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Oral Arguments Before the Supreme Court: An Empirical Approach

Lawrence Wrightsman

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195368628
eISBN:
9780199867554
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368628.001.0001
Subject:
Psychology, Forensic Psychology

Of all the activities done by the Supreme Court justices as they form their decisions on important cases, the oral arguments are the only step in the process visible to the public. Despite this ... More


The Psychology of the Supreme Court

Lawrence S. Wrightsman

Published in print:
2006
Published Online:
April 2010
ISBN:
9780195306040
eISBN:
9780199894093
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195306040.001.0001
Subject:
Psychology, Forensic Psychology

With the media spotlight on the recent developments concerning the Supreme Court, more and more people have become increasingly interested in the highest court in the land. Who are the justices that ... More


The Inconsistency of the Majority Justices With Their Previously Expressed Views

Alan M. Dershowitz

in Supreme Injustice: How the High Court Hijacked Election 2000

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.003.0005
Subject:
Political Science, American Politics

Aims to demonstrate that, during the (Bush vs Gore) US presidential election of 2000, by any reasonable standard of evaluation, the majority justices of the US Supreme Court failed to test the US ... More


Oral Arguments in a Landmark Case

Lawrence S. Wrightsman

in Oral Arguments Before the Supreme Court: An Empirical Approach

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195368628
eISBN:
9780199867554
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368628.003.0006
Subject:
Psychology, Forensic Psychology

The case of Brown v. Board of Education (1954) is used as an example of the role of the oral arguments in deciding a case. A chronology of the case's development is provided. Excerpts from the oral ... More


A Maxim of Justice: Its Birth and Rebirth

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0009
Subject:
Political Science, American Politics

This chapter asserts that the U.S. traces the principle of equality to the idea that human beings were created in God's image, and discusses the evolution of the doctrine of equal protection via ... More


The Structural Peculiarities of a Colonial Judiciary

Abhinav Chandrachud

in An Independent, Colonial Judiciary: A History of the Bombay High Court during the British Raj, 1862–1947

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199453306
eISBN:
9780199085330
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199453306.003.0006
Subject:
Law, Legal History

This chapter describes four features of the judiciary in colonial India which might have formally undermined its independence from the executive government. First, the Chief Justice of important ... More


‘Restrained Activism’ in the High Court of Australia

Fiona Wheeler and John Williams

in Judicial Activism in Common Law Supreme Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.003.0002
Subject:
Law, Public International Law, EU Law

This chapter explains how the High Court under former Chief Justice Mason in the early 1990s was wrongly characterized as engaging in unprincipled judicial activism. It argues that such a conclusion ... More


From Kania to Sarkaria: Judicial Appointments from 1950 to 1973

Suchindran B.N.

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0001
Subject:
Law, Legal Profession and Ethics

This essay is a critical analysis of the dynamics of executive-judiciary relations in judicial appointments from 1950 to 1973. It serves as a primer for the appointments made to the Supreme Court ... More


Conscience Keepers of the Law: Judges and Courts

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0039
Subject:
Law, Constitutional and Administrative Law

An independent judiciary, which protects the people against all inroads into their rights and cares for their wants and welfare, is the essence of a true democracy. Independence of the judiciary is ... More


Roe and Beyond

Tinsley E. Yarbrough

in Harry A. Blackmun: The Outsider Justice

Published in print:
2008
Published Online:
March 2012
ISBN:
9780195141238
eISBN:
9780199851577
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195141238.003.0007
Subject:
Law, Legal History

In spite of how it was known to advocate a certain degree of civil liberty, the Warren Court limited its functions and guarantees to civil liberties to the rights mentioned within the Constitution. ... More


Judicial Reform or Harassment?

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0027
Subject:
Law, Constitutional and Administrative Law

Given Indira Gandhi's past policies toward the judiciary, it was small wonder that after 1980 the ever-simmering issue of judicial independence boiled again. Nor was the principal sub-topic new: the ... More


Chief Justice

Anna R. Hayes

in Without Precedent: The Life of Susie Marshall Sharp

Published in print:
2008
Published Online:
July 2014
ISBN:
9780807832141
eISBN:
9781469605807
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807887813_hayes.23
Subject:
History, American History: 20th Century

This chapter focuses on Chief Justice Susie Marshall Sharp's swearing-in ceremony, in which she devoted her first official remarks largely to a tribute to retiring chief justice Bobbitt and associate ... More


Virginia, Kentucky, and the Complex Politics of Early Republican Federalism

Lindsay G. Robertson

in Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands

Published in print:
2005
Published Online:
September 2007
ISBN:
9780195148695
eISBN:
9780199788941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195148695.003.0004
Subject:
History, American History: 19th Century

This chapter discusses how Chief Justice Marshall anticipated that questions might arise as to why he ventured so far beyond the minimum rationale necessary to support the Court's finding that the ... More


A ‘Grievous Blow’: The Supersession of Judges

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0014
Subject:
Law, Constitutional and Administrative Law

On April 25, 1973, the day after the Kesavananda decision, All-India Radio's five o'clock news bulletin had announced that A. N. Ray had been appointed the new Chief Justice of India. The President ... More


The Commission as Vendetta 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0096
Subject:
Law, Constitutional and Administrative Law

The appointment of S. Sivasubramanian, a retired judge of the Madras High Court, to head a Commission of Inquiry to probe charges against DMK leader M. Karunanidhi is an act of vendetta by the Chief ... More


The Business of Judging: Selected Essays and Speeches

Tom Bingham

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299127
eISBN:
9780191685620
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299127.001.0001
Subject:
Law, Legal Profession and Ethics, Philosophy of Law

Judges spend their public lives in courtrooms. They speak to the public through their judgments. But senior judges are frequently invited to contribute to professional, ... More


The States versus the Second Bank of the United States

Richard Ellis E.

in Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic

Published in print:
2007
Published Online:
September 2007
ISBN:
9780195323566
eISBN:
9780199788705
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323566.003.0004
Subject:
History, American History: 19th Century

This chapter examines the impact of the Panic of 1819 on the 2 BUS, the congressional investigation of the activities of the 2 BUS, the removal of William Jones as its President, and how relations ... More


Misreading the Roberts Court

Anna Harvey

in A Mere Machine: The Supreme Court, Congress, and American Democracy

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300171112
eISBN:
9780300199192
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300171112.003.0008
Subject:
Political Science, American Politics

So far this book has shown that the widespread belief in the Supreme Court's independence can give rise to misleading expectations about its jurisprudence, especially when the justices's preferences ... More


Supreme Court Rulings

Ben Herzog

in Revoking Citizenship: Expatriation in America from the Colonial Era to the War on Terror

Published in print:
2015
Published Online:
May 2016
ISBN:
9780814760383
eISBN:
9780814770962
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814760383.003.0007
Subject:
Law, Human Rights and Immigration

This chapter brings to the fore the current American perspective on taking away citizenship. In the past, expatriation was mainly enforced as a punishment for un-American activities. Even though ... More


Appointments to the Supreme Court of Nepal: A New Beginning

Semanta Dahal

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0021
Subject:
Law, Legal Profession and Ethics

This essay analyses how Nepal has consciously made attempts to depoliticize judicial appointments—while appointments to the Supreme Court were originally made at the behest of the executive (the ... More


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