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Judicial Politics: Readings from Judicature
This anthology of more than seventy articles, published by the American Judicature Society, is distributed by Rowman & Littlefield Publishers.
Constitutional Interpretation
This study analyzes the process of constitutional interpretation, that is, the methodology by which the Supreme Court goes about interpreting the Constitution, and offers a comprehensive view of constitutional law through the lens of history, political science, and jurisprudence. Shaman examines the practice of creating meaning for the Constitution, the dichotomy of legal formalism and realism, the levels of judicial scrutiny, the perception of reality, and the puzzle of legislative motive. While the book traces the historical development of constitutional law, its main focus is on modern jurisprudence, including analyses of the major themes of constitutional interpretation developed by the ...
Military Law Review
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Federalism and Subsidiarity
In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
Judiciaries in Comparative Perspective
An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.
Courting Peril
The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the making, however, has imperiled this premise. Social science learning, the lessons of which have been widely internalized by court critics and the general public, has shown that judicial decision-making is subject to ideological and other extralegal influences. In recent decades, challenges to the assumptions underlying the rule of law paradigm have proliferated across a growing array of venues, as critics agitate for greater political control of judges and courts. With the future of the rule of ...
The Law of American State Constitutions
The second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decisio...
Hippocrates' Maze
To contain the Minotaur, the ancient artificer Daedalus crafted a maze so intricate that it bewildered even its maker. Contemporary medicine--'Hippocrates' Maze--is every bit as bewildering, so much so that a new and distinct field, bioethics, has been created to help professional caregivers, patients, and families navigate their way through it. In Nelson's typically inviting and graceful style, the essays collected in Hippocrates' Maze explore the labyrinth of contemporary health care, and arrive at some unusual findings about death and decisionmaking, justice and families, cloning and kinship, and organ donation and intimacy. However, the book's most distinctive conclusions concern bioethics itself: the field is not best seen solely as a source of good advice to doctors, but rather as a way of better understanding our humanity.
The Supreme Court
For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nations history. This veteran team of talented historians produces the most readable, astute, and up-to-date single-volume history of this venerated institution.
The Death Penalty's Denial of Fundamental Human Rights
The Death Penalty's Denial of Fundamental Human Rights details how capital punishment violates universal human rights-to life; to be free from torture and other forms of cruelty; to be treated in a non-arbitrary, non-discriminatory manner; and to dignity. In tracing the evolution of the world's understanding of torture, which now absolutely prohibits physical and psychological torture, the book argues that an immutable characteristic of capital punishment-already outlawed in many countries and American states-is that it makes use of death threats. Mock executions and other credible death threats, in fact, have long been treated as torturous acts. When crime victims are threatened with death and are helpless to prevent their deaths, for example, courts routinely find such threats inflict psychological torture. With simulated executions and non-lethal corporal punishments already prohibited as torturous acts, death sentences and real executions, the book contends, must be classified as torturous acts, too.
