Read complete books and articles on: Judicial Activism

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15 of the Best Books and Articles on: Judicial Activism

as selected by Questia librarians

1.

The Least Dangerous Branch? Consequences of Judicial Activism » Read Now
by Stephen P. Powers, Stanley Rothman. 222 pgs.

Collections: History, Entire Library

Is the American judiciary still the "least dangerous branch," as Alexander Hamilton and legal scholar Alexander Bickel characterized it? Powers and Rothman explore the impact of the federal courts, providing a brief account of the development of constitutional law and an overview of the judiciary's...
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Is the American judiciary still the "least dangerous branch," as Alexander Hamilton and legal scholar Alexander Bickel characterized it? Powers and Rothman explore the impact of the federal courts, providing a brief account of the development of constitutional law and an overview of the judiciary's impact in six controversial areas of public policy.
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2.

Overruling Democracy: The Supreme Court vs. the American People » Read Now
by Jamin B. Raskin. 290 pgs.

Collections: Entire Library

The current five-vote majority on the Supreme Court may be the most divisive, anti-democratic court in American history. No one expects the justices to be a-political, but to say that there is 'no Constitutional right to vote' as they did in Bush v. Gore, is to go against everything America stands...
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The current five-vote majority on the Supreme Court may be the most divisive, anti-democratic court in American history. No one expects the justices to be a-political, but to say that there is 'no Constitutional right to vote' as they did in Bush v. Gore, is to go against everything America stands for. Overruling Democracy disputes the majority's awful rulings on third parties, race, high schools and corporations.
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3.

Leveraging the Law: Using the Courts to Achieve Social Change » Read Now
by David A. Schultz. 354 pgs.

Collections: Entire Library
4.

The Activist Advocate: Policy Making in State Supreme Courts » Read Now
by Charles S. Lopeman. 129 pgs.

Collections: Entire Library

Lopeman examines the impact that advocacy of intentional judicial activism by a justice of a state supreme court can have on establishing the court as a policy maker. He examines the "attitudinal" model and the "judicial role" model of decision making and concludes that, while the attitudinal model...
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Lopeman examines the impact that advocacy of intentional judicial activism by a justice of a state supreme court can have on establishing the court as a policy maker. He examines the "attitudinal" model and the "judicial role" model of decision making and concludes that, while the attitudinal model might describe the decision-making process in the U.S. Supreme Court, the judicial role model better describes decision making in state supreme courts. This judicial role model allows the activist to transform a court into a policy maker.
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5.

Out of Order: Arrogance, Corruption, and Incompetence on the Bench (Chap. 4 "Juristocracy: The Unelected Legislature," Chap. 5 "Juristocracy II: Government by Decree," and Chap. 8 "Dethroning the Juristocracy: How to Deal with Judges Who Are Too Activist -- and with Those Not Activist Enough") » Read Now
by Max Boot. 252 pgs.

Collections: Philosophy, Entire Library

"Stripping away the cloaks of judicial folderol, Max Boot has uncovered the new cancer of capitalism -- the exploitation of the law to advance the interests of judges at the costs of business and the public. In scathing prose and detailed reporting, Boot rises to challenge the bench".
6.

Judges on Judging: Views from the Bench (Chap. 29 "The Two Faces of Judicial Activism") » Read Now
by David M. O'Brien. 364 pgs.

Collections: Entire Library

...article "The Two Faces of Judicial Activism," in 61 George Washington...29. The Two Faces of Judicial Activism JUDGE WILLIAM WAYNE JUSTICE...and judges thinking about...
7.

Truman's Court: A Study in Judicial Restraint (Chap. One "Judicial Restraint versus Judicial Activism") » Read Now
by Frances Howell Rudko. 168 pgs.

Collections: History, Entire Library

"A concise, well-written examination by a lawyer-historian of the judicial restraint philosophies of President Truman's four appointees to the Supreme Court: Harold Burton, Fred Vinson, Tom Clark, and Sherman Minton. Rudko's analysis of the four men's opinions in criminal procedure...
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"A concise, well-written examination by a lawyer-historian of the judicial restraint philosophies of President Truman's four appointees to the Supreme Court: Harold Burton, Fred Vinson, Tom Clark, and Sherman Minton. Rudko's analysis of the four men's opinions in criminal procedure, loyalty-security, racial discrimination, and alien rights cases show that Truman was far more successful than most presidents in choosing justices whose view of the judicial role matched his own." Choice
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8.

Activism and Restraint on the Rehnquist Court: Timing, Sequence, and Conjuncture in Constitutional Development, in Polity » Read Now
by Thomas M. Keck. 32 pgs.

Collections: Entire Library
9.

A Conservative Case for Judicial Activism, in Public Interest » Read Now
by David P. Bryden. 15 pgs.

Collections: Entire Library

...A conservative case for judicial activism. by David P. Bryden...liberals would be less enamored of judicial activism if it were employed on behalf...jurists is this: Is the...
10.

One Man's Activist: What Republicans Really Mean When They Condemn Judicial Activism, in Washington Monthly » Read Now
by Herman Schwartz. 4 pgs.

Collections: Entire Library

...really mean when they condemn judicial activism by Herman Schwartz...separation of powers against judicial activism. But oddly enough, Republican...Republicans dont object...
11.

The Constitution and the Courts: A Question of Legitimacy, in Harvard Journal of Law & Public Policy » Read Now
by James L. Buckley. 14 pgs.

Collections: Entire Library

...statement places the issue of judicial activism in its constitutional context...opinions that keep the debate over judicial activism alive, especially when the...more...
12.

Keeping Legal History "Legal" and Judicial Activism in Perspective: A Reply to Richard Pildes, in Constitutional Commentary » Read Now
by Charles A. Heckman. 20 pgs.

Collections: History, Entire Library
13.

Judicial Legislation: A Study in American Legal Theory » Read Now
by Fred V. Cahill. 164 pgs.

Collections: Entire Library

...evolutionary hypothesis was turned to the support of social activism, as in the work of Charles Horton Cooley. 33 Rather, our...contributed heavily to the attacks on the...
14.

The Judiciary: The Supreme Court in the Governmental Process (Chap. 2 "Courts and Public Policy: Personnel, Judicial Review, and Activism vs. Restraint") » Read Now
by Henry J. Abraham. 260 pgs.

Collections: History, Entire Library
15.

Abortion Controversy in Canada and the United States, in Canadian-American Public Policy (Includes "Judicial Activism and Restraint") » Read Now
by Raymon Tatalovich. 39 pgs.

Collections: Entire Library