In the Balance: Law and Politics on the Roberts Court


Author: Mark Tushnet
Publisher: W. W. Norton & Company
ISBN: 0393241432
Category: Law
Page: 352
View: 6872
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An examination of the initial years of the Roberts Court and the intellectual battle between Roberts and Kagan for leadership. When John Roberts was appointed chief justice of the Supreme Court, he said he would act as an umpire. Instead, his Court is reshaping legal precedent through decisions unmistakably—though not always predictably—determined by politics as much as by law, on a Court almost perfectly politically divided. Harvard Law School professor and constitutional law expert Mark Tushnet clarifies the lines of conflict and what is at stake on the Supreme Court as it hangs “in the balance” between its conservatives and its liberals. Clear and deeply knowledgeable on both points of law and the Court’s key players, Tushnet offers a nuanced and surprising examination of the initial years of the Roberts Court. Covering the legal philosophies that have informed decisions on major cases such as the Affordable Care Act, the political structures behind Court appointments, and the face-off between John Roberts and Elena Kagan for intellectual dominance of the Court, In the Balance is a must-read for anyone looking for fresh insight into the Court’s impact on the everyday lives of Americans.

Making Law and Courts Research Relevant

The Normative Implications of Empirical Research
Author: Brandon L. Bartels,Chris W. Bonneau
Publisher: Routledge
ISBN: 1317693450
Category: Political Science
Page: 242
View: 5811
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One of the more enduring topics of concern for empirically-oriented scholars of law and courts—and political scientists more generally—is how research can be more directly relevant to broader audiences outside of academia. A significant part of this issue goes back to a seeming disconnect between empirical and normative scholars of law and courts that has increased in recent years. Brandon L. Bartels and Chris W. Bonneau argue that being attuned to the normative implications of one’s work enhances the quality of empirical work, not to mention makes it substantially more interesting to both academics and non-academic practitioners. Their book’s mission is to examine how the normative implications of empirical work in law and courts can be more visible and relevant to audiences beyond academia. Written by scholars of political science, law, and sociology, the chapters in the volume offer ideas on a methodology for communicating normative implications in a balanced, nuanced, and modest manner. The contributors argue that if empirical work is strongly suggestive of certain policy or institutional changes, scholars should make those implications known so that information can be diffused. The volume consists of four sections that respectively address the general enterprise of developing normative implications of empirical research, law and decisionmaking, judicial selection, and courts in the broader political and societal context. This volume represents the start of a conversation on the topic of how the normative implications of empirical research in law and courts can be made more visible. This book will primarily interest scholars of law and courts, as well as students of judicial politics. Other subfields of political science engaging in empirical research will also find the suggestions made in the book relevant.

Uncertain Justice

The Roberts Court and the Constitution
Author: Laurence Tribe,Joshua Matz
Publisher: Henry Holt and Company
ISBN: 0805099131
Category: Political Science
Page: 416
View: 1044
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With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.

The New Roberts Court, Donald Trump, and Our Failing Constitution


Author: Stephen M. Feldman
Publisher: Springer
ISBN: 331956451X
Category: Political Science
Page: 274
View: 2476
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This book traces the evolution of the constitutional order, explaining Donald Trump’s election as a symptom of a degraded democratic-capitalist system. Beginning with the framers’ vision of a balanced system—balanced between the public and private spheres, between government power and individual rights—the constitutional order evolved over two centuries until it reached its present stage, Democracy, Inc., in which corporations and billionaires wield herculean political power. The five conservative justices of the early Roberts Court, including the late Antonin Scalia, stamped Democracy, Inc., with a constitutional imprimatur, contravening the framers’ vision while simultaneously claiming to follow the Constitution’s original meaning. The justices believed they were upholding the American way of life, but they instead placed our democratic-capitalist system in its gravest danger since World War II. With Neil Gorsuch replacing Scalia, the new Court must choose: Will it follow the early Roberts Court in approving and bolstering Democracy, Inc., or will it restore the crucial balance between the public and private spheres in our constitutional system?

Property Rights and the Constitution

Shaping Society Through Land Use Regulation
Author: Dennis J. Coyle
Publisher: SUNY Press
ISBN: 1438400004
Category: Political Science
Page: 382
View: 7874
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Controversies over public regulation of private land have dominated political agendas in recent years, especially at the local level. Land use and environmental regulation have reached unprecedented levels, and federal and state courts have garnered recent headlines by striking down regulations. Rights and regulations are on a collision course, and how they are reconciled will have a major impact on individuals, governments, and communities in the decades ahead. This book is the first systematic attempt to assess key constitutional developments in the land use field during the last decade in state and federal supreme courts. It highlights important trends, including the growing role of state supreme courts, attacks on regulation as exclusionary, and the emergence of the takings clause of the Fifth Amendment as a potentially major limitation on governmental power.

Edinburgh Companion to the History of Democracy


Author: Benjamin Isakhan
Publisher: Edinburgh University Press
ISBN: 0748653686
Category: History
Page: 384
View: 9620
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Re-examines the long and complex history of democracy and broadens the traditional view of this history by complementing it with examples from unexplored or under-examined quarters.

Intermediaries, Interpreters, and Clerks

African Employees in the Making of Colonial Africa
Author: Benjamin N. Lawrance,Emily Lynn Osborn,Richard L. Roberts
Publisher: Univ of Wisconsin Press
ISBN: 9780299219505
Category: Business & Economics
Page: 332
View: 2675
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As a young man in South Africa, Nelson Mandela aspired to be an interpreter or clerk, noting in his autobiography that “a career as a civil servant was a glittering prize for an African.” Africans in the lower echelons of colonial bureaucracy often held positions of little official authority, but in practice these positions were lynchpins of colonial rule. As the primary intermediaries among European colonial officials, African chiefs, and subject populations, these civil servants could manipulate the intersections of power, authority, and knowledge at the center of colonial society. By uncovering the role of such men (and a few women) in the construction, function, and legal apparatus of colonial states, the essays in this volume highlight a new perspective. They offer important insights on hegemony, collaboration, and resistance, structures and changes in colonial rule, the role of language and education, the production of knowledge and expertise in colonial settings, and the impact of colonization in dividing African societies by gender, race, status, and class.

Edexcel A2 Government & Politics Student Unit Guide New Edition: Unit 4C Governing the USA


Author: Jonathan Vickery
Publisher: Hachette UK
ISBN: 144415303X
Category: Political Science
Page: 88
View: 3125
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Written by a senior examiner, Jonathan Vickery, this Edexcel A2 Government & Politics Student Unit Guide is the essential study companion for Unit 4C: Governing the USA.This full-colour book includes all you need to know to prepare for your unit exam: clear guidance on the content of the unit, with topic summaries, knowledge check questions and a quick-reference index examiner's advice throughout, so you will know what to expect in the exam and will be able to demonstrate the skills required exam-style questions, with graded student responses, so you can see clearly what is required to get a better grade

Liberty's Refuge


Author: John D. Inazu
Publisher: Yale University Press
ISBN: 0300176376
Category: Political Science
Page: 288
View: 5298
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This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay at the heart of some of the most important social movements in American history—abolitionism, women's suffrage, the labor and civil rights movements—courts now prefer to speak about the freedoms of association and speech. But the right of “expressive association” undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of assembly and the embrace of association lose sight of important dimensions of our constitutional tradition.

The Politics of Freedom of Expression

The Decisions of the Supreme Court of the United States
Author: Mark J Richards
Publisher: Palgrave Macmillan
ISBN: 1137277580
Category: Law
Page: 220
View: 3095
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The principle of content-neutrality is the cornerstone of freedom of expression jurisprudence, protecting the core values of freedom of speech set out in the first amendment, whilst also enabling the government to place reasonable restrictions on protected speech. The Politics of Freedom of Expression examines the US Supreme Court's decision-making in freedom of expression cases, from the Earl Warren Court in 1953 to the 2012 decisions of the John Roberts Court, assessing the extent to which the justices take into consideration their own political attitudes, jurisprudence and external factors such as federal government participation. In doing so, the book highlights the role of the civil rights movement in developing the content-neutrality jurisprudential regime. Establishing 'jurisprudential regime theory' as a framework for incorporating the various factors that can affect decision-making, the author draws on quantitative, qualitative and interpretive methods in order to analyse the justices' changing treatment of content-based and content-neutral cases over time. This unique theoretical approach allows the text to push beyond the traditional 'law versus politics' debate in order to critically evaluate the importance of content-neutrality to the Supreme Court's decision-making, and to compare decision-making in the US with Canada, Germany, Japan and the UK.