A Court Divided The Rehnquist Court and the Future of Constitutional Law

A Court Divided  The Rehnquist Court and the Future of Constitutional Law

The Warren Court's commitment to substantive liberalism was undoubtedly its
most important characteristic as seen from the late years of the Rehnquist Court.
The Warren Court's decisions dealing with the criminal justice system were far ...

Author: Mark Tushnet

Publisher: W. W. Norton & Company

ISBN: 9780393077513

Category: Law

Page: 416

View: 775

"An incisive consideration of the Supremes, offering erudite yet accessible clues to legal thinking on the most important level."--Kirkus Reviews In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.
Categories: Law

Freedom of Expression in the Supreme Court

Freedom of Expression in the Supreme Court

Then, joined by Peoples Super Liquor Stores, the retailer filed a lawsuit in federal
court challenging Rhode Island's ... 44 Liquormart revealed a Court divided on
the question of how restrictions on commercial speech should be analyzed.

Author: Terry Eastland

Publisher: Rowman & Littlefield

ISBN: 0847697118

Category: Law

Page: 397

View: 130

In Freedom of Expression in the Supreme Court, Terry Eastland brings together the Court's leading First Amendment cases, some 60 in all, starting with Schenck v. United States (1919) and ending with Reno v. American Civil Liberties Union (1998). Complete with a comprehensive introduction, pertinent indices and a useful bibliography, Freedom of Expression in the Supreme Court offers the general and specialized reader alike a thorough treatment of the Court's understanding on the First Amendment's speech, press, assembly, and petition clauses.
Categories: Law

Family Law

Family Law

Under the court's broad discretion to divide and distribute the marital estate in a
manner that is just and equitable, the court need not divide ... The trial court
divided the marital estate and awarded custody of the two children to Mrs.
Geldmeier.

Author: Casenote Legal Briefs

Publisher: Aspen Publishers Online

ISBN: 9780735582910

Category: Law

Page: 141

View: 400

For over two decades, Casenote Legal Briefs have helped hundreds of thousands
Categories: Law

Divorce Separation and the Distribution of Property

Divorce  Separation and the Distribution of Property

A Missouri court divided property purchased with Social Security disability
payments received during marriage . 19 In contrast , a Louisiana court decided
that federal preemption barred the application of Louisiana ' s community
property law to ...

Author: J. Thomas Oldham

Publisher: Law Journal Press

ISBN: 1588520439

Category: Law

Page: 400

View: 618

The book discusses existing rules in the various states relating to the enforcement of premarital or postnuptial agreements regarding the parties' rights if they divorce.
Categories: Law

Cases argued and determined in the Supreme Court of Nova Scotia

Cases argued and determined in the Supreme Court of Nova Scotia

Sir William YOUNG , C. J. , now , ( January 23rd , 1879 , ) delivered the judgment
of the Court :The plaintiff having obtained a verdict for $ 950 , on a rule nisi for
setting it aside , the Court were equally divided in opinion , and we have now to ...

Author:

Publisher:

ISBN: UCAL:B4874863

Category:

Page:

View: 694

Categories:

Divided

Divided

It breeds disrespect for the law.” Haekyung Nielsen, twenty-seven, of
Bloomington, said police showed up at her house on a civil warrant two weeks
after she gave birth through Caesarean section. A debt buyer had sent her court
papers for an ...

Author: Barack Obama

Publisher: New Press/ORIM

ISBN: 9781595589446

Category: Social Science

Page: 320

View: 393

Essays on the dangers of the wealth and income gap, collected by the New York Times–bestselling author of It’s Even Worse Than You Think. This collection includes writings by a wide range of voices—including Adam Smith, Elizabeth Warren, Barbara Ehrenreich, Joseph E. Stiglitz, Studs Terkel, Paul Krugman, Barack Obama, and David Cay Johnston—illuminating the reality of economic inequality in America, where in spite of the fury that followed the 2008 financial crisis, little has to been done to address the gulf between the one percent and the ninety-nine percent. Pulitzer Prize–winning journalist David Cay Johnston explains that in this most unequal of developed nations, every aspect of inequality remains hotly contested and poorly understood. These writings, from leading scholars, journalists, and activists, offers a multifaceted look at the problem, exploring its devastating—and dangerous—implications in areas as diverse as education, justice, health care, social mobility, and political representation. Provocative and eminently readable, here is an essential resource for anyone who cares about the future of America—and compelling evidence that inequality can be ignored only at the nation’s peril.
Categories: Social Science

A House Divided

A House Divided

CHAPTER TWO PATRONAGE AND PIETY: THE CONFESSIONALIZATION OF
WITTELSBACH COURTS IN HEIDELBERG AND MUNICH Generally the court
was the foremost place for not just political but also high cultural and social ...

Author: Andrew L. Thomas

Publisher: BRILL

ISBN: 9789004183568

Category: History

Page: 403

View: 462

This book examines the intersection between religious belief, dynastic ambitions, and late Renaissance court culture within the main branches of Germany's most storied ruling house, the Wittelsbach dynasty. Their influence touched many shores from the "coast" of Bohemia to Boston.
Categories: History

Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania the County Courts of Philadelphia and the United States District and Circuit Courts for the Eastern District of Pennsylvania

Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania  the County Courts of Philadelphia  and the United States District and Circuit Courts for the Eastern District of Pennsylvania

It was claimed that this estate should be divided liam C . Hannis , for the children .
into three parts , treating the husband and wife Theodore P . Matthews and John
A . Burton , as one person . The Court divided it into four , for creditors . giving ...

Author:

Publisher:

ISBN: HARVARD:HL50RA

Category: Law reports, digests, etc

Page:

View: 725

Categories: Law reports, digests, etc

United States Supreme Court Reports

United States Supreme Court Reports

... alleging that the taxpayers are too nu- bill was distoissed . merous to be sucd ,
and praying that these may The questions on which the judges of the be sued as
defendants representing all others circuit court divided are not new in this court ...

Author: United States. Supreme Court

Publisher:

ISBN: UOM:49015002890847

Category: Law reports, digests, etc

Page:

View: 667

First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose.
Categories: Law reports, digests, etc

Still a House Divided

Still a House Divided

... adding criticism of the doctrine in the Supreme Court's 1857 Dred Scott
decision that the Constitution protected slavery ... compromises faltered, many
leaders of the divided antebellum American political system instead looked to the
courts ...

Author: Desmond King

Publisher: Princeton University Press

ISBN: 9781400839766

Category: Political Science

Page: 392

View: 828

Why race remains the central political issue in America today Why have American policies failed to reduce the racial inequalities still pervasive throughout the nation? Has President Barack Obama defined new political approaches to race that might spur unity and progress? Still a House Divided examines the enduring divisions of American racial politics and how these conflicts have been shaped by distinct political alliances and their competing race policies. Combining deep historical knowledge with a detailed exploration of such issues as housing, employment, criminal justice, multiracial census categories, immigration, voting in majority-minority districts, and school vouchers, Desmond King and Rogers Smith assess the significance of President Obama's election to the White House and the prospects for achieving constructive racial policies for America's future. Offering a fresh perspective on the networks of governing institutions, political groups, and political actors that influence the structure of American racial politics, King and Smith identify three distinct periods of opposing racial policy coalitions in American history. The authors investigate how today's alliances pit color-blind and race-conscious approaches against one another, contributing to political polarization and distorted policymaking. Contending that President Obama has so far inadequately confronted partisan divisions over race, the authors call for all sides to recognize the need for a balance of policy measures if America is to ever cease being a nation divided. Presenting a powerful account of American political alliances and their contending racial agendas, Still a House Divided sheds light on a policy path vital to the country's future.
Categories: Political Science

Our Divided Political Heart

Our Divided Political Heart

Yet it was that very commitment to equal protection that the Court invoked to
protect Bush from defeat. Weirdly, the doctrine was used to stop a recount whose
purpose was to move closer toward equal protection of all those voters—many of
 ...

Author: E.J. Dionne Jr.

Publisher: Bloomsbury Publishing USA

ISBN: 9781608194407

Category: Political Science

Page: 336

View: 455

America today is at a political impasse; we face a nation divided and discontented. Acclaimed political commentator E.J. Dionne argues that Americans can't agree on who we are as a nation because we can't agree on who we've been, or what it is, philosophically and spiritually, that makes us "Americans." Dionne places our current quarrels in the long-standing tradition of struggle between two core values: the love of individualism and our reverence for community. Both make us who we are, and to ignore either one is to distort our national character. He sees the current Tea Party as a representation of hyper-individualism, and takes on their agenda-serving distortions of history, from the Revolution to the Civil War and the constitutional role of government. Tea Partiers have reacted fiercely to President Obama, who seeks to restore a communitarian balance - a cause in American liberalism which Dionne traces through recent decades. The ability of the American system to self-correct may be one of its greatest assets, but we have been caught in cycles of over-correcting. Dionne seeks, through an understanding of our factious past, to rediscover the idea of true progress, and the confidence that it can be achieved.
Categories: Political Science

Doctors in a Divided Society

Doctors in a Divided Society

1988 figure not available for UCT ** Total excludes WSU 15 It is also highly
controversial as a court case in Cape Town highlighted . The parents of an Indian
girl from Durban applied for a court order compelling UCT to register their
daughter ...

Author: Mignonne Breier

Publisher: HSRC Press

ISBN: 0796921539

Category: Medical

Page: 116

View: 260

"Many of the goals of South Africa’s new democracy depend on the production of professionals who have not only the knowledge and skills to make our country globally competitive, but also a commitment to working and living here. Despite numerous reforms, the South African health system, ten years into democracy, remains divided: first world private care that ranks with middle income countries internationally at the one end, and at the other extreme, in the rural public sector in particular, conditions that are superior only to the poorest of African countries. Much work has been done to change medical school curricula in line with the primary health-care focus of government policy, and international trends towards problem-based learning. The student profile in medical schools is now not only more representative of the demographics of South Africa, but also reveals a significant increase in female students. Whether these students will stay in the country after graduating, and serve where they are needed most, remains to be seen."--Publisher's website.
Categories: Medical

The Supreme Court Race and Civil Rights

The Supreme Court  Race  and Civil Rights

These personnel changes on the Court were sufficient to establish an ideological
shift away from the liberal activism of ... Its legacy was that of a 'transitional Court':
a Court divided between what the Warren Court accomplished and what the ...

Author: Abraham L. Davis

Publisher: SAGE Publications

ISBN: 9781452263793

Category: Political Science

Page: 512

View: 684

Providing a well-rounded presentation of the constitution and evolution of civil rights in the United States, this book will be useful for students and academics with an interest in civil rights, race and the law. Abraham L Davis and Barbara Luck Graham's purpose is: to give an overview of the Supreme Court and its rulings with regard to issues of equality and civil rights; to bring law, political science and history into the discussion of civil rights and the Supreme Court; to incorporate the politically disadvantaged and the human component into the discussion; to stimulate discussion among students; and to provide a text that cultivates competence in reading actual Supreme Court cases.
Categories: Political Science

A Law Dictionary Adapted to the Constitution and Laws of the United States of America and of the Several States of the American Union With References to the Civil and other Systems of Foreign Law

A Law Dictionary  Adapted to the Constitution and Laws of the United States of America  and of the Several States of the American Union  With References to the Civil and other Systems of Foreign Law

A contract cannot, in general, be divided in such a manner that an action may be
brought, or a right accrue, on a part of it. ... When the judges of a court are divided
into three classes, each holding a different opinion, that class which has the ...

Author: John Bouvier

Publisher:

ISBN: BSB:BSB10564912

Category: Law

Page:

View: 762

Categories: Law

The Code of Federal Regulations of the United States of America

The Code of Federal Regulations of the United States of America

( f ) ( 1 ) In this section , the “ first order dividing the marital property of the re - tiree
and the former spouse " means( i ) The original written order that first ends ( or
first documents an oral order ending ) the marriage if the court divides any marital
 ...

Author:

Publisher:

ISBN: STANFORD:36105062014340

Category: Administrative law

Page:

View: 201

The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.
Categories: Administrative law

The Handy Supreme Court Answer Book

The Handy Supreme Court Answer Book

O'Brien, David M. Storm Center: The Supreme Court in American Politics. 7th ed.
... The Role of the U.S. Supreme Court in Politics: The Least Dangerous Branch.
... A Court Divided: The Rehnquist Court and the Future of Constitutional Law.

Author: David L Hudson

Publisher: Visible Ink Press

ISBN: 9781578592647

Category: Law

Page: 512

View: 472

From the origins of the court to modern practical matters—including the federal judiciary system, the Supreme Court’s session schedule, and the argument, decision, and appeal process—this resource provides detailed answers on all aspects of the Supreme Court. Exploring the social, cultural, and political atmosphere in which judges are nominated and serve, this guide book answers questions such as When did the tradition of nine justices on the bench begin? When did the practice of hiring law clerks to assist with legal research and writing begin? and How do cases reach the Supreme Court? Details on historic decisions—including Marbury v. Madison, Brown v. Board of Education, Miranda v. Arizona, and Bush v. Gore—accompany a thorough history of all 17 Supreme Court Chief Justices.
Categories: Law

The Rehnquist Court and Criminal Justice

The Rehnquist Court and Criminal Justice

Savage, David G. “Chief Justice, 80, Led Court on a Conservative Path,” Los
Angeles Times, September 4, 2005, 21(A). Savoy, Paul. “Time for a ... A Court
Divided: The Rehnquist Court and the Future of Constitutional Law. New York:
W.W. ...

Author: Christopher E. Smith

Publisher: Lexington Books

ISBN: 9780739140826

Category: Law

Page: 334

View: 435

By analyzing the perspectives and influential decisions of individual justices on the Rehnquist Court (1986-2005), this volume reveals how a divided Supreme Court limited the scope of rights affecting criminal justice without fulfilling conservatives' goal of eliminating foundational concepts established during the Warren Court era. The era's generally conservative Supreme Court preserved rights in several contexts because individual justices do not necessarily view all constitutional rights issues through a simple, consistent philosophical lens.
Categories: Law

The Supreme Court Compendium

The Supreme Court Compendium

He is the coauthor of A Court Divided (1988), with Deborah Barrow, which won
the V. O. Key, Jr. Award for the best book on southern politics, and the
Constitutional Law for a Changing America series, with Lee Epstein. He is also
author of ...

Author: Lee Epstein

Publisher: CQ Press

ISBN: 9781483376622

Category: Law

Page: 872

View: 951

The Supreme Court Compendium provides historical and statistical information on the Supreme Court: its institutional development; caseload; decision trends; the background, nomination, and voting behavior of its justices; its relationship with public, governmental, and other judicial bodies; and its impact. With over 180 tables and figures, this new edition is intended to capture the full retrospective picture through the 2013-2014 term of the Roberts Court and the momentous decisions handed down within the last four years, including United States v. Windsor, National Federation of Independent Business v. Sebelius, and Shelby County v. Holder.
Categories: Law

The Supreme Court Reborn

The Supreme Court Reborn

United States finally came. For a Court divided 63, Taft, in a sixtyone page
opinion, sustained the decision of the Court of Claims. The section of the 1876
Act requiring Senate concurrence in the removal of a postmaster was
unconstitutional, ...

Author: William E. Leuchtenburg

Publisher: Oxford University Press

ISBN: 9780199839384

Category: Law

Page: 368

View: 392

For almost sixty years, the results of the New Deal have been an accepted part of political life. Social Security, to take one example, is now seen as every American's birthright. But to validate this revolutionary legislation, Franklin Roosevelt had to fight a ferocious battle against the opposition of the Supreme Court--which was entrenched in laissez faire orthodoxy. After many lost battles, Roosevelt won his war with the Court, launching a Constitutional revolution that went far beyond anything he envisioned. In The Supreme Court Reborn, esteemed scholar William E. Leuchtenburg explores the critical episodes of the legal revolution that created the Court we know today. Leuchtenburg deftly portrays the events leading up to Roosevelt's showdown with the Supreme Court. Committed to laissez faire doctrine, the conservative "Four Horsemen"--Justices Butler, Van Devanter, Sutherland, and McReynolds, aided by the swing vote of Justice Owen Roberts--struck down one regulatory law after another, outraging Roosevelt and much of the Depression-stricken nation. Leuchtenburg demonstrates that Roosevelt thought he had the backing of the country as he prepared a scheme to undermine the Four Hoursemen. Famous (or infamous) as the "Court-packing plan," this proposal would have allowed the president to add one new justice for every sitting justice over the age of seventy. The plan picked up considerable momentum in Congress; it was only after a change in the voting of Justice Roberts (called "the switch in time that saved nine") and the death of Senate Majority Leader Joseph T. Robinson that it shuddered to a halt. Rosevelt's persistence led to one of his biggest legislative defeats. Despite the failure of the Court-packing plan, however, the president won his battle with the Supreme Court; one by one, the Four Horsemen left the bench, to be replaced by Roosevelt appointees. Leuchtenburg explores the far-reaching nature of FDR's victory. As a consequence of the Constitutional Revolution that began in 1937, not only was the New Deal upheld (as precedent after precedent was overturned), but also the Court began a dramatic expansion of Civil liberties that would culminate in the Warren Court. Among the surprises was Senator Hugo Black, who faced widespread opposition for his lack of qualifications when he was appointed as associate justice; shortly afterward, a reporter revealed that he had been a member of the Ku Klux Klan. Despite that background, Black became an articulate spokesman for individual liberty. William E. Leuchtenburg is one of America's premier historians, a scholar who combines depth of learning with a graceful style. This superbly crafted book sheds new light on the great Constitutional crisis of our century, illuminating the legal and political battles that created today's Supreme Court.
Categories: Law

Reports of Cases Decided in the Supreme Court of the State of Georgia

Reports of Cases Decided in the Supreme Court of the State of Georgia

It will not do to allow him to bring up his case in sections , whether there is a trial
of it by a court divided in sections or not ; he must bring up his whole case as he
expects to stand upon it for all time ; and if he does not do it , neither he nor his ...

Author: Georgia. Supreme Court

Publisher:

ISBN: UOM:35112103113991

Category: Law reports, digests, etc

Page:

View: 246

Categories: Law reports, digests, etc