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Identifying Judicial Activism

Stefanie A. Lindquist and Frank B. Cross

in Measuring Judicial Activism

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195370850
eISBN:
9780199870790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370850.003.0002
Subject:
Law, Comparative Law

To assess judicial activism empirically, this chapter looks more explicitly at the potential for dimensions of judicial activism to be identified and measured. Because the exercise of judicial review ... More


Perspectives on Causes and Consequences

in Specializing the Courts

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226039541
eISBN:
9780226039565
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226039565.003.0002
Subject:
Political Science, American Politics

This chapter introduces the issues of the causes and consequences of judicial specialization. It first describes the potential effects of high levels of specialization along its two dimensions on the ... More


“Approving Legislation for the People, Preserving Liberties—Almost Rewriting Laws”: The Politics of Creating the Roosevelt Court

in Reconsidering Roosevelt on Race: How the Presidency Paved the Road to Brown

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226500867
eISBN:
9780226561127
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226561127.003.0004
Subject:
Political Science, American Politics

This chapter discusses the construction of a reformulated federal judiciary by examining the creation of the Roosevelt Supreme Court, the second of the administration's three-pillared judicial ... More


: Habeas for the Twenty-First Century

in Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226436975
eISBN:
9780226436968
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226436968.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the habeas policy for the twenty-first century and beyond. Habeas must always remain a flexible judicial remedy, adaptable to enforce the rule of law and protect individual ... More


Judicial Policy in a Transforming Constitution

Hugh Corder

in Judges, Transition, and Human Rights

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199204939
eISBN:
9780191695599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204939.003.0006
Subject:
Law, Human Rights and Immigration

This chapter examines the role of judicial policy in constitutional transformation. It analyses two recent cases in the Constitutional Court, the Bato Star Fishing Ltd. v Minister of Environmental ... More


Economic Issues: Private Litigation

in Specializing the Courts

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226039541
eISBN:
9780226039565
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226039565.003.0006
Subject:
Political Science, American Politics

This chapter describes a different category of courts that deals with economic issues that primarily occur between private parties. This disparate set of courts includes the Federal Circuit in its ... More


Chinese Courts

Congyan Cai

in The Rise of China and International Law: Taking Chinese Exceptionalism Seriously

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190073602
eISBN:
9780190073633
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190073602.003.0006
Subject:
Law, Public International Law

This chapter explores the context, dynamics, methods, structure of the application of international law in Chinese courts and new roles that Chinese courts seek to play in the context of the rise of ... More


Criminal Cases

in Specializing the Courts

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226039541
eISBN:
9780226039565
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226039565.003.0004
Subject:
Political Science, American Politics

This chapter explores the specialization in criminal law in the states, highlighting the courts that hear specific subsets of criminal cases. Separating criminal and civil cases allows judges who ... More


International Law in Chinese Courts during the Rise of China

Congyan Cai

in Comparative International Law

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190697570
eISBN:
9780190697600
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190697570.003.0014
Subject:
Law, Public International Law, Comparative Law

This chapter highlights a different set of elements that become manifest in assessing the rapid overall rise in references to, and application of, international law by courts in China in recent ... More


The Commitment Continues: Truman, Eisenhower, and the Civil Rights Decisions

in Reconsidering Roosevelt on Race: How the Presidency Paved the Road to Brown

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226500867
eISBN:
9780226561127
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226561127.003.0006
Subject:
Political Science, American Politics

This chapter analyzes the activities of the Truman and Eisenhower administrations with regard to the expansion of African American rights. The importance of both domestic and international influences ... More


Judges, Transition, and Human Rights: Essays in Memory of Stephen Livingstone

John Morison, Kieran McEvoys, and Gordon Anthony

in Judges, Transition, and Human Rights

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199204939
eISBN:
9780191695599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204939.003.0001
Subject:
Law, Human Rights and Immigration

This chapter explains the coverage of this book, which is about judges and human rights in societies in transition. This book presents chapters on the separation of powers in a global context, ... More


Juvenile Criminal Record Confidentiality

James B. Jacobs

in Choosing the Future for American Juvenile Justice

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479816873
eISBN:
9781479863402
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479816873.003.0008
Subject:
Sociology, Law, Crime and Deviance

This chapter focuses on juvenile criminal records—an often neglected topic in the history of American juvenile justice. The history of juvenile justice has always been court-centric, paying much less ... More


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