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123 books match the query 'Courts' and 4 start with j

cover of John Archibald Campbell: Southern Moderate, 1811–1889

John Archibald Campbell

Southern Moderate, 1811–1889

Robert Saunders Jr.

University of Alabama Press, 1997

The first full biography of the southern U.S. Supreme Court justice who championed both the U.S. Constitution and states’ rights.
 
The life of John Archibald Campbell reflects nearly every major development of 19th-century American history. He participated either directly or indirectly in events ranging from the Indian removal process of the 1830s, to sectionalism and the Civil War, to Reconstruction and redemption. Although not a defender of slavery, he feared that abrupt abolition would produce severe economic and social dislocation. He urged southerners to reform their labor system and to prepare for the eventual abolition of slavery. In the early 1850s he proposed a series of reforms to strengthen slave families and to educate the slaves to prepare them for assimilation into society as productive citizens. These views distinguished him from many southerners who steadfastly maintained the sanctity of the peculiar institution.
 
Born and schooled in Georgia, Campbell moved to Montgomery, Alabama, in the early 1830s, where he joined a successful law practice. He served in the Alabama legislature for a brief period and then moved with his family to Mobile to establish a law practice. In 1853 Campbell was appointed an associate justice of the U.S. Supreme Court. His concurring opinion in the Dred Scott case in 1857 derived not from the standpoint of protecting slavery but from an attempt to return political power to the states. As the sectional crisis gathered heat, Campbell counseled moderation. He became widely detested in the North because of his defense of states’ rights, and he was distrusted in the South because of his moderate views on slavery and secession. In May 1861 Campbell resigned from the Court and later became the Confederacy's assistant secretary of war. After the war, Campbell moved his law practice to New Orleans. Upon his death in 1889, memorial speakers in Washington, D.C., and New Orleans recognized him as one of the nation's most gifted lawyers and praised his vast learning and mastery of both the common law and the civil law.
 
In this first full biography of Campbell, Robert Saunders, Jr., reveals the prevalence of anti-secession views prior to the Civil War and covers both the judicial aspects and the political history of this crucial period in southern history.
 

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cover of Judicial Politics in Polarized Times

Judicial Politics in Polarized Times

Thomas M. Keck

University of Chicago Press, 2014

When the Supreme Court upheld the Affordable Care Act, some saw the decision as a textbook example of neutral judicial decision making, noting that a Republican Chief Justice joined the Court’s Democratic appointees to uphold most provisions of the ACA. Others characterized the decision as the latest example of partisan justice and cited the actions of a bloc of the Court’s Republican appointees, who voted to strike down the statute in its entirety. Still others argued that the ACA’s fate ultimately hinged not on the Court but on the outcome of the 2012 election. These interpretations reflect larger stories about judicial politics that have emerged in polarized America. Are judges neutral legal umpires, unaccountable partisan activists, or political actors whose decisions conform to—rather than challenge—the democratic will?

Drawing on a sweeping survey of litigation on abortion, affirmative action, gay rights, and gun rights across the Clinton, Bush, and Obama eras, Thomas M. Keck argues that, while each of these stories captures part of the significance of judicial politics in polarized times, each is also misleading. Despite judges’ claims, actual legal decisions are not the politically neutral products of disembodied legal texts. But neither are judges “tyrants in robes,” undermining democratic values by imposing their own preferences. Just as often, judges and the public seem to be pushing in the same direction. As for the argument that the courts are powerless institutions, Keck shows that their decisions have profound political effects. And, while advocates on both the left and right engage constantly in litigation to achieve their ends, neither side has consistently won. Ultimately, Keck argues, judges respond not simply as umpires, activists, or political actors, but in light of distinctive judicial values and practices.
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cover of Justice And School Systems: The Role of the Courts in Education Litigation

Justice And School Systems

The Role of the Courts in Education Litigation

edited by Barbara Flicker

Temple University Press, 1990

This book examines the effectiveness and deficiencies of judicial intervention in solving the problems of discrimination in the nation’s schools. The authors present case studies, surveys, and interviews of the lawyers and judges who participated in the leading cases. And they analyze critical issues that remain unresolved, such as the battle over racial desegregation that still rages in Yonkers, New York.
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cover of Justice in the Balkans: Prosecuting War Crimes in the Hague Tribunal

Justice in the Balkans

Prosecuting War Crimes in the Hague Tribunal

John Hagan

University of Chicago Press, 2003

Called a fig leaf for inaction by many at its inception, the International Criminal Tribunal for the Former Yugoslavia has surprised its critics by growing from an unfunded U.N. Security Council resolution to an institution with more than 1,000 employees and a $100 million annual budget. With Slobodan Milosevic now on trial and more than forty fellow indictees currently detained, the success of the Hague tribunal has forced many to reconsider the prospects of international justice. John Hagan's Justice in the Balkans is a powerful firsthand look at the inner workings of the tribunal as it has moved from an experimental organization initially viewed as irrelevant to the first truly effective international court since Nuremberg.

Creating an institution that transcends national borders is a challenge fraught with political and organizational difficulties, yet, as Hagan describes here, the Hague tribunal has increasingly met these difficulties head-on and overcome them. The chief reason for its success, he argues, is the people who have shaped it, particularly its charismatic chief prosecutor, Louise Arbour. With drama and immediacy, Justice in the Balkans re-creates how Arbour worked with others to turn the tribunal's fortunes around, reversing its initial failure to arrest and convict significant figures and advancing the tribunal's agenda to the point at which Arbour and her colleagues, including her successor, Carla Del Ponte (nicknamed the Bulldog), were able to indict Milosevic himself. Leading readers through the investigations and criminal proceedings of the tribunal, Hagan offers the most original account of the foundation and maturity of the institution.

Justice in the Balkans brilliantly shows how an international social movement for human rights in the Balkans was transformed into a pathbreaking legal institution and a new transnational legal field. The Hague tribunal becomes, in Hagan's work, a stellar example of how individuals working with collective purpose can make a profound difference.

"The Hague tribunal reaches into only one house of horrors among many; but, within the wisely precise remit given to it, it has beamed the light of justice into the darkness of man's inhumanity, to woman as well as to man."—The Times (London)
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