Why the Supreme Court is Not a Court and Its Justices are Not Judges

Author: Eric J. Segall

Publisher: ABC-CLIO

ISBN: 0313396876

Category: Law

Page: 219

View: 992

This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen.
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Author: Richard H. Seamon,Andrew Siegel

Publisher: Wolters Kluwer Law & Business

ISBN: 145483868X

Category: Law

Page: 800

View: 3870

The Supreme Court Sourcebook provides carefully selected, edited, and analyzed materials on the Court, including academic literature, historical materials, internal court documents, Court filings, and judicial opinions. The flexible organization suits a variety of courses. An online component keeps the book current and interesting, with ready-to-use materials in pending cases for advocacy and opinion-writing simulations. The combined package gives professors a turnkey solution for teaching a theoretical course (examination of the Supreme Court as an institution), a hands-on course (simulations of oral argument and opinion writing in pending cases), or any custom combination in between. All of the authors have significant Supreme Court experience: Seamon served with now Chief Justice John Roberts in the Office of the U.S. Solicitor General, representing the U.S. in cases before the Court; Siegel clerked for Justice John Paul Stevens; Thai clerked for Justice John Paul Stevens and Justice Byron R. White; and Watts clerked for Justice John Paul Stevens. Features: carefully selected, edited, and analyzed materials academic literature historical materials judicial opinions litigation papers internal court documents online component keeps the book current and interesting supplies ready-to-use packages of materials uses pending cases for advocacy and opinion-writing simulations flexible organization provides a turnkey solution for a variety of courses a theoretical course (examination of the Supreme Court as an institution) a hands-on course (simulations of oral argument and opinion writing in pending cases) any custom combination vast author experience working for and appearing before the Supreme Court Seamon served with now Chief Justice John Roberts in the Office of the U.S. Solicitor General, representing the U.S. in cases before the Court Siegel clerked for Justice John Paul Stevens Thai clerked for Justice John Paul Stevens and Justice Byron R. White Watts clerked for Justice John Paul Stevens
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Author: Robert G. McCloskey,Sanford Levinson

Publisher: University of Chicago Press

ISBN: 022629692X

Category: History

Page: 448

View: 675

For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
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Author: Joseph W. Dellapenna

Publisher: N.A

ISBN: N.A

Category: Law

Page: 1283

View: 5906

In Roe v. Wade, Justice Harry Blackmun structured the argument of the majority around the history of abortion laws. That history built on the work of law professor Cyril Means, Jr., and historian James Mohr. Means and Mohr proclaim four theses as summarizing the “true” history of abortion in England and America: (1) Abortion was not a crime “at common law” (before the enactment of abortion statutes in the nineteenth century. (2) Abortion was common and relatively safe during this time.(3) Abortion statutes were enacted in the nineteenth century in order to protect the life of the mother rather than the life of the embryo or fetus.(4) The moving force behind the nineteenth-century statutes was the attempt of the male medical profession to suppress competition from competing practitioners of alternative forms of medicine.This book dispels these myths and sets forth the true history of abortion and abortion law in English and American society. Anglo- American law always treated abortion as a serious crime, generally including early in pregnancy. Prosecutions and even executions go back 800 years in England, establishing law that carried over to colonial America. The reasons offered for these prosecutions and penalties consistently focused on protecting the life of the unborn child. This unbroken tradition refutes the claims that unborn children have not been treated as persons in our law or as persons under the Constitution of the United States.
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Author: Eric J. Segall

Publisher: Cambridge University Press

ISBN: 1107188555

Category: Law

Page: 250

View: 7445

Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results.
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Making Sense of Supreme Court Decisions

Author: Kermit Roosevelt

Publisher: Yale University Press

ISBN: 9780300129564

Category: Law

Page: 273

View: 8950

Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
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Author: Robert M. Howard,Kirk A. Randazzo

Publisher: Routledge

ISBN: 1317430387

Category: Political Science

Page: 518

View: 3964

Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective.? Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.
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Author: Kenneth S. Friedman

Publisher: Algora Publishing

ISBN: 0875862357

Category: Business & Economics

Page: 276

View: 4039

What happens when the rich get far, far richer? Laissez faire has moved us from democracy to corporatism, replacing integrity and values with a focus on OC filling our bellies.OCO How about humanism, for a change? This comprehensive critique has important pra"
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The Making of a Supreme Court Justice

Author: Larry S. Gibson

Publisher: Prometheus Books

ISBN: 1616145722

Category: Biography & Autobiography

Page: 413

View: 5113

Thurgood Marshall was the most important American lawyer of the twentieth century. He transformed the nation's legal landscape by challenging the racial segregation that had relegated millions to second-class citizenship. He won twenty-nine of thirty-three cases before the United States Supreme Court, was a federal appeals court judge, served as the US solicitor general, and, for twenty-four years, sat on the Supreme Court. Marshall is best known for achievements after he relocated to New York in 1936 to work for the NAACP. But Marshall's personality, attitudes, priorities, and work habits had crystallized during earlier years in Maryland. This work is the first close examination of the formative period in Marshall's life. As the authorn shows, Thurgood Marshall was a fascinating man of contrasts. He fought for racial justice without becoming a racist. Simultaneously idealistic and pragmatic, Marshall was a passionate advocate, yet he maintained friendly relationships with his opponents. Young Thurgood reveals how Marshall's distinctive traits were molded by events, people, and circumstances early in his life. Professor Gibson presents fresh information about Marshall's family, youth, and education. He describes Marshall's key mentors, the special impact of his high school and college competitive debating, his struggles to establish a law practice during the Great Depression, and his first civil rights cases. The author sheds new light on the NAACP and its first lawsuits in the campaign that led to the 1954 Brown v. Board of Education school desegregation decision. He also corrects some of the often-repeated stories about Marshall that are inaccurate. The only biography of Thurgood Marshall to be endorsed by Marshall’s immediate family, Young Thurgood is an exhaustively researched and engagingly written work that everyone interested in law, civil rights, American history, and biography will want to read. From the Hardcover edition.
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Myth and Reality in Law and Courts

Author: Pamela C. Corley,Artemus Ward,Wendy L. Martinek

Publisher: Routledge

ISBN: 113628656X

Category: Political Science

Page: 474

View: 8644

This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.
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Eight Myths that Convict the Innocent, Revised Edition

Author: Jim Petro,Nancy Petro

Publisher: Routledge

ISBN: 1317667727

Category: Social Science

Page: 300

View: 6573

Compelling and engagingly written, this book by former Attorney General of Ohio Jim Petro and his wife, writer Nancy Petro, takes the reader inside actual cases, summarizes extensive research on the causes and consequences of wrongful conviction, and exposes eight common myths that inspire false confidence in the justice system and undermine reform. Now newly published in paperback with an extensive list of web links to wrongful conviction sources internationally, False Justice is ideal for use in a wide array of criminal justice and criminology courses. Myth 1: Everyone in prison claims innocence. Myth 2: Our system almost never convicts an innocent person. Myth 3: Only the guilty confess. Myth 4: Wrongful conviction is the result of innocent human error. Myth 5: An eyewitness is the best testimony. Myth 6: Conviction errors get corrected on appeal. Myth 7: It dishonors the victim to question a conviction. Myth 8: If the justice system has problems, the pros will fix them.
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God

Myths of the Male Divine

Author: David Adams Leeming,Jake Page

Publisher: Oxford University Press on Demand

ISBN: 019511387X

Category: Philosophy

Page: 196

View: 9938

He has been a trickster, a shaman, a divine child; he has been a sacrificial victim, a consort of the earth goddess, a warrior, a sky king; and the creator, a distant and impersonal immensity. He is the male divine, seen in the many gods of myth, and his life story is told here in this graceful and illuminating account by David Leeming and Jake Page. Illustrating their points with materials ranging from the prehistoric cave paintings to the mystic Jewish Kabbalah, from the ancient Indian Vedas to tales of the North American Indians and other myths from around the world, Leeming and Page reveal the changing mask of the male divine. We see how that divinity emerged in some areas from cults involving "animal masters" (as in the Bear Man of the Cherokee Indians), sorcerers, and shamans who embarked on spirit journeys. God sometimes appeared as the trickster--as Loki of the Norse people, Legba of Africa's Yoruba, Raven and Coyote of North America, and Krishna of India--both creative and bedeviling. With the Neolithic age came the rise of agriculture and animal husbandry, of settlements and specialization in the roles of males and females--and a more sophisticated body of myths and rituals. Here the Mother Goddess was dominant, and the male God became her consort, ultimately dying in order that nature might be renewed. The authors illustrate this new stage in the male divine with tales of the Egyptian Osiris, the Caananite Baal, and Wiyot of California's Luiseno Indians, among others. They describe the rise of a male sky God as "the equal to, the true mate, of Goddess, who was still associated with Earth." In the Iron Age, the sky God became more aggressive, separating from the Goddess and taking his place as the King God, as Zeus, Odin, and Horus. Ultimately he emerged as the creator, a more distant and impersonal force. Here Leeming and Page also illuminate an important trend--a sense that the divine is beyond gender, that it permeates all things (as seen in Chinese Tao, the Indian Brahmin, and En Sof of the Kabbalah). They see a movement in the biography of God toward a reunion with the Goddess. "As the Supreme Being becomes less Goddess and less God," they write, "it speaks more clearly to the essential human need for unity and understanding." In their previous work together, Goddess, Leeming and Page provided a marvelous biography of the female divine--an account that won a wide and enduring audience. Now, in God, they provide the perfect companion volume--completing, as the authors write, "a record of what we humans believe ourselves at the deepest level to be."
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Author: Stephen Belcher

Publisher: Penguin UK

ISBN: 0141935316

Category: Fiction

Page: 544

View: 1981

Gathering a wide range of traditional African myths, this compelling new collection offers tales of heroes battling mighty serpents and monstrous birds, brutal family conflict and vengeance, and desperate migrations across vast and alien lands. From impassioned descriptions of animal-creators to dramatic stories of communities forced to flee monstrous crocodiles, all the narratives found here concern origins - whether of the universe, peoples or families. Together, they create a kaleidoscopic picture of the rich and varied oral traditions that have shaped the culture and society of successive generations of Africans for thousands of years, throughout the long struggle to survive and explore this massive and environmentally diverse continent.
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Ten Right Wing Myths about Our Constitution

Author: Garrett Epps

Publisher: Rowman & Littlefield Publishers

ISBN: 1442216786

Category: Political Science

Page: 232

View: 8598

The primary purpose of the United States Constitution is to limit Congress. There is no separation of church and state. The Second Amendment allows citizens to threaten the government. These are just a few of the myths about our constitution peddled by the Far Right—a toxic coalition of Fox News talking heads, radio hosts, angry “patriot” groups, and power-hungry Tea Party politicians. Well-funded, loud, and unscrupulous, they are trying to do to America’s founding document what they have done to global warming and evolution—wipe out the facts and substitute partisan myth. In the process, they seek to cripple the right of We the People to govern ourselves. In Wrong and Dangerous, legal scholar Garrett Epps provides the tools needed to fight back against the flood of constitutional nonsense. In terms every citizen can understand, he tackles ten of the most prevalent myths, providing a clear grasp of the Constitution and the government it established.
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In Pursuit of the Perfect Woman

Author: Paula James

Publisher: Bloomsbury Publishing

ISBN: 1441146776

Category: History

Page: 248

View: 5607

Why has the myth of Pygmalion and his ivory statue proved so inspirational for writers, artists, philosophers, scientists, and directors and creators of films and television series? The 'authorised' version of the story appears in the epic poem of transformations, Metamorphoses, by the first-century CE Latin poet Ovid; in which the bard Orpheus narrates the legend of the sculptor king of Cyprus whose beautiful carved woman was brought to life by the goddess Venus. Focusing on screen storylines with a Pygmalion subtext, from silent cinema to Buffy the Vampire Slayer and Lars and the Real Girl, this book looks at why and how the made-over or manufactured woman has survived through the centuries and what we can learn about this problematic model of 'perfection' from the perspective of the past and the present. Given the myriad representations of Ovid's myth, can we really make a modern text a tool of interpretation for an ancient poem? This book answers with a resounding 'yes' and explains why it is so important to give antiquity back its future.
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Representations of the Religious Quest on the Post-1945 Operatic Stage

Author: Siglind Bruhn

Publisher: Pendragon Press

ISBN: 9781576470961

Category: Music

Page: 635

View: 5324

In the small list of scholarly works on music after World War II, there are few studies of the operatic repertory and none at all on the surprisingly large number of operas on religious themes. In this interdisciplinary study of thirty-eight music dramatic works on saintly subjects, Siglind Bruhn, distinguished author of such seminal studies as The Temptation of Paul Hindemith and Musical Ekphrasis, asks why this phenomenon occurred in the last half of the previous century and investigates how contemporary composers express spiritual mysteries. The works examined include celebrated masterpieces, lesser works by renowned composers, and gems by composers who were highly esteemed in their own country and time. Although all the works she discusses have been publicly performed and almost half of them commercially recorded, many have never been discussed in print outside their country of origin and none of them has been examined to ask how the musical language and the dramatic elements convey the religous quest in all its complexity. The range of works under scrutiny range from Messiaien's St. François d'Assise to Philipp Glass's Satyagraha; from Poulenc's Dialogues of the Carmelites to Menotti's Saint of Bleecker Street; from Tavener's Mary of Egypt to Tomasi's Miguel de Manana.
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Through the Prism of Prisoners’ Rights

Author: Christopher E. Smith

Publisher: Springer

ISBN: 1137567635

Category: Social Science

Page: 227

View: 4213

This book illuminates the decision-making processes of the US Supreme court through an examination of several prisoners' rights cases. In 1964, the Supreme Court declined to hear prisoners’ claims about religious freedom. In 2014, the Supreme Court heard a case that led to the justices’ unanimous endorsement of a Muslim prisoner’s religious right to grow a beard despite objections from prison officials. In the fifty-year span between those two events, the Supreme Court developed the law concerning rights for imprisoned offenders. As demonstrated in this book, the factors that shape Supreme Court decision making are well-illustrated by prisoners’ rights cases. This area of law illuminates competing approaches to constitutional interpretation, behind-the-scenes interactions among the justices, and the manipulation of legal precedents. External actors also affect the Supreme Court and its decisions when the president appoints new justices and Congress targets the judiciary with legislative enactments. Because of the controversial nature of prisoners’ rights issues, these cases serve to illuminate the full array of influences over Supreme Court decision making.
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Author: Edward Geoffrey Parrinder,Geoffrey Parrinder

Publisher: Reed Mitchel Beazley

ISBN: 9781851529285

Category: Folklore

Page: 144

View: 5101

Gives a full account of the black African's thoughts about their lives and beliefs.
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The Myths and Realities of Practicing Law

Author: Christopher P. Banks

Publisher: CQ Press

ISBN: 1506333109

Category: Political Science

Page: 144

View: 1958

While emphasizing that lawyers fulfill a vital but often misunderstood public function in society, The American Legal Profession: The Myths and Realities of Practicing Law by Christopher P. Banks dispels some of the common misconceptions about the legal profession to show that the reality of being a lawyer is much different from what many students believe it to be. Many students know little about what law school is like or how it differs from undergraduate study, and this book corrects common myths about graduating law school and life after passing the bar. This brief primer is a nuts-and-bolts analysis of what it is really like to go into the legal profession, from start to finish, giving students considering a career in law a realistic overview of their potential legal careers.
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