Breaking the Deadlock

The 2000 Election, the Constitution, and the Courts

Author: Richard A. Posner

Publisher: Princeton University Press

ISBN: 9781400824281

Category: Political Science

Page: 288

View: 5131

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The 2000 Presidential election ended in a collision of history, law, and the courts. It produced a deadlock that dragged out the result for over a month, and consequences--real and imagined--that promise to drag on for years. In the first in-depth study of the election and its litigious aftermath, Judge Posner surveys the history and theory of American electoral law and practice, analyzes which Presidential candidate ''really'' won the popular vote in Florida, surveys the litigation that ensued, evaluates the courts, the lawyers, and the commentators, and ends with a blueprint for reforming our Presidential electoral practices. The book starts with an overview of the electoral process, including its history and guiding theories. It looks next at the Florida election itself, exploring which candidate ''really'' won and whether this is even a meaningful question. The focus then shifts to the complex litigation, both state and federal, provoked by the photo finish. On the basis of the pragmatic jurisprudence that Judge Posner has articulated and defended in his previous writings, this book offers an alternative justification for the Supreme Court's decision in Bush v. Gore while praising the Court for averting the chaotic consequences of an unresolved deadlock. Posner also evaluates the performance of the lawyers who conducted the post-election litigation and of the academics who commented on the unfolding drama. He argues that neither Gore's nor Bush's lawyers blundered seriously, but that the reaction of the legal professoriat to the litigation exposed serious flaws in the academic practice of constitutional law. While rejecting such radical moves as abolishing the Electoral College or creating a national ballot, Posner concludes with a detailed plan of feasible reforms designed to avoid a repetition of the 2000 election fiasco. Lawyers, political scientists, pundits, and politicians are waiting to hear what Judge Posner has to say. But this book is written for and will be welcomed by all who were riveted by the recent crisis of presidential succession.

Courts

A Comparative and Political Analysis

Author: Martin Shapiro

Publisher: University of Chicago Press

ISBN: 022616134X

Category: Law

Page: 256

View: 6871

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In this provocative work, Martin Shapiro proposes an original model for the study of courts, one that emphasizes the different modes of decision making and the multiple political roles that characterize the functioning of courts in different political systems.

Judicial Process: Law, Courts, and Politics in the United States

Author: David W. Neubauer,Stephen S. Meinhold

Publisher: Cengage Learning

ISBN: 1305506529

Category: Education

Page: 544

View: 3807

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Working within the framework of law and politics, JUDICIAL PROCESS: LAW, COURTS, AND POLITICS IN THE UNITED STATES combines detailed information about the major structures and processes of the American judiciary with an insider's understanding of the importance of courthouse dynamics. From the organization and procedures of the various courts to the current applications of specific laws, the 7th edition explores the roles and impact of the judicial system. Throughout the text, the authors not only explain what the legal rules are but also explore each rule's underlying assumptions, history, and goals, providing a complete and balanced look at the role of the judicial system today. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Courts, Judges, and Politics

Author: Lee Epstein, Dr.,C. Herman Pritchett,Jack Knight,Walter F Murphy

Publisher: McGraw-Hill Education

ISBN: 9780072977059

Category: Political Science

Page: 816

View: 3715

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This classic reader has been a best selling component of the Judicial Process/Judicial Politics/American Legal System course for years. The sixth edition has been thoroughly updated while retaining the features that made it attractive for so long: its effective structure, thorough coverage, narrative voice, choice of excerpts, and teaching flexibility.

Principles of Comparative Politics

Author: William Roberts Clark,Matt Golder,Sona Nadenichek Golder

Publisher: CQ Press

ISBN: 1506318118

Category: Political Science

Page: 888

View: 3922

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William Roberts Clark, Matt Golder, and Sona Nadenichek Golder’s groundbreaking Principles of Comparative Politics offers the most comprehensive and up-to-date introduction to comparative inquiry, research, and scholarship. In this thoroughly revised Third Edition, readers have an even better guide to cross-national comparison and why it matters. Readers are offered a new intuitive take on statistical analyses and a clearer explanation of how to interpret regression results; a thoroughly-revised chapter on culture and democracy that now includes a more extensive discussion of cultural modernization theory and a new overview of survey methods for addressing sensitive topics; and a revised chapter on dictatorships that incorporates a principal-agent framework for understanding authoritarian institutions. Examples from the gender and politics literature have been incorporated into various chapters and empirical examples and data on various types of institutions have been updated. The book's outstanding pedagogy includes more than 250 tables and figures, numerous photos and maps, end of chapter exercises and problem sets, and a broader set of works cited. New to this Edition A new intuitive take on statistical analyses and a clearer explanation of how to interpret regression results are included. A thoroughly-revised chapter on culture and democracy includes a more extensive discussion of cultural modernization theory and a new overview of survey methods for addressing sensitive topics. A revised chapter on dictatorships incorporates a principal-agent framework for understanding authoritarian institutions. Examples from the gender and politics literature have been incorporated into various chapters. Empirical examples and data on various types of institutions have been updated. Online videos and tutorials guide students through some of the methodological components addressed in the book.

Embedded Courts

Judicial Decision-Making in China

Author: Kwai Hang Ng,Xin He

Publisher: Cambridge University Press

ISBN: 1108420494

Category: Computers

Page: N.A

View: 2815

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A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.

Butterfly Politics

Author: Catharine A. MacKinnon

Publisher: Harvard University Press

ISBN: 0674416600

Category: Law

Page: 504

View: 9625

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The miniscule motion of a butterfly’s wings can trigger a tornado half a world away, according to chaos theory. Catharine A. MacKinnon’s collected work on gender inequality—including new pieces—argues that the right seemingly minor interventions in the legal realm can have a butterfly effect that generates major social and cultural transformations.

Crafting Courts in New Democracies

The Politics of Subnational Judicial Reform in Brazil and Mexico

Author: Matthew Ingram

Publisher: Cambridge University Press

ISBN: 1107117321

Category: Law

Page: 320

View: 6868

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This book explores the importance of local courts in enacting positive social and economic reform in Brazil and Mexico.

Commitment and Cooperation on High Courts

A Cross-Country Examination of Institutional Constraints on Judges

Author: Benjamin Alarie,Andrew J. Green

Publisher: Oxford University Press

ISBN: 0190466405

Category: Law

Page: 200

View: 7880

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Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.

Politics and the Courts

Toward a General Theory of Public Law

Author: Barbara M. Yarnold

Publisher: Praeger Publishers

ISBN: N.A

Category: Law

Page: 145

View: 5810

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In the public law area, it has been noted that judicial decisionmaking is not always objective, that the courts are not constrained by the law and the facts of the case, and that courts are actually policymakers influenced by extraneous factors having little to do with the legal and factual matters of a case. Yarnold argues that the public law area has discarded the traditional view of the judiciary as a passive interpreter of the law. She examines political and environmental variables that have been used to explain judicial outcomes and develops an original theory of public law explaining under what circumstances political variables impact court decisions, and when region, as an environmental variable, is related to judicial outcomes.

The View from the Bench and Chambers

Examining Judicial Process and Decision Making on the U.S. Courts of Appeals

Author: Jennifer Barnes Bowie,Donald R. Songer,John Szmer

Publisher: University of Virginia Press

ISBN: 0813936004

Category: Political Science

Page: 296

View: 528

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For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.

Ideas with Consequences

The Federalist Society and the Conservative Counterrevolution

Author: Amanda Hollis-Brusky

Publisher: Oxford University Press, USA

ISBN: 0199385521

Category: Political Science

Page: 252

View: 6143

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"There are few intellectual movements in American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization has now become the conservative legal establishment, and membership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It can claim 40,000 members, including four Supreme Court Justices, dozens of federal judges, and every Republican attorney general since its inception. But its power goes even deeper. In Ideas with Consequences, Amanda Hollis-Brusky, an expert on conservative legal movements, provides the first ever comprehensive documentation of how the Federalist Society exerts its influence. Drawing from a huge trove of documents, transcripts, and interviews, she presents a series of important legal questions and explains how the Federalist Society managed to revolutionize the jurisprudence for each one. Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level. With unparalleled research and analysis of some of the hottest political and judicial issues of our time, Ideas with Consequences is the essential guide to the Federalist Society at a time when its power has broader implications than ever"--

Courts and Democracies in Asia

Author: Po Jen Yap

Publisher: Cambridge University Press

ISBN: 1107192625

Category: Law

Page: 252

View: 8267

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This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.

Social Rights Judgments and the Politics of Compliance

Making it Stick

Author: Malcolm Langford,César Rodríguez-Garavito,Julieta Rossi

Publisher: Cambridge University Press

ISBN: 1108211224

Category: Political Science

Page: N.A

View: 7879

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The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions, and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.

The Choices Justices Make

Author: Lee Epstein,Jack Knight

Publisher: SAGE

ISBN: 148330485X

Category: Political Science

Page: 224

View: 8889

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The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court's public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices' papers animate the work.

Retained by the People

The "silent" Ninth Amendment and the Constitutional Rights Americans Don't Know They Have

Author: Daniel A. Farber

Publisher: Basic Books

ISBN: 0465022987

Category: Law

Page: 236

View: 1848

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Argues that the Supreme Court would do better to rely on the the Ninth Amendment when addressing issues regarding fundamental rights, rather than depending on the Constitution's due process clause.

The Oxford Handbook of State and Local Government

Author: Donald P. Haider-Markel

Publisher: OUP Oxford

ISBN: 0191611964

Category: Political Science

Page: 976

View: 5259

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The Oxford Handbook of State and Local Government is an historic undertaking. It contains a wide range of essays that define the important questions in the field, evaluate where we are in answering them, and set the direction and terms of discourse for future work. The Handbook will have a substantial influence in defining the field for years to come. The chapters critically assess both the key works of state and local politics literature and the ways in which the sub-field has developed. It covers the main areas of study in subnational politics by exploring the central contributions to the comparative study of institutions, behavior, and policy in the American context. Each chapter outlines an agenda for future research.

A More Perfect Constitution

Why the Constitution Must Be Revised: Ideas to Inspire a New Generation

Author: Larry J. Sabato

Publisher: Bloomsbury Publishing USA

ISBN: 9780802777560

Category: History

Page: 352

View: 3276

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A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system . Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service-all laced through with the history behind each proposal and the potential impact on the lives of ordinary people. Aware that such changes won't happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During a presidential election year, no book is more relevant or significant than this.

Corruption in America

From Benjamin Franklin's Snuff Box to Citizens United

Author: Zephyr Teachout

Publisher: Harvard University Press

ISBN: 0674745086

Category: Law

Page: 384

View: 1202

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When Louis XVI gave Ben Franklin a diamond-encrusted snuffbox, the gift troubled Americans: it threatened to corrupt him by clouding his judgment. By contrast, in 2010 the Supreme Court gave corporations the right to spend unlimited money to influence elections. Zephyr Teachout shows that Citizens United was both bad law and bad history.