Although the thirteen United States Courts of Appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these Courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics, but by many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each Court of Appeals. In-depth interviews of the Chief Judges of all thirteen circuits and surveys of all Clerks of Court reveal previously undisclosed practices and customs.
The Supreme Court's October 2023 Term was filled with blockbuster decisions that will have a dramatic effect on the law and on people's lives. The Court created broad immunity from criminal prosecution for official acts taken by a president, dramatically limited the power of federal administrative agencies, clarified the meaning of the Second Amendment, and empowered cities to use the criminal law against the unhoused. This concise book reviews the key decisions of October Term 2022 and their implications.
This introductory American politics textbook highlights political controversies and debates that make politics compelling and shows that politics has the potential--against formidable odds--to solve crucial public problems.
"This volume is a thorough re-examination of civil unrest and discontent in the United States, particularly the intersection of democracy and violence. The work argues that unrest and violence are embedded rituals of social and political 'disconsent', and are constitutive features of citizen-based democracy. As such, they are part of how democratic life works: unrest is the eruptive, visible grammar of citizens in a democratic society. Democracy and citizen unrest and violence in the United States is set within a deeper history. The author traces the roots of American democracy -- and the rituals of disconsent -- to their sources in ancient Mediterranean political society, demonstrating that early democratic theory and practice understood unrest and revolt as morally grounded. Featuring case studies of recent episodes of political and social 'disconsent' in the United States, the volume contextualizes the Black Lives Matter protests, unrest around police and institutional violence, and the Capitol insurrection on January 6th. Through this, the book provides an important social theoretical lens through which to understand American discontent around racial injustice, political suppression, and citizen disillusionment"-- Provided by publisher.
Arguments about taxation are among the most heated- no other topic is as influential to the role of government and the distribution of costs and benefits in America. But while understanding of our tax system is of vital importance, the complexity can create confusion. Two of America's leading authorities on taxes, Leonard E. Burman and Joel Slemrod, bring clarity in this concise explanation of how our tax system works, how it affects people and businesses, and how it might be improved. The book explores what makes a tax system fair, simple, and efficient, why our system falls short, and whether the new tax law promises much, if any, improvement. Accessibly written and organized in a clear, question-and-answer format, the book describes the intricacies of the modern tax system in an easy-to-grasp manner. It has been revised and updated to both explain the Tax Cuts and Jobs Act (TCJA) in 2017, the most comprehensive reform of its income tax system since 1986, and to examine its likely effects on individuals, businesses, and society. Among the questions discussed are: How much more tax could the IRS collect with better enforcement? How do tax burdens vary around the world? Why do corporations pay so little tax, even though they earn trillions of dollars every year? What kind of tax system is most conducive to economic growth? And, can taxes be fair?
Alignment between governmental outputs and popular preferences is a core democratic value. For the people genuinely to rule, their government should heed their wishes. Yet alignment is not appreciated by election law scholarship, much of which focuses on other democratic goals. Nor do the courts consider alignment when deciding election law cases. Aligning Election Law fills this gap, providing a new theoretical perspective on election law and showing how alignment theory would operate in practice, in both litigation and legislation. Nicholas O. Stephanopoulos examines alignment from a variety of angles, including its democratic value, its place in legal doctrine, its rarity in modern American politics, and its application to particular election law topics. The book also engages with issues facing American constitutional law and society, including voting restrictions, political parties, partisan gerrymandering, minority representation, and campaign finance, and how alignment theory would tackle these. The book's orientation is normative, suggesting how judicial (and nonjudicial) institutions should approach electoral regulations, not how they have addressed them in the past. By thoroughly canvassing the democratic theory, empirical political science, and election law literatures, the book argues that alignment should be a tenet of the law of democracy. Accordingly, Aligning Election Law will be valuable not just to scholars, students, and practitioners of election law, but to anyone wishing to understand how the law of democracy could better achieve the values of democracy.