US Supreme Court Doctrine in the State High Courts
US Supreme Court Doctrine in the State High Courts

Author: Michael P. Fix

Publisher: Cambridge University Press

Published: 2020-08-20

Total Pages: 209

ISBN-13: 1108864872

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US Supreme Court Doctrine in the State High Courts challenges theoretical and empirical accounts about how state high courts use US Supreme Court doctrine and precedent. Michael Fix and Benjamin Kassow argue that theories that do not account for the full range of ways in which state high courts can act are, by definition, incomplete. Examining three important precedents – Atkins v. Virginia, Lemon v. Kurtzman, and DC v. Heller/McDonald v. Chicago – Fix and Kassow find that state high courts commonly ignore Supreme Court precedent for reasons of political ideology, path dependence, and fact patterns in cases that may be of varying similarity to those found in relevant US Supreme Court doctrine. This work, which provides an important addition to the scholarly literature on the impact of Supreme Court decisions, should be read by anyone interested in law and politics or traditional approaches to the study of legal decision-making.

The Second Amendment on Trial
The Second Amendment on Trial

Author: Saul Cornell

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781558499942

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On the final day of its 2008 term, a sharply divided U.S. Supreme Court issued a 5-to-4 decision striking down the District of Columbia's stringent gun control laws as a violation of the Second Amendment. Reversing almost seventy years of settled precedent, the high court reinterpreted the meaning of the "right of the people to keep and bear arms" to affirm an individual right to own a gun in the home for purposes of self-defense. The landmark ruling not only opened a new chapter in the contentious history of gun rights and gun control but also revealed both the strengths and problems of originalist constitutional theory and jurisprudence. This volume brings together some of the best scholarship on the Heller case, with essays by legal scholars and historians representing a range of ideological viewpoints and applying different interpretive frameworks. Following the editors' introduction, which describes the issues involved and the arguments on each side, the essays are organized into four sections. The first includes two of the most important historical briefs filed in the case, while the second offers different views of the role of originalist theory. Section three presents opposing interpretations of the ruling and its relationship to modern constitutional doctrine. The final section explores historical research post-Heller, including new findings on patterns of gun ownership in colonial and Revolutionary America. In addition to the editors, contributors include Nelson Lund, Joyce Lee Malcolm, Jack Rakove, Reva B. Siegel, Cass R. Sunstein, Kevin M. Sweeney, and J. Harvie Wilkinson III.

Calmly to Poise the Scales of Justice
Calmly to Poise the Scales of Justice

Author: Jeffrey Brandon Morris

Publisher:

Published: 2001

Total Pages: 456

ISBN-13:

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This is the first full-scale history of two of the nation's most important courts: the U.S. Court of Appeals for the District of Columbia Circuit (often called the nation's "second most important court") and the U.S. District Court for the District of Columbia. The Court of Appeals has become the undisputed chief tribunal for administrative law in the United States and is the court to which Presidents often look when appointing Supreme Court justices. The District Court has become the principal venue for oversight of the executive branch of the federal government. Morris considers the factors that have influenced the development of each court; portrays the most influential of their judges; and considers the most important decisions and cases lines of each court.

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.

The Making of a Justice
The Making of a Justice

Author: Justice John Paul Stevens

Publisher: Little, Brown

Published: 2019-05-14

Total Pages: 1336

ISBN-13: 0316489670

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A "timely and hugely important" memoir of Justice John Paul Stevens's life on the Supreme Court (New York Times). When Justice John Paul Stevens retired from the Supreme Court of the United States in 2010, he left a legacy of service unequaled in the history of the Court. During his thirty-four-year tenure, Justice Stevens was a prolific writer, authoring more than 1000 opinions. In The Making of a Justice, he recounts his extraordinary life, offering an intimate and illuminating account of his service on the nation's highest court. Appointed by President Gerald Ford and eventually retiring during President Obama's first term, Justice Stevens has been witness to, and an integral part of, landmark changes in American society during some of the most important Supreme Court decisions over the last four decades. With stories of growing up in Chicago, his work as a naval traffic analyst at Pearl Harbor during World War II, and his early days in private practice, The Making of a Justice is a warm and fascinating account of Justice Stevens's unique and transformative American life.

Before the Fall
Before the Fall

Author: William Gardner

Publisher: Routledge

Published: 2017-09-29

Total Pages: 492

ISBN-13: 1351314580

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William Safire was a speechwriter for Richard Nixon from 1968 to 1973. During that time, as a Washington insider, Safire was able to observe the thirty-seventh president in his entirety: as noble and mean-spirited; as good and bad; as a man desirous of greatness. Rarely has there been a White House memoir more intimate or revealing in its exploration of the great events that took place "before the fall" of Watergate. In this anecdotal history, Nixon and his associates come alive, not as caricatures, but as men with high and low purpose: Henry Kissinger, William Rogers, H. R. (Bob) Haldeman, John Ehrlichman, Charles Colson, and Arthur Burns struggle not just for power, but for ideals. As William Safire says in his Prologue: "In this memoir, which is neither a biography of [Nixon] nor an autobiography of me nor a narrative history of our times, there is an attempt to figure out what was good and bad about him, what he was trying to do and how well he succeeded, how he used and affected some of the people around him, and an effort not to lose sight of all that went right in examining what went wrong." The book is divided into ten sections, in which run three main themes: the President, the Partisan, and the Person. As a president, Safire discusses Nixon and the Vietnam War, foreign policy, economics, and race relations. As a partisan, he discusses Nixon's attempt to form an alignment across party lines, successful in many respects before the president tolerated the excesses that eventually corrupted his administration. And as a person, Safire finds that Nixon was a mixture of Woodrow Wilson, Machiavelli, Theodore Roosevelt, and Shakespeare's Cassius--an idealistic conniver evoking the strenuous life while he thinks too much. This paperback edition of a classic primary source for historians includes a new introduction by its author. Studded with direct quotations that put the reader in the room where history was being made, Before the Fall is a realistic, shades-of-gray study of the Nixon years.