Kategoria BISAC: Political Science >> American Government - Judicial Branch

Two Supreme Court decisions, NCAA v. Board of Regents (1984) and NCAA v. Tarkanian (1988), shaped college sports by permitting the emergence of acommercial enterprise with high financial stakes, 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 therulings, and the consequences of those rulings. He proposes a federal statute that would grant the NCAA a limited "educational exemption" fromantitrust laws, enabling it to enhance...

Tamara R. Piety argues that increasingly expansive First Amendment protections for commercial speech imperil public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment.Using evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies, she shows how overly permissive extensions of protections to commercialexpression limitgovernmental power to address a broad range of public policy issues.

Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made.

The authors derive...

How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is...

The Steps to the Supreme Court takes a lively, narrative approach to the subject by following two real cases--one civil, one criminal--as they work their way through the system all the way up to the Supreme Court. Written by a member of the Supreme Court bar, this book brings the legal system to life in a practical, accessible, and compelling way.

• Covers the key legal terms, principles, and processes you need to have a basic grasp of the American legal system
• Tracks the criminal...

Europeanization of Judicial Review argues that the higher complexity of the political framework in which laws are made today leads to less well-designed laws and loop-holes, allowing politicians to leave decisions to the courts. The higher complexity of the political framework is a result of the need in the EU to consider both national and European legal and political rules when phrasing new laws. Both to decrease the complexity in the design of legislation and to preserve the ideal of the rule of law, the courts now are more likely to rule laws unconstitutional.

Both the U.S. Supreme Court and the Congressional Black Caucus (CBC) claim to advocate minority political interests, yet they disagree over the intent and scope of the Voting Rights Act (VRA), as well as the interpretation of the equal protection clause of the 14th Amendment. Whereas the Court promotes color-blind policies, the CBC advocates race-based remedies. Setting this debate in the context of the history of black political thought, Rivers examines a series of high-profile districting cases, from Rodgers v. Lodge (1982) through NAMUDNO v. Holder (2009). She evaluates...

These original essays by major scholars of judicial behavior explore the frequency, intensity, and especially the causes of conflict and consensus among judges on American appellate courts. Together, these studies provide new insights into judges' attitudes and values, role perceptions, and small group interactions.

In the post-9/11 world, profiling by law enforcement has become "standard operating procedure." Profiling by prosecutors, judges, and corrections officers is pervasive in other criminal justice contexts as well. Is profiling actually effective in preventing crime or identifying likely offenders and therefore justifiable? This accessible, single-volume reference book examines profiling as it pertains to the criminal justice system in the United States, providing non-partisan information that illuminates the full scope of the profiling issue and discusses the possible impact of profiling on...

"Irresistible...A brilliantly layered account of the Roberts Court filled with memorable stories...This book is a joy to read from start to finish."-Doris Kearns Goodwin, author of Team of Rivals and The Bully Pulpit

From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain...