Coercing Virtue

The Worldwide Rule of Judges

Author: Robert H. Bork

Publisher: Vintage Canada

ISBN: 030736853X

Category: Law

Page: 208

View: 695

Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue From the Trade Paperback edition.
Posted in Law

Coercing Virtue

The Worldwide Rule of Judges

Author: Robert H. Bork

Publisher: A E I Press

ISBN: 9780844741628

Category: Law

Page: 161

View: 698

This eye-opening dispatch on the culture war traces the dangerous influence of overreaching courts around the world.
Posted in Law

Coercing Virtue

The Worldwide Rule of Judges

Author: Robert H. Bork

Publisher: Random House of Canada Limited

ISBN: 9780679310938

Category: Law

Page: 200

View: 6330

Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue
Posted in Law

Saving Justice

Watergate, the Saturday Night Massacre, and Other Adventures of a Solicitor General

Author: Robert H. Bork

Publisher: Encounter Books

ISBN: 1594035180

Category: Biography & Autobiography

Page: 200

View: 7847

In June 1973, Judge Robert Bork was plucked from a quiet life of academia at Yale University and planted in the tumultuous soil of constitutional crisis by a Nixon administration barreling toward collapse. From the ousting of Vice President Spiro Agnew to the discharge of the Watergate special prosecutor, an event known as the Saturday Night Massacre, Saving Justice offers a firsthand, insider account of the whirlwind of events that engulfed the administration during the last half of 1973 and the first few months of 1974. This important volume provides a revelatory look into the inner workings of the Justice Department during some of the most consequential months of the Nixon administration.
Posted in Biography & Autobiography

A time to speak

selected writings and arguments

Author: Robert H. Bork

Publisher: Intercollegiate Studies Institute

ISBN: N.A

Category: History

Page: 738

View: 6058

Since at least 1971, when he published a seminal article on constitutional interpretation in the Indiana Law Journal, Robert Bork has been the legal and moral conscience of America, reminding us of our founding principles and their cultural foundation. The scourge of liberal ideologues both before and after Ronald Reagan nominated him for the Supreme Court in 1987, Bork has for fifty years unwaveringly exposed—and explained—the hypocrisy and dereliction of duty endemic among our nation’s elites, the politicization and adversary activism of our courts, and the consequent degradation of American society. Now, for the first time, Judge Bork has gathered together his most important and prophetic writings in A Time to Speak, including a foreword and commentary by the author. The volume includes more than sixty vintage Bork contributions on topics ranging from President Nixon to St. Thomas More, from abortion to antitrust policy, and from civil liberties to natural law. It also includes several of his judicial opinions and transcribed oral arguments. A Time to Speak is an indispensable book for all who have harkened to the truths spoken so forthrightly, in season and out, by this great American original.
Posted in History

A Country I Do Not Recognize

The Legal Assault on American Values

Author: Robert H. Bork

Publisher: Hoover Press

ISBN: 0817946039

Category: Political Science

Page: 196

View: 2027

During the past forty years, activists have repeatedly used the court system to accomplish substantive policy results that could not otherwise be obtained through the ordinary political processes of government, both in the United States and abroad. In five insightful essays, the contributors to this volume show how these legal decisions have undermined America's sovereignty and values. They reveal how international law challenges American beliefs and interests and exposes U.S. citizens to legal and economic risks, how the "right to privacy" poses a serious threat to constitutional self-government, how the Supreme Court's religion decisions have done serious damage to our religious freedom, and more.
Posted in Political Science

Slouching Towards Gomorrah

Modern Liberalism and American Decline

Author: Robert H. Bork

Publisher: Harper Collins

ISBN: 0062030914

Category: Political Science

Page: 432

View: 7524

In this New York Times bestselling book, Robert H. Bork, our country's most distinguished conservative scholar, offers a prophetic and unprecedented view of a culture in decline, a nation in such serious moral trouble that its very foundation is crumbling: a nation that slouches not towards the Bethlehem envisioned by the poet Yeats in 1919, but towards Gomorrah. Slouching Towards Gomorrah is a penetrating, devastatingly insightful exposé of a country in crisis at the end of the millennium, where the rise of modern liberalism, which stresses the dual forces of radical egalitarianism (the equality of outcomes rather than opportunities) and radical individualism (the drastic reduction of limits to personal gratification), has undermined our culture, our intellect, and our morality. In a new Afterword, the author highlights recent disturbing trends in our laws and society, with special attention to matters of sex and censorship, race relations, and the relentless erosion of American moral values. The alarm he sounds is more sobering than ever: we can accept our fate and try to insulate ourselves from the effects of a degenerating culture, or we can choose to halt the beast, to oppose modern liberalism in every arena. The will to resist, he warns, remains our only hope.
Posted in Political Science

Judicial Review in an Age of Moral Pluralism

Author: Ronald C. Den Otter

Publisher: Cambridge University Press

ISBN: 0521762049

Category: Law

Page: 346

View: 6802

This book considers how judicial review can be improved to strike the appropriate balance between legislative and judicial power.
Posted in Law

Judges, Law and War

The Judicial Development of International Humanitarian Law

Author: Shane Darcy

Publisher: Cambridge University Press

ISBN: 1107060699

Category: Law

Page: 396

View: 1224

Expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
Posted in Law

The Tempting of America

Author: Robert H. Bork

Publisher: Simon and Schuster

ISBN: 9781439188866

Category: Political Science

Page: 448

View: 6516

Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law. In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the “original understanding” of the Framers and the people for whom it was written. Widely hailed as the most important critique of the nation’s intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork’s chillingly emblematic experiences during the Senate Judiciary Committee’s hearing on his Supreme Court nomination.
Posted in Political Science

Towards Juristocracy

The Origins and Consequences of the New Constitutionalism

Author: Ran Hirschl

Publisher: Harvard University Press

ISBN: 9780674038677

Category: Law

Page: 296

View: 5929

In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Posted in Law

The View of the Courts from the Hill

Interactions between Congress and the Federal Judiciary

Author: Mark C. Miller

Publisher: University of Virginia Press

ISBN: 0813928214

Category: Political Science

Page: 264

View: 5586

The View of the Courts from the Hill explores the current interactions and relationship between the U.S. Congress and federal courts using a "governance as dialogue" approach, which argues that constitutional interpretation in the United States is a continuous and complex conversation among all the institutions of government. Expanding on his previous work on this important theme, Mark C. Miller has interviewed numerous key players specifically for this book. His subjects include members of Congress, federal judges, congressional staff, employees of the judicial branch, lobbyists, and others with an interest in the courts. Their candid and thorough comments provide an invaluable resource for students and scholars eager to explore the dynamics between congressional and judicial forces as they have evolved over the past two decades. The book examines customary interactions between Congress and the federal courts—especially the U.S. Supreme Court—as well as extraordinary conflicts between the two branches of government both today and throughout American history. Miller gives special attention to recent attempts by social conservatives in Congress to silence the voice of the courts in the inter-institutional dialogue through the use of court-stripping measures, threats of impeachment of federal judges, and a proposal for an inspector general for the courts. Particular focus is placed on the interactions between the courts and the House Judiciary Committee under Republican control, as well as the approach taken by the Religious Right toward federal judges and the federal courts in general. The book concludes with a call for the protection of judicial independence in order to preserve the voice of the federal courts in the constitutional interpretation dialogue.
Posted in Political Science

The Anatomy of Torture

A Documentary History of Filartiga V. Pena Irala

Author: William J. Aceves

Publisher: BRILL

ISBN: 1571053522

Category: Political Science

Page: 793

View: 3099

This is the story of one of the most significant examples of human rights litigation in the U.S., presented as a documentary history. The pleadings and documents appear with minimal editing and are supplemented through commentary.
Posted in Political Science

A Treasure Chest of Hidden History

Fun Facts and Serious Episodes That You May Have Missed In Your American History Class

Author: Rusty Glover

Publisher: AuthorHouse

ISBN: 1491814233

Category: History

Page: 298

View: 4653

As a high school history teacher for the past 25 years, I have collected and read hundreds of books pertaining to my subjects taught. On the completion of each book, I would carefully take notes on the most interesting events, quotes, or interpretations that I felt would enhance instruction for my students. After filling numerous notepads of information on over 800 books, I contemplated a project of sharing my most interesting findings. The result of this twenty plus year project is this book. This book is divided into 16 chapters based on the various topics presented. Some chapters contain a small amount of entries such as Nicknames, Espionage, or Labor while chapters on the Presidents or quotes will fill over thirty pages. The first chapter puts emphasis on the role my home state of Alabama has played on the national scene. One chapter is entitled Miscellaneous – Odds and Ends due to the subject matter not fitting into any other classification.
Posted in History

Reclaiming Conservatism

How a Great American Political Movement Got Lost--And How It Can Find Its Way Back

Author: Mickey Edwards

Publisher: Oxford University Press

ISBN: 0199887357

Category: Political Science

Page: 240

View: 1032

A leading figure in the American conservative movement for over 40 years, Mickey Edwards was a prominent Republican congressman, a former national chairman of the American Conservative Union, and a founding trustee of the Heritage Foundation. When he speaks, conservatives listen. Now, in this highly provocative and frank volume, Edwards argues loud and clear that conservatives today have abandoned their principles and have become champions of that which they once most feared. The conservative movement--which once nominated Barry Goldwater for President, and later elected Ronald Reagan--was based on a distinctly American kind of conservatism which drew its inspiration directly from the United States Constitution--in particular, an overriding belief in individual liberty and limited government. But today, Edwards argues, the mantle of conservatism has been taken over by people whose beliefs and policies threaten the entire constitutional system of government. By abetting an imperial presidency, he contends, so-called "conservatives" have gutted the system of checks and balances, abandoned due process, and trampled upon our cherished civil liberties. Today's conservatives endorse unprecedented assertions of government power--from the creation of secret prisons to illegal wiretapping. Once, they fought to protect citizens from government intrusion; today, they seem to recognize few limits on what government can do. The movement that was once the Constitution's--and freedom's--strongest defender is now at risk of becoming its most dangerous enemy. Edwards ends with a blueprint for reclaiming the essence of conservatism in America. Touching upon many current issues, this passionately argued book concludes that many of today's conservatives seem to have it all backwards. They have turned conservatism upside down--and this book calls them on it.
Posted in Political Science

Holy Writ

Interpretation in Law and Religion

Author: Dr Arie-Jan Kwak

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409496848

Category: Law

Page: 218

View: 878

It has often been remarked that law and religion have much in common. One of the most conspicuous elements is that both law and religion frequently refer to a text that has authority over the members of a community. In the case of religion this text is deemed to be 'holy', in the case of law, some, such as the American constitution, are widely held as 'sacred'. In both examples, priests and judges exert a duty to tell the community what the founding document has to say about contemporary problems. This therefore involves an element of interpretation of the relevant authoritative texts and this book focuses on such methods of interpretation in the fields of law and religion. As its starting point, scholars from different disciplines discuss the textualist approach presented here by American Supreme Court Judge and academic scholar, Justice Antonin Scalia, not only from the perspective of law but also from that of theology. The result is a lively discussion which presents a range of diverse perspectives and arguments with regard to interpretation in law and religion.
Posted in Law

Design for Liberty

Private Property, Public Administration, and the Rule of Law

Author: Richard A. Epstein

Publisher: Harvard University Press

ISBN: 0674063058

Category: Law

Page: 248

View: 2145

The noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state gives too much discretion to regulators, which results in arbitrary, unfair decisions and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights.
Posted in Law

Choice

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Academic libraries

Page: N.A

View: 2223

Posted in Academic libraries

Public Law After the Human Rights Act

Author: Tom Hickman

Publisher: Hart Pub

ISBN: N.A

Category: Law

Page: 356

View: 6078

It is remarkable that 10 years after the Human Rights Act came into effect, and with further reform possible, there are still no clear answers to basic questions about the relationship between the Human Rights Act, human rights principles and the common law. Such basic questions include: what is the Human Rights Act? What is the relationship between human rights principles and common law doctrines in public law? Do traditional public law principles need to be replaced? How has the Human Rights Act altered the constitutional relationship between the courts, government and Parliament in the UK? Public Law after the Human Rights Act proposes answers to these questions. Unlike other books on the Human Rights Act, the book looks beyond the Human Rights Act itself to its effect on public law as a whole. The book articulates in novel ways the relationship between the Act and administrative and constitutional law. It suggests that the Human Rights Act has built on the common law constitution. The discussion focuses on core topics in modern public law, including, the constitutional status of the Human Rights Act; the relationship between human rights and the common law; the Human Rights Act's effect on central doctrines of public law such as reasonableness, proportionality and process review; the structure of public law in the human rights era; derogation and emergencies; and the right of access to a court. `Tom Hickman brings to this study the experience that comes from arguing [HRA] matters before the highest UK courts the inquiry is pursued vigorously through close analysis of case law and the academic literature...[and] challenges those of all persuasions. Judicial decisions are criticized where it is felt that the courts have not reached the best result in relation to a central issue under the HRA...It is a testimony to this valuable book that it will stimulate further debate on the central themes that pervade the Human Rights Act and its impact on public law.' Paul Craig, Professor of English Law, University of Oxford
Posted in Law