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Support for Victims of Crime in Asia (Routledge Law in Asia #Vol. 3)
by Wing-Cheong ChanGiving victims of crime a greater role in the criminal justice system is a relatively recent development, a trend likely to continue and increase in the foreseeable future. In many jurisdictions it has led to compensation schemes funded by the state, support for victims of crime to help them recover from their ordeal, and involvement of victims in decisions as to how offenders should be dealt with. This book examines developments in support for victims of crime in Asia. It shows how, contrary to the widely-held belief that Asian jurisdictions shy away from a rights based approach, there has been considerable progress in support for victims of crime in Asia, especially in Thailand and Korea, where rights for victims of crime are entrenched in constitutional provisions, and in Taiwan and Japan. Support for Victims of Crime in Asia discusses international developments, the degree to which support for victims of crime is an import into Asia from the west, and developments in a range of countries, including Thailand, Korea, Taiwan and Japan, India, China, Singapore, Malaysia, Indonesia, and the Philippines.
Supporting Policing Students: A Handbook for Lecturers, Tutors, Coaches and Mentors
by James DicketyThis is an invaluable guide for those involved in supporting policing students, including lecturers, tutors, trainers, mentors and coaches. It integrates quality research and practice to help anyone in these roles provide optimal support and guidance to their policing students. Shaping the next generation of policing officers and staff comes with a unique set of challenges, so chapters cover a myriad of useful subjects related to coaching models and theories and how to apply these in a policing context. Additionally, you will find insightful teaching tips, including effective feedback strategies and guidance on addressing challenging topics like domestic abuse and courtroom appearances. Accessibly written, this book can be explored from start to finish or used as a reference guide, and includes reflective exercises and real-life policing examples to help you apply theory to practice, creating an enriching learning experience for both you and your students.
Suppressing the Financing of Terrorism
by International Monetary FundA report from the International Monetary Fund.
Supreme Ambition: Brett Kavanaugh and the Conservative Takeover
by Ruth MarcusThe Republicans began plotting their takeover of the Supreme Court thirty years ago. Brett Kavanaugh set his sights on the court right out of law school. Washington Post journalist and legal expert Ruth Marcus goes behind the scenes to document the inside story of how their supreme ambition triumphed. The Kavanaugh drama unfolded so fast in the summer of 2018 it seemed to come out of nowhere. With the power of the #MeToo movement behind her, a terrified but composed Christine Blasey Ford walked into a Senate hearing room to accuse Kavanaugh of sexual assault. This unleashed unprecedented fury from a Supreme Court nominee who accused Democrats of a &“calculated and orchestrated political hit.&” But behind this showdown was a much bigger one. In Supreme Ambition, Washington Post journalist and legal expert Ruth Marcus goes behind the scenes to document the thirty-year mission by conservatives to win a majority on the Supreme Court and the lifelong ambition of Brett Kavanaugh to secure his place in that victory. In that sense, Marcus has delivered a master class in how Washington works and an unforgettable case study in supreme ambition. The reporting in Supreme Ambition is also full of revealing and weighty headlines, as Marcus answers the most pressing questions surrounding this historical moment: How did Kavanaugh get the nomination? Was Blasey Ford&’s testimony credible? What does his confirmation mean for the future of the court? Were the Democrats outgunned from the start? On the way, she uncovers secret White House meetings, intense lobbying efforts, private confrontations on Capitol Hill, and lives forever upended on both coasts. Supreme Ambition is a page-turner that traces how Brett Kavanaugh deftly maneuvered to become the nominee; how he quashed resistance from Republicans who worried he was too squishy on conservative issues and from a president reluctant to reward a George W. Bush loyalist. It shows a Republican party that had concluded Kavanaugh was too big to fail, with senators and the FBI ignoring potentially devastating evidence against him. And it paints a picture of Democratic leaders unwilling to engage in the no-holds-barred partisan warfare that might have defeated the nominee. In the tradition of The Brethren and The Power Broker, Supreme Ambition is the definitive account of a pivotal moment in modern history, one that was thirty years in the making and that will shape the judicial system of America for generations to come.
Supreme Bias: Gender and Race in U.S. Supreme Court Confirmation Hearings
by Paul M. Collins Jr Lori Ringhand Christina BoydIn Supreme Bias, Christina L. Boyd, Paul M. Collins, Jr., and Lori A. Ringhand present for the first time a comprehensive analysis of the dynamics of race and gender at the Supreme Court confirmation hearings held before the Senate Judiciary Committee. Drawing on their deep knowledge of the confirmation hearings, as well as rich new qualitative and quantitative evidence, the authors highlight how the women and people of color who have sat before the Committee have faced a significantly different confirmation process than their white male colleagues. Despite being among the most qualified and well-credentialed lawyers of their respective generations, female nominees and nominees of color face more skepticism of their professional competence, are subjected to stereotype-based questioning, are more frequently interrupted, and are described in less-positive terms by senators. In addition to revealing the disturbing extent to which race and gender bias exist even at the highest echelon of U.S. legal power, this book also provides concrete suggestions for how that bias can be reduced in the future.
Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court
by Jan Crawford GreenburgDrawing on unprecedented access to the Supreme Court justices themselves and their inner circles, acclaimed ABC News legal correspondent Jan Crawford Greenburg offers an explosive newsbreaking account of one of the most momentous political watersheds in American history. From the series of Republican nominations that proved deeply frustrating to conservatives to the decades of bruising battles that led to the rise of Justices Roberts and Alito, this is the authoritative story of the conservative effort to shift the direction of the high court--a revelatory look at one of the central fronts of America's culture wars by one of the most widely respected experts on the subject. .
The Supreme Court: Into the Third Century
by Richard Bernstein Jerome AgelA history of the Supreme Court which explores such ideas as judicial review and federalism, introduces people who have shaped our history and our law, and assesses the modern Supreme Court.
The Supreme Court
by Brian Lamb Susan SwainThe Supreme Court grew out of a unique opportunity to interview all nine sitting Supreme Court Justices plus retired Justice O'Connor for a documentary on the Supreme Court. Through Brian Lamb and Susan Swain's interviews with our country's most influential judges, the book offers portraits of the Justices that introduces readers to the closed world of the Supreme Court, and what's it's really like to serve on the nation's highest Court. Accompanying the Justices around the Supreme Court, and through offices steeped in historic memorabilia, Lamb and Swain offer readers a window into a fascinating world to which few have had access. In these pages, Justice Sotomayor reflects on her first impressions of the job and the acclimation process. Justice Breyer takes us behind the scenes on a private tour of his Chambers as he describes how the Court works. And Chief Justice Roberts talks about the role of the Court in Society, the role of the Chief Justice, and the process of deciding cases. Enriching this unique material are interviews with journalists, court historians, and other experts on the Court. Journalists Joan Biskupic and Lyle Denniston (the longest serving Supreme Court reporter) talk about the process that unfolds in the Court and the impact of a new member of the Court. Clerk of the Supreme Court William Suter provides insights into the traditions of the Court. Historian Jim O'Hara discusses the Supreme Court building and its history. Two attorneys who have argued numerous cases in front of the Supreme Court tell readers what it's like facing the justices in fast paced oral arguments. Vividly illustrated with color photographs, the book is a perfect gift for anyone interested in the makings of this powerful institution.
The Supreme Court: A C-SPAN Book Featuring the Justices in their Own Words
by Brian Lamb Susan Swain C-Span Mark FarkasThe Supreme Court grew out of an historic opportunity to interview all of the living Supreme Court justices for a C-SPAN feature documentary about the Court, the only time that the nine sitting members and their retired colleagues have granted interviews to a single television network. Eleven of those interviews-the entire current court, including the newest member, Justice Elena Kagan-are gathered here in this singular collection. In their conversations with the justices, Brian Lamb and Susan Swain bring readers into a fascinating world to which few have had access. Chief Justice John Roberts talks about the role of the Court in society, his role as chief justice, and the process of deciding cases. Justice Stephen Breyer takes us on a private tour of his chambers and describes the differences between the Court and the Congress. And new Justices Sonia Sotomayor and Elena Kagan reflect on their first impressions of the job. Through these encounters, the justices' personalities, intellects, and devotion to the Court emerge. Enriching this material are Mark Farkas's interviews with journalists, court historians, and other experts on the Court. Reporters Joan Biskupic and Lyle Denniston discuss the Supreme Court in action and the impact of a new member of the Court. Clerk of the Supreme Court William Suter illuminates the traditions of the Court. Historian James O'Hara discusses the Supreme Court building and its history. Former Solicitor General Drew Days III and attorney Maureen Mahoney describe the experience of facing the justices in fast-paced oral arguments. The Supreme Court offers readers a rare window into the nation's highest court through the eyes of those who serve there. It is absorbing reading for anyone interested in this vital and powerful institution.
The Supreme Court
by Ruadhán Mac Cormaic'A wonderful book ... a superb book and it's not just for people interested in law; it tells you a lot about Ireland' Vincent Browne, TV3The judges, the decisions, the rifts and the rivalries - the gripping inside story of the institution that has shaped Ireland.'Combines painstaking research with acute analysis and intelligence' Colm Tóibín, Irish Times' Books of the Year'[Mac Cormaic] has done something unprecedented and done it with a striking maturity, balance and adroitness. He creates the intimacy necessary but never loses sight of the wider contexts; this is not just a book about legal history; it is also about social, political and cultural history ... [the Supreme Court] has found a brilliant chronicler in Ruadhan Mac Cormaic' Diarmaid Ferriter, Professor of Modern Irish History, UCD'Mac Cormaic quite brilliantly tells the story ... balanced, perceptive and fair ... a major contribution to public understanding' Donncha O'Connell, Professor of Law, NUIG, Dublin Review of Books'Compelling ... a remarkable story, told with great style' Irish Times'Authoritative, well-written and highly entertaining' Sunday TimesThe work of the Supreme Court is at the heart of the private and public life of the nation. Whether it's a father trying to overturn his child's adoption, a woman asserting her right to control her fertility, republicans fighting extradition, political activists demanding an equal hearing in the media, women looking to serve on juries, the state attempting to prevent a teenager ending her pregnancy, a couple challenging the tax laws, a gay man fighting his criminalization simply for being gay, a disabled young man and his mother seeking to vindicate his right to an education, the court's decisions can change lives.Now, having had unprecedented access to a vast number of sources, and conducted hundreds of interviews, including with key insiders, award-winning Irish Times journalist Ruadhan Mac Cormaic lifts the veil on the court's hidden world.The Supreme Court reveals new and surprising information about well-known cases. It exposes the sometimes fractious relationship between the court and the government. But above all it tells a story about people - those who brought the cases, those who argued in court, those who dealt with the fallout and, above all, those who took the decisions. Judges' backgrounds and relationships, their politics and temperaments, as well as the internal tensions between them, are vital to understanding how the court works and are explored here in fascinating detail.The Supreme Court is both a riveting read and an important and revealing account of one of the most powerful institutions of our state.Ruadhan Mac Cormaic is the former Legal Affairs Correspondent and Paris Correspondent of the Irish Times. He is now the paper's Foreign Affairs Correspondent.
The Supreme Court: 20 Cases that Changed America
by Tony MauroA concise, informative guide to the twenty most momentous Court rulings in American history, including excerpts from the written decisions and dissents. The legislative branch of government creates laws, and the executive branch signs and enforces them. But how does America make sure these laws don’t run afoul of the Constitution? That responsibility lies with the final arbiters: the nine justices of the Supreme Court. Every year, thousands of contentious cases are submitted to the court; only about eighty of them are heard. Out of those cases, many are remembered only by the people directly involved. But over the years, many cases heard by the Supreme Court have gone on to affect the lives of many, or even all, American citizens. In The Supreme Court: Landmark Decisions, veteran court reporter Tony Mauro picks out the twenty most momentous Supreme Court cases in United States history. In his reviews, from Marbury v. Madison, the 1803 case that first affirmed the Supreme Court’s status as the country’s final legal arbiter, to Obergefell v. Hodges, the 2015 case that legalized same-sex marriage, Mauro summarizes each case and includes cogent summaries of the justices’ decisions, as well as notable dissents. From a journalist noted by the New York Times for “explaining complex legal issues to laymen without sacrificing accuracy and subtlety,” The Supreme Court: Landmark Decisions serves as your quick, concise, and informative guide to one of the most important, and sometimes least-understood, institutions in the nation.
The Supreme Court
by William H. RehnquistThis new edition of Chief Justice William H. Rehnquist's classic book offers a lively and accessible history of the Supreme Court. His engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall's dominance of the Court during the early nineteenth century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society. The public often hears little about the Supreme Court until decisions are handed down. Here, Rehnquist reveals its inner workings--the process by which cases are chosen, the nature of the conferences where decisions are made, and the type of debates that take place. With grace and wit, this incisive history gives a dynamic and informative account of the most powerful court in the nation and how it has shaped the direction America has taken.
The Supreme Court 12th edition
by Lawrence BaumThe book examines each major aspect of the Court: the selection, backgrounds, and departures of justices; the creation of the Court's agenda; the decision-making process and the Court's impact on government and American society.
The Supreme Court (9th edition)
by Lawrence BaumBaum (political science, Ohio State U.) presents a short guide for readers who know a lot or a little about the highest court in the US. No dates are noted for earlier editions; this one reflects new scholarship and developments such as the Bush v. Gore case and its repercussions. Cited in Books for College Libraries, 3d. ed. Annotation ©2004 Book News, Inc., Portland, OR (booknews.com)
Supreme Court Agenda Setting
by Udi SommerMuch research is devoted to the decision-making power and precedent set by the Supreme Court. Less attention, however, is given to the strategic behavior during case selection. This book argues that case selection is done strategically, and by means of various criteria - influencing its constitutional position and importance.
The Supreme Court and Benign Elite Democracy in Japan
by Hiroshi ItohThe Constitution of Japan has served the country for more than half a century, creating and maintaining a stable and functional democratic system. This book innovatively interprets Japanese politics as a ’benign elite democracy’ whilst demonstrating the Supreme Court's vital contribution to the political structure. In The Supreme Court and Benign Elite Democracy in Japan, Hiroshi Itoh presents the first empirical study of judicial decision making under Japan's Constitution. He examines the Supreme Court’s records regarding the protection of civil rights and liberties, the preservation of the conformity of lower levels of laws and regulations to the Constitution, and the maintenance of the Court's relationships to the political branches. The analysis of these three aspects of constitutional litigation reveal how the Supreme Court contributes to the efficacy of constitutional democracy by keeping the system adaptable to the ever-changing environment in and around Japan.
The Supreme Court and Constitutional Democracy
by John AgrestoIn The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory. 02 In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a... In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory. 02 In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a... In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory. 02 In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a...
The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore
by Richard Hasen&“A pioneering study of the Court&’s increasing efforts to regulate the US political system&” from the author of A Real Right to Vote (Bruce Cain, University of California, Berkeley). In the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks the Court&’s role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court&’s intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process. The Supreme Court does have a crucial role to play in protecting a socially constructed &“core&” of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court&’s most important election law cases from Baker to Bush have been wrongly decided. &“A must-read for anyone interested in the intersection of law and politics . . . [Hasen&’s] is an important framework against which election law scholars will react and upon which they will build for some time to come.&” —Michigan Law Review &“Hasen engagingly draws on internal Court deliberations, as well as political science and legal theory, to assess and criticize dramatic transformations in the role of constitutional law in overseeing the structure of democracy.&” —Richard H. Pildes, NYU School of Law &“A major contribution to the field of election law.&” —Thomas E. Mann, The Brookings Institution
The Supreme Court and Legal Change
by Lee Epstein Joseph F. KobylkaThe authors analyze abortion and death penalty decisions by the Supreme Court and argue that they provide prime examples of abrupt legal change. After proposing that the strength of legal arguments has at least as much impact on Court decisions as do public opinion and justices' political beliefs, they focus on the way litigators propel certain issues onto the Court's agenda and seek to persuade the justices to affect legal change.
The Supreme Court and Religion in American Life, Vol. 1: The Odyssey of the Religion Clauses (New Forum Books #33)
by James HitchcockSchool vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the first of two volumes by historian and legal scholar James Hitchcock, provides the first comprehensive exploration of the Supreme Court's approach to religion, offering a close look at every case, including some that scholars have ignored. Hitchcock traces the history of the way the Court has rendered important decisions involving religious liberty. Prior to World War II it issued relatively few decisions interpreting the Religious Clauses of the Constitution. Nonetheless, it addressed some very important ideas, including the 1819 Dartmouth College case, which protected private religious education from state control, and the Mormon polygamy cases, which established the principle that religious liberty was restricted by the perceived good of society. It was not until the 1940s that a revolutionary change occurred in the way the Supreme Court viewed religion. During that era, the Court steadily expanded the scope of religious liberty to include many things that were probably not intended by the framers of the Constitution, and it narrowed the permissible scope of religion in public life, barring most kinds of public aid to religious schools and forbidding almost all forms of religious expression in the public schools. This book, along with its companion volume, From "Higher Law" to "Sectarian Scruples," offers a fresh analysis of the Court's most important decisions in constitutional doctrine. Sweeping in range, it paints a detailed picture of the changing relationship between religion and the state in American history.
The Supreme Court and Religion in American Life, Vol. 2: From "Higher Law" to "Sectarian Scruples" (New Forum Books #34)
by James HitchcockSchool vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the second of two volumes by historian and legal scholar James Hitchcock, offers a complete analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. In Volume I: The Odyssey of the Religion Clauses (Princeton), Hitchcock provides the first comprehensive survey of the court cases involving the Religion Clauses, including a number that scholars have ignored. Here, Hitchcock examines how, in the early history of our country, a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority. Despite the Founding Fathers' ideas, the American polity evolved on the assumption that religion was necessary to a healthy society, and cooperation between religion and government was assumed. This view was seldom questioned until the 1940s, notes Hitchcock. Then, with the beginning of the New Deal and the appointment of justices who believed they had the freedom to apply the Constitution in new ways, the judicial climate changed. Hitchcock reveals the personal histories of these justices and describes how the nucleus of the Court after World War II was composed of men who were alienated from their own faiths and who looked at religious belief as irrational, divisive, and potentially dangerous, assumptions that became enshrined in the modern jurisprudence of the Religion Clauses. He goes on to offer a fascinating look at how the modern Court continues to grapple with the question of whether traditional religious liberty is to be upheld.
The Supreme Court and the Attitudinal Model Revisited
by Jeffrey A. Segal Harold J. SpaethThis book, authored by two leading scholars of the Supreme Court and its policy making, systematically presents and validates the use of the attitudinal model to explain and predict Supreme Court decision making. In the process, it critiques the two major alternative models of Supreme Court decision making and their major variants: the legal and rational choice. Using the US Supreme Court Data Base, the justices' private papers, and other sources of information, the book analyzes the appointment process, certiorari, the decision on the merits, opinion assignments, and the formation of opinion coalitions. The book will be the definitive presentation of the attitudinal model as well as an authoritative critique of the legal and rational choice models. The book thoroughly reflects research done since the 1993 publication of its predecessor, as well as decisions and developments in the Supreme Court, including the momentous decision of Bush v. Gore.
The Supreme Court and The NCAA: The Case for Less Commercialism and More Due Process in College Sports
by Porto Brian L.Two Supreme Court decisions,NCAA v. Board of Regents(1984) andNCAA v. Tarkanian(1988), have shaped college sports by permitting the emergence of a supercharged commercial enterprise with high financial stakes for institutions and individuals, while failing to guarantee adequate procedural protections for persons charged with wrongdoing within that enterprise. Brian L. Porto examines the conditions that led to the cases, the reasoning behind the justices' rulings, and the consequences of those rulings. Arguing that commercialized college sports should be compatible with the goals of higher education and fair to all participants, Porto suggests that the remedy is a federal statute. His proposed College Sports Legal Reform Act would grant the NCAA a limited "educational exemption" from the antitrust laws, enabling it to enhance academic opportunities for athletes. The Act would also afford greater procedural protections to accused parties in NCAA disciplinary proceedings. Porto's prescription for reform in college sports makes a significant contribution to the debate about how best to address perennial problems in college sports such as cost containment, access to a meaningful education for athletes, and fairness in rule enforcement.
The Supreme Court and the Philosopher: How John Stuart Mill Shaped US Free Speech Protections
by Eric T. Kasper Troy A. KozmaThe Supreme Court and the Philosopher illustrates how the modern US Supreme Court has increasingly adopted a view of the constitutional right to the freedom of expression that is classically liberal in nature, reflecting John Stuart Mill's reasoning in On Liberty. A landmark treatise outlining the merits of limiting governmental and social power over the individual, On Liberty advocates for a maximum protection of human freedom. Proceeding case by case and covering a wide array of issues, such as campaign finance, offensive speech, symbolic speech, commercial speech, online expression, and false statements, Eric T. Kasper and Troy A. Kozma show how the Supreme Court justices have struck down numerous laws for infringing on the freedom of expression.Kasper and Kozma demonstrate how the adoption of Mill's version of free speech began with Justice Oliver Wendell Holmes Jr. more than a century ago and expanded over time to become the prevailing position of the Court today. The authors argue that this embrace of Mill's rationale has led to an unmistakable reorientation in the Court's understanding of free expression jurisprudence.The Supreme Court and the Philosopher is the first book to comprehensively explore how the political philosophy of Mill has influenced the highest court in the land. In targeting the underlying philosophical reasons that explain why the modern Supreme Court renders its First Amendment decisions, this book is particularly timely, as the issues of censorship and freedom of expression are debated in the public square today.
The Supreme Court as Final Arbiter in Federal-State Relations, 1789-1957
by John R. SchmidhauserIn analyzing the Supreme Court's powers in federal-state relations, the author demonstrates that the framers of the constitution clearly intended that the Court should be the federal umpire, thus disproving a charge by modern states' righters of usurpation of power by the Supreme Court. In each historical period the effect of the Court interpretations on the autonomy of the state governments and on the acceleration of federal centralization is considered.Originally published in 1958.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.