Judges on Judgingtxt,chm,pdf,epub,mobi下载 作者: David M Obrien 出版社: CQ Press 副标题: Views from the Bench, 3rd Edition 出版年: 2008-9-18 页数: 338 定价: USD 42.00 装帧: Paperback ISBN: 9780872899513 内容简介 · · · · · ·Let the Judges tell your students how they reach a verdict. Thoroughly revised, with expanded historical and international coverage, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. In this wide-ranging collection, Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, con... 作者简介 · · · · · ·David M. O'Brien is Leone Reaves and George W. Spicer Professor of Government and Foreign Affairs at the University of Virginia. He has served as a Judicial Fellow and a research associate in the Office of the Administrative Assistant to the Chief Justice at the Supreme Court. He is author and coauthor of numerous books, including To Dream of Dreams: Religious Freedom and Const... 目录 · · · · · ·Part I. Judicial Review and American Politics: Historical and Political PerspectivesIntroduction 1. The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury Chief Justice Warren E. Burger Supreme Court of the United States 2. The Supreme Court in the American System of Government · · · · · · () Part I. Judicial Review and American Politics: Historical and Political Perspectives Introduction 1. The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury Chief Justice Warren E. Burger Supreme Court of the United States 2. The Supreme Court in the American System of Government Justice Robert H. Jackson Supreme Court of the United States Part II. The Dynamics of the Judicial Process Introduction 3. Advice and Consent in Theory and Practice Judge Roger J. Miner U.S. Court of Appeals, Second Circuit 4. The ‘Fight’ Theory Versus the ‘Truth’ Theory Judge Jerome Frank U.S. Court of Appeals, Second Circuit 5. The Adversary Judge: The Experience of the Trial Judge Judge Marvin E. Frankel U.S. District Court, Southern District of New York 6. The Business of the U.S. District Courts Judge D. Brock Hornby U.S. District Court, District of Maine 7. What I Ate for Breakfast and Other Mysteries of Judicial Decision Making Judge Alex Kozinski U.S. Court of Appeals, Ninth Circuit 8. Whose Federal Judiciary Is It Anyway? Judge Stephen Reinhardt U.S. Court of Appeals, Ninth Circuit 9. What Really Goes on at the Supreme Court Justice Lewis F. Powell Jr. Supreme Court of the United States 10. The Supreme Court’s Conference Chief Justice William H. Rehnquist Supreme Court of the United States 11. Deciding What to Decide: The Docket and the Rule of Four Justice John Paul Stevens Supreme Court of the United States 12. The Role of Oral Argument Justice John M. Harlan II Supreme Court of the United States 13. Year-End Report on the Federal Judiciary (2007) Chief Justice John G. Roberts, Jr. Supreme Court of the United States Part III. The Judiciary and the Constitution Introduction 14. The Path of Law Justice Oliver Wendell Holmes Supreme Court of the United States 15. The Judge as a Legislator Justice Benjamin N. Cardozo Supreme Court of the United States 16. The Notion of a Living Constitution Chief Justice William H. Rehnquist Supreme Court of the United States 17. A Relativistic Constitution Judge William Wayne Justice U.S. District Court, Eastern District of Texas 18. The Jurisprudence of Judicial Restraint: A Return to the Moorings Judge J. Clifford Wallace U.S. Court of Appeals, Ninth Circuit 19. Tradition and Morality in Constitutional Law Judge Robert H. Bork U.S. Court of Appeals, District of Columbia Circuit 20. What Am I, a Potted Plant? The Case Against Strict Constructionism Judge Richard A. Posner U.S. Court of Appeals, Seventh Circuit 21. Originalism: The Lesser Evil Justice Antonin Scalia Supreme Court of the United States 22. The Constitution: A Living Document Justice Thurgood Marshall Supreme Court of the United States 23. The Constitution of the United States: Contemporary Ratification Justice William J. Brennan Jr. Supreme Court of the United States 24. Speaking in a Judicial Voice: Reflections on Roe v. Wade Justice Ruth Bader Ginsburg Supreme Court of the United States 25. Our Democratic Constitution Justice Stephen G. Breyer Supreme Court of the United States 26. Against Constitutional Theory Judge Richard A. Posner U.S. Court of Appeals, Seventh Circuit 27. The Importance of Comparative Law Chief Justice Aharon Barak Supreme Court of Israel 28. The Two Faces of Judicial Activism Judge William Wayne Justice U.S. District Court, Eastern District of Texas Part IV. The Judiciary and Federal Regulation: Line Drawing and Statutory Interpretation Introduction 29. Some Reflections on the Reading of Statutes Justice Felix Frankfurter Supreme Court of the United States 30. What Does Legislative History Tell Us? Judge Frank H. Easterbrook U.S. Court of Appeals, Seventh Circuit Part V. Our Dual Constitutional System: The Bill of Rights and the States Introduction 31. The Bill of Rights Justice Hugo L. Black Supreme Court of the United States 32. Guardians of Our Liberties--State Courts No Less than Federal Justice William J. Brennan Jr. Supreme Court of the United States 33. First Things First: Rediscovering the States’ Bills of Rights Justice Hans A. Linde Oregon State Supreme Court 34. State Courts at the Dawn of a New Century: Common Law Courts Reading Statutes and Constitutions Chief Judge Judith S. Kaye New York Court of Appeals · · · · · · () |
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