaries. Countering the prevailing wisdom with empirically based conclusions, Hall uncovers surprising and important insights, including new revelations on how attack ads influence public engagement with judicial elections and their relative effectiveness in various types of state elections. Attacking Judges is a testament to the power of institutions in American politics and the value of empirical political science research in helping to inform some of the most significant debates on the public agenda. This book's results smartly contest and eradicate many of the fears judicial reformers have about the damaging effects of campaign negativity in modern state supreme court elections.

In Defense Of Women

Author: Nancy Gertner
Publisher: Beacon Press
ISBN: 0807011436
Size: 20.13 MB
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Recounts the self-proclaimed outsider lawyer's experiences from her early days as a trial attorney through becoming a U.S. District Court judge.