Author: Louis J. Virelli III
Release Date: 2016-06-03
Disqualifying the High Court is a path-breaking book that thoughtfully explores Supreme Court recusal through the lens of separation of powers and other constitutional principles. It rewards readers with new and valuable insights and information about the increasingly important, and surprisingly complicated, topic of Supreme Court recusal, as well as about these constitutional principles and the Court itself
Author: Greg Goelzhauser
Publisher: Temple University Press
Release Date: 2016-06-15
Since 1940, more than half of all states have switched at least in part from popular election or elite appointment to experiment with merit selection in choosing some or all of their state supreme court justices. Under merit selection, a commission—often comprising some combination of judges, attorneys, and the general public—is tasked with considering applications from candidates vying to fill a judicial vacancy. Ostensibly, the commission forwards the best candidates to the governor, who ultimately appoints them. Presently, numerous states are debating whether to adopt or abolish merit selection. In his short, sharp book, Choosing State Supreme Court Justices, Greg Goelzhauser utilizes new data on more than 1,500 state supreme court justices seated from 1960 through 2014 to answer the question, Does merit selection produce better types of judges? He traces the rise of merit selection and explores whether certain judicial selection institutions favor candidates who have better qualifications, are more diverse, and have different types of professional experience. Goelzhauser’s results ultimately contribute to the broader debate concerning comparative institutional performance with respect to state judicial selection.
Author: R Grant Hammond
Publisher: Bloomsbury Publishing
Release Date: 2009-07-27
The doctrine of judicial recusal enables - and may require - a judge who is lawfully appointed to hear and determine a case to stand down from that case, leaving its disposition to another colleague or colleagues. The subject is one of considerable import and moment, not only to 'insiders' in the judiciary, but also to litigants and their lawyers. Understanding the principles which guide recusal is also to understand the fundamentals of judging in the common law tradition. The subject is therefore of considerable interest both at practical and theoretical levels, for it tells us most of what we need to know about what it means "to be a judge" and what the discharge of that constitutional duty entails. Unsurprisingly therefore, the subject has attracted controversy, and some of the most savage criticisms ever directed at particular judges. The book commences with an introduction which is followed by an analysis of the essential features of the law, the legal principles (common-law origins, the law today in the USA, UK and Commonwealth) and the difficulties which currently arise in the cases and by operation of statute. The third part looks at process, including waiver, necessity, appellate review, and final appeals. Three specific problem areas (judicial misconduct in court, prior viewpoints, and unconcious bias) are then discussed. The book ends with the author's reflections on future developments and possible reforms of recusal law.
Author: Walter W. Heiser
Release Date: 2012-07-25
Written for upper-level law students who intend to practice law in California, this book emphasizes those aspects of California civil procedure that deviate from the federal system. California Civil Procedure aims to serve several functions. First, upon completion of a course using this casebook, students are prepared to more competently conduct civil litigation in the California courts upon graduation. Furthermore, this book represents the procedural advantages and disadvantages of litigating in California state courts as opposed to federal courts so new lawyers can make an informed choice between filing an action in one system or the other. This book also provides students with a brief summary of the federal or general position on each major topic as a basis of comparison and as a review of first-year civil procedure.
Author: Stephen E. Gottlieb
Publisher: NYU Press
Release Date: 2016-01-08
Asked if the country was governed by a republic or a monarchy, Benjamin Franklin replied, “A republic, if you can keep it.” Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America’s survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent—illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy. A senior scholar of constitutional law, Gottlieb brings a pioneering will to his theoretical and comparative criticism of the Roberts Court. The Roberts Court decisions are not examined in a vacuum but instead viewed in light of constitutional politics in India, South Africa, emerging Eastern European nations, and others. While constitutional decisions abroad have contributed to both the breakdown and strengthening of democratic politics, decisions in the Roberts Court have aggravated the potential destabilizing factors in democratic governments. Ultimately, Unfit for Democracy calls for an interpretation of the Constitution that takes the future of democracy seriously. Gottlieb warns that the Roberts Court’s decisions have hurt ordinary Americans economically, politically, and in the criminal process. They have damaged the historic American melting pot, increased the risk of anti-democratic paramilitaries, and clouded the democratic future.
50 Leading Cases of Supreme Court of India www.discountbookstore.in 50 Leading Cases of Supreme Court of India BY --- ASHUTOSH KUMAR MISHRA For -- Discount Book Store Published By : -- Discount Book Store Website -- http://www.discountbookstore.in/ Email – [email protected] , [email protected] Find us on Facebook --- @ https://www.facebook.com/lawtech.india Disclaimer: This document is being furnished to you for your information. You may choose to reproduce or redistribute this information for non-commercial purposes in part or in full to any other person with due acknowledgement of http://discountbookstore.in/ Discount Book Store makes every effort to use reliable and comprehensive information, but Discount Book Store does not represent that this information is accurate or complete. This data has been collated without regard to the objectives or opinions of those who may receive it. 2 50 Leading Cases of Supreme Court of India www.discountbookstore.in Table of Contain Contains Part I Facts in Brief Arguments Highlights of Judgments For Common Man Part II Full Text of Judgments with equivalent citation 3 50 Leading Cases of Supreme Court of India www.discountbookstore.in Table of Case Reported 1. A.D.M. Jabalpur v. Shiv Kant Shukla (The Habeas Corpus Case) 2. Ajit Singh v. State of Punjab 3. Apparel Export Promotion Council v. A.K. Chopra 4. Bachan Singh v. State of Punjab 5. BALCO Employees Union v. Union of India 6. Bandhua Mukti Morcha v. Union of India 7. Budhan Choudhary v. State of Bihar 8. Chief Forest Conservator (Wild Life) v. Nisar Khan 9. D.K. Basu v. State of West Bengal 10. Daniel Latifi v. Union of India 11. Dr (Mrs.) Vijaya Manohar Arbat v. Kashirao Rajaram Sawai 12. Dr. Mahachandra Prasad Singh v. Chairman, Bihar Legislative Council 13. Dr. Pradeep Jain v. Union of India 14. Ex-Capt. Harish Uppal v. Union of India 15. Forum, Prevention of Envn. and Sound Pollution v. Union of India 4 50 Leading Cases of Supreme Court of India www.discountbookstore.in 16. Gaurav Jain v. Union of India 17. Hoechst Pharmaceuticals Ltd. v. State of Bihar 18. I.C. Golak Nath v . State of Punjab 19. In re, Vinay Chandra Mishra 20. In Re: Death of Sawinder Singh Grover 21. Indian Council for Enviro-Legal Action v. Union of India 22. Indra Sawhney v. Union of India 23. L. Chandra Kumar v. Union of India 24. Laxmi Kant Pandey v. Union of India 25. M/s Modi Cements Limited v. Shri Kuchil Kumar Nandi 26. M/s Shantistar Builders v. Narayan Khimalal Totame 27. Mackinnon Mackenzie & Co. Ltd. v. Audrey D'costa 28. Maneka Gandhi v. Union of India 29. Minerva Mills v. Union of India 30. Mr. X v. Hospital Z 31. Nandini Satpathy v. P.L. Dani 32. Narayan Prasad Lohia v. Nikunj Kumar Lohia 33. Narmada Bachao Andolan v. Union of India 34. Poonam Verma v. Dr. Ashwin Patel 35. Parmanand Katara v. Union of India 36. PUCL v. Union of India 5 50 Leading Cases of Supreme Court of India www.discountbookstore.in 37. Rai Sahib Ram Jawaya Kapur v. State of Punjab 38. Rupa Ashok Hurra v. Ashok Hurra 39. S.P.Sampath Kumar v. Union of India 40. Sakshi v. Union of India 41. Sheela Barse v. State of Maharashtra 42. Bodhisattwa Gautam v. Miss Subhra Chakraborty 43. Gian Kaur v. State of Punjab 44. Sarla Mudgal v. Union of India 45. Standard Chartered Bank v. Directorate of Enforcement 46. State of Gujarat v. Hon'ble High Court of Gujarat 47. State of Rajasthan v. Union of India 48. Sunil Batra (II) v. Delhi Administration 49. Vincent v. Union of India 50. Vishaka v. State of Rajasthan 6 50 Leading Cases of Supreme Court of India www.discountbookstore.in
Author: Sujit Choudhry
Publisher: Oxford University Press
Release Date: 2016-05-12
The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.
Author: ABA Center for Professional Conduct
Publisher: American Bar Association
Release Date: 2009
The Model Rules of Professional Conduct offers timely information on lawyer ethics. The black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules help lawyers identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the lawyer's relationship with clients, colleagues, and the courts.
Author: Vincent Phillip Munoz
Publisher: Rowman & Littlefield
Release Date: 2015-03-27
Genre: Political Science
Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. This book represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America.