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Author: Paola Ugolini
Publisher: University of Toronto Press
Published: 2020
Total Pages: 310
ISBN-13: 1487505442
DOWNLOAD EBOOKThe Court and Its Critics focuses on the disillusionment with courtliness, the derision of those who live at court, and the open hostility toward the court, themes common to Renaissance culture.
Author: Gerald N. Rosenberg
Publisher: University of Chicago Press
Published: 2008-09-15
Total Pages: 541
ISBN-13: 0226726681
DOWNLOAD EBOOKIn follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Author: Spyridon Flogaitis
Publisher: Edward Elgar Publishing
Published: 2013-01-01
Total Pages: 241
ISBN-13: 178254612X
DOWNLOAD EBOOKThe European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Author: Kermit Roosevelt
Publisher: Yale University Press
Published: 2008-01-01
Total Pages: 272
ISBN-13: 0300129564
DOWNLOAD EBOOKConstitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
Author: Geoffrey R. Stone
Publisher: Oxford University Press, USA
Published: 2020-01-06
Total Pages: 241
ISBN-13: 019093820X
DOWNLOAD EBOOKFrom 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
Author: Patricia Popelier
Publisher:
Published: 2016
Total Pages: 0
ISBN-13: 9781780684017
DOWNLOAD EBOOKThe goal of the volume is to explore how widespread criticism of the European Court of Human Rights is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection.
Author: Kevin J. McMahon
Publisher: University of Chicago Press
Published: 2011-09-19
Total Pages: 358
ISBN-13: 0226561216
DOWNLOAD EBOOKMost analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.
Author: Rosa A. Eberly
Publisher: University of Illinois Press
Published: 2000
Total Pages: 228
ISBN-13: 9780252068676
DOWNLOAD EBOOKThe condition of our public discussions about literary and cultural works has much to say about the condition of our democracy and the author argues for more public discourse--in classrooms, newspapers, magazines, etc. to reclaim a public voice on national artistic matters. In this revealing study of the links among literature, rhetoric, and democracy, Rosa A. Eberly explores the public debate generated by amateur and professional readers about four controversial literary works: two that were censored in the United States and two that created conflict because they were not censored. In Citizen Critics Eberly compares the outrage sparked by the publication of James Joyce's Ulysses and Henry Miller's Tropic of Cancer with the relative quiescence that greeted the much more violent and sexually explicit content of Bret Easton Ellis's American Psychoand Andrea Dworkin's Mercy. Through a close reading of letters to the editor, reviews, media coverage, and court cases, Eberly shows how literary critics and legal experts defused censorship debates by shifting the focus from content to aesthetics and from social values to publicity. By asserting their authority to pass judgments--thus denying the authority of citizen critics--these professionals effectively removed the discussion from literary public spheres. A passionate advocate for treating reading as a public and rhetorical enterprise rather than solely as a private one, Eberly suggests the potential impact a work of literature may have on the social polity if it is brought into public forums for debate rather than removed to the exclusive rooms of literary criticism. Eberly urges educators to use their classrooms as protopublic spaces in which students can learn to make the transition from private reader to public citizen.
Author: James Boyd White
Publisher: University of Chicago Press
Published: 1994-10-17
Total Pages: 332
ISBN-13: 0226894967
DOWNLOAD EBOOKWhite extends his conception of United States law as a constitutive rhetoric shaping American legal culture that he proposed in When Words Lose Their Meaning, and asks how Americans can and should criticize this culture and the texts it creates. In determining if a judicial opinion is good or bad, he explores the possibility of cultural criticism, the nature of conceptual language, the character of economic and legal discourse, and the appropriate expectations for critical and analytic writing. White employs his unique approach by analyzing individual cases involving the Fourth Amendment of the United States constitution and demonstrates how a judge translates the facts and the legal tradition, creating a text that constructs a political and ethical community with its readers. "White has given us not just a novel answer to the traditional jurisprudential questions, but also a new way of reading and evaluating judicial opinions, and thus a new appreciation of the liberty which they continue to protect."—Robin West, Times Literary Supplement "James Boyd White should be nominated for a seat on the Supreme Court, solely on the strength of this book. . . . Justice as Translation is an important work of philosophy, yet it is written in a lucid, friendly style that requires no background in philosophy. It will transform the way you think about law."—Henry Cohen, Federal Bar News & Journal "White calls us to rise above the often deadening and dreary language in which we are taught to write professionally. . . . It is hard to imagine equaling the clarity of eloquence of White's challenge. The apparently effortless grace of his prose conveys complex thoughts with deceptive simplicity."—Elizabeth Mertz, Yale Journal of Law and the Humanities "Justice as Translation, like White's earlier work, provides a refreshing reminder that the humanities, despite the pummelling they have recently endured, can be humane."—Kenneth L. Karst, Michigan Law Review
Author: Stephen Hunt
Publisher: HarperCollins UK
Published: 2008-09-04
Total Pages: 12
ISBN-13: 0007279434
DOWNLOAD EBOOKA hugely engaging adventure set in a Victorian-style world – a fantastical version of Dickens – that will appeal to fans of Susanna Clarke and Philip Pullman. Two orphans are more than they seem. And one megalomaniac will stop at nothing to find them...
