Thorough, scholarly, and balanced, The American Indian Law Deskbook, Fourth Edition, published in February 2009, is an invaluable reference for a wide range of people working with Indian tribes, including attorneys, legal scholars, government officials, social workers, state and tribal jurists, and historians.
The 2011 Supplement reviews cases issued, as well as statutes and administrative rules adopted, from July 2010 through June 2011. It additionally covers law review articles published between spring 2010 and spring 2011.
American Indian Law Deskbook, Fourth Edition
Conference of Western Attorneys General Conference of Western Attorneys General University Press of Colorado, 2008 Library of Congress KF8205.A76 2008 | Dewey Decimal 342.730872
A collaborative effort from attorney general offices faced daily with legal questions involving state and tribal relations, the American Indian Law Deskbook, Fourth Edition is an up-to-date, comprehensive treatise on Indian law. The Deskbook provides readers with the necessary historical and legal framework to understand the complexities faced by states, Indian tribes, and the federal government in Indian country.
-The evolution of federal statutory Indian law and the judicial foundations of federal Indian policy.
-An extensive compilation and analysis of federal and state court decisions.
- Reservation and Indian lands ownership and property interests.
-The parameters of criminal jurisdiction in Indian country.
-Concepts of tribal sovereignty and jurisdiction relating to a number of specific areas, including tribal courts, hunting and fishing, environmental regulation, water rights, gaming, and child welfare.
-Cooperative approaches used by the states and tribes for resolving jurisdictional disputes and promoting better relations.
Thorough, scholarly, and balanced, the American Indian Law Deskbook, Fourth Edition is an invaluable reference for a wide range of people working with Indian tribes, including attorneys, legal scholars, government officials, social workers, state and tribal jurists, and historians. This revised edition includes information from more recent court decisions, federal statutes, administrative regulations, and law reviews.
Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.
Tamara R. Piety argues that increasingly expansive First Amendment protections for commercial speech imperil public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Using evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies, she shows how overly permissive extensions of protections to commercial expression limit governmental power to address a broad range of public policy issues.
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.
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
It cannot be fair that wealthy people enjoy better legal outcomes. That is why Frederick Wilmot-Smith argues that justice requires equal access to legal resources. At his most radical, he urges us to rethink the centrality of the market to legal systems, so that those without means can secure justice and the rich cannot escape the law’s demands.
R. Daniel Kelemen Harvard University Press, 2011 Library of Congress KJE947.K45 2011 | Dewey Decimal 341.2422
Despite western Europe’s traditional disdain for the United States’ “adversarial legalism,” the European Union is shifting toward a similar approach to the law, according to Daniel Kelemen. Coining the term “eurolegalism” to describe the hybrid, he shows how the political and organizational realities of the EU make this shift inevitable.
No sitting federal judge has ever written so trenchant a critique of the federal judiciary as Richard A. Posner does in this, his most confrontational book. He exposes the failures of the institution designed by the founders to check congressional and presidential power and resist its abuse, and offers practical prescriptions for reform.
With experience as both a trial and appellate judge, Charles Benjamin Schudson knows the burdens on judges. With engaging candor, he takes readers behind the bench to probe judicial minds analyzing actual trials and sentencings—of abortion protesters, murderers, sex predators, white supremacists, and others. He takes us into chambers to hear judges forging appellate decisions about life and death, multimillion-dollar damages, and priceless civil rights. And, most significantly, he exposes the financial, political, personal, and professional pressures that threaten judicial ethics and independence.
As political attacks on judges increase, Schudson calls for reforms to protect judicial independence and for vigilance to ensure justice for all. Independence Corrupted is invaluable for students and scholars, lawyers and judges, and all citizens concerned about the future of America's courts.
The judicial selection debate continues. Merit selection is used by a majority of states but remains the least well understood method for choosing judges. Proponents claim that it emphasizes qualifications and diversity over politics, but there is little empirical evidence regarding its performance.
In Judicial Merit Selection, Greg Goelzhauser amasses a wealth of data to examine merit selection’s institutional performance from an internal perspective. While his previous book, Choosing State Supreme Court Justices, compares outcomes across selection mechanisms, here he delves into what makes merit selection unique—its use of nominating commissions to winnow applicants prior to gubernatorial appointment.
Goelzhauser’s analyses include a rich case study from inside a nominating commission’s proceedings as it works to choose nominees; the use of public records to examine which applicants commissions choose and which nominees governors choose; evaluation of which attorneys apply for consideration and which judges apply for promotion; and examination of whether design differences across systems impact performance in the seating of qualified and diverse judges.
The results have critical public policy implications.
Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court.
In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.
Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law.
In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy.
Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate.
Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.
The People's Courts
Jed Handelsman Shugerman Harvard University Press, 2012 Library of Congress KF8776.S54 2012 | Dewey Decimal 347.7314
In the United States, almost 90 percent of state judges have to run in popular elections to remain on the bench. The People’s Courts traces the history of this peculiarly American institution and the ongoing quest for an independent judiciary—one that would ensure fairness for all before the law—from the colonial era to the present.
Like our divided nation, the Supreme Court is polarized. But does a split among Supreme Court justices—particularly when it occurs along ideological lines—hurt public perception and the Court’s ability to muster popular support for its rulings? Michael Salamone’s Perceptions of a Polarized Court offers the first comprehensive, empirical analysis of how divisiveness affects the legitimacy of the Court’s decisions.
Salamone looks specifically at the Roberts Court years—which are characterized by unprecedented ideological and partisan polarization among the justices—to evaluate the public consequences of divided Supreme Court rulings. He also analyzes both the media’s treatment of Supreme Court decisions and public opinion toward the Court’s rulings to show how public acceptance is (or is not) affected.
Salmone contends that judicial polarization has had an impact on the manner in which journalists report on the Supreme Court. However, contrary to expectation, Court dissent may help secure public support by tapping into core democratic values.
Compared to the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Andrew Coan shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law.
Since the 1980s, an array of legal and non-legal practices—labeled Transitional Justice—has been developed to support post-repressive, post-authoritarian, and post-conflict societies in dealing with their traumatic past. In Understanding the Age of Transitional Justice, the contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms and look at how genocide, mass political violence, and historical injustices are being institutionally addressed. They invite readers to speculate on what (else) the transcripts produced by these institutions tell us about the past and the present, calling attention to the influence of implicit history conveyed in the narratives that have gained an audience through international criminal tribunals, trials, and truth commissions. Nanci Adler has gathered leading specialists to scrutinize the responses to and effects of violent pasts that provide new perspectives for understanding and applying transitional justice mechanisms in an effort to stop the recycling of old repressions into new ones.