[图书][B] The people themselves: popular constitutionalism and judicial review
L Kramer - 2004 - books.google.com
In this groundbreaking interpretation of America's founding and of its entire system of judicial
review, Larry Kramer reveals that the colonists fought for and created a very different system …
review, Larry Kramer reveals that the colonists fought for and created a very different system …
[图书][B] How judges think
RA Posner - 2010 - books.google.com
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new
book a unique and, to orthodox legal thinkers, a startling perspective on how judges and …
book a unique and, to orthodox legal thinkers, a startling perspective on how judges and …
Separation of parties, not powers
DJ Levinson, RH Pildes - Harvard Law Review, 2006 - JSTOR
American political institutions were founded upon the Madisonian assumption of vigorous,
self-sustaining political competition between the legislative and executive branches …
self-sustaining political competition between the legislative and executive branches …
The politics of judicial review
B Friedman - Tex. L. Rev., 2005 - HeinOnline
In the legal academy, scholarship about judicial review is predominantly normative. It is
largely about how judges should decide cases' and what posture they ought to take toward …
largely about how judges should decide cases' and what posture they ought to take toward …
Ideological drift among Supreme Court justices: Who, when, and how important
When the US Supreme Court invalidated the use of military commissions for enemy
combatants in Hamdan v. Rumsfeld,'the decision fueled more than a national debate over …
combatants in Hamdan v. Rumsfeld,'the decision fueled more than a national debate over …
Explaining the Supreme Court's shrinking docket
In recent years, the United States Supreme Court has decided fewer cases than at any other
time in its recent history. Scholars and practitioners alike have criticized the drop in the …
time in its recent history. Scholars and practitioners alike have criticized the drop in the …
The Supreme Court during crisis: How war affects only non-war cases
Running through these quotations from landmark Supreme Court decisions is a common
strand: The justices seem to suggest that their institution ought to play a different role in …
strand: The justices seem to suggest that their institution ought to play a different role in …
Congress, the Supreme Court, and judicial review: Testing a constitutional separation of powers model
JA Segal, C Westerland… - American Journal of …, 2011 - Wiley Online Library
Recent scholarship suggests that the US Supreme Court might be constrained by Congress
in constitutional cases. We suggest two potential paths to Congressional influence on the …
in constitutional cases. We suggest two potential paths to Congressional influence on the …
The processes of constitutional change: From partisan entrenchment to the national surveillance state
JM Balkin, S Levinson - Fordham L. Rev., 2006 - HeinOnline
Five years ago, we offered a theory of how constitutional change and constitutional
revolutions occurred, which we called the theory of" partisan entrenchment."'Much has …
revolutions occurred, which we called the theory of" partisan entrenchment."'Much has …