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Author: Erwin Chemerinsky Publisher: Yale University Press ISBN: 0300211589 Category : Law Languages : en Pages : 280
Book Description
Cover -- Half-title -- Title -- Copyright -- Contents -- Preface -- ONE: Why Do We Have Federal Courts? -- TWO: Suing the Government: The King Can Do Wrong -- THREE: Suing Government Officers -- FOUR: An Alleged Constitutional Violation Always Should Be Adjudicated -- FIVE: The Great Writ: How Habeas Corpus Has Been Suspended -- SIX: Opening the Federal Courthouse Doors -- SEVEN: Enforcing the Constitution -- Notes -- Acknowledgments -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Author: Erwin Chemerinsky Publisher: Yale University Press ISBN: 0300211589 Category : Law Languages : en Pages : 280
Book Description
Cover -- Half-title -- Title -- Copyright -- Contents -- Preface -- ONE: Why Do We Have Federal Courts? -- TWO: Suing the Government: The King Can Do Wrong -- THREE: Suing Government Officers -- FOUR: An Alleged Constitutional Violation Always Should Be Adjudicated -- FIVE: The Great Writ: How Habeas Corpus Has Been Suspended -- SIX: Opening the Federal Courthouse Doors -- SEVEN: Enforcing the Constitution -- Notes -- Acknowledgments -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Author: Kimberly Jenkins Robinson Publisher: NYU Press ISBN: 1479825891 Category : Law Languages : en Pages : 390
Book Description
How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.
Author: Stephanie Mencimer Publisher: Simon and Schuster ISBN: 0743298608 Category : Political Science Languages : en Pages : 304
Book Description
Thanks to constant political oratory against "frivolous lawsuits" and "jackpot justice," it is widely known that there's a legal crisis in this country. President Bush never misses an opportunity to call for laws that would bring more "common sense" to a legal system that, he claims, is out of control, wrecking the economy, driving doctors out of their practices, bankrupting small businesses, and costing American jobs. Journalists repeat the charges without examining them. As a result, the lawsuit issue has moved to the political front burner, and in the past three years, state after state has responded by limiting citizens' rights to sue. Just this year alone, the Republicanled Congress has passed restrictions on class action lawsuits and is steps away from enacting limits on medical malpractice lawsuits. But is there really a crisis? National data show that the number of civil suits is falling, not rising, and that the average damage award is also going down. Despite intense media hype to the contrary, the number of personal injury lawsuits filed every year has been tumbling for the past decade. Upon closer examination, the stories of ridiculous lawsuits usually turn out to be false or badly misleading. The crisis, in short, appears to be a phantom. So how do we explain the scary headlines? Who's behind the "tort reform movement," and what are the real goals? Blocking the Courthouse Door will show that the movement against so-called greedy trial lawyers and irresponsible plaintiffs is the result of a concerted and successful campaign by large corporations to get this issue on the table and thus limit their own vulnerability in the civil justice system. They have spent decades, and many millions of dollars, on focus groups and Madison Avenue public relations research. They have funded institutes, sponsored academic research, bankrolled politicians, set up phony "astroturf " grassroots organizations (with chamber of commerce return addresses), and fed copy to all-too-gullible journalists. For corporations, the self-interest involved is fairly plain. Tobacco companies, no longer able to dodge the bullet of liability for knowingly selling poisons, are making an end run around the civil justice system. If they can't win a class action suit, they'll make suing itself illegal. Insurance companies, drowning in red ink from mismanagement and bad investments in the bond market, hike insurance rates by huge sums and blame malpractice suits. The doctors in turn blame greedy lawyers -- and their own injured patients. And for Republicans, the campaign provides an extra bonus: defunding the Democratic Party. Limits on lawsuits cut into the income of some of the Democratic Party's most generous donors, the trial lawyers, who are often the only source of campaign cash for Democrats in many states. By exposing some of the dubious characters, corporate chicanery, skewed research, fudged numbers, and bogus journalism that have buttressed the calls for lawsuit reform,Stephanie Mencimer shows who's behind the movement to close the courthouse doors, and how they've successfully persuaded millions of Americans to give up their critical legal rights without fully understanding what they're losing -- often until it's too late.
Author: Daan Braveman Publisher: Praeger ISBN: Category : Law Languages : en Pages : 232
Book Description
According to Braveman, the federal courts are being systematically closed to individuals challenging the constitutionality of the conduct of state officials. Debate over the role of the federal court system in upholding constitutional rights is not new to readers of law journals and scholarly articles. Braveman now presents this crucial issue to the general public, who will find it of grave concern. His book brings together information that has previously been available only in separate articles. Beginning with an historical overview of the emergence of the federal courts as the guardian of constitutional rights, Braveman then focuses on specific cases and doctrines to illustrate a radical change in our judicial philosophy. His book brings together information that has previously been available only in separate articles.
Author: Erwin Chemerinsky Publisher: Simon and Schuster ISBN: 9781451606355 Category : History Languages : en Pages : 336
Book Description
Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American. As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion. Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people. Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect. The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.
Author: Steven C. Markoff Publisher: ISBN: 9781644283387 Category : Languages : en Pages : 0
Book Description
The ACLU was involved in excess of 1,190 cases in the US Supreme Court as a party, counsel of record/ACLU attorney, or as the filer of an amicus (friend of the court) brief, during ninety-four of its first one hundred years, ending in January 19, 2020. This handbook summarizes all the facts and statistics from its companion three-volume set of over 1,190 cases (from June 8, 1925, Gitlow v. New York), and contains three examples of the cases found in the three-volume set.
Author: Walter Echo-Hawk Publisher: Fulcrum Publishing ISBN: 1555917887 Category : Law Languages : en Pages : 422
Book Description
Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.
Author: Erwin Chemerinsky Publisher: Yale University Press ISBN: 0300268483 Category : Law Languages : en Pages : 265
Book Description
Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court’s nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be an inflexible and shows how it is often impossible to know what the “original intent” of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.
Author: Judith Resnik Publisher: Yale University Press ISBN: 0300110960 Category : Law Languages : en Pages : 719
Book Description
A remnant of the Renaissance : the transnational iconography of justice -- Civic space, the public square, and good governance -- Obedience : the judge as the loyal servant of the state -- Of eyes and ostriches -- Why eyes? : color, blindness, and impartiality -- Representations and abstractions : identity, politics, and rights -- From seventeenth-century town halls to twentieth-century courts -- A building and litigation boom in Twentieth-Century federal courts -- Late Twentieth-Century United States courts : monumentality, security, and eclectic imagery -- Monuments to the present and museums of the past : national courts (and prisons) -- Constructing regional rights -- Multi-jurisdictional premises : from peace to crimes -- From "rites" to "rights" -- Courts : in and out of sight, site, and cite -- An iconography for democratic adjudication.
Author: Polly Curtis Publisher: Virago ISBN: 0349014523 Category : Social Science Languages : en Pages : 267
Book Description
'BRILLIANT . . . I LOVE THIS BOOK' LEMN SISSAY 'A MUST-READ BOOK' JACQUELINE WILSON 'EXTRAORDINARY' OLIVER BULLOUGH 'EVERYONE SHOULD READ THIS BOOK' HILARY COTTAM Meet the mother whose children were taken away, and the father who fought for his son. Listen to the radical social worker, the judge, the lawyer. See inside the homes of foster carers, adoptive parents and children in care. Because behind closed doors, a scandal is ongoing. We now remove more children from their parents than ever before, more than any other western country. Not because of a rise in physical or sexual abuse, but because of complex factors that are overlooked and misunderstood. Children's Care is a system where fathers are ignored, and mothers are punished for experiencing abuse. Rife with prejudices about race, ableism and class, determined by a postcode lottery. Blind to poverty and its effects on family life. And, at its very worst, an exercise in social engineering that can never replace parental love. This is not a soft issue. Not a 'women and children' problem. It is a prism through which we can understand the deepest issues at play in politics, economics and society today, and it is happening behind closed doors. Because of legal restrictions against reporting in family courts, the uneasy work of social care and the shame poured on parents, these problems remain out of our sight. They are the subject of horror headlines or stale statistics. But family life is at the heart of who we are as people, and it is they who can help us understand. From North to South, rich and poor, Black and white, these are the people who know, first-hand, what is going wrong - and how we can fix it. These are their stories. 'IMPORTANT' IAN BIRRELL 'VITAL' HANNAH JANE PARKINSON 'ONE OF BRITAIN'S BEST JOURNALISTS WRITING ABOUT SOCIAL JUSTICE' MARIANA MAZZUCATO
Author: Erwin Chemerinsky
Author: Erwin Chemerinsky
Author: Kimberly Jenkins Robinson
Author: Stephanie Mencimer
Author: Daan Braveman
Author: Erwin Chemerinsky
Author: Steven C. Markoff
Author: Walter Echo-Hawk
Author: Erwin Chemerinsky
Author: Judith Resnik
Author: Polly Curtis