Résultats Éditeur "Tantor Audio" dans Droit

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state.

In Agreeing to Disagree, Nathan S. Chapman and Michael W. McConnell detail the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. In one of the most thorough accounts of the Establishment Clause, Chapman and McConnell argue that the clause is best understood as a constitutional commitment for Americans to agree to disagree about matters of faith.

During the 1970s, grassroots women activists in and outside of prisons forged a radical politics against gender violence and incarceration. Emily L. Thuma traces the making of this anticarceral feminism at the intersections of struggles for racial and economic justice, prisoners' and psychiatric patients' rights, and gender and sexual liberation. All Our Trials explores the organizing, ideas, and influence of those who placed criminalized and marginalized women at the heart of their antiviolence mobilizations.

Americans are slowly waking up to the dire effects of racial profiling, police brutality, and mass incarceration, especially in disadvantaged neighborhoods and communities of color. Crook County bursts open the courthouse doors to reveal a world of punishment determined by race, not offense. Nicole Gonzalez Van Cleve spent ten years working in and investigating the largest criminal courthouse in the country, Chicago-Cook County, and she takes listeners inside our so-called halls of justice to witness the types of everyday racial abuses that fester within the courts, often in plain sight.

In 1989, Texas executed Carlos DeLuna, a poor Hispanic man with childlike intelligence, for the murder of Wanda Lopez, a convenience store clerk. His execution passed unnoticed for years until a team of Columbia Law School faculty and students found that DeLuna almost certainly was innocent. This book documents DeLuna's conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. DeLuna's defense, that another man named Carlos had committed the crime, was not taken seriously.

In this book, Katherine Beckett explains how and why mass incarceration persists despite growing recognition of its many failures, plummeting crime rates, and widespread efforts by state legislators and others to reduce prison populations. Beckett identifies three primary forces sustaining incarceration rates in this country: political dynamics around violence, resistance to criminal legal system reform in suburban and rural counties, and the failure of popular drug policy reforms to reduce the reach of the criminal legal system.

The first Chief Justice of the United States, John Jay faced many unique challenges. When the stability and success of the new nation were far from certain, a body of federalized American law had to be created from scratch.

In today's society, work takes up a vast proportion of the time and energy of ordinary people. Although use of the phrase "work-life balance" is now commonplace in the media and ordinary conversation, people work longer hours than ever before. However, rather than purely a means to an end in terms of supporting oneself financially, the workplace is a place to develop skills and talents and build lasting friendships.

In Diversifying the Courts, Nancy Scherer addresses why presidents choose—or don't choose—to diversify the federal courts by race, ethnicity, and gender. She explores how and why the issue became a bitter partisan fight in the first place, tracking the controversial history—and politics—of court diversification. Drawing on polls, political experiments, surveys and one-on-one interviews, Scherer illuminates the complicated relationship between diversity and court legitimacy.

A Promise Kept explores the circumstances and implications of McGirt v. Oklahoma, likely the most significant Indian law case in well over a hundred years. Combining legal analysis and historical context, this book gives an in-depth, accessible account of how the case unfolded and what it might mean for Oklahomans, the Muscogee (Creek) Nation, and other tribes throughout the United States.

Almost every society has professional judges, but from ancient Athens to modern Asia, cultures have wanted ordinary people involved in legal decisions. The use of juries comes with challenges; societies must determine how to select jurors, what cases jurors should decide and by what rules, and how to inform jurors about the law and evidence. This Very Short Introduction shows how and why societies around the world have used juries, charting the spread of the twelve-person jury from England to the British colonies in America, Canada, India, Australia, New Zealand, and the Caribbean.

In the past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that crashed and burned in the 1930s: court packing. Today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt—fresh off a landslide victory—stunned the country when he proposed a plan to expand the size of the court by up to six justices.

The Plea of Innocence offers a fundamental reform of the adversarial system: plausibly innocent people may now plead innocent and require the government to search for exonerating facts; in return, they will be required to waive their right to remain silent, speak to government agents, and participate in a search for truth. While almost all the participants within the system hope that only guilty people will be convicted, the unfortunate reality is that innocent people are convicted and imprisoned at an alarming rate.

Advocate discusses the travails of prominent politicians and other well-known individuals, focusing particularly on high-profile congressional and other investigations. Credited with developing the modern system for vetting Democratic vice-presidential candidates, Hamilton recounts his extensive vetting of vice-presidential, cabinet, and Supreme Court candidates-including Joe Biden, John Edwards, and Ruth Bader Ginsburg. Advocate is a richly detailed history of some of the most sensational and controversial events in Washington politics over the past 50 years.

At the height of the roaring 1920s, the ex-frontier town of Denver, Colorado, emerged from the postwar boom as the future of the American city. Rookie district attorney Phillip Van Cise was already making national headlines for a new brand of law enforcement. Employing military intelligence tools he'd developed during the Great War, Van Cise crippled the criminal empire of Lou Blonger, an ex-lawman who had risen from petty scam artist to master of the Big Con. But Van Cise had even darker, more malevolent forces on his radar.