Showing posts with label judiciary. Show all posts
Showing posts with label judiciary. Show all posts

Supreme Power: Franklin Roosevelt vs. the Supreme Court Review

Supreme Power: Franklin Roosevelt vs. the Supreme Court
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Supreme Power: Franklin Roosevelt vs. the Supreme Court ReviewMr. Shesol has created a wonderful and readable account of politics in the 1930's. Even the chapter titles are colorful and implies the high stakes involved in the political showdown between the liberal President and the conservative Supreme Court. The author does not begin his tale in 1937 (the year of the court-packing political battle), but in 1932 with Roosevelt's election in a time of economic turmoil. He clearly covers Roosevelt's first term with the New Deal programs that were overturned by the Supreme Court, the 1936 landslide victory by Roosevelt and then his political decision to deal with all the 5-4 and 6-3 court rulings that he lost. With 500+ pages of text and 100 pages of supporting documentation/index, this is an excellent work of political history.Supreme Power: Franklin Roosevelt vs. the Supreme Court Overview

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Presidential Power: Unchecked & Unbalanced Review

Presidential Power: Unchecked and Unbalanced
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Presidential Power: Unchecked & Unbalanced ReviewThere has been a flurry of books about what Charlie Savage in Takeover - which is one of them - has termed the 'return of the imperial presidency'. Now while most of the books in particular seem to blame the Bush-Cheney administration for the usurpation of executive powers, Crenson and Ginsberg provide a much needed historical and structural analysis of the phenomenon, going back to the beginnings of the Republic. Crenson and Ginsberg convincingly argue that one of the more structural causes of the rise of presidential power is the weakening of the American party system. In the old days parties had a much stronger grip on the selection of presidential candidates. Nowadays, due to the primary system, campaigns are all about personalities who do not merely want to serve their country but aspire nothing less than change history. So if you want to go beyond the last eight years and the post 9/11 analysis of the rise of executive power, this is your best pick.
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Emergency Response and Emergency Management Law: Cases and Materials Review

Emergency Response and Emergency Management Law: Cases and Materials
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Emergency Response and Emergency Management Law: Cases and Materials ReviewThe only specifice resource dealing with emergency management and response law which give specific details and examples of good and bad actions. The only reason for not having a 5 is it can get a little lengthy and detailed at times, however that may be great for some. After reading the first three or four case scenarios the reader will have a feel for what must be read, what can be scanned, and if anything can be omitted.Emergency Response and Emergency Management Law: Cases and Materials Overview

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The Pursuit of Justice Review

The Pursuit of Justice
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The Pursuit of Justice ReviewTHE EASY CHARM OF HARRY WOOLF

I liked this book because it has the easy charm and the depth of its subject, Harry Woolf, whose character comes out very clearly in the work, so well structured by Christopher Campbell-Holt. I liked Lord Woolf when I met him some years ago at a prize-giving at the University of London, and I can see much of his personal motivation and thought shining though in this excellent set of essays which all law students should read before their exams.
The layout of the book places his lectures and writings in their context and gives a valuable glimpse into the world of top judges and the tremendous issues which confront them with their work. I do associate Lord Woolf with the Human Rights Act for which he will always be closely linked, and for his strong support for the need to be tough on the causes of crime itself. And I will forever thank him for the Civil Procedure Rules which will be his legacy
I came away from reading the essays with the view that his pursuit of justice is based on the need for long term policies which are constructive with solutions to sentencing inflation and prison overcrowding, the responsibility for which has to be laid at the politicians' doorstep. Woolf has talked about a residual power concerning human rights 'which may not need to be an intrusion' when thinking about such issues, and it is his balance in the pursuit of justice in areas such as this which shines throughout the book. It is a great read for the budding jurisprudent and legal philosopher.The Pursuit of Justice Overview

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The Age of Impeachment: American Constitutional Culture Since 1960 Review

The Age of Impeachment: American Constitutional Culture Since 1960
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The Age of Impeachment: American Constitutional Culture Since 1960 ReviewWhy have there been so many attempted impeachments of officials in the last fifty years? Have public officials become more corrupt than in the past? Has society and its standards changed? Has something else taken place? "The Age of Impeachment," by David E. Kyvig of Northern Illinois University, seeks to answer these and related questions in an interesting and insightful narrative.
Taking a chronological approach, Kyvig suggests that recent history, essentially the last fifty years, has been dominated by a rise in impeachment as a political tool for ridding the public sphere of rivals. After an introductory chapter that lays out the themes of the book, Kyvig explores three efforts to impeach Federal judges. He then follows with individual chapters on the efforts to impeach Vice President Spiro Agnew and President Richard Nixon. He also includes individual chapters on the push to impeach Presidents Ronald Reagan and Bill Clinton. Other case studies are also included, but in the end Kyvig suggests that the rise of an impeachment culture is detrimental to public life in the U.S. This may or may not be the case, but it is a conclusion that deserves serious reflection by all. This is an interesting and useful book about an important part of the American political landscape in the latter part of the twentieth century.The Age of Impeachment: American Constitutional Culture Since 1960 Overview

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A Matter of Interpretation: Federal Courts and the Law (University Center for Human Values) Review

A Matter of Interpretation: Federal Courts and the Law (University Center for Human Values)
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A Matter of Interpretation: Federal Courts and the Law (University Center for Human Values) ReviewI'd like to mention, first of all, what this book it not. It is not for the casual observer of the American judicial system. Justice Scalia gives a probing examination of various methods used in Constitutional and judicial interpretation. If the reader is not consumed with learning law, or delineating the intent of the Constitution, this book will probably be a major disappointment.
On the other hand, if you have a solid foundation of knowledge on the judiciary and the U.S. Constitution, you will enjoy this book and will learn a great deal of what Justice Scalia has to offer. Scalia offers up a 50 page paper on the various methods of judicial interpretation, each methods strengths and weaknesses, and the how and why of whether or not each method is viable.
Scalia's paper is then cross-examined by Ronald Dworkin, Mary Ann Glendon, Amy Gutmann, Lawrence Tribe and Gordon Wood. Scalia then offers up his rebuttal and I believe, strengthens his theories of judicial interpretation. I am not going to go into my own how's and why's, as I am a fan of Scalia's and would rather allow the reader to reach their own conclusions.
Whether you like this book, or hate it, one thing is for certain, you will come away with a much better knowledge of the U.S. judicial system, how it reaches some of its conclusions, and what the consequences of continuing with current methods of judicial interpretation will be on our country.
Monty Rainey
www.juntosociety.com
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The Nine: Inside the Secret World of the Supreme Court Review

The Nine: Inside the Secret World of the Supreme Court
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The Nine: Inside the Secret World of the Supreme Court ReviewOver the years any number of best selling books have been written about the U.S. Supreme Court. If you are an avid reader like myself then you have probably read a few of them. Of all of the books I have read on this subject I found Jeffrey Toobin's new offering "The Nine: Inside The Secret World of the Supreme Court" to be among the very best. As senior legal analyst for CNN and a staff writer for "The New Yorker" Jeffrey Toobin is uniquely qualified to tackle a topic that most Americans know precious little about and frankly find a bit mysterious. Like peeling the skin from an onion Toobin succeeds in revealing just who these justices are and how they have evolved over time. It is a fascinating study.
One notion that "The Nine" certainly reinforces is the conventional wisdom that says there really is no way of predicting how a judge is going to vote on controversial issues after receiving a lifetime appointment to the United States Supreme Court. While it seems that majority of justices remain true to their philosophies after being appointed to the Court, a fairly significant percentage of appointees veer off in totally unexpected directions. Throughout "The Nine" Jeffrey Toobin introduces us to the men and women who have served on the Court over the past two decades. Depending on your point of view you will find some of the justices extremely likeable and others enigmatic. You will also learn who the reliable liberal and conservative votes are and who tends to occupy the center. And Jeffrey Toobin spotlights a number of controversial 5-4 cases where those 1 or 2 "swing" votes would make all the difference.

It is quite apparent that Jeffrey Toobin is a huge fan of the recently retired justice Sandra Day O'Connor. In fact, on a couple of occasions he refers to her as "the most important woman in American history". Appointed by Ronald Reagan in September 1981 Sandra Day O'Connor would spend a quarter century on the bench and prove to be the swing vote in a myriad of important cases. Toobin also views Justice Stephen Breyer in a similarly favorable light. Over the past few years conservative politicians and voters alike have been extremely critical of what they perceive as a very disturbing new development at the Supreme Court. There is little doubt that a number of the justices have been increasingly influenced by both international law and by the decisions of courts in other nations in making their decisions and in writing their opinions. Indeed, the members of the Supreme Court find themselves sharply divided on this issue and Jeffrey Toobin explains which members buy into this approach and why. This is a trend that certainly bears watching.

"The Nine: Inside The Secret World of the Supreme Court" certainly qualifies as one of the best books I have read this year. Although Toobin displays his liberal leanings in some of his observations from time to time this is nonetheless an extremely well written, generally balanced and very informative book. Highly recommended!
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