the martinsville seven race rape and capital punishment constitutionalism and democracy

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The Martinsville Seven

Author : Eric W. Rise
ISBN : 0813918308
Genre : Law
File Size : 28. 33 MB
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This book offers the first comprehensive treatment of the case of the Martinsville Seven, a group of young black men executed in 1951 for the rape of a white woman in Martinsville, Virginia. Covering every aspect of the proceedings from the commission of the crime through two appeals, Eric W. Rise reexamines common assumptions about the administration of justice in the South. Although the defendants confessed to the crime, racial prejudice undeniably contributed to their eventual executions. Rise highlights the efforts of the attorneys who, rather than focusing on procedural errors, directly attacked the discriminatory application of the death penalty. The Martinsville Seven case was the first instance in which statistical evidence was used to prove systematic discrimination against blacks in capital cases.

Judicial Independence In The Age Of Democracy

Author : Peter H. Russell
ISBN : 0813920159
Genre : Law
File Size : 24. 12 MB
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This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.

Battle Over The Bench

Author : Amy Steigerwalt
ISBN : 9780813929989
Genre : Political Science
File Size : 31. 74 MB
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Who gets seated on the lower federal courts and why? Why are some nominees confirmed easily while others travel a long, hard road to confirmation? What role do senators and interest groups play in determining who will become a federal judge? The lower federal courts have increasingly become the final arbiters of the important political and social issues of the day. As a result, who gets seated on the bench has become a major political issue. In Battle over the Bench, Amy Steigerwalt argues that the key to understanding the dynamics of the lower court confirmation process is to examine the process itself. She offers a new analytic framework for understanding when nominations become contested, and shows when and how key actors can influence the fate of nominations and ultimately determine who will become a federal judge. Given the increasing salience of lower court decisions, it is not surprising that interest groups and partisan agendas play an important role. Steigerwalt inventories the means by which senators push through or block nominations, and why interest groups decide to support or oppose certain nominations. The politics of judicial confirmations do not end there, however. Steigerwalt also reveals how many nominees are blocked for private political reasons that have nothing to do with ideology, while senators may use their support for or opposition to nominees as bargaining chips to garner votes for their positions on unrelated issues. Battle over the Bench showcases the complex and, at times, hidden motivations driving the staffing of the federal bench.

Answering The Call Of The Court

Author : Vanessa A. Baird
ISBN : 9780813930442
Genre : Political Science
File Size : 52. 14 MB
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The U.S. Supreme Court is the quintessential example of a court that expanded its agenda into policy areas that were once reserved for legislatures. Yet scholars know very little about what causes attention to various policy areas to ebb and flow on the Supreme Court’s agenda. Vanessa A. Baird’s Answering the Call of the Court: How Justices and Litigants Set the Supreme Court Agenda represents the first scholarly attempt to connect justices’ priorities, litigants’ strategies, and aggregate policy outputs of the U.S. Supreme Court. Most previous studies on the Supreme Court’s agenda examine case selection, but Baird demonstrates that the agenda-setting process begins long before justices choose which cases they will hear. When justices signal their interest in a particular policy area, litigants respond by sponsoring well-crafted cases in those policy areas. Approximately four to five years later, the Supreme Court’s agenda in those areas expands, with cases that are comparatively more politically important and divisive than other cases the Court hears. From issues of discrimination and free expression to welfare policy, from immigration to economic regulation, strategic supporters of litigation pay attention to the goals of Supreme Court justices and bring cases they can use to achieve those goals. Since policy making in courts is iterative, multiple well-crafted cases are needed for courts to make comprehensive policy. Baird argues that judicial policy-making power depends on the actions of policy entrepreneurs or other litigants who systematically respond to the priorities and preferences of Supreme Court justices.

Law Politics And Perception

Author : Eileen Braman
ISBN : 9780813928371
Genre : Political Science
File Size : 23. 3 MB
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Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.

Program

Author : Organization of American Historians
ISBN : UVA:X006058424
Genre : Historians
File Size : 21. 31 MB
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Thomas Jefferson

Author : Lawrence S. Kaplan
ISBN : 0842026304
Genre : Biography & Autobiography
File Size : 37. 69 MB
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This biography of one of America's greatest political figures focuses on Thomas Jefferson's role as a maker of foreign policy. Although he was not the sole formulator of American diplomacy, Jefferson's voice was the most pervasive in the first generation of the republic's history. This text explores how the concept of the United States' westward expansion worked as the moving force in forming Jefferson's judgments and actions in foreign relations. Although much has been written about Jefferson, this volume is one of the few that explores the full range of his positions on foreign relations. Readable and authoritative, Thomas Jefferson: Westward the Course of Empire offers new insight into the man who shaped American foreign policy.

Program Of The Annual Meeting

Author : Organization of American Historians. Meeting
ISBN : UVA:X002578666
Genre : Historians
File Size : 53. 15 MB
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Selected Acquisitions Of The Library

Author : Indiana University, Bloomington. Law Library
ISBN : IND:30000047387307
Genre : Acquisitions (Libraries)
File Size : 65. 23 MB
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Book Review Digest

Author :
ISBN : UOM:39015078261891
Genre : Bibliography
File Size : 81. 54 MB
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