Kategoria BISAC: Political Science >> Law Enforcement

Twenty years after the signing of the Paris Accords, the constitutional ambiguities of American involvement in the Vietnam War remain unresolved. John Hart Ely examines the overall constitutionality of America's role in Vietnam; and shows that Congress authorized each new phase of American involvement without committing itself to the stated aims of intervention.

An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by...

CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges....

The belief that U.S. presidents' legislative policy formation has centralized over time, shifting inexorably out of the executive departments and into the White House, is shared by many who have studied the American presidency. Andrew Rudalevige argues that such a linear trend is neither at all certain nor necessary for policy promotion. In Managing the President's Program, he presents a far more complex and interesting picture of the use of presidential staff. Drawing on transaction cost theory, Rudalevige constructs a framework of "contingent centralization" to predict when...

Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally...

Since the early 1960s, scholarly thinking on the power of U.S. presidents has rested on these words: "Presidential power is the power to persuade." Power, in this formulation, is strictly about bargaining and convincing other political actors to do things the president cannot accomplish alone. Power without Persuasion argues otherwise. Focusing on presidents' ability to act unilaterally, William Howell provides the most theoretically substantial and far-reaching reevaluation of presidential power in many years. He argues that presidents regularly set public policies over vocal...

Franck challenges three propositions central to current debates over the...

As the authors remind us, since the Judiciary Act of 1789, federal trial judges have been politically appointed, a process frequently the object of partisan scorn. Marshall's famous Marbury v. Madison case was triggered by the highly politicized appointment of William Marbury. FDR tried to protect his...

Harriger offers the most complete assessment available of the use of special prosecutors in the post-Watergate era. She analyzes the independent counsel's role...

Harriger offers the most complete assessment available of the use of special prosecutors in the post-Watergate era. She analyzes the independent counsel's role...

The Supreme Court and Juvenile Justice takes in a century of change to focus on how the Supreme Court brought the juvenile court system under constitutional...