Hard Judicial Choices

Author: Phillip J. Cooper
Editor: Oxford University Press on Demand
ISBN: 9780195041927
Size: 12,52 MB
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In controversial court cases involving civil rights, schools and housing, prison reform, and other social issues, federal district court judges are often called upon to make some of the most difficult judicial decisions. How do these cases arise? How are they prosecuted and remedies fashioned when federally protected rights are violated? How can relations between federal judges and state and local officials be improved? This book--the first to attempt to look at such cases from the judge's point of view--examines some of these questions through five comparative case studies involving open housing in a Cleveland suburb, school desegregation in Detroit, mental health reform in Alabama, prison conditions in Ohio, and alleged police misconduct in Philadelphia. Cooper presents a clear overview of the remedial decree process and prefaces each of the case studies with a full chapter that sets the case in its legal, administrative, and political context. Taking a close look at the interactions between federal district court judges and state and local officials, this volume produces a model of remedial decree litigation that challenges widely held assumptions about the role of district court judges in such controversial cases.

The Gatekeepers

Author: Kevin L. Lyles
Editor: Greenwood Publishing Group
ISBN: 9780275960827
Size: 19,41 MB
Format: PDF
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Overviews lower federal trial courts in historical, institutional, and functional contexts, then addresses the extent to which individual presidents have advanced particular policy objectives through their judicial appointments to federal district courts. Analysis of presidential policy preferences

Rise Of Judicial Management In The U S District Court Southern District Of Texas 1955 2000

Author: Steven Harmon Wilson
Editor: University of Georgia Press
ISBN: 9780820327280
Size: 19,91 MB
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This is the first book-length study of a federal district court to analyze the revolutionary changes in its mission, structure, policies, and procedures over the past four decades. As Steven Harmon Wilson chronicles the court's attempts to keep pace with an expanding, diversifying caseload, he situates those efforts within the social, cultural, and political expectations that have prompted the increase in judicial seats from four in 1955 to the current nineteen. Federal judges have progressed from being simply referees of legal disputes to managers of expanding courts, dockets, and staffs, says Wilson. The Southern District of Texas offers an especially instructive model by which to study this transformation. Not only does it contain a varied population of Hispanics, African Americans, and whites, but its jurisdiction includes an international border and some of the busiest seaports in the United States. Wilson identifies three areas of judicial management in which the shift has most clearly manifested itself. Through docket and case management judges have attempted to rationalize the flow of work through the litigation process. Lastly, and most controversially, judges have sought to bring "constitutionally flawed" institutions into compliance through "structural reform" rulings in areas such as housing, education, employment, and voting. Wilson draws on sources ranging from judicial biography and oral-history interviews to case files, published opinions, and administrative memoranda. Blending legal history with social science, this important new study ponders the changing meaning of federal judgeship as it shows how judicial management has both helped and hindered the resolution of legal conflicts and the protection of civil rights.

Leadership On The Federal Bench

Author: Jeffrey B. Morris
Editor: Oxford University Press
ISBN: 0199877653
Size: 15,52 MB
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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 - perhaps the most famous, innovative and controversial district judge sitting today - the book permits a close look at activism at the trial level. Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein begins by analyzing the job of a federal district judge and why it is profitable to study Judge Weinstein. Related topics include Weinstein's background before appointment to the bench; the political and legal environment within which Weinstein has judged and the characteristics of the district in which he sat and its possible impact on him. Part of the book focuses on Weinstein's judicial output for each of his four decades on the bench. Cases are drawn from a diverse number of areas, among them the areas of civil rights, freedom of speech, search and seizures, organized crime and political corruption cases, evidence and procedure. Finally, conclusions are made on the role of district courts, judicial activism in general, along with a summary of Judge Weinstein's career.

Complex Justice

Author: Joshua M. Dunn
Editor: UNC Press Books
ISBN: 1469606607
Size: 17,13 MB
Format: PDF
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In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.

Senator Sam Ervin Last Of The Founding Fathers

Author: Karl E. Campbell
Editor: ReadHowYouWant.com
ISBN: 1458722082
Size: 11,90 MB
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Many Americans remember Senator Sam Ervin as the affable, Bible-quoting, old country lawyer who chaired the Senate Watergate hearings in 1973. His down-home stories from western North Carolina, his reciting literary passages ranging from Shakespeare to Aesop's fables, and his earnest lectures in defense of civil liberties and constitutional government contributed to the downfall of President Richard Nixon and earned Senator Ervin a reputation as ''the last of the founding fathers.'' Yet for most of his twenty years in the Senate, Ervin applied these same rhetorical devices to a very different purpose. Between 1954 and 1974, he was Jim Crow's most talented legal defender as the South's constitutional expert during the congressional debates on civil rights. The paradox of the senator's opposition to civil rights and defense of civil liberties lies at the heart of this biography of Sam Ervin. Drawing on newly opened archival material, Karl Campbell illuminates the character of the man and the historical forces that shaped him....Just as the federalism of the southern delegation to the Constitutional Convention of 1787 had at its core the preservation of slavery, the conservative constitutional philosophy espoused by Ervin in the 1950s had at its core the protection of Jim Crow segregation. Campbell demonstrates that the Watergate scandal cannot be dismissed simply as the moral failure of a particular president or the byproduct of partisan politics. He shows the scandal to be, instead, the culmination of an escalating series of clashes between the imperial presidency of Richard Nixon and a congressional counterattack led by Senator Ervin. The central issue of that struggle, as well as so many of the other crusades in Ervin's life, Campbell says, remains a key question of the American experience today: how to exercise legitimate government power while protecting essential individual freedoms.

American Prisons

Author: Elizabeth Huffmaster McConnell
Editor: Greenwood Publishing Group
ISBN:
Size: 18,23 MB
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A comprehensive, user-friendly resource to American corrections for students, researchers, and practitioners in the field of criminal justice.

Law And Justice

Author: Howard Abadinsky
Editor:
ISBN:
Size: 13,15 MB
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This text is designed for a course on the law and judicial process that transcend the disciplines of political science, sociology, and criminal justice. An opening chapter examines the problem of defining the law, looks at the philosophical role of natural law, and discusses modern society's need fo

Political Science Quarterly

Author:
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ISBN:
Size: 11,53 MB
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American Constitutional Law

Author: Louis Fisher
Editor:
ISBN:
Size: 19,35 MB
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One of the most widely used constitutional law textbooks is back in a new edition. The only book that develops constitutional law in the comprehensive sense, American Constitutional Law, 4th ed. not only contains the results of court decisions but also highlights the efforts of legislatures, executives, the states, and the general public. Most constitutional law books focus only on case law and judicial pronouncements, but American Constitutional Law illustrates how both judicial and non-judicial forces shape constitutional law. Compared to other texts written by political scientists, this book offers much more in the way of citations to earlier decisions. These citations allow the reader to research areas in greater depth and also highlight the process of trial and error used by the Supreme Court to clarify constitutional principles. Presenting a broad range of cases, rather than merely focusing on landmark cases, allows the reader to understand the development of constitutional law. Fisher also covers state involvement in constitutional law through examples of how states, by interpreting their own constitutions, may depart from Supreme Court doctrines. Readings include not only court cases but presidential statements and congressional debates. This is the perfect book for undergraduate political science courses as well as an invaluable resource for anyone interested in the development of constitutional law in the United States. This book will be available in two formats: a one-volume, casebound edition and a two-volume paperback edition, with volume 1 being Constitutional Structures: Separated Powers and Federalism and volume 2 being Constitutional Rights and Civil Liberties.