Understanding Supreme Court opinions
- T.R. van Geel.
- 5th ed.
- New York : Pearson/Longman, c2007.
- Physical description
- xii, 164 p. ; 24 cm.
- Van Geel, Tyll.
- Includes bibliographical references and index.
- Preface Introduction About the Author Part 1
- Chapter 1 The Supreme Court: Policy Maker and Teacher
- Constitutional Conflicts An Overview of the Constitution Getting the Supreme Court to Play Its Role Basic Features of a Supreme Court Opinion Practice Pointers Chapter 2 The Constitution in a Nutshell
- The Court as Supervisor of the Boundaries of Executive, Legislative, and Judicial Authority (The First Feature) The Court as Umpire of Federal-State Relations (The Second Feature) The Court as Supervisor of Government's Relationship to the Individual (The Third Feature) The Court as Enforcer of Government Evenhandedness: Equal Protection (The Fourth Feature) The Court as Supervisor of Government's Relationship with Religion (The Fifth Feature) Constitutionality of Federal and State Law: An Addendum Practice Pointers Chapter 3 Opinion Writing in the Supreme Court Writing a Supreme Court Opinion: The General Problem Constraints and Expectations Conclusion Practice Pointers Part 2
- Chapter 4 The Legal Materials Used in Building a Constitutional Opinion
- Originalism and Nonoriginalism Liberalism and Conservatism Judicial Activism and Deference The Opinions of Chief Justice Marshall: An Addendum Practice Pointers Chapter 5 Tests or Standards of Review
- Tests in General Selected Examples of Tests Tests and the Illusion of Certainty Practice Pointers Chapter 6 Precedent
- A Terminological Interlude The English Doctrine of Precedent The Theory of the Doctrine of Precedent The Doctrine of Precedent (Stare Decisis) in the Supreme Court More on Distinguishing Precedent Expanding the Meaning of Precedent Working with Conflicting Lines of Precedent The Effects of Narrow and Broad Readings of Precedent: An Addendum Practice Pointers Chapter 7 Strategies of Justification The Syllogism and Deductive Reasoning Deduction, Originalism, and Nonoriginalism: The Illusion of Certainty Deduction and The Analogy Deduction and Balancing Judicial Disagreements Conclusion Addendum: A Closer Look at Deduction (Optional) Practice Pointers Part 3
- Chapter 8 Understanding a Supreme Court Opinion
- The Facts The Majority Opinion Concurring and Dissenting Opinions The Dynamics of Opinion Writing Reading and Interpreting Supreme Court Opinions Table of Cases Index.
- (source: Nielsen Book Data)
- Publisher's summary
The perfect supplement to any Constitutional Law text, this book goes beyond the reading and interpretation of Supreme Court opinions. This practical text addresses the legal reasoning behind the written opinions themselves, giving students a deeper understanding of how to read and interpret the decisions of our highest court. The Fifth Edition has been thoroughly updated, incorporating throughout material on opinions issued by the Supreme Court since the last edition. It also includes: a substantial revision of Chapter 4 - "The Legal Materials Used in Building a Constitutional Opinion" - to make major points clearer to students; a modification of Chapter 7 - "Strategies of Justification" - to make it more accessible; a sample brief in Chapter 8 to illustrate writing a brief; a new feature - "Practical Pointers" - following the first seven chapters and designed to help students use constitutional materials in making legal arguments; additional coverage of issues related to terrorism.
(source: Nielsen Book Data)
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