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The Judicial Power Of The Purse

Author: Nancy Staudt
Publisher: University of Chicago Press
ISBN: 0226771148
Size: 35.40 MB
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Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

National Security Law And The Power Of The Purse

Author: William C. Banks
Publisher: Oxford University Press on Demand
ISBN: 0195085388
Size: 71.92 MB
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The ideal model of national security decision-making, whereby the Legislative branch authorizes action to protect national security and the Executive branch takes it, has broken down due to the speed and unpredictability of foreign crises and the President's monopoly on foreign intelligence. In response, Congress has ceded the initiative to the President, and then utilized the power of the purse to ratify or restrict what the President has done. This power, by necessity and preference, has become the central congressional tool for participating in national security policy. Inevitably attacks on policy are transformed into attacks on the making and effects of appropriations. This study addresses the constitutional and statutory questions raised by these attacks. It thoroughly explores the history, mechanics, and scope of the power of the purse in national security, using Vietnam War appropriations and the Boland Amendments as case studies. William Banks and Peter Raven-Hansen provide a unique and provocative primer on the power of the purse in national security law.

Government Financial Management Issues And Country Studies

Author: A. Premchand
Publisher: International Monetary Fund
ISBN: 9781557751492
Size: 51.90 MB
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Edited by A. Premchand, this collection of seminar papers and country studies examines recent developments in government accounting and financial management in selected industrial and developing countries. The country studies include Australia, Canada, China, India, Poland, Sweden, Turkey, the United Kingdom, the United States, and Latin American countries.

Raw Judicial Power

Author: Robert J. McKeever
Publisher: Manchester University Press
ISBN: 9780719048739
Size: 21.42 MB
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This book presents an analysis of the modern Supreme Court which takes full account of both its legal and political aspects. The book has an empirical bias, and starts with an examination of the political and social forces which brought to prominence the kind of social issues of recent decades. Chapter Two traces the legal and judicial developments that have occurred roughly in parallel to, and sometimes in direct connection with, the rise of the social issue in American politics. Chapters Three to Seven analyze the Court's decisions in the major policy areas affected by these political and judgemental dynamics, namely abortion, capital punishment, affirmative action for racial minorities and women, and other cases including gay rights, pornography and governmental support for religious values. The concluding chapter examines the Court's suitability to continue to carry the political burden that it has acquired.

The Judicial Branch Of State Government

Author: Sean O. Hogan
Publisher: ABC-CLIO
ISBN: 1851097511
Size: 32.64 MB
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Offers an introduction to the role of the stae courts, describes how they function, and explains the importance of the state level of the judiciary where nearly ninety-seven percent of all legal cases in the United States are settled.

An Introduction To Empirical Legal Research

Author: Lee Epstein
Publisher: OUP Oxford
ISBN: 0191646555
Size: 71.67 MB
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Is the death penalty a more effective deterrent than lengthy prison sentences? Does a judge's gender influence their decisions? Do independent judiciaries promote economic freedom? Answering such questions requires empirical evidence, and arguments based on empirical research have become an everyday part of legal practice, scholarship, and teaching. In litigation judges are confronted with empirical evidence in cases ranging from bankruptcy and taxation to criminal law and environmental infringement. In academia researchers are increasingly turning to sophisticated empirical methods to assess and challenge fundamental assumptions about the law. As empirical methods impact on traditional legal scholarship and practice, new forms of education are needed for today's lawyers. All lawyers asked to present or assess empirical arguments need to understand the fundamental principles of social science methodology that underpin sound empirical research. An Introduction to Empirical Legal Research introduces that methodology in a legal context, explaining how empirical analysis can inform legal arguments; how lawyers can set about framing empirical questions, conducting empirical research, analysing data, and presenting or evaluating the results. The fundamentals of understanding quantitative and qualitative data, statistical models, and the structure of empirical arguments are explained in a way accessible to lawyers with or without formal training in statistics. Written by two of the world's leading experts in empirical legal analysis, drawing on years of experience in training lawyers in empirical methods, An Introduction to Empirical Legal Research will be an invaluable primer for all students, academics, or practising lawyers coming to empirical research - whether they are embarking themselves on an empirical research project, or engaging with empirical arguments in their field of study, research, or practice.

Complex Justice

Author: Joshua M. Dunn
Publisher: UNC Press Books
ISBN: 1469606607
Size: 13.24 MB
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In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.

Congressional Record

Author:
Publisher:
ISBN:
Size: 76.89 MB
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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

The New Politics Of North Carolina

Author: Christopher A. Cooper
Publisher: UNC Press Books
ISBN: 1469606585
Size: 45.22 MB
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Political scientist V. O. Key in 1949 described North Carolina as a "progressive plutocracy." He argued that in the areas of industrial development, public education, and race relations, North Carolina appeared progressive when compared to other southern states. Reconsidering Key's evaluation nearly sixty years later, contributors to this volume find North Carolina losing ground as a progressive leader in the South. The "new politics" of the state involves a combination of new and old: new opportunities and challenges have forced the state to change, but the old culture still remains a powerful force. In the eleven essays collected here, leading scholars of North Carolina politics offer a systematic analysis of North Carolina's politics and policy, placed in the context of its own history as well as the politics and policies of other states. Topics discussed include the evolution of politics and political institutions; the roles of governors, the judicial branch, interest groups, and party systems; and the part played by economic development and environmental policy. Contributors also address how geography affects politics within the state, region, and nation. Designed with students and interested citizens in mind, this collection provides an excellent introduction to contemporary North Carolina politics and government. Contributors: Hunter Bacot, Elon University Christopher A. Cooper, Western Carolina University Thomas F. Eamon, East Carolina University Jack D. Fleer, Wake Forest University Dennis O. Grady, Appalachian State University Ferrel Guillory, University of North Carolina at Chapel Hill Sean Hildebrand, Western Carolina University Jonathan Kanipe, Town Manager, Catawba, North Carolina H. Gibbs Knotts, Western Carolina University Adam J. Newmark, Appalachian State University Charles Prysby, University of North Carolina at Greensboro Ruth Ann Strickland, Appalachian State University James H. Svara, Arizona State University Timothy Vercellotti, Rutgers University