Rationing Justice on Appeal
Title | Rationing Justice on Appeal PDF eBook |
Author | Thomas E. Baker |
Publisher | |
Pages | 492 |
Release | 1994 |
Genre | Law |
ISBN |
The Rationing of Justice
Title | The Rationing of Justice PDF eBook |
Author | Arnold S. Trebach |
Publisher | |
Pages | 378 |
Release | 1964 |
Genre | Criminal investigation |
ISBN |
Rationing Justice
Title | Rationing Justice PDF eBook |
Author | Louise Palmer Fortmann |
Publisher | |
Pages | 496 |
Release | 1973 |
Genre | Legal aid |
ISBN |
Rationing Justice on Appeal
Title | Rationing Justice on Appeal PDF eBook |
Author | Thomas E. Baker |
Publisher | |
Pages | 492 |
Release | 1994 |
Genre | Law |
ISBN |
Rationing the Constitution
Title | Rationing the Constitution PDF eBook |
Author | Andrew Coan |
Publisher | Harvard University Press |
Pages | 281 |
Release | 2019-04-29 |
Genre | Law |
ISBN | 0674986954 |
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Rationing Justice
Title | Rationing Justice PDF eBook |
Author | Kris Shepard |
Publisher | LSU Press |
Pages | 408 |
Release | 2009-04-01 |
Genre | History |
ISBN | 0807134163 |
Established in 1964, the federal Legal Services Program (later, Corporation) served a vast group of Americans desperately in need of legal counsel: the poor. In Rationing Justice, Kris Shepard looks at this pioneering program's effect on the Deep South, as the poor made tangible gains in cases involving federal, state, and local social programs, low-income housing, consumer rights, domestic relations, and civil rights. While poverty lawyers, Shepard reveals, did not by themselves create a legal revolution in the South, they did force southern politicians, policy makers, businessmen, and law enforcement officials to recognize that they could not ignore the legal rights of low-income citizens. Having survived for four decades, America's legal services program has adapted to ever-changing political realities, including slashed budgets and severe restrictions on poverty law practice adopted by the Republican-led Congress of the mid-1990s. With its account of the relationship between poverty lawyers and their clients, and their interaction with legal, political, and social structures, Rationing Justice speaks poignantly to the possibility of justice for all in America.
Rationing Health Care in America
Title | Rationing Health Care in America PDF eBook |
Author | Larry R. Churchill |
Publisher | |
Pages | 200 |
Release | 1987 |
Genre | Medical |
ISBN |