A Court Divided

Author: Mark V. Tushnet
Publisher: W. W. Norton & Company
ISBN: 9780393058680
Format: PDF, Docs
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In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

The Rehnquist Legacy

Author: Craig Bradley
Publisher: Cambridge University Press
ISBN: 9780521859196
Format: PDF, Mobi
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This book is a legal biography of William Rehnquist of the U. S. Supreme Court.

In the Balance Law and Politics on the Roberts Court

Author: Mark Tushnet
Publisher: W. W. Norton & Company
ISBN: 0393241432
Format: PDF, ePub, Mobi
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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.

Out of Range

Author: Mark V. Tushnet
Publisher: Oxford University Press
ISBN: 9780199813711
Format: PDF, Kindle
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Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.

The Supreme Court and the American Elite 1789 2008

Author: L. A. Scot Powe
Publisher: Harvard University Press
ISBN: 0674032675
Format: PDF, ePub, Docs
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In this engaging - and disturbing - book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.

The Rehnquist Court and Criminal Justice

Author: Christopher E. Smith
Publisher: Lexington Books
ISBN: 0739140825
Format: PDF, Kindle
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By analyzing the perspectives and influential decisions of individual justices on the Rehnquist Court (1986-2005), this volume reveals how a divided Supreme Court limited the scope of rights affecting criminal justice without fulfilling conservatives' goal of eliminating foundational concepts established during the Warren Court era. The era's generally conservative Supreme Court preserved rights in several contexts because individual justices do not necessarily view all constitutional rights issues through a simple, consistent philosophical lens.

The Warren Court and American Politics

Author: L. A. Scot Powe
Publisher: Belknap Press
ISBN:
Format: PDF, Mobi
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In learned and lively narrative, Powe discusses over 200 significant rulings of the Supreme Court under Chief Justice Earl Warren, especially the explosive "Brown" decision, which fundamentally challenged the Southern way of life. 13 halftones.

The U S Supreme Court and New Federalism

Author: Christopher P. Banks
Publisher: Rowman & Littlefield
ISBN: 0742535045
Format: PDF, ePub, Docs
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Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's “new federalism” begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation

Constitutional Politics in a Conservative Era

Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 0762314869
Format: PDF, ePub, Mobi
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This volume of "Studies in Law, Politics, and Society" presents a unique special issue "Constitutional Politics in a Conservative Era." This issue brings together the work of leading scholars of Constitutionalism, Constitutional law, and politics in the United States to take stock of the field to chart its progress, and point the way for its future development. Much of the way Americans have thought about Constitutional law has, until recently, been dominated by models developed during the Warren Court Era. Today, however, scholars seek new approaches, approaches that do not take for granted liberal hegemony in the courts. Among these, theories of popular constitutionalism and judicial minimalism appear to be increasingly popular. How should Scholars think about American courts in an era of conservative domination of the judiciary? What should/will constitutional politics in the United States look like over the next decade?

Bong Hits 4 Jesus

Author: James C. Foster
Publisher: University of Alaska Press
ISBN: 1602230900
Format: PDF, Mobi
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In January 2002, for the first time, the Olympic Torch Relay visited Alaska on its way to the Winter Games. When the relay runner and accompanying camera cars passed Juneau-Douglas High School, senior Joseph Frederick and several friends unfurled a fourteen-foot banner reading "BONG HiTS 4 JESUS." An in-depth look at student rights within a public high school, this book chronicles the events that followed: Frederick's suspension, the subsequent suit against the school district, and, ultimately, the escalation of a local conflict into a federal case. Brought to life through interviews with the principal figures in the case, Bong Hits 4 Jesus is a gripping tale of the boundaries of free speech in an American high school.