Symposium In Honor Of John Hart Ely

Symposium in Honor of John Hart Ely PDF Book Detail:
Author: Symposium in Honor of John Hart Ely. 2004, Stanford, Calif..
Publisher:
ISBN:
Size: 62.56 MB
Format: PDF, Docs
Category :
Languages : un
Pages : 258
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Book Description:

The Promise Of Sb 118

The Promise of SB 118 PDF Book Detail:
Author: California. Legislature. Senate. Select Committee on California's Wine Industry
Publisher:
ISBN:
Size: 80.52 MB
Format: PDF, Docs
Category : Direct selling
Languages : en
Pages :
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Book Description:

Cosmic Constitutional Theory

Cosmic Constitutional Theory PDF Book Detail:
Author: J. Harvie Wilkinson III
Publisher: Oxford University Press
ISBN: 0199846022
Size: 61.42 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 176
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Book Description: American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert Bork and Richard Posner, have all produced seminal interpretations of our Founding document, but ones that promise to imbue courts with unprecedented powers. While crediting the theorists for the sparkling quality of their thoughts, Judge Wilkinson argues they will slowly erode the role of representative institutions in America and leave our children bereft of democratic liberty. The loser in all the theoretical fireworks is the old and honorable tradition of judicial restraint. The judicial modesty once practiced by Learned Hand, John Harlan, and Oliver Wendell Holmes has given way to competing schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. Each of these seemingly disparate theories promises their followers an intellectually respectable route to congenial political outcomes from the bench. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.

Judicial Restraint In America

Judicial Restraint in America PDF Book Detail:
Author: Evan Tsen Lee
Publisher: Oxford University Press
ISBN: 0195340345
Size: 65.42 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 232
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Book Description: This traces the cultural, social, and intellectual forces that shaped the contours of judicial restraint from the time of John Marshall, through the Warren Court, and up to the present.

Current Law Index

Current Law Index PDF Book Detail:
Author:
Publisher:
ISBN:
Size: 75.53 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages :
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Book Description:

In Honor Of Justice Douglas

In Honor of Justice Douglas PDF Book Detail:
Author: Fairhaven College William O. Douglas Symposium
Publisher: Praeger
ISBN:
Size: 63.85 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 231
View: 4857

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Book Description: