The Most Dangerous Branch

The Most Dangerous Branch

Author: David A. Kaplan

Publisher: Crown

Published: 2018-09-04

Total Pages: 489

ISBN-13: 1524759929

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In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. Brett Kavanaugh—replacing Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court—Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.


The Least Dangerous Branch

The Least Dangerous Branch

Author: Alexander M. Bickel

Publisher: Yale University Press

Published: 1986-09-10

Total Pages: 322

ISBN-13: 9780300173338

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This classic book on the role of the Supreme Court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court’s power. In this way he accomplishes his stated purpose: “to have the Supreme Court’s exercise of judicial review better understood and supported and more sagaciously used.” The book now includes new foreword by Henry Wellington.Reviews of the Earlier Edition:“Dozens of books have examined and debated the court’s role in the American system. Yet there remains great need for the scholarship and perception, the sound sense and clear view Alexander Bickel brings to the discussion.... Students of the court will find much independent and original thinking supported by wide knowledge. Many judges could read the book with profit.” -Donovan Richardson, Christian Science Monitor“The Yale professor is a law teacher who is not afraid to declare his own strong views of legal wrongs... One of the rewards of this book is that Professor Bickel skillfully knits in "ations from a host of authorities and, since these are carefully documented, the reader may look them up in their settings. Among the author’s favorites is the late Thomas Reed Powell of Harvard, whose wit flashes on a good many pages.” -Irving Dillard, Saturday ReviewAlexander M. Bickel was professor of law at Yale University.


Creating the Judicial Branch

Creating the Judicial Branch

Author: Robert W. Tobin

Publisher: iUniverse

Published: 2004

Total Pages: 0

ISBN-13: 0595322778

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"One thing is clear. Courts came alive in the twentieth century and made changes that could not have been envisioned as late as World War II." From Chapter 6 Creating the Judicial Branch: The Unfinished Reform describes and assesses a recent historical phenomenon, the creation of administratively and organizationally coherent judicial systems within state government. Before 1950, the state judicial branch of government existed mostly in concept, not in operational reality. After 1950, state judges, the organized bar, and many students of the judiciary took a hard look at the way state courts were organized and managed. They concluded that state courts, particularly the trial courts, were externally dominated, highly disorganized, often unprofessional, and poorly managed, to the point where the integrity of the state courts was being seriously undermined. State after state initiated court reforms and brought about many remarkable improvements. Courts were caught up in a reform wave that swept all three branches of state government but took a unique form in the courts. Unlike the executive and legislative branches, the state courts were not simply seizing management control of their own domain but literally creating a third branch of government. They sought this objective by integrating the various components of the state judiciary into a more coherent whole and generally upgrading the level of professionalism and the quality of justice.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


A Theory of the Executive Branch

A Theory of the Executive Branch

Author: Margit Cohn

Publisher: Oxford University Press, USA

Published: 2021-02-24

Total Pages: 353

ISBN-13: 0198821980

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This monograph offers a theoretical foundation of the executive branch in Western democracies and argues that the tension between dominance and submission is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of the substantive limitation of power.


The Judicial Branch of the Federal Government

The Judicial Branch of the Federal Government

Author: Brian Duignan Senior Editor, Religion and Philosophy

Publisher: The Rosen Publishing Group, Inc

Published: 2009-12-20

Total Pages: 345

ISBN-13: 1615300015

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The system of courts in the United States serves to enforce the laws of the nation as well as act as a check to make sure the other branches of government obey the powers set forth by the Constitution. Through a series of landmark court caseschronicled in this book with an explanation of their lasting impactthe judiciary has shaped the laws of the nation. Biographical sketches of important Supreme Court Justices and information about the powers of the judiciary are thoughtfully and thoroughly presented.


Institutions on the Edge

Institutions on the Edge

Author: Gretchen Helmke

Publisher: Cambridge University Press

Published: 2017-01-30

Total Pages: 307

ISBN-13: 1316889327

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Why does institutional instability pervade the developing world? Examining contemporary Latin America, Institutions on the Edge develops and tests a novel argument to explain why institutional crises emerge, spread, and repeat in some countries, but not in others. The book draws on formal bargaining theories developed in the conflict literature to offer the first unified micro-level account of inter-branch crises. In so doing, Helmke shows that concentrating power in the executive branch not only fuels presidential crises under divided government, but also triggers broader constitutional crises that cascade on to the legislature and the judiciary. Along the way, Helmke highlights the importance of public opinion and mass protests, and elucidates the conditions under which divided government matters for institutional instability.


Supreme Inequality

Supreme Inequality

Author: Adam Cohen

Publisher: Penguin

Published: 2021-02-23

Total Pages: 458

ISBN-13: 0735221529

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“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.