Impartial Justice

Author: Eric T. Kasper
Publisher: Lexington Books
ISBN: 0739177222
Format: PDF, ePub
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This book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution’s Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment’s promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court’s ultimate decisions in these cases.

Australian Constitutional Values

Author: Rosalind Dixon
Publisher: Bloomsbury Publishing
ISBN: 1509918426
Format: PDF, Mobi
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Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.

Encyclopedia of Constitutional Amendments Proposed Amendments and Amending Issues 1789 2015 4th Edition 2 volumes

Author: John R. Vile
Publisher: ABC-CLIO
ISBN: 1610699327
Format: PDF, Docs
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Now in its fourth edition and completely updated, this is the most comprehensive book on constitutional amendments and proposed amendments available. • Provides clear explanations of each of the 27 constitutional amendments that have been adopted throughout U.S. history as well as essays on the subjects of the thousands of other proposals that have been made • Articulates important issues involving the constitutional amending process • Outlines key proposals for more radical changes to the U.S. Constitution that have been introduced outside of Congress

Machiavelli Goes to the Movies

Author: Eric T. Kasper
Publisher: Lexington Books
ISBN: 0739195956
Format: PDF, ePub, Mobi
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Machiavelli’s The Prince is an important modern work of political science, but it is also one that has been often misinterpreted by students and scholars. This work helps the reader to better understand Machiavelli’s consequentialism and realism by using examples from modern films and television series to illustrate his messages.