Read complete books and articles on: Judicial Power

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13 of the Best Books and Articles on: Judicial Power

as selected by Questia librarians

1.

The Limits of Judicial Power: The Supreme Court in American Politics » Read Now
by William Lasser. 356 pgs.

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...THE LIMITS OF JUDICIAL POWER William Lasser THE LIMITS OF JUDICIAL POWER The Supreme Court in American Politics...Cataloging-in-Publication Data Lasser, William. The limits...
2.

Judicial Power and American Character: Censoring Ourselves in an Anxious Age » Read Now
by Robert F. Nagel. 188 pgs.

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In this highly original book, Robert Nagel demonstrates how contemporary constitutional politics reflect the moral character of American culture. He persuasively argues that judicial decisions embody wider social tendenceies towards moral evasiveness, privatization, and opportunism. Constitutional...
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In this highly original book, Robert Nagel demonstrates how contemporary constitutional politics reflect the moral character of American culture. He persuasively argues that judicial decisions embody wider social tendenceies towards moral evasiveness, privatization, and opportunism. Constitutional interpretation, he urges, is often an effort to stifle political disagreement and, ultimately, to censor our own beliefs and traditions. Nagel ranges over such controversial topics as the confirmation hearings of Clarence Thomas and Robert Bork, local resistance to abortion rights, political correctness on campus, and judicial decisions dealing with pornography, flag burning, gay rights, school prayer, and racial desegregation. Crossing conventional political and philosophical lines, the analysis is surprising and provocative. Nagel sees fundamental similarities between liberals like Ronald Dworkin and conservatives like Bork. He finds judicial arrogance in jurists as different as William Brennan and Sandra O'Connor. Clearly written and forcefully argued, this work is an audacious examination of judicial power as an integral part of our increasingly anxious and intolerant society.
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3.

The Gatekeepers: Federal District Courts in the Political Process » Read Now
by Kevin L. Lyles. 320 pgs.

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There are more than 600 Federal district judges serving today, and they decide some 230,000 civil cases each year. About 90% of the decisions they reach are final. Lyles argues that these lower court judges not only influence the flow of information to the judicial hierarchy, but also formulate...
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There are more than 600 Federal district judges serving today, and they decide some 230,000 civil cases each year. About 90% of the decisions they reach are final. Lyles argues that these lower court judges not only influence the flow of information to the judicial hierarchy, but also formulate questions that influence how higher courts, including the Supreme Court, respond. As such they are key elements in the formulation and implementation of public policy. To cite a few examples, they desegregate school districts, run mental institutions and prisons, break up monopolies, and reapportion legislatures.
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4.

Respecting State Courts: The Inevitability of Judicial Federalism » Read Now
by Michael E. Solimine, James L. Walker. 167 pgs.

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Solimine and Walker provide a comprehensive examination of the major issues revolving around judicial federalism. They analyze the major controversies in the American dual system of courts, demonstrate that the systemic diversity is too important to be overshadowed by ideological stereotyping, and...
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Solimine and Walker provide a comprehensive examination of the major issues revolving around judicial federalism. They analyze the major controversies in the American dual system of courts, demonstrate that the systemic diversity is too important to be overshadowed by ideological stereotyping, and call for a dialogue on the values of state law and courts, including a candid recognition of their problems.
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5.

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

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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...
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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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6.

Politics, Democracy, and the Supreme Court: Essays on the Frontier of Constitutional Theory » Read Now
by Arthur S. Miller. 378 pgs.

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...Political questions and judicial power. 3. United States...significant political power to be wielded by an isolated judicial corps free of political...significant political...
7.

Political Questions/Judicial Answers: Does the Rule of Law Apply to Foreign Affairs? » Read Now
by Thomas M. Franck. 198 pgs.

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Almost since the beginning of the republic, America's rigorous separation of powers among Executive, Legislative, and Judicial Branches has been umpired by the federal judiciary. It may seem surprising, then, that many otherwise ordinary cases are not decided in court even when they include...
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Almost since the beginning of the republic, America's rigorous separation of powers among Executive, Legislative, and Judicial Branches has been umpired by the federal judiciary. It may seem surprising, then, that many otherwise ordinary cases are not decided in court even when they include allegations that the President, or Congress, has violated a law or the Constitution itself. Most of these orphan cases are shunned by the judiciary simply because they have foreign policy aspects. In refusing to address the issues involved, judges indicate that judicial review, like politics, should stop at the water's edge--and foreign policy managers find it convenient to agree! Thomas Franck, however, maintains that when courts invoke the political question doctrine to justify such reticence, they evade a constitutional duty. In his view, whether the government has acted constitutionally in sending men and women to die in foreign battles is just as appropriate an issue for a court to decide as whether property has been taken without due process. In this revisionist work, Franck proposes ways to subject the conduct of foreign policy to the rule of law without compromising either judicial integrity or the national interest. By examining the historical origins of the separation of powers in the American constitutional tradition, with comparative reference to the practices of judiciaries in other federal systems, he broadens and enriches discussions of an important national issue that has particular significance for critical debate about the imperial presidency.
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8.

Out of Order: Arrogance, Corruption, and Incompetence on the Bench » 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".
9.

In Defense of a Political Court » Read Now
by Terri Jennings Peretti. 371 pgs.

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Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast...
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Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. Using pluralist theory, Peretti further argues that a political Court possesses instrumental value in American democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policymaking, particularly regarding the breadth of interests represented.
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10.

Judicial Power in the Constitutional Theory of James Madison, in William and Mary Law Review » Read Now
by Jack N. Rakove. 35 pgs.

Collections: Philosophy, Entire Library

...Judicial power in the constitutional theory of James...certainly cared deeply about the place of judicial power in the federal republic. Perhaps Madison...Madison did...
11.

The Passive-Aggressive Virtues: Cohens v. Virginia and the Problematic Establishment of Judicial Power, in Constitutional Commentary » Read Now
by Mark A. Graber. 26 pgs.

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...the problematic establishment of judicial power. by Mark A. Graber...from."(3) This need to preserve judicial power justified certain deviations from...assumptions about...
12.

Precedent, Judicial Power and the Constitutionality of "No-Citation" Rules in the Federal Courts of Appeals, in Stanford Law Review » Read Now
by Kenneth Anthony Laretto. 20 pgs.

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13.

The Judicial Perspective in the Administrative State: Reconciling Modern Doctrines of Deference with the Judiciary's Structural Role, in Stanford Law Review » Read Now
by Jonathan T. Molot. 109 pgs.

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