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  • When Dissents Matter

    Judicial Dialogue through US Supreme Court Opinions

    Series series Constitutionalism and Democracy
    The ability of US Supreme Court justices to dissent from the majority, to formally register and explain their belief that a case has been wrongly decided, represents a time-honored tradition of perhaps the most august American institution. Yet the impact of these dissents, which allow justices to engage in a dialogue over law and policy, has seldom, if ever, been the focus of dedicated study. ... Read more

    $29.99 USD

  • Gendered Vulnerability

    How Women Work Harder to Stay in Office

    Series series Legislative Politics And Policy Making
    Gendered Vulnerability examines the factors that make women politicians more electorally vulnerable than their male counterparts. These factors combine to convince women that they must work harder to win elections—a phenomenon that Jeffrey Lazarus and Amy Steigerwalt term “gendered vulnerability.” Since women feel constant pressure to make sure they can win reelection, they devote more of their ... Read more

    $17.99 USD

  • The Puzzle of Unanimity

    Consensus on the United States Supreme Court

    The U.S. Supreme Court typically rules on cases that present complex legal questions. Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines, it's commonly assumed that the Court routinely hands down equally-divided decisions. Yet the justices actually issue unanimous decisions in approximately one third of the cases they decide.Drawing on ... Read more

    $49.99 USD

  • Judging Law and Policy

    Courts and Policymaking in the American Political System

    To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin ... Read more

    $76.99 USD

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  • Reflections on Judging

    For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law. ... Read more

    $30.99 USD

  • The U.S. Supreme Court

    A Very Short Introduction

    Series series Very Short Introductions
    For thirty years, Linda Greenhouse, the Pulitzer Prize-winning author of The U.S. Supreme Court: A Very Short Introduction, chronicled the activities of the justices as the Supreme Court correspondent for the New York Times. In this concise volume, she draws on her deep knowledge of the court's history as well as of its written and unwritten rules to show the reader how the Supreme Court really ... Read more

    $7.99 USD

  • Weak Courts, Strong Rights

    Judicial Review and Social Welfare Rights in Comparative Constitutional Law

    by Mark Tushnet ...
    Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the ... Read more

    $28.99 USD

  • The Classical Liberal Constitution

    The Uncertain Quest for Limited Government

    American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs ... Read more

    $27.99 USD

  • Worse Than Nothing

    The Dangerous Fallacy of Originalism

    Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretationOriginalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court’s nine justices explicitly ... Read more

    $20.99 USD

  • Constitutional Fate

    Theory of the Constitution

    Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day. ... Read more

    $59.99 USD

  • The Power of Precedent

    The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court, Congress, and the executive branch constrained by precedent? To what extent should they be? Taking up a topic long overdue for comprehensive ... Read more

    $43.99 USD

  • Decision Making by the Modern Supreme Court

    There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions ... Read more

    $31.99 USD