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How Courts Govern America epub

by Richard Neely


How Courts Govern America epub

ISBN: 0300029802

ISBN13: 978-0300029802

Author: Richard Neely

Category: History

Subcategory: Americas

Language: English

Publisher: Yale University Press; Revised ed. edition (September 10, 1983)

Pages: 234 pages

ePUB book: 1166 kb

FB2 book: 1525 kb

Rating: 4.7

Votes: 576

Other Formats: lrf mbr txt doc





How Courts Govern America has been added to your Cart. The book is old but all that is "outdated" are the examples used by Judge Neely. The system remains the same; the way the courts govern America hasn't changed

How Courts Govern America has been added to your Cart. The system remains the same; the way the courts govern America hasn't changed. I'll guess that I own more than a dozen "scholarly" books on how the courts work-and don't-and how they "fit" within the American schema of government. I've probably read a couple of dozen more. None other than this book are written from a "whistleblowers" point of view. Judge Neely tells it like it is, was, and likely ever will be.

How Courts Govern America book.

Neely's best-known book, How Courts Govern America was written at the height of judicial activism. Frankly admitting that he was a restrained judicial activist, Neely explained the practical and political limits to courts' powers, making his book an important contribution to arguments for judicial restraint

How courts govern America. How courts govern America. by. Neely, Richard, 1941-.

How courts govern America. Books for People with Print Disabilities. Internet Archive Books.

It is a familiar complaint that the courts are everywhere and no one is untouched by court intrusions into our everyday life.

Richard Neely, American lawyer, specializing in the field of Defense and prosecution of Class Actions, Toxic Torts, Personal Injury, Commercial . Light wear to boards. Content is clean and bright ) Other Work.

Richard Neely, American lawyer, specializing in the field of Defense and prosecution of Class Actions, Toxic Torts, Personal Injury, Commercial Litigation, Appellate Practice, Domestic Relations involving substantial property. Member of Neely & Hunter. Author: "How Courts Govern America," Yale University Press, 1980. Why Courts Don't Work," McGraw Hill, 1982. The Divorce Decision," McGraw Hill, 1983.

The Imperial Judiciary. Yale University Press. Yet, coming as it does from a sitting judge-Richard Neely, Chief Justice of the West Virginia Supreme Court of Appeals-it is an important document. Neely’s main purpose is to defend the judicial establishment against the charge of undemocratic usurpation that has gained attention in recent years. Instead of denying the extensive policy-making role which courts have assumed, Neely confirms it. Are you sure you want to remove How courts govern America from your list? How courts govern America. Published 1981 by Yale University Press in New Haven, Conn.

It is a familiar complaint that the courts are everywhere and no one is untouched by court intrusions into our everyday life. Why have life-tenured judges who are beyond the reach of the democratic process taken charge of our democracy? In this book a lively young judge sweeps away the rhetoric of scholars and describes the real reasons for an activist judiciary as he sees them from his own experience in politics and his present position on the bench. Far from considering the role of the courts a threat, he offers the surprising theory that the courts are the central institution that makes American democracy work.

Neely explains the power of the courts by analyzing the structural and operational defects inherent in the other institutions of American government―the electoral system, the executive and legislative branches, the bureaucracy, and political machines. He shows how Congress deliberately leaves responsibility for important lawmaking in the hands of the courts to avoid the political consequences of alienating special interests and how bureaucrats, frequently influenced by self-serving goals, cannot be depended upon to act in the best interests of the public. Citing examples of legal corruption in every level of government outside the courts, he argues persuasively that the foundation of court power is its comparative honesty.

Although Neely is a proponent of judicial activism, he stresses the need for judicial restraint and cautions against the court’s usurpation of power in decisions that rightfully belong elsewhere. He creates a set of neutral, intellectually justifiable principles by which judges, lawyers, and laymen can assess whether a court’s intrusion into political policymaking in a given case is legitimate.

“Promises to be the most important book on constitutional law in the last fifty years.” –Stanley E. Presier, TRIAL

“Neely crisply maintains that courts are forced to make the hard policy choices legislators avoid. Drawing on his own experience as a state legislator and supreme court judge, Neely laces his argument with lively anecdotage. The author’s breezy style makes for delightful reading.” –Walter Gellhorn

“Must reading for any student of government.” –Charles Peters, Washington Monthly

“A witty defense of judicial activism by a young justice of the West Virginia Supreme Court. It is generally devoid of cant; refreshingly blunt, in fact.” –Joseph Sorban, National Review

“A minor classic on how American courts operate (not to say govern). This work by a gifted prose stylist will be neglected at peril by those seeking truth about the contemporary judiciary.” –J. Patrick Lewis, Business and Society Review

“Justice Neely’s analysis of how the system works makes this book a valuable contribution to the growing body of judicial realism literature.” –William J. Daniels, Perspective

“Bright, perceptive, and informative…. Justice Neely offers the best analysis I have seen of the realities of cooperation and tension between courts, legislature, and executive administration.” –Graham Hughes, The New York Review of Books

“One of the most informative and enjoyable works on government that I have read. The author is incisive, accurate and humorous. He explodes many myths about government and politics…. Should be required reading for every political science student.” –Richard M. Mosk, Riverside Press/Daily Enterprise.

The book is old but all that is "outdated" are the examples used by Judge Neely. The system remains the same; the way the courts govern America hasn't changed. I'll guess that I own more than a dozen "scholarly" books on how the courts work--and don't--and how they "fit" within the American schema of government. I've probably read a couple of dozen more. None other than this book are written from a "whistleblowers" point of view. Judge Neely tells it like it is, was, and likely ever will be. I frequently differ with the "benefit" he sees bestowed upon our way of doing things, but I never disagree with the apt--and often witty--way he describes the inner workings and hidden mechanisms of the courts and how they "mesh" with the other three--yes THREE--branches of government. The Legislative, the Executive, and the Administrative. Fair counsel: if you love sausage never watch it being made.
I read this book many years ago while in law school. At the time I studied Constitutional Law and was frustrated at the volume of case studies a student had to wade through in order to glean the pertinent information from each case. This book explained more about how American government is structured, and it's principles of operation, than volumes of case books thrown at me in law school. I would heartily recommend Richard Neely's explanation of the workings of courts in America to anyone who wants to get to the heart of the matter, and gain uncommon insight into the country we know and love today.