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In the Opinion of the Court

1996 History
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Release : 1996
Genre : History
Kind : eBook
Book Rating : 569/5 ( reviews)

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Book Synopsis In the Opinion of the Court by : William Domnarski

Download or read book In the Opinion of the Court written by William Domnarski. This book was released on 1996. Available in PDF, EPUB and Kindle. Book excerpt: In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.

US Supreme Court Opinions and their Audiences

2016-04-06 Law
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Release : 2016-04-06
Genre : Law
Kind : eBook
Book Rating : 144/5 ( reviews)

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Book Synopsis US Supreme Court Opinions and their Audiences by : Ryan C. Black

Download or read book US Supreme Court Opinions and their Audiences written by Ryan C. Black. This book was released on 2016-04-06. Available in PDF, EPUB and Kindle. Book excerpt: An investigation of how US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences.

The Will of the People

2009-09-29 Law
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Release : 2009-09-29
Genre : Law
Kind : eBook
Book Rating : 955/5 ( reviews)

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Book Synopsis The Will of the People by : Barry Friedman

Download or read book The Will of the People written by Barry Friedman. This book was released on 2009-09-29. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.

Dissent and the Supreme Court

2015-10-13 Law
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Release : 2015-10-13
Genre : Law
Kind : eBook
Book Rating : 63X/5 ( reviews)

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Book Synopsis Dissent and the Supreme Court by : Melvin I. Urofsky

Download or read book Dissent and the Supreme Court written by Melvin I. Urofsky. This book was released on 2015-10-13. Available in PDF, EPUB and Kindle. Book excerpt: “Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.

In the Opinion of the Court

1996 Political Science
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Author :
Release : 1996
Genre : Political Science
Kind : eBook
Book Rating : 579/5 ( reviews)

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Book Synopsis In the Opinion of the Court by : William Domnarski

Download or read book In the Opinion of the Court written by William Domnarski. This book was released on 1996. Available in PDF, EPUB and Kindle. Book excerpt: In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.

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