One Supreme Court

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Release : 2009-05-26
Genre : Law
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Book Rating : 751/5 ( reviews)

One Supreme Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook One Supreme Court write by James E Pfander. This book was released on 2009-05-26. One Supreme Court available in PDF, EPUB and Kindle. Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United States. Uncertainty persists about the basis on which state courts and federal agencies may hear federal claims and the degree to which federal courts must review their decisions. Scholars approach these questions from a range of vantage points and have arrived at widely varying conclusions about the relationship between congressional and judicial power. Deploying familiar forms of legal analysis, and relying upon a new account of the Court's supremacy in relation to lower courts and tribunals, James Pfander advances a departmental conception of the judiciary. He argues that Congress can enlist the state courts, lower federal courts, and administrative agencies to hear federal claims in the first instance, but all of these tribunals must operate within a hierarchical framework over which the "one supreme Court" identified in the Constitution exercises ultimate supervisory authority. In offering the first general account of the Court as department head, Pfander takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts and non-Article III tribunals, its control over the doctrine of vertical stare decisis, and its ability to craft rules of practice for the federal system.

A History of the Supreme Court

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Release : 1995-02-23
Genre : Law
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Book Rating : 555/5 ( reviews)

A History of the Supreme Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A History of the Supreme Court write by the late Bernard Schwartz. This book was released on 1995-02-23. A History of the Supreme Court available in PDF, EPUB and Kindle. When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.

Supreme Myths

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Release : 2012-02-22
Genre : Political Science
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Book Rating : /5 ( reviews)

Supreme Myths - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Supreme Myths write by Eric J. Segall. This book was released on 2012-02-22. Supreme Myths available in PDF, EPUB and Kindle. This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.

The U. S. Supreme Court: a Very Short Introduction

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Release : 2023
Genre : Judicial process
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Book Rating : 469/5 ( reviews)

The U. S. Supreme Court: a Very Short Introduction - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The U. S. Supreme Court: a Very Short Introduction write by Linda Greenhouse. This book was released on 2023. The U. S. Supreme Court: a Very Short Introduction available in PDF, EPUB and Kindle. "The U.S. Supreme Court: A Very Short Introduction draws on the Court's history and its written and unwritten rules to show how it operates in the twenty-first century. Today's Supreme Court, housed in a majestic building on Capitol Hill, bears little resemblance to the institution launched by the Framers of the Constitution and was originally seen as the weakest of the three branches of government. Over the next 200 years, the Court put the independence the Framers gave it to use and now largely defines itself, exercising so much power over how Americans live that some have begun to question whether the Court has gone too far. How do cases reach the Supreme Court? What features have other courts around the world taken from the Supreme Court, and what have they left?"--

Supreme Inequality

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Release : 2021-02-23
Genre : Political Science
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Book Rating : 529/5 ( reviews)

Supreme Inequality - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Supreme Inequality write by Adam Cohen. This book was released on 2021-02-23. Supreme Inequality available in PDF, EPUB and Kindle. “With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.