This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
The views of leading African American jurists from around the country on the way our judicial system works. Included is an interview with Abigail R. Rogers, South Carolina's first female African American judge.
“Like Curt Flood and Oscar Robertson, who paved the way for free agency in sports, Ed O’Bannon decided there was a principle at stake... O’Bannon gave the movement to reform college sports...passion and purpose, animated by righteous indignation.” —Jeremy Schaap, ESPN journalist and New York Times bestselling author In 2009, Ed O’Bannon, once a star for the 1995 NCAA Champion UCLA Bruins and a first-round NBA draft pick, thought he’d made peace with the NCAA’s exploitive system of “amateurism.” College athletes generated huge profits, yet—training nearly full-time, forced to tailor coursework around sports, often pawns in corrupt investigations—they saw little from those riches other than revocable scholarships and miniscule chances of going pro. Still, that was all in O’Bannon’s past...until he saw the video game NCAA Basketball 09. As avatars of their college selves—their likenesses, achievements, and playing styles—O’Bannon and his teammates were still making money for the NCAA. So, when asked to fight the system for players past, present, and future—and seeking no personal financial reward, but rather the chance to make college sports more fair—he agreed to be the face of what became a landmark class-action lawsuit. Court Justice brings readers to the front lines of a critical battle in the long fight for players’ rights while also offering O’Bannon’s unique perspective on today’s NCAA recruiting scandals. From the basketball court to the court of law facing NCAA executives, athletic directors, and “expert” witnesses; and finally to his innovative ideas for reform, O’Bannon breaks down history’s most important victory yet against the inequitable model of multi-billion-dollar “amateur” sports.
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Through internal court documents, interviews, and Arnold's diaries, Price traces the former judge's life, career, and political transformation from an elite Southerner with deep misgivings about "Brown v. Board of Education" to a modern champion of civil rights.
NEW YORK TIMES BESTSELLER • Justice Neil Gorsuch reflects on his journey to the Supreme Court, the role of the judge under our Constitution, and the vital responsibility of each American to keep our republic strong. As Benjamin Franklin left the Constitutional Convention, he was reportedly asked what kind of government the founders would propose. He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution. Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today. Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic. A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.”
How are sentences for Federal, State, and Local crimes determined in the United States? Is this process fairly and justly applied to all concerned? How have reforms affected the process over the last 25 years? This text for advanced undergraduate students in criminal justice programs seeks to answer these questions.
Presents eight significant Supreme Court cases, allowing readers to decide the ruling for each situation, and then describes the actual decisions and their results for each case
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
