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How does the language of legislative statutes affect judicial behavior? Scholars of the judiciary have rarely studied this question despite statutes being, theoretically, the primary opportunity for legislatures to ensure that those individuals who interpret the law will follow their preferences. In Checking the Courts, Kirk A. Randazzo and Richard W. Waterman offer a model that integrates ideological and legal factors through an empirical measure of statutory discretion. The model is tested across multiple judicial institutions, at both the federal and state levels, and reveals that judges are influenced by the levels of discretion afforded in the legislative statutes. In those cases where lawmakers have clear policy preferences, legislation encourages judges to strictly interpret the plain meaning of the law. Conversely, if policy preferences are unclear, legislation leaves open the possibility that judges will make decisions based on their own ideological policy preferences. Checking the Courts thus provides us with a better understanding of the dynamic interplay between law and ideology.
Judicial process --- Political questions and judicial power --- Constitutional law
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While the majority of the landmark laws and legal precedents expanding access to justice in the United States remain intact, less than 2 percent of civil cases are decided by a trial today. What explains this phenomenon, and why it is so difficult to get one's day in court? This book examines the sustained efforts of political and legal actors to scale back access to the courts in the decades since it was expanded, largely in the service of the rights revolution of the 1950s and 60s.
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This book follows Tooley in his travels from the largest shanty town in Africa to the mountains of Gansu, China, and of the children, parents, teachers, and entrepreneurs who taught him that the poor are not waiting for educational handouts. They are building their own schools and learning to save themselves.
Civil rights --- Due process of law --- Political questions and judicial power --- Liberty --- Philosophy.
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"This book is about judicial reasoning in human rights cases. The aim is explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways?"--Page i.
Human rights. --- Judicial opinions. --- Political questions and judicial power. --- Proportionality in law.
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Judicial review --- United States. --- United States. Supreme Court --- United States --- Political questions and judicial power --- Judicial review - United States --- Etats-Unis
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After the decisions in Lawrence v. Texas (2003) and Roper v. Simmons (2005), the Supreme Court's use of foreign law became a hotly contested issue in Congress, the media, and among conservative political activists. Lawrence Baum (2006) argues the Justices are sensitive and respond to the reaction of external audiences. The reaction of the Justices to the controversy over the use of foreign law indicates that the Justices care more about cases than just their disposition or particular policy agendas, and provides further evidence that the Justices take into account their relationships with othe
Law --- Political questions and judicial power --- International and municipal law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Foreign influences.
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Campaign funds --- Financial disclosure --- Political action committees --- Corporate speech --- Political corruption --- Political questions and judicial power --- Citizens United --- Citizens United. --- Trials, litigation, etc. --- United States.
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Campaign funds --- Financial disclosure --- Political action committees --- Corporate speech --- Political corruption --- Political questions and judicial power --- Campaign funds. --- Corporate speech. --- Financial disclosure. --- Political action committees. --- Political corruption. --- Political questions and judicial power. --- Citizens United --- Citizens United. --- Trials, litigation, etc. --- United States.
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"This book is about judicial reasoning in human rights cases. The aim is explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways?"--Page i.
Human Rights --- Judicial opinions --- Proportionality in law --- Political questions and judicial power --- Human rights. --- Judicial opinions. --- Etats-Unis --- Royaume-Uni --- Afrique du Sud --- Australie --- Israël --- Belgique --- Canada --- France --- Allemagne --- Pays-Bas --- Grèce --- Hongrie --- Inde --- Irlande --- Portugal
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