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Author: Charles Gardner Geyh
Publisher: Oxford University Press
Published: 2016
Total Pages: 215
ISBN-13: 0190233494
DOWNLOAD EBOOKIn recent decades, the American judiciary has undergone a political transformation that jeopardizes the rule of law paradigm that the courts have embraced for centuries. Courting Peril describes that transformation, explores its implications, and proposes a new way of thinking about the courts and their oversight.
Author: Geri Chavis
Publisher: Routledge
Published: 2020-10-07
Total Pages: 241
ISBN-13: 1000195546
DOWNLOAD EBOOKPeril and Protection in British Courtship Novels: A Study in Continuity and Change explores the use and context of danger/safety language in British courtship novels published between 1719 and 1920. The term "courtship novel" encompasses works focusing on both female and male protagonists’ journeys toward marriage, as well as those reflecting the intertwined nature of comic courtship and tragic seduction scenarios. Through careful tracking of peril and protection terms and imagery within the works of widely-read, influential authors, Professor Chavis provides a fresh view of the complex ways that the British novel has both maintained the status quo and embodied cultural change. Lucid discussions of each novel, arranged in chronological order, shed new light on major characters’ preoccupations, values, internal struggles, and inter-actional styles and demonstrate the ways in which gender ideology and social norms governing male-female relationships were not only perpetuated but also challenged and satirized during the course of the British novel’s development. Blending close textual analysis with historical/cultural and feminist criticism, this multi-faceted study invites readers to look with both a microscopic lens at the nuances of figurative and literal language and a telescopic lens at the ways in which modifications to views of masculinity and femininity and interactions within the courtship arena inform the novel genre’s evolution.
Author: Charles Benjamin Schudson
Publisher: University of Wisconsin Press
Published: 2018-10-09
Total Pages: 285
ISBN-13: 0299320308
DOWNLOAD EBOOKWith experience as both a trial and appellate judge, Charles Benjamin Schudson knows the burdens on judges. With engaging candor, he takes readers behind the bench to probe judicial minds analyzing actual trials and sentencings—of abortion protesters, murderers, sex predators, white supremacists, and others. He takes us into chambers to hear judges forging appellate decisions about life and death, multimillion-dollar damages, and priceless civil rights. And, most significantly, he exposes the financial, political, personal, and professional pressures that threaten judicial ethics and independence. As political attacks on judges increase, Schudson calls for reforms to protect judicial independence and for vigilance to ensure justice for all. Independence Corrupted is invaluable for students and scholars, lawyers and judges, and all citizens concerned about the future of America's courts.
Author: Stephen Breyer
Publisher: Harvard University Press
Published: 2021-09-14
Total Pages: 113
ISBN-13: 0674269365
DOWNLOAD EBOOKA 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.
Author: Charles Gardner Geyh
Publisher: Oxford University Press
Published: 2019-02-14
Total Pages: 235
ISBN-13: 0190887168
DOWNLOAD EBOOKAn elected judiciary is virtually unique to the American experience and creates a paradox in a representative democracy. Elected judges take an oath to uphold the law impartially, which calls upon them to swear off the influence of the very constituencies they must cultivate in order to attain and retain judicial office. This paradox has given rise to perennially shrill and unproductive binary arguments over the merits and demerits of elected and appointed judiciaries, which this project seeks to transcend and reimagine. In Who Is to Judge?, judicial politics expert Charles Gardner Geyh exposes and explains the overstatements of both sides in the judicial selection debate. When those exaggerations are understood as such, it becomes possible to search for common ground and its limits. Ultimately, this search leads Geyh to conclude that, while appointive systems are a preferable default, no one system of selection is best for all jurisdictions at all times.
Author: Catherine L. Grant
Publisher: Georgetown University Press
Published: 2023-06
Total Pages: 341
ISBN-13: 1647123399
DOWNLOAD EBOOKA new framework contextualizes crucial international security issues at sea in the Indo-Pacific Competition at sea is once again a central issue of international security. Nowhere is the urgency to address state-on-state competition at sea more strongly felt than in the Indo-Pacific region, where freedom of navigation is challenged by regional states' continuous investments in naval power, and the renewed political will to use it to undermine its principles. The New Age of Naval Power in the Indo-Pacific provides an original framework in which five "factors of influence" explain how and why naval power matters in this pivotal part of the world. An international group of contributors make the case that these five factors draw upon a longstanding influence of naval power on regional dynamics and impact the extent to which different states in the region use naval power: the capacity to exert control over sea-lanes, the capacity to deploy a nuclear deterrent at sea, the capacity to implement the law of the sea in an advantageous way, the ability to control marine resources, and the capacity for technological innovation. The New Age of Naval Power in the Indo-Pacific offers a fresh approach for academics and policy makers seeking to navigate the complexity of maritime security and regional affairs.
Author: Ceri Warnock
Publisher: Bloomsbury Publishing
Published: 2021-01-07
Total Pages: 221
ISBN-13: 1509940081
DOWNLOAD EBOOKThe global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated.
Author: Kate Dent
Publisher: Taylor & Francis
Published: 2023-07-28
Total Pages: 211
ISBN-13: 100091755X
DOWNLOAD EBOOKLawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.
Author: Jocelyn Green
Publisher: Moody Publishers
Published: 2015-03-01
Total Pages: 1488
ISBN-13: 0802493408
DOWNLOAD EBOOKThis set includes all four books of the Heroines Behind the Lines Series: Wedded to War, Widow of Gettysburg, Yankee in Atlanta, and Spy of Richmond. The Heroines Behind the Lines Series highlights the crucial contributions made by women during the Civil War. In Wedded to War, Charlotte chooses a life of service over privilege, just as her childhood friend had done when he became a military doctor. She soon discovers that she’s combatting more than just the rebellion by becoming a nurse. Will the two men who love her simply stand by and watch as she fights her own battles? Or will their desire for her wage war on her desire to serve God? In Widow of Gettysburg, the farm of Union widow Liberty Holloway is disfigured into a Confederate field hospital, bringing her face to face with unspeakable suffering—and a Confederate scout who awakens her long dormant heart. Will Liberty be defined by the tragedy in her life, or will she find a way to triumph over it? In Yankee in Atlanta, soldier Caitlin McKae wakes up in Atlanta after being wounded in battle. The Georgian doctor who treated her believed Caitlin's only secret was that she had been fighting for the Confederacy disguised as a man. To avoid arrest or worse, Caitlin hides her true identity and makes a new life for herself in Atlanta. When Sherman’s troops edge closer to Atlanta, Caitlin tries to escape north, but is arrested on charges of being a spy. Will honor dictate that Caitlin follow the rules, or love demand that she break them? In Spy of Richmond, Union loyalist Sophie Kent attempts to end the war from within the Confederate capital, but she can’t do it alone. As Sophie’s spy network grows, she walks a tightrope of deception, using her father’s position as newspaper editor and a suitor’s position in the ordnance bureau. When her espionage endangers the people she loves, she's forced to make a life-and-death gamble.
Author: Isaac Weiner
Publisher: NYU Press
Published: 2019-07-02
Total Pages: 318
ISBN-13: 1479891398
DOWNLOAD EBOOKOffers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.
