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The federal courts are the world's most powerful judiciary and a vital element of the American political system. In recent decades, these courts have experienced unprecedented growth in caseload and personnel. Many judges and lawyers believe that a "crisis in quantity" is imperiling the ability of the federal judiciary to perform its historic function of administering justice fairly and expeditiously. In a substantially revised edition of his widely acclaimed 1985 book The Federal Courts: Crisis and Reform, Chief Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit provides a comprehensive evaluation of the federal judiciary and a detailed program of judicial reform. Drawing on economic and political theory as well as on legal analysis and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises the concerns that have been expressed with the courts' performance, and presents a variety of proposals for both short-term and fundamental reform. In contrast to some of the direr prophecies of observers of the federal courts, Posner emphasizes the success of these courts in adapting to steep caseload growth with minimum sacrifice in quality. Although the book ranges over a variety of traditional topics in federal jurisdiction, the focus is steady on federal judicial administration conceived of as an interdisciplinary approach emphasizing system rather than doctrine, statistics rather than impressions, and caseload rather than cases. Like the earlier edition, this book promises to be a landmark in the empirical study of judicial administration.

Courts --- Judicial process --- Judges --- Court congestion and delay --- Federal courts

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This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.

Judicial process --- Appellate courts --- Federal courts of appeal

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Plea bargaining --- Sentences (Criminal procedure) --- Criminal justice, Administration of --- Drug traffic --- Drugs of abuse --- Law and legislation --- Criminal provisions. --- Federal courts

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"Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume's contributors analyse the centralizing or decentralizing forces at play following a court's ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country's federal system, explains the constitutional and institutional status of the court system, and discusses the high court's jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world's leading federations."--

Constitutional courts. --- Federal government --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- Constitutional courts --- Cours constitutionnelles --- Gouvernement fédéral --- Federal government. --- Verfassungsgericht --- Föderalismus --- Einheitsstaat --- Rechtsvergleich --- Federal courts

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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930's, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Constitutional history --- United States --- Constitutional law --- Judicial review --- United States. Supreme Court --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- Commerce Clause. --- Congress. --- Constitution in Exile movement. --- Constitution. --- Due Process Clauses. --- First Amendment. --- Footnote Four. --- Fourteenth Amendment. --- Gibbons v. Ogden. --- John Marshall. --- Lawrence v. Texas. --- Necessary and Proper Clause. --- Ninth Amendment. --- Presumption of Liberty. --- Privileges or Immunities Clause. --- Slaughter-House Cases. --- Supreme Court. --- U.S. Constitution. --- We the People. --- commerce. --- consent of the governed. --- consent. --- constitutional interpretation. --- constitutional law. --- constitutional legitimacy. --- constitutional meaning. --- constitutional scholarship. --- construction. --- democracy. --- divine right. --- economic liberty. --- federal courts. --- federal laws. --- federal power. --- government. --- immunities. --- interpretation. --- judges. --- judicial doctrines. --- judicial nullification. --- judicial power. --- judicial review. --- judicial supremacy. --- law. --- laws. --- legislation. --- legislative activism. --- liberty rights. --- liberty. --- majoritarianism. --- natural rights. --- necessary and proper. --- necessity. --- original intent. --- original meaning. --- originalism. --- police power. --- popular sovereignty. --- presumed consent. --- presumption of constitutionality. --- privileges. --- proper. --- rights. --- state laws. --- state power. --- unconstitutional laws. --- unenumerable rights. --- unenumerated rights.