Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the judicial branch, tend to make predominantly intuitive rather than predominantly deliberative decisions. This finding sheds new light on executive branch justice by suggesting that judicial intuition, not judicial independence, is the most significant challenge facing these important judicial officers.
“Hartmann delivers a full-throated indictment of the U.S. Supreme Court in this punchy polemic." —Publishers Weekly Thom Hartmann, the most popular progressive radio host in America and a New York Times bestselling author, explains how the Supreme Court has spilled beyond its Constitutional powers and how we the people should take that power back. Taking his typically in-depth, historically informed view, Thom Hartmann asks, What if the Supreme Court didn't have the power to strike down laws? According to the Constitution, it doesn't. From the founding of the republic until 1803, the Supreme Court was the final court of appeals, as it was always meant to be. So where did the concept of judicial review start? As so much of modern American history, it began with the battle between the Federalists and Anti-Federalists, and with Marbury v. Madison. Hartmann argues it is not the role of the Supreme Court to decide what the law is but rather the duty of the people themselves. He lays out the history of the Supreme Court of the United States, since Alexander Hamilton's defense to modern-day debates, with key examples of cases where the Supreme Court overstepped its constitutional powers. The ultimate remedy to the Supreme Court's abuse of power is with the people--the ultimate arbiter of the law--using the ballot box. America does not belong to the kings and queens; it belongs to the people.
THE TOP TEN SUNDAY TIMES BESTSELLER 'A powerful polemic' Sunday Times 'A compelling, eye-opening read' Daily Express – Did an illegal immigrant avoid deportation because he had a cat? – Is the law on the side of the burglar who enters your home? – Are unelected judges ‘enemies of the people’? Most of us think the law is only relevant to criminals, if we even think of it at all. But the law touches every area of our lives: from intimate family matters to the biggest issues in our society. Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge – worse, we risk letting them make us complicit. Thankfully, the Secret Barrister is back to reveal the stupidity, malice and incompetence behind many of the biggest legal stories of recent years. In Fake Law, the Secret Barrister debunks the lies and builds a defence against the abuse of our law, our rights and our democracy that is as entertaining as it is vital.
Jaime long ago gave up the desire to be loved. Now she only needs to be heard. Jaime Nichols went to law school to find the voice she never had as a child, and her determination to protect girls and women in the path of harm drives her in ways both spoken and unspoken. As Jaime, now a criminal defense attorney, prepares to press charges against someone who wronged her long ago, she must face not only her demons but also the unimaginable forces that protect the powerful man who tore her childhood apart. Chandler Bolton, a retired veteran, is tasked with helping a young victim who must testify in court—and along with his therapy dog, Aslan, he’s up for the task. When he first meets Jaime, all brains, beauty, and brashness, he can’t help but be intrigued. As Chandler works to break through the wall Jaime has built around herself, the two of them discover that they may have more to offer one another than they ever could have guessed—and that together, they may be able to help this endangered child. This thrilling installment of the Hidden Justice series explores the healing power of resolution and the weight of words given voice. And as Jaime pursues delayed justice of her own, she unearths eternal truths that will change the course of her life. “Delayed Justice will hold you to the end . . . A very timely story!” —Susan Page Davis, author of the Main Justice series “Delayed Justice is a timely and compelling legal thriller that will have you turning the pages in search for justice. Putman packs an emotional punch and tackles tough issues head on while demonstrating God’s redeeming love.” —Rachel Dylan, bestselling author of Deadly Proof Legal romantic suspense with inspirational elements Third book in the Hidden Justice series but can be enjoyed as a standalone Book length: approximately 93K words Includes discussion questions for book clubs
This volume is a collection of essays on the contentious issues of judicial independence and federal judicial selection, written by leading scholars from the disciplines of law, political science, history, economics, and sociology.
After the fall of the Porfirio Díaz regime, pueblo representatives sent hundreds of petitions to Pres. Francisco I. Madero, demanding that the executive branch of government assume the judiciary's control over their unresolved lawsuits against landowners, local bosses, and other villages. The Madero administration tried to use existing laws to settle land conflicts but always stopped short of invading judicial authority. In contrast, the two main agrarian reform programs undertaken in revolutionary Mexico--those implemented by Emiliano Zapata and Venustiano Carranza--subordinated the judiciary to the executive branch and thereby reshaped the postrevolutionary state with the support of villagers, who actively sided with one branch of government over another. In Matters of Justice Helga Baitenmann offers the first detailed account of the Zapatista and Carrancista agrarian reform programs as they were implemented in practice at the local level and then reconfigured in response to unanticipated inter- and intravillage conflicts. Ultimately, the Zapatista land reform, which sought to redistribute land throughout the country, remained an unfulfilled utopia. In contrast, Carrancista laws, intended to resolve quickly an urgent problem in a time of war, had lasting effects on the legal rights of millions of land beneficiaries and accidentally became the pillar of a program that redistributed about half the national territory.
Veteran author Cara Putman weaves tales of suspense and romance in these three legal thrillers now combined in one collection. Beyond Justice Hayden is on track to become the youngest partner in her prestigious DC law firm . . . If the case she’s just been handed doesn’t destroy her first. The longer she keeps the case active, the higher the stakes become. Unknown enemies seem determined to kill the case—or her. Logic and self-preservation indicate she should close the case. But how can she, when justice is still just beyond her reach? Imperfect Justice The police say the woman was a murderer. Emilie Wesley knows they can't be talking about her client . . . can they? Thrown together in the race to save her client's surviving daughter, Emilie and her client’s brother, Reid, pursue the constantly evasive truth. If they can hang on to hope together, can they save a young girl—and find a future for themselves in the process? Delayed Justice She had long given up the desire to be loved. Now she only needed to be heard. Jaime Nichols went to law school to find the voice she never had as a child, and her determination to protect girls and women in the path of harm drives her in ways both spoken and unspoken. As Jaime, now a criminal defense attorney, prepares to press charges against someone who wronged her long ago, she must face not only her demons but also the unimaginable forces that protect the powerful man who tore her childhood apart.
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
A U.S. senator, leading the fight against money in politics, chronicles the long shadow corporate power has cast over our democracy In Captured, U.S. Senator and former federal prosecutor Sheldon Whitehouse offers an eye-opening take on what corporate influence looks like today from the Senate Floor, adding a first-hand perspective to Jane Mayer’s Dark Money. Americans know something is wrong in their government. Senator Whitehouse combines history, legal scholarship, and personal experiences to provide the first hands-on, comprehensive explanation of what's gone wrong, exposing multiple avenues through which our government has been infiltrated and disabled by corporate powers. Captured reveals an original oversight by the Founders, and shows how and why corporate power has exploited that vulnerability: to strike fear in elected representatives who don’t “get right” by threatening million-dollar "dark money" election attacks (a threat more effective and less expensive than the actual attack); to stack the judiciary—even the Supreme Court—in "business-friendly" ways; to "capture” the administrative agencies meant to regulate corporate behavior; to undermine the civil jury, the Constitution's last bastion for ordinary citizens; and to create a corporate "alternate reality" on public health and safety issues like climate change. Captured shows that in this centuries-long struggle between corporate power and individual liberty, we can and must take our American government back into our own hands.
