The Myth Of The Imperial Judiciary
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📒The Myth Of The Imperial Judiciary ✍ Mark Kozlowski
✏The Myth of the Imperial Judiciary Book Summary : Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.
📒Law As A Means To An End ✍ Brian Z. Tamanaha
✏Law as a Means to an End Book Summary : The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
✏An Imperial Judiciary Book Summary :
✏America s Prophets How Judicial Activism Makes America Great Book Summary : America's Prophets: How Judicial Activism Makes America Great fills a major void in the popular literature by providing a thorough definition and historical account of judicial activism and by arguing that it is a method of prophetic adjudication which is essential to preserving American values. Dow confounds the allegation of the Christian right that judicial activism is legally and morally unsound by tracing the roots of American judicial activism to the methods of legal and moral interpretation developed by the prophets of the Hebrew Bible. He claims that Isaiah, Amos, and Jesus are archetypal activist judges and, conversely, that modern activist judges are America's prophets. Dow argues that judicial restraint is a priestly method of adjudication and that it, not judicial activism, is the legally and morally unsound method. Race and gender discrimination, separation of church and state, privacy rights, and same-sex marriage are all issues that have divided our nation and required judicial intervention. Every time the courts address a hot-button issue and strike down entrenched bias or bigotry, critics accuse the justices of being judicial activists, whose decisions promote their personal biases and flout constitutional principles. This term, despite its widespread currency as a pejorative, has never been rigorously defined. Critics of judicial activism properly point out that when judges overturn laws that enforce popular norms they thwart the will of the majority. But Dow argues that so-called activist judges uphold two other American legal values that are as deeply embedded in American legal culture as majoritarianism: liberty and equality. He challenges the notion that judicial activism is unprincipled, and he provides a vocabulary and historical context for defending progressive decisions.
📒Courts Without Borders ✍ Tonya L. Putnam
✏Courts without Borders Book Summary : This book is about the US politics and law of judicial extraterritoriality and how it influences international rule making and enforcement.
📒Congressional Record ✍ United States. Congress
✏Congressional Record Book Summary : The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
📒The Myth Of 1648 ✍ Benno Teschke
✏The Myth of 1648 Book Summary : The Treaty of Westphalia in 1648 is widely interpreted as the foundation of modern international relations. Benno Teschke exposes this as a myth. In the process he provides a fresh re-interpretation of the making of modern international relations from the eighth to the eighteenth century. Inspired by the groundbreaking historical work of Robert Brenner, Teschke argues that social property relations provide the key to unlocking the changing meaning of 'international' across the medieval, early modern, and modern periods. He traces how the long-term interaction of class conflict, economic development, and international rivalry effected the formation of the modern system of states. Yet instead of identifying a breakthrough to interstate modernity in the so-called 'long sixteenth century' or in the period of intensified geopolitical competition during the seventeenth century, Teschke shows that geopolitics remained governed by dynastic and absolutist political communities, rooted in feudal property regimes. The Myth of 1648 argues that the onset of specifically modern international relations only began with the conjunction of the rise of capitalism and modern state-formation in England. Thereafter, the English model caused the restructuring of the old regimes of the Continent. This was a long-term process of socially uneven development, not completed until World War I.
📒Law And Society ✍ Steven Vago
✏Law and Society Book Summary : Law and Society 9th edition provides an informative, balanced and comprehensive analysis of the interplay between law and society. This text presents an overview of the most advanced interdisciplinary and international research, theoretical advances, ongoing debates and controversies. It raises new levels of awareness on the structure and functions of law and legal systems and the principal players in the legal arena and their impact on our lives.
📒Reforming The Court ✍ Roger C. Cramton
✏Reforming the Court Book Summary : The Supreme Court today exercises power over the lives of citizens that, in important respects, exceeds that of other branches of the federal government. Life-tenured justices wield this enormous power for two or three decades and the only process that provides some accountability to the people occurs as new appointments regenerate the Court. Because justices now serve so long, that process occurs only rarely and irregularly and may be affected by a justice's desire to have a successor appointed by a like-minded president. Some presidents have great influence on the Court's future decisions by the happenstance that they receive three or more appointments; other presidents have little or no influence because no vacancies arise during their terms. This collection of essays by eminent legal scholars provides a comprehensive, balanced, and compelling examination of a largely neglected, but very important, subject. What are the harmful consequences of the lengthening tenure of Supreme Court justices? Do those consequences suggest that reform is necessary or desirable? Can the problem be remedied by congressional enactments or is a constitutional amendment required?
📒America S Three Regimes ✍ Morton Keller
✏America s Three Regimes Book Summary : Hailed in The New York Times Book Review as "the single best book written in recent years on the sweep of American political history," this groundbreaking work divides our nation's history into three "regimes," each of which lasts many, many decades, allowing us to appreciate as never before the slow steady evolution of American politics, government, and law. The three regimes, which mark longer periods of continuity than traditional eras reflect, are Deferential and Republican, from the colonial period to the 1820s; Party and Democratic, from the 1830s to the 1930s; and Populist and Bureaucratic, from the 1930s to the present. Praised by The Economist as "a feast to enjoy" and by Foreign Affairs as "a masterful and fresh account of U.S. politics," here is a major contribution to the history of the United States--an entirely new way to look at our past, our present, and our future--packed with provocative and original observations about American public life.