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Government litigation --- Executive power --- Litigation, Government --- Court proceedings --- Procedure (Law) --- History. --- United States. --- Solicitor General (U.S.) --- U.S. Solicitor General
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The United States government, represented by the Office of the Solicitor General, appears before the Supreme Court more than any other litigant. The Office's link to the president, the arguments it makes before the Court and its ability to alter the legal and policy landscape make it the most important Supreme Court litigant bar none. As such, scholars must understand the Office's role in Supreme Court decision making and its ability to influence the Court. It examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision-making process. From granting review to cases, selecting winning parties, writing opinions and interpreting precedent, the Solicitor General's office influences the Court to behave in ways it otherwise would not.
Judicial process --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- Solicitor General (U.S.) --- U.S. Solicitor General --- Influence. --- Law --- General and Others
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Using interviews with solicitors general and their staffs and analyzing Supreme Court cases, Pacelle looks at three hotly contested policy areas-race, gender, and reproductive rights-to see how the office balances the goals of the president, Congress, and the Supreme Court.
Law --- Reproductive rights --- Birth control --- Sex discrimination --- Race discrimination --- Civil rights --- Political questions and judicial power --- Reproductive freedom --- Sexual rights --- Abortion --- Contraception --- Human reproduction --- Involuntary sterilization --- Law and politics --- Discrimination, Sexual --- Gender discrimination --- Sexual discrimination --- Discrimination --- Sexism --- Gender mainstreaming --- Political aspects. --- Law and legislation --- United States. --- Solicitor General (U.S.) --- U.S. Solicitor General
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Social problems --- Canada --- Victims of crimes --- Reparation --- Government policy --- Legal status, laws, etc. --- Canada. --- Reparation (Criminal justice) --- Legal status, laws, etc --- 343.92 --- -Reparation --- -Victims of crimes --- -Crime victims --- Victimology --- Victims --- Compensation for victims of crime --- Criminal restitution --- Restitution (Criminal justice) --- Restitution for victims of crime --- Remedies (Law) --- Maatschappij en criminaliteit --- -Government policy --- -Legal status, laws, etc --- -Canada. Ministry of the Solicitor General --- -Maatschappij en criminaliteit --- 343.92 Maatschappij en criminaliteit --- -343.92 Maatschappij en criminaliteit --- Crime victims --- Victims of crimes - Government policy - Canada --- Victims of crimes - Legal status, laws, etc - Canada --- Reparation (Criminal justice) - Government policy - Canada --- Reparation (Criminal justice) - Canada
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How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.
Political questions and judicial power --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- American law. --- Court behavior. --- Court voting. --- Richard Nixon. --- Supreme Court justices. --- U.S. Congress. --- U.S. president. --- attitudinal model. --- constitution. --- constitutional cases. --- constitutional order. --- decision making. --- deference. --- elected branches. --- executive branch. --- executive influence. --- historical context. --- judicial decision-making. --- judicial decisions. --- judicial preferences. --- judicial restraint. --- judiciary. --- law. --- legal constraints. --- legal doctrine. --- legal doctrines. --- legal values. --- personal experiences. --- personal policy preference. --- policy preference. --- policy preferences. --- political system. --- politics. --- precedent. --- precedents. --- president. --- solicitor general. --- stare decisis. --- statutory cases.
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"Despite assertions about the unprecedented nature of his presidency, few of Trump's policies have been novel; many had been proposed in varied form throughout the latter years of the 20th century. Yet it was not until 9/11 that many of these policies started to take hold. In this intellectual and political history, Greenberg traces the evolving language, law, governance and policy that began to redefine the nation in the wake of 9/11 and shows how these took a transformative step forward under Donald Trump. Rampant executive power, exceptionalism in foreign affairs, racism and xenophobia, disinformation, and a disdain for the law-all found secure footing initially after the attacks of 9/11 and with new energy and rootedness in the era of Trump. Ultimately, Greenberg shows how Trump repurposed the war on terror playbook and turned it on democracy itself. The book outlines the "subtle tools" that were put into place in the wake of 9/11 and that paved the way for Trump's politics today: imprecision and vagueness in language, secrecy and the hiding of facts, bureaucratic porousness, and the abandonment of norms. Greenberg shows, for instance, how the all-encompassing language used in the Authorizations for Use of Military Force (which ultimately authorized the Iraq War) became characteristic of other policies, providing legal grounding for previously illegal practices like the indefinite detention of "detainees" at Guantanamo Bay and of children and adults at the southern border. These tools--subtle enough to evade public scrutiny--hold the key, Greenberg argues, to understanding the trajectory of our democracy over the last two decades. In mapping out democratic vulnerabilities, the book also points to the reforms that would be needed to strengthen and ground American governance. Overall, the result is a book deeply grounded in interview, legal documents, and archival work that finds a new origin point for the story of the Trump-era and reveals the deep connection between the war and terror and our current political life"-- "How policies forged after September 11 were weaponized under Trump and turned on American democracy itself. In the wake of the September 11 terror attacks, the American government implemented a wave of overt policies to fight the nation's enemies. Unseen and undetected by the public, however, another set of tools were brought to bear on the domestic front. In this riveting book, one of today's leading experts on the US security state shows how these "subtle tools" imperiled the very foundations of democracy, from the separation of powers and transparency in government to adherence to the Constitution.Taking readers from Ground Zero to the Capitol insurrection, Karen Greenberg describes the subtle tools that were forged under George W. Bush in the name of security: imprecise language, bureaucratic confusion, secrecy, and the bypassing of procedural and legal norms. While the power and legacy of these tools lasted into the Obama years, reliance on them increased exponentially in the Trump era, both in the fight against terrorism abroad and in battles closer to home. Greenberg discusses how the Trump administration weaponized these tools to separate families at the border, suppress Black Lives Matter protests, and attempt to overturn the 2020 presidential election.Revealing the deeper consequences of the war on terror, Subtle Tools paints a troubling portrait of an increasingly undemocratic America where disinformation, xenophobia, and disdain for the law became the new norm, and where the subtle tools of national security threatened democracy itself"--
War on Terrorism, 2001-2009 --- Global Struggle Against Violent Extremism, 2001-2009 --- Global War on Terror, 2001-2009 --- GWOT, 2001-2009 (War on Terrorism) --- Terror War, 2001-2009 --- Terrorism War, 2001-2009 --- War against Terrorism, 2001-2009 --- War on Terror, 2001-2009 --- Military history, Modern --- Terrorism --- World politics --- Afghan War, 2001-2021 --- Iraq War, 2003-2011 --- Operation Enduring Freedom, 2001 --- -Politcal aspects. --- Prevention --- Trump, Donald, --- Trump, Donald J., --- Tramp, Donalʹd, --- Трамп, Дональд, --- 川普唐納德, --- The Donald, --- Donald, --- Trump, Donald John, --- United States --- Politics and government --- Politcal aspects. --- Abuse of power. --- Accountability. --- Activism. --- Aftermath of the September 11 attacks. --- Aircraft. --- Al-Qaeda. --- Assassination. --- At Best. --- Attempt. --- Ballot. --- By-law. --- Civil service. --- Cold War (1985–91). --- Complaint. --- Counter-terrorism. --- Credential. --- Crime. --- Declaration of war. --- Deference. --- Deferred Action for Childhood Arrivals. --- Deportation. --- Detainer. --- Directive (European Union). --- Director of National Intelligence. --- Director of the Central Intelligence Agency. --- Director of the Federal Bureau of Investigation. --- Donald Trump. --- Economy of Iran. --- Electoral fraud. --- Enemy combatant. --- Enhanced interrogation techniques. --- Establishment Clause. --- Executive order. --- Federal government of the United States. --- Fraud. --- Gennifer Flowers. --- George W. Bush. --- Governor of Oregon. --- Hillary Clinton. --- Homeland Security Act. --- Homeland security. --- Illegal immigration. --- Immigration policy. --- Immigration. --- Inauguration. --- Injunction. --- Inspector general. --- Islamic State of Iraq and the Levant. --- Islamic terrorism. --- James Comey. --- John Ashcroft. --- Joint session. --- Law enforcement. --- Lawsuit. --- Legislator. --- Louis Freeh. --- Michael Chertoff. --- Military deployment. --- Mission creep. --- Muslims (nationality). --- National Security Entry-Exit Registration System. --- National security. --- Nomination. --- Patriot Act. --- Plaintiff. --- Politics and the English Language. --- Posse Comitatus Act. --- Prisoner of war. --- Proclamation. --- Prosecutor. --- Protest. --- Qasem Soleimani. --- Recommendation (European Union). --- Refugee. --- Reince Priebus. --- Robert Bork. --- Robert F. Kennedy. --- Rubber bullet. --- Ryan Crocker. --- Secrecy. --- Solicitor General. --- Statute. --- Taliban. --- Targeted killing. --- Tear gas. --- Terrorism. --- Torture. --- Un-American. --- United States Department of Homeland Security. --- United States Department of State. --- Unrest. --- Vetting. --- Voting Rights Act of 1965. --- Voting. --- Waiver. --- War Powers Resolution. --- War. --- Warfare. --- Watergate scandal. --- White supremacy.
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