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This book chronicles the evolution of the social movement for same-sex marriage in the United States.
This unique empirical study investigates how the method of judicial selection significantly affects state-supreme-court policies in several important areas of law—business, criminal procedure, and family law. After examining different theories and surveying the research about judicial selection, this comparative study of policies in six states—Connecticut, New Jersey, Pennsylvania, Rhode Island, Virginia, West Virginia—challenges current assumptions. The author finds that appointed judges prefer the interests of the individual over those of the state in criminal-procedure cases and are the most innovative in business law; that elected judges prefer the interests of the state over the individual; and that legislatively selected judges acquiesce to the policy preferences of other branches of government and are the most inactive in terms of policy initiation. For students and teachers in law, political science, and history; for lawyers and judges; for interest groups concerned about state policy; and for policymakers and other professionals concerned with American government and public administration.
The several essays compiled by editor Alicia Cafferty Lerner will help your readers develop a world view about marriage. This book provides analysis on the institution of marriage in different global locations, cultures, and social climates. One chapter covers human rights abuses, with a look into such cultures as Niger, Malawi, India, and Germany. Another chapter explains arranged, child, and polygamy marriages, with cultural coverage including Australia, Bangladesh, and Kenya. Same-sex marriages are explored across Canada, South Africa, Aruba, and America. Marriage in relation to money and sex is also explored, taking a look at such places as Ireland, Pakistan, Japan, and Uganda.
Presents oral histories of how same-sex-marriage bans impacted gay couples and their children, and how courts rescued those families.
A new understanding of the slow drift to extremes in American politics that shows how the anti-abortion movement remade the Republican Party "A timely and expert guide to one of today's most hot-button political issues."--Publishers Weekly (starred review) "A sober, knowledgeable scholarly analysis of a timely issue."--Kirkus Reviews "[Ziegler's] argument [is] that, over the course of decades, the anti-abortion movement laid the groundwork for an insurgent candidate like Trump."--Jennifer Szalai, New York Times The modern Republican Party is the party of conservative Christianity and big business--two things so closely identified with the contemporary GOP that we hardly notice the strangenes...
An excellent introduction to judicial politics as a method of analysis, the eighth edition of Judicial Process and Judicial Policymaking focuses on policy in the judicial process. Rather than limiting the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: (1) Courts in the United States have always played an important role in governing and their role has increased in recent decades; (2) Judicial policymaking is a distinctive activity; (3) Courts make policy in a variety of ways; and (4) Courts may be the objects of public policy, as well as creators. New to the Eighth Edition D...
No area of public policy and law has seen more change than lesbian, gay, bi-sexual, and trans-gender rights, and none so greatly needs careful comparative analysis. Queer Inclusions, Continental Divisions explores the politics of sexual diversity in Canada and the United States by analyzing three contentious areas - relationship recognition, parenting, and schooling. It enters into long-standing debates over Canadian-American contrasts while paying close attention to regional differences. David Rayside's examination of change over time in the public recognition of sexual minorities is based on his long experience with the analysis of trends, as well as on a wide-ranging search of media, lega...
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confi...
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great ad...