16 books match the query 'Court'

JULIA DAVIS
West Virginia University Press, 1993
John W. Davis (1873-1955) was the most important national politician to call West Virginia home. Nominated for president by the Democratic Party in 1924, Davis lost to the incumbent Calvin Coolidge. This diary is an engaging day-by-day account of Davis's service as U.S. ambassador to England at a pivotal point in modern history. The recent World War and Russian Revolution, the new thirst for oil, the old strife in Ireland, and the final days of the Wilson presidency fill this diary with enduring significance. Davis also offers a look at the personalities which shaped the post-war world and describes the pageantry and social life of America's most coveted ambassadorial assignment.

Carol A. B. Warren
University of Chicago Press, 1982
Thierry Cruvellier
University of Wisconsin Press, 2010
Thomas DaCosta Kaufmann
University of Chicago Press, 1995
Christine Zozula
Temple University Press, 2019
Community Courts are designed to handle a city’s low-level offenses and quality-of-life crimes, such as littering, loitering, or public drunkenness. Court advocates maintain that these largely victimless crimes jeopardize the well-being of residents, businesses, and visitors. Whereas traditional courts might dismiss such cases or administer a small fine, community courts aim to meaningfully punish offenders to avoid disorder escalating to apocalyptic decline.
Courting the Community is a fascinating ethnography that goes behind the scenes to explore how quality-of-life discourses are translated into court practices that marry therapeutic and rehabilitative ideas. Christine Zozula shows how residents and businesses participate in meting out justice—such as through community service, treatment, or other sanctions—making it more emotional, less detached, and more legitimate in the eyes of stakeholders. She also examines both “impact panels,” in which offenders, residents, and business owners meet to discuss how quality-of-life crimes negatively impact the neighborhood, as well as strategic neighborhood outreach efforts to update residents on cases and gauge their concerns.
Zozula’s nuanced investigation of community courts can lead us to a deeper understanding of punishment and rehabilitation and, by extension, the current state of the American court system.
Andrea L. Alden
University of Alabama Press, 2018
The first book-length rhetorical history and analysis of the legal and moral questions behind the insanity defense.
The insanity defense is considered one of the most controversial, most misunderstood, and least straightforward subjects in the American legal system. Disorder in the Court: Morality, Myth, and the Insanity Defense traces the US legal standards for the insanity defense as they have evolved from 1843, when they were first codified in England, to 1984, when the US government attempted to revise them through the Insanity Defense Reform Act. Throughout this period “insanity” existed primarily as a legal term rather than a medical one; yet the testimony of psychiatric experts is required in cases in which an insanity defense is raised.
The adjudication of such cases by courtroom practice is caught between two different but overlapping discourses, the legal and the medical, both of which have historically sought to assert and maintain firm disciplinary boundaries. Both expert and lay audiences have struggled to understand and apply commonplace definitions of sanity, and the portrayal of the insanity defense in popular culture has only served to further frustrate such understandings.
Andrea L. Alden argues that the problems with understanding the insanity defense are, at their foundation, rhetorical. The legal concept of what constitutes insanity and, therefore, an abdication of responsibility for one’s actions does not map neatly onto the mental health professions’ understandings of mental illness and how that affects an individual’s ability to understand or control his or her actions. Additionally, there are multiple layers of persuasion involved in any effort to convince a judge, jury—or a public, for that matter—that a defendant is or is not responsible for his or her actions at a particular moment in time.
Alden examines landmark court cases such as the trial of Daniel McNaughtan, Durham v. United States, and the trial of John Hinckley Jr. that signal the major shifts in the legal definitions of the insanity defense. Combining archival, textual, and rhetorical analysis, Alden offers a close reading of texts including trial transcripts, appellate court opinions, and relevant medical literature from the time period. She contextualizes these analyses through popular texts—for example, newspaper articles and editorials—showing that while all societies have maintained some version of mental illness as a mitigating factor in their penal systems, the insanity defense has always been fraught with controversy.
Stephen M. Feldman
Temple University Press, 2021
The United States Supreme Court has numbered nine justices for the past 150 years. But that number is not fixed. With the Democrats controlling the House and Senate during the Biden presidency, they could add justices to the Supreme Court. But would court packing destroy the Court as an apolitical judicial institution? This is the crucial question Stephen Feldman addresses in his provocative book, Pack the Court! He uses a historical, analytical, and political argument to justify court-packing in general and Democratic court-packing more specifically.
Republicans and Democrats alike profess to worry that court-packing will destroy the legitimacy of the Supreme Court as a judicial institution by injecting politics into a purely legal adjudicative process. But as Feldman’s insightful book shows, law and politics are forever connected in judicial interpretation and decision making. Pack the Court! insists that court packing is not the threat to the Supreme Court’s institutional legitimacy that many fear. Given this, Feldman argues that Democrats should pack the Court while they have the opportunity. Doing so might even strengthen the American people’s faith in the Court.
Emmanuel Le Roy Ladurie
University of Chicago Press, 2001
Edited by Natalie Mears and Krista Kesselring
University of London Press, 2021
William D. Popkin
Duke University Press, 1999
Timothy Barouch
University of Alabama Press, 2021
A study that challenges our notions about citizenship and judgment by considering the place of children in historical and contemporary legal discourse.
Many of the most controversial political issues of our time focus on the actions and well-being of children such as Greta Thunberg’s climate movement; youth activists standing up for racial justice, safe schools, and an equitable economy; and the furor over separating migrant children from their families. When do we treat children as competent citizens, when do we treat them as dependents in need of protection, and why?
The Child before the Court: Judgment, Citizenship, and the Constitution provides answers to these foundational questions. It analyzes landmark US Supreme Court cases involving children’s free speech and due process rights and argues that our ideas about civic and legal judgment are deeply contested concepts instead of simple character traits. These cases serve as analytic touchstones for these problems, and the Court’s opinions seemingly articulate clear rules through a pragmatic balancing of interests.
Timothy Barouch shows how these cases continually reshape constitutional thought, breaking from a vocabulary of wardship and recasting the child as a liberal individual. He analyzes these legal opinions as judicial novelizations and focuses on their rhetorical markers: the range of tropes, idioms, figures, and arguments that emerge across nearly two centuries of jurisprudence in this important but oft-neglected area. The careful and subtle readings of these cases demonstrate how judicial representations of the child provide key resources for thinking about the child as citizen and, more broadly, citizenship itself. It serves as a bold call to think through the relationship between the liberal individual and the problem of civic judgment as it manifests in public culture in a wide array of contexts at a time when liberal democracy is under siege.
Wayne R. Swanson
Temple University Press, 1992
In December 1981, when the American Civil Liberties Union challenged the Nativity scene in the Christmas display put on by the city of Pawtucket, Rhode Island, an emotional controversy erupted. Two federal courts disallowed the crèche because its religious impact in the taxpayer-supported display overstepped the constitutional boundary between church and state. In March 1984, the United States Supreme Court by a 5-4 vote in Lynch V. Donnelly overruled the lower courts, deciding that in the predominantly secular context of Pawtucket’s display, the purpose and effect of the Nativity scene was not to promote religion, but only to acknowledge the spirit of the holiday season. The Christ Child Goes to Court traces the judicial history of a case that lasted more than two years and explores its implications for future issues concerning the relationship between religion and government.
Wayne R. Swanson describes how this compelling constitutional issue polarized public opinion in Rhode Island and generated "unimaginable vilification" of the Roman Catholic judge who first ordered the crèche removed. He reports the reactions of local citizens, which echoed the national debate on this issue. By carefully documenting the case’s trek through the judiciary, Swanson illustrates the workings of the judicial process in the United States, the political nature of the courts, and how their interpretation of the Constitution helps to shape the development of public policy.
An important conclusion of this critical examination of the courts’ approach to a controversial church-state question is that judicial decisions are usually interim in nature and often lead to imperfect solutions. Lynch V. Donnelly did not solve the problems posed by government-supported Nativity scenes or other religious symbols. The controversy lives on and the courts continue to struggle with one of the most difficult First Amendment problems.
Edited by Stephen L. Sepinuck and Mary Pat Treuthart
Southern Illinois University Press, 1999
The Conscience of the Court celebrates the work of Justice William J. Brennan Jr., who served on the United States Supreme Court for thirty-four years (1956–1990).
Stephen L. Sepinuck and Mary Pat Treuthart introduce and present selected judicial opinions written by Justice Brennan on issues involving personal freedom, civil liberties, and equality. Brennan is ranked by many as the best writer ever to have served on the Supreme Court, and his written opinions depict real people, often in desperate, emotional situations. Remarkable for their clarity of analysis, for their eloquence, and for their forcefulness and persuasiveness, his opinions demonstrate that judicial thought need not be a proprietary enclave of lawyers or the intellectual elite.
The extended excerpts selected by Sepinuck and Treuthart highlight Brennan's approach to judicial decision making. Concerned always with how each decision would actually affect people's lives, Brennan possessed a rare quality of empathy. In Brennan, the editors note, "people and groups who lacked influence in society—Communists and flag burners, children and foreigners, criminal defendants and racial minorities"—found a champion they could count on "to listen to their causes and judge them unmoved by the passions of the politically powerful."
In their introduction to each opinion, the editors provide background facts, discuss how the excerpted opinion transformed the law or otherwise fit into the realm of constitutional jurisprudence, and delve into Justice Brennan's judicial philosophy, his method of constitutional interpretation, and the language he used.
Wilfred E. Major
The Ohio State University Press, 2013
John Brigham
Temple University Press, 1991
In recent years widespread attention has been focused on decisions handed down by the Supreme Court that grapple with passionate issues: integration, school prayer, abortion, affirmative action. The appointment of new justices is a highly charged political event although the Court is supposed to be "above" politics. Amidst the bicentennial celebration of the Constitution and almost daily reports of major confrontations awaiting the highest court’s judicial review, John Brigham presents a fresh and innovative examination of the U.S. Supreme Court as the final arbiter of constitutional interpretation.
Drawing on philosophy and anthropology, The Cult of the Court offers a social scientific investigation of an institution whose authority has come to be taken for granted. The author emphasizes that the Court is an institution and that its authority is founded less in the claim of legal expertise than in hierarchical finality—the assertion of political will, not of legal judgment. He shows how the Court has supplanted the Constitution as the authority in our political world and that what makes legal "sense" is affected by these factors of institutionalization, bureaucratization, and court-dominated constitutionalism.
Willms, Nicole
Rutgers University Press, 2017