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From local trial courts to the United States Supreme Court, judges' decisions affect the fates of individual litigants and the fate of the nation as a whole. Scholars have long discussed and debated explanations of judicial behavior. This book examines the major issues in the debates over how best to understand judicial behavior and assesses what we actually know about how judges decide cases. It concludes that we are far from understanding why judges choose the positions they take in court. Lawrence Baum considers three issues in examining judicial behavior. First, the author considers the balance between the judges' interest in the outcome of particular cases and their interest in other go...
Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas, and the degree of specialization has grown over time. Specializing the Courts provides the first comprehensive analysis of specialization in the federal and state court systems.
The Politics of Cyberspace provides an overview of the impact of the world wide web on the political process. Chris Toulouse organizes the articles according to their theoretical approach--those who take up Habermas's concern with civil society and those who take up the postmodern critique of popular culture. The book covers key issues such as the potential for electronic democracy, the use of the web by mainstream political parties, challenges to the First Amendment, inequalities of access, and new understanding of gender. It also calls for progressive intellectuals to embrace the Internet in their political struggles.
Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein considers the ways a particularly gifted federal judge seized the opportunities available to district judges to influence the results of the cases before him, and employed the tools available to him to make policy having a national impact. In the book, author Jeffrey Morris considers the ways in which the judge, Jack Weinstein of the Eastern District of New York, has been limited by his position. This book adds to the slim literature about the policy-making role of district judges applying the work of legal historians, political scientists and those trained in the law. Focusing upon an admitted judicial activist - perh...
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
At the ideological center of the Supreme Court sits Anthony M. Kennedy, whose pivotal role on the Rehnquist Court is only expected to grow in importance now that he is the lone 'swing Justice' on the Roberts Court. The Ties Goes to Freedom is the first book-length analysis of Kennedy, and it challenges the conventional wisdom that his jurisprudence is inconsistent and incoherent. Using the hot-button issues of privacy rights, race, and free speech, this book demonstrates how Kennedy forcefully articulates a libertarian constitutional vision. The Tie Goes to Freedom fills two significant voids—one examining the jurisprudence of the man at the ideological center of the Supreme Court, the other demonstrating the compatibility of an expansive judicial role with libertarian political theory. At the end of Kennedy’s tenure as the most important swing justice in recent Supreme Court history, Helen Knowles provides an updated edition of her highly regarded book on Justice Kennedy and his constitutional vision.
Discusses Upendra Baxi's role as an Indian jurist and how his contributions have shaped our understanding of legal jurisprudence.
Publisher Description
This book describes a great change in the interest groups in American politics and includes analysis of the legal limits of non-profit politics. It examines the effects of the new Democratic majorities on partisan lobbying, political action committee spending.
With Congress more partisan than ever, the White House eager to mobilize group support, the appropriations process in flux, and important interest group litigation in the courts, this volume confirms that navigating the complex world of inside-the-beltway politics is especially tricky. For interest groups, the name of the game is access. The Interest Group Connection’s twenty chapters show how organized interests gain that access in Washington. Brief and accessible readings explore the connections between lobbyists’ influence and American policymaking institutions and processes, as well as the crucial role interest groups play in organizing constituencies, protecting their rights, and giving them entrée into the political process. Given the current environment—new campaign finance laws, the prevalence of “527” committees, and a near-even electoral environment—the second edition provides an inside look at a changed political world.