Power and Precedent

Author: Jan G. Deutsch
Publisher: Vandeplas Pub
ISBN: 9781600420146
Format: PDF, Docs
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This book defines law as applied politics and examines United States politics, a government created by Founders who did not believe political parties to be necessary. The book is a course whose lectures set out a jurisprudence applicable to civil and scientific as well as common law. The thesis of the course is that an understanding of the role of precedent in the common law explains both the human condition and what has happened to United States law since the decision in Brown v. Board of Education. The use of questions and dialog within the course involves the reader in the development of a jurisprudence grounded in a philosophy of law. About the Author: Jan Ginter Deutsch is the Walton Hale Hamilton Professor Emeritus of Law and Professorial Lecturer in Law at Yale Law School. His subjects are corporations and securities regulations. His books include The Law of Corporations: What Corporate Lawyers Do (with J. Bianco) and Selling the People's Cadillac: The Edsel and Corporate Responsibility. Professor Deutsch was educated at Yale (B.A., LL.B., and Ph.D. in Political Science) with an M.A. from Cambridge.

The Power of Precedent

Author: Michael J. Gerhardt
Publisher: Oxford University Press
ISBN: 0199795797
Format: PDF, ePub, Mobi
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The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court, Congress, and the executive branch constrained by precedent? To what extent should they be? Taking up a topic long overdue for comprehensive treatment, Michael Gerhardt connects the vast social science data and legal scholarship to provide the most wide-ranging assessment of precedent in several decades. Updated to reflect recent legal cases, The Power of Precedent clearly outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides. For the Supreme Court, precedents take many forms, including not only the Court's past opinions, but also norms, historical practices, and traditions that the justices have deliberately chosen to follow. In these forms, precedent exerts more force than is commonly acknowledged. This force is encapsulated in the implementation and recognition of what Gerhardt calls the "golden rule of precedent," a major dynamic in constitutional law. The rule calls upon justices and other public authorities to recognize that since they expect others to respect their own precedents, they must provide the same respect to others' precedents. Gerhardt's extensive exploration of precedent leads him to formulate a more expansive definition of it, one that encompasses not only the prior constitutional decisions of courts but also the constitutional judgments of other public authorities. Gerhardt concludes his study by looking at what the future holds for the concept, as he examines the decisions and attitudes toward precedent exhibited by the shift from the Rehnquist to the Roberts Court. Authoritative and incisive, Gerhardt presents an in-depth look at this central yet understudied phenomenon at the core of all constitutional conflicts and one of undeniable importance to American law and politics. Ultimately, The Power of Precedent vividly illustrates how constitutional law is made and evolves both in and outside of the courts.

The Role of Circuit Courts in the Formation of United States Law in the Early Republic

Author: David Lynch
Publisher: Bloomsbury Publishing
ISBN: 1509910875
Format: PDF
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"Exhaustively researched and admirably argued, this book analyzes the crucial role played by the federal circuit courts in bridging the diversity of the new nation and the need to establish a unified body of national law. It also throws important new light on the internal operation of the Marshall Court. A significant contribution to our understanding of the federal court system of the early republic.†? Professor R Kent Newmyer, University of Connecticut School of Law While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.

Precedent in the United States Supreme Court

Author: Christopher J. Peters
Publisher: Springer Science & Business Media
ISBN: 9400779518
Format: PDF, Kindle
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This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

Plato s Dreams Realized

Author: Aleksandr Vladimirovich Avakov
Publisher: Algora Publishing
ISBN: 0875864953
Format: PDF, Kindle
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In this study of the philosophical and political nature of law, morality, rights and security, a Russian dissident shares his experience with the KGB and then with the US national security state and details the history of political surveillance in the US.

Law and the Web of Society

Author: Cynthia L. Cates
Publisher: Georgetown University Press
ISBN: 9781589013575
Format: PDF, ePub, Mobi
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From birth certificates and marriage licenses to food safety regulations and speed limits, law shapes nearly every moment of our lives. Ubiquitous and ambivalent, the law is charged with both maintaining social order and protecting individual freedom. In this book, Cynthia L. Cates and Wayne V. McIntosh explore this ambivalence and document the complex relationship between the web of law and everyday life. They consider the forms and functions of the law, charting the American legal structure and judicial process, and explaining key legal roles. They then detail how it influences the development of individual identity and human relationships at every stage of our life cycle, from conception to the grave. The authors also use the word "web" in its technological sense, providing a section at the end of each chapter that directs students to relevant and useful Internet sites. Written for upper-level undergraduate and graduate students in law and society courses, Law and the Web of Society contains original research that also makes it useful to scholars. In daring to ask difficult questions such as "When does life begin?" and "Where does law begin?" this book will stimulate thought and debate even as it presents practical answers.