Judges and the Cities

Judges and the Cities
Author :
Publisher : University of Chicago Press
Total Pages : 276
Release :
ISBN-10 : 0226107531
ISBN-13 : 9780226107530
Rating : 4/5 (31 Downloads)

Synopsis Judges and the Cities by : Gordon L. Clark

In this remarkable inquiry into the bases of social theory, Gordon L. Clark argues that the heterogeneous nature of our society, with its pluralism of values, causes the rules of social conduct to be constantly made and remade. Examining the role of the courts in structuring and achieving social discourse, he contends that legal doctrine is no different from other social theories: judicial interpretations are constructed out of specific circumstances and conflicting values, not deduced from neutral and logical principles. There is, he asserts, no final arbiter somehow unaffected by our controversies and schisms. As concrete examples, Clark analyzes four court disputes in depth, showing that the concept of local autonomy has very different meanings and implications in each of them. These cases—Boston's defense of resident-preference hiring policies, conflict over urban land-use zoning in Toronto, a Chicago's suburb's fight against a sewage treatment plant, and the evolution of the City of Denver's power since 1900—demonstrate that legal reasoning is not impervious to other kinds of reasoning, and the solutions provided by the courts are not unique. To ground his explorations, Clark investigates both liberalism and structuralism, showing that both are inadequate bases for determining social policy. He mounts provocative critiques of the works of de Tocqueville, Nozick, Tiebout, and Posner on the one hand and Castells and Poulantzas on the other. This ambitious and important work will command the interest of geographers, political scientists, economists, sociologists, and legal scholars.

Complex Justice

Complex Justice
Author :
Publisher : UNC Press Books
Total Pages : 239
Release :
ISBN-10 : 9781469606606
ISBN-13 : 1469606607
Rating : 4/5 (06 Downloads)

Synopsis Complex Justice by : Joshua M. Dunn

In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.

51 Imperfect Solutions

51 Imperfect Solutions
Author :
Publisher : Oxford University Press
Total Pages : 288
Release :
ISBN-10 : 9780190866068
ISBN-13 : 0190866063
Rating : 4/5 (68 Downloads)

Synopsis 51 Imperfect Solutions by : Judge Jeffrey S. Sutton

When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

Black Judges on Justice

Black Judges on Justice
Author :
Publisher :
Total Pages : 290
Release :
ISBN-10 : 1565844378
ISBN-13 : 9781565844377
Rating : 4/5 (78 Downloads)

Synopsis Black Judges on Justice by : Linn Washington

The views of leading African American jurists from around the country on the way our judicial system works. Included is an interview with Abigail R. Rogers, South Carolina's first female African American judge.

The Behavior of Federal Judges

The Behavior of Federal Judges
Author :
Publisher : Harvard University Press
Total Pages : 491
Release :
ISBN-10 : 9780674070684
ISBN-13 : 0674070682
Rating : 4/5 (84 Downloads)

Synopsis The Behavior of Federal Judges by : Lee Epstein

Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.

Regionalism in Hellenistic and Roman Asia Minor

Regionalism in Hellenistic and Roman Asia Minor
Author :
Publisher : Ausonius Éditions
Total Pages : 211
Release :
ISBN-10 : 9782356132765
ISBN-13 : 2356132767
Rating : 4/5 (65 Downloads)

Synopsis Regionalism in Hellenistic and Roman Asia Minor by : Collectif

Regions and regionalism have been staples of historical analysis for the Greek world for a very long time. What is meant by a region, however, is not always obvious. The contributions in this volume seek to address the question of defining regions and working out the implications of regionalism along different dimensions of analysis for Asia Minor in the Hellenistic and Roman periods. Looking at culture, coinage, political institutions, the papers explore different markers of regional identity, consider ways in which these identities may remain stable or change over time, review the character of the interaction between regional entities and hegemonic powers, and challenge the usefulness in some cases of regional analysis. Questions of ethnicity are also addressed. This volume will be of interest to historians working in Asia Minor and also to anyone concerned with the conceptual questions around regions and regionalism in the Mediterranean world.

Radical Inclusion

Radical Inclusion
Author :
Publisher : Tom Rath
Total Pages : 197
Release :
ISBN-10 : 9781939714121
ISBN-13 : 1939714125
Rating : 4/5 (21 Downloads)

Synopsis Radical Inclusion by : Martin Dempsey

A WALL STREET JOURNAL BEST-SELLING BOOK NAMED BY THE WASHINGTON POST AS ONE OF THE 11 LEADERSHIP BOOKS TO READ IN 2018 Radical Inclusion: What the Post-9/11 World Should Have Taught Us About Leadership examines today’s leadership landscape and describes the change it demands of leaders. Dempsey and Brafman persuasively explain that today’s leaders are in competition for the trust and confidence of those they lead more than ever before. They assert that the nature of power is changing and should not be measured by degree of control alone. They offer principles for adaptation and bring them to life with examples from business, academia, government, and the military. In building their argument, Dempsey and Brafman introduce several concepts that illuminate both the vulnerability and the opportunity in leading today: Radical Inclusion. Fear of losing control in our fast-paced, complex, highly scrutinized environment is pushing us toward exclusion―exactly the wrong direction. Leaders should instead develop an instinct for inclusion. The word “radical” emphasizes the urgency of doing so. The Era of the Digital Echo. The speed and accessibility of information create “digital echoes” that make facts vulnerable, eroding the trust between leader and follower. Relinquishing Control to Preserve Power. Power and control once went hand in hand, but no longer. In today’s environment, control is seductive but unlikely to produce optimum, affordable, sustainable solutions. Leaders must relinquish and share control to build and preserve power. The principles discussed in Radical Inclusion are memorable and the book is full of engaging stories. From a young vegan’s confrontation with opponents in Berkeley to a young lieutenant’s surprising visitor during the Cold War, from a reflection on the significance of Burning Man to a discussion of challenges faced in the Situation Room, Radical Inclusion will provide you with leadership tools to address real leadership challenges.

Judges: the Flawed and the Flawless

Judges: the Flawed and the Flawless
Author :
Publisher :
Total Pages : 76
Release :
ISBN-10 : 1908762950
ISBN-13 : 9781908762955
Rating : 4/5 (50 Downloads)

Synopsis Judges: the Flawed and the Flawless by : Timothy Keller

The book of Judges is an exciting read. But it is not an easy one. These pages of the Bible feature lying, assassination, murder, massacres and worse. And that's just the judges-the men and women appointed by God to save his people, Israel, from their enemies and from themselves. It is a dark story, full of flawed individuals living in a deeply flawed society. What is it doing in the Bible? It's the gospel! Judges shows us that the Bible is not a series of nice stories-it is a book of unvarnished history. It is about real people. And it is about the real God. Judges shows us a God who is relentlessly loving to unlovely people; who continually rescues people from the consequences of their own flaws and failings; and who points forwards to the flawless Leader and Savior who he will one day send. And it shows us how to live as God's people in a society which offers a dizzying array of alternative "gods" to worship. So today, surrounded by the gods of wealth, celebrity, ideology and achievement, we need this book. These six studies will take you through the twists and turns of Judges, bringing you face to face with famous names such as Deborah, Gideon and Samson-and, still more excitingly, with God himself. Book jacket.

Judge Thy Neighbor

Judge Thy Neighbor
Author :
Publisher : Columbia University Press
Total Pages : 145
Release :
ISBN-10 : 9780231542388
ISBN-13 : 0231542380
Rating : 4/5 (88 Downloads)

Synopsis Judge Thy Neighbor by : Patrick Bergemann

From the Spanish Inquisition to Nazi Germany to the United States today, ordinary people have often chosen to turn in their neighbors to the authorities. What motivates citizens to inform on the people next door? In Judge Thy Neighbor, Patrick Bergemann provides a theoretical framework for understanding the motives for denunciations in terms of institutional structures and incentives. In case studies of societies in which denunciations were widespread, Bergemann merges historical and quantitative analysis to explore individual reasons for participation. He sheds light on Jewish converts’ shifting motives during the Spanish Inquisition; when and why seventeenth-century Romanov subjects fulfilled their obligation to report insults to the tsar’s honor; and the widespread petty and false complaints filed by German citizens under the Third Reich, as well as present-day plea bargains, whistleblowing, and crime reporting. Bergemann finds that when authorities use coercion or positive incentives to elicit information, individuals denounce out of self-preservation or to gain rewards. However, in the absence of these incentives, denunciations are often motivated by personal resentments and grudges. In both cases, denunciations facilitate social control not because of citizen loyalty or moral outrage but through the local interests of ordinary participants. Offering an empirically and theoretically rich account of the dynamics of denunciation as well as vivid descriptions of the denounced, Judge Thy Neighbor is a timely and compelling analysis of the reasons people turn in their acquaintances, with relevance beyond conventionally repressive regimes.

Representing Justice

Representing Justice
Author :
Publisher : Yale University Press
Total Pages : 719
Release :
ISBN-10 : 9780300110968
ISBN-13 : 0300110960
Rating : 4/5 (68 Downloads)

Synopsis Representing Justice by : Judith Resnik

A remnant of the Renaissance : the transnational iconography of justice -- Civic space, the public square, and good governance -- Obedience : the judge as the loyal servant of the state -- Of eyes and ostriches -- Why eyes? : color, blindness, and impartiality -- Representations and abstractions : identity, politics, and rights -- From seventeenth-century town halls to twentieth-century courts -- A building and litigation boom in Twentieth-Century federal courts -- Late Twentieth-Century United States courts : monumentality, security, and eclectic imagery -- Monuments to the present and museums of the past : national courts (and prisons) -- Constructing regional rights -- Multi-jurisdictional premises : from peace to crimes -- From "rites" to "rights" -- Courts : in and out of sight, site, and cite -- An iconography for democratic adjudication.