The Business of the Supreme Court: A Study in the Federal Judicial SystemTransaction Publishers - 349 էջ As Felix Frankfurter and James Landis write in their preface to The Business of the Supreme Court, "To an extraordinary degree legal thinking dominates the United States. Every act of government, every law passed by Congress, every treaty ratified by the Senate, every executive order issued by the President is tested by legal considerations and may be subjected to the hazards of litigation. Other Nations, too, have a written Constitution. But no other country in the world leaves to the judiciary the powers which it exercises over us." This classic volume, first published in 1928, originated in a series of articles written by Frankfurter, then a professor of law at Harvard University, and his student, Landis, for the Harvard Law Review. These articles chronicled and analyzed the many judiciary acts that were passed between 1789 and 1925, and illuminated the intimate connection between form and substance in the life of American law. For instance: When a community first decided to enact zoning laws--the Supreme Court had to approve. When the United States made a treaty with Germany following World War I--the Supreme Court had to define the limits and meaning of the treaty. Newly reissued with an introduction by constitutional expert Richard G. Stevens, The Business of the Supreme Court is still as fresh and relevant today as it was when first published. It is a work that will aid the student of the law to both love the law and remain true to its purposes. |
From inside the book
Արդյունքներ 40–ի 1-ից 5-ը:
... - ship the gifts of mind and character fit to rule nations . The capacity to transcend one's own limitations , the imagination to see society as a whole , come , except in the rarest instance , TRANSACTION INTRODUCTION XV.
... rule nations " ? It appears that “ judicial self - restraint ” may itself be a slippery slope to judicial supremacy , judicial usurpation of the leg- islative power in both senses of Locke's use of that term . Frankfurter also ...
... rule of imperialism , feudalism , and bu- reaucrat - capitalism . ” The Chinese and American " constitutions , " despite their like labels , are not comparable instruments . The Chinese constitution consists of that Preamble — perhaps a ...
... rules . To appeal again to the wisdom of Socrates in the Republic , the effort to keep the Court's workload manageable is a little like " cutting off the heads of a Hy- dra . " The second problem with the pronouncement is that in the ...
... rules and practices of the Court . The essentially political significance of the Supreme Court's share in the operations of the Union can hardly be overemphasized . The rôle of procedure in the evolution and activity of political ...
Բովանդակություն
FROM THE CIVIL WAR TO THE CIRCUIT | 56 |
FROM THE CIRCUIT COURTS OF APPEALS ACT | 103 |
FEDERAL COURTS OF SPECIALIZED JURISDICTION | 146 |
FROM THE JUDICIAL CODE TO THE | 187 |
THE JUDICIAL CONFERENCE | 217 |
THE JUDICIARY ACT OF 1925 | 255 |
THE FUTURE OF SUPREME COURT LITIGATION | 299 |
Այլ խմբագրություններ - View all
The Business of the Supreme Court: A Study in the Federal Judicial System Felix Frankfurter,James McCauley Landis Ամբողջությամբ դիտվող - 1927 |
Business of the Supreme Court: A Study in the Federal Judicial System Felix Frankfurter,James McCauley Landis Ամբողջությամբ դիտվող - 1928 |