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Deciding To Decide

Author : H. W. Perry
ISBN : 0674042069
Genre : Political Science
File Size : 70.83 MB
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Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.
Category: Political Science

Judicial Politics In The United States

Author : Mark C. Miller
ISBN : 9780429962158
Genre : Political Science
File Size : 22.9 MB
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Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
Category: Political Science

Europ Ische Gerichtsbarkeit Auf Dem Gebiet Des Zivilrechts

Author : Hannes Rösler
ISBN : 3161518705
Genre : Law
File Size : 58.12 MB
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English summary: How does the interaction between national and European courts function in private law? Is there sufficient compliance with the demands of a civil law increasingly influenced by European law? Is the judicial and procedural law effective enough in order to implement European Union law? Hannes Rosler analyses the present situation and the reform options of the judicial system of the European Union from the standpoint of private law and with the aid of interdisciplinary approaches. German description: Hannes Rosler nimmt die Uberlastung des Gerichtshofs der Europaischen Union und die wachsende Kritik der Privatrechtswissenschaft an dessen Rechtsprechung zum Anlass, der Zusammenarbeit zwischen mitgliedstaatlichen und europaischen Gerichten mitsamt ihren institutionellen, rechtsstaatlichen und foderalen Strukturprinzipen erstmals eine breit angelegte Arbeit zu widmen. Dazu werden Erkenntnisse aus Politikwissenschaft, Soziologie und Okonomie fruchtbar gemacht und die Nutzung des Vorabentscheidungsverfahrens durch die nationalen Gerichte empirisch ausgewertet. Hannes Rosler spricht sich fur den Ausbau und fur eine Spezialisierung der Unionsgerichtsbarkeit aus. Ausserdem analysiert er den Einfluss der nationalen Prozessrechts- und Justizordnungen auf die Anwendung des Unionsrechts in den Mitgliedstaaten, die Anforderungen an die Effektivitat des Unionsrechtsschutzes und die Notwendigkeit weiterer Harmonisierung des Internationalen Privat- und Zivilverfahrensrechts.Fur diese Arbeit wurde der Autor mit dem Kurt-Hartwig-Siemers-Wissenschaftspreis 2013 der Hamburgischen Wissenschaftlichen Stiftung ausgezeichnet.
Category: Law

Social Policy And Policymaking By The Branches Of Government And The Public At Large

Author : Theodore J. Stein
ISBN : 023152918X
Genre : Political Science
File Size : 70.62 MB
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An essential resource for students of social policy and social welfare as well as for social welfare practitioners and other human services professionals, this text examines the policymaking activity of the different branches of the American government and of the public-at-large as well as the interactions between the branches of government and the general public in the formation and implementation of social policy. In addition to examining the role of the legislative and executive branches of government, Theodore J. Stein covers the often-overlooked role of the judiciary in policymaking. He addresses the ways social welfare practitioners should interpret (1) conflicting judicial rulings in cases where courts of equal jurisdiction rule differently on the same matter and (2) judicial rulings that signal significant changes in the law. The book looks at politics, practice, and implementation and provides a historical background of social policy and social work practice plus a wealth of descriptive and analytic information concerning policymaking processes, specific social policies, and the effect of social policy on social programs.
Category: Political Science

American Constitutional Law

Author : Donald P. Kommers
ISBN : 0742526887
Genre : Political Science
File Size : 25.52 MB
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A course on constitutional law and civil liberties can be and is nothing less than an extended inquiry into the meaning of America. American Constitutional Law: Volume 1 Governmental Powers and Democracy, newly revised by Donald P. Kommers, John E. Finn, and Gary J. Jacobsohn, is a casebook made for such an inquiry. True to the liberal arts tradition from which it emerges, it goes beyond the facts and rulings of the great cases in American constitutional law to engage important issues of political theory and the nature of our constitutional democracy. Although the focus is on American constitutional law, Kommers, Finn, and Jacobsohn break new ground by incorporating comparative materials that enrich the study of the American Constitution by challenging the reader to assess American constitutional values in light of other traditions and understandings of constitutional governance. In an era of constitutional globalization, this new edition of a distinguished text is essential to an appreciation of tradition and diversity.Volume 1 focuses on governmental structures and relationships and includes a new chapter on elections and political representation.
Category: Political Science

Judicial Review Of National Security

Author : David Scharia
ISBN : 9780199393381
Genre : Political Science
File Size : 77.93 MB
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In recent years, countries around the world introduced numerous national security programs and military campaigns. Despite the complex legal questions they raise, very few of these measures have been the subject of rigorous judicial review. Nevertheless, the absence of real-time review has had an enormous effect on human rights, rule of law, and on national security. The Supreme Court of Israel provides an excellent case study of a different approach, which allows judges to assess military action in real-time and to issue non-binding results of their evaluation. This raises the question: How was the Court actually able to uphold this challenge? In Judicial Review of National Security, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review. This book aims to show that if one Supreme Court was able to provide rigorous judicial review of national security in real-time, then we should reconsider the conventional wisdom regarding the limits of judicial review of national security.
Category: Political Science

Conducting Law And Society Research

Author : Simon Halliday
ISBN : 9780521895910
Genre : Law
File Size : 85.10 MB
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This book provides students and scholars with a candid look at how empirical research projects actually happen. Focusing on the interdisciplinary Law and Society field, more than twenty interviews with authors of classic projects - from sociology, anthropology, psychology, political science, law, and history - the chapters are unique in their honesty. They help readers to understand the choices, challenges, and uncertainty that go into even some of the best research projects.
Category: Law

The Supreme Court

Author : Lawrence Baum
ISBN : UCAL:B4461118
Genre : Law
File Size : 75.2 MB
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The Supreme Court provides a complete concise guide to how the Supreme Court operates today -- appropriate for all readers from novices to experts in the field. Baum examines how the Court determines which cases it accepts for decision, its decision-making process, the policies it makes, and the impact of its decisions on American society. This new edition highlights: the Court's move to the political center -- especially the influence of Breyer, Ginsburg and Souter; important trends in the Court's operations and decision making; and Web access to Court decisions.
Category: Law

American Courts

Author : Lawrence Baum
ISBN : STANFORD:36105063273648
Genre : Political Science
File Size : 34.5 MB
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Scholar Lawrence Baum presents thorough descriptions of the courts and their activities with clear, engaging prose to foster student interest. Comprehensive and current, the text offers explanations of what the courts do, how officers of the court perform their duties, and how the judicial branch relates to the rest of the political system.
Category: Political Science