Tales of Cases That Mattered in America's Greatest Trial Court
Author: James D. Zirin
The Mother Court: Tales of Cases That Mattered in America's Greatest Trial Court is the first book to chronicle the history of the US District Court for the Southern District of New York, the most influential district court in the United States
"group choice" in europäischen Justiztraditionen
Author: Wolfgang Ernst
Publisher: Mohr Siebeck
Wenn mehrere Richter zur Entscheidung desselben Falles berufen sind, verschrankt sich die Aufgabe der normgebundenen Rechtserkenntnis mit der einer kollektiven Entscheidungsfindung ("group choice"). Die resultierenden Schwierigkeiten und Losungsverfahren werden seit der Antike diskutiert. Unterschiedliche Regelungen in europaischen Justiztraditionen werden dadurch gepragt, ob das Verfahrensergebnis in einem Kollegialakt oder in einer Mehrheit von Einzelerkenntnissen besteht.Abgesehen von Problemen der Mehrheitsbildung bei quantitativen oder qualitativen Divergenzen uber den Urteilstenor zwingt die Begrundungspflicht zur Findung von zugleich mehrheitsgetragenen wie stimmigen Urteilsgrunden. Dies fuhrt auf die Frage, ob die juristische Methode, die Singularmethode ist, nicht einer Erweiterung bedarf, die den Einigungsprozess im Richterkollegium einer nachvollziehbaren Methodik unterwirft.
An Essential History
Author: Peter Charles Hoffer,N. E. H. Hull
Publisher: Oxford University Press
There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."
How Raw Politics Tips the Scales in the United States Supreme Court
Author: James D. Zirin
Publisher: Rowman & Littlefield
Category: Political Science
On the eve of a presidential election that may determine the makeup of Supreme Court justices for decades to come, prominent attorney James D. Zirin argues that the Court has become increasingly partisan, rapidly making policy choices right and left on bases that have nothing to do with law or the Constitution. Zirin explains how we arrived at the present situation and looks at the current divide through its leading partisans, Justices Ruth Bader Ginsburg and Sonia Sotomayor on the left and Antonin Scalia and Clarence Thomas on the right. He also examines four of the Court’s most controversial recent decisions – Hobby Lobby, Obamacare, gay marriage, and capital punishment – arguing that these politicized decisions threaten to undermine public confidence in the Supreme Court.
Author: Tom Nichols
Publisher: Oxford University Press
Category: Education, Higher
People are now exposed to more information than ever before, provided both by technology and by increasing access to every level of education. These societal gains, however, have also helped fuel a surge in narcissistic and misguided intellectual egalitarianism that has crippled informed debates on any number of issues. Today, everyone knows everything: with only a quick trip through WebMD or Wikipedia, average citizens believe themselves to be on an equal intellectual footing with doctors and diplomats. All voices, even the most ridiculous, demand to be taken with equal seriousness, and any claim to the contrary is dismissed as undemocratic elitism. As Tom Nichols shows in The Death of Expertise, this rejection of experts has occurred for many reasons, including the openness of the internet, the emergence of a customer satisfaction model in higher education, and the transformation of the news industry into a 24-hour entertainment machine. Paradoxically, the increasingly democratic dissemination of information, rather than producing an educated public, has instead created an army of ill-informed and angry citizens who denounce intellectual achievement. Nichols has deeper concerns than the current rejection of expertise and learning, noting that when ordinary citizens believe that no one knows more than anyone else, democratic institutions themselves are in danger of falling either to populism or to technocracy-or in the worst case, a combination of both. The Death of Expertise is not only an exploration of a dangerous phenomenon but also a warning about the stability and survival of modern democracy in the Information Age.
Author: Casenotes,Casenote Legal Briefs
Publisher: Aspen Publishers Online
After your casebook,Casenote Legal Briefs will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. Casenotes Features: ;Keyed to specific casebooks by title/author ;Most current briefs available ;Redesigned for greater student accessibility ;Sample brief with element descriptions called out ;Redesigned chapter opener provides rule of law and page number for each brief ;Quick Course Outline chart included with major titles ;Revised glossary in dictionary format
Containing political, historical, geographical, scientifical, statistical, economical, and biographical documents, essays and facts: together with notices of the arts and manu factures, and a record of the events of the times.
Author: Emma Goldman
Publisher: Courier Corporation
Category: Social Science
Volume 2 of the candid, no-holds-barred account by foremost American anarchist Goldman continues with the fascinating story of her life, the anarchist movement, her famous contemporaries, and their influential ideas.