Playing it Safe : How the Supreme Court Sidesteps Hard Cases and Stunts the Development of Law.

It is one of the unspoken truths of the American judicial system that courts go out of their way to avoid having to decide important and controversial issues. Even the Supreme Court from which the entire nation seeks guidance frequently engages in transparent tactics to avoid difficult, politically...

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Bibliographic Details
Main Author: Kloppenberg, Lisa
Format: eBook
Language:English
Published: New York : NYU Press, 2001.
Series:Critical America.
Subjects:
Online Access:Click for online access
Table of Contents:
  • Acknowledgments; Introduction; 1 The Court Avoids Scrutinizing "Official English"Mandate; 2 The Court Grapples with Congress and StandingHurdles in Environmental Cases; 3 The Court Uses Standing to Discourage Redress forRacial Wrongs; 4 Avoiding Selected Affirmative Action Challenges; 5 Coming Out of the Constitutional Closet; 6 Avoiding Gender Equality; 7 The Court's Aggressive Expansion of States' Rights; Conclusion: Looking toward the Future:A Presumption against Avoidance; Notes; Index; About the Author.