top_1_963_35.JPG
top_2_1.jpg top_2_2.jpg
 
 
  HOME   PUBLISH   DONATE   ABOUT   CONTACT   HELP   SEARCH  
 
   
Defenders of Liberty or Champions of Security?
Federal Courts, the Hierarchy of Justice, and U.S. Foreign Policy
Defenders of Liberty or Champions of Security?
Click on image to enlarge

Kirk A. Randazzo - Author
SUNY series in American Constitutionalism
Price: $55.00 
Hardcover - 138 pages
Release Date: March 2010
ISBN10: 1-4384-3047-7
ISBN13: 978-1-4384-3047-8

Quantity:  
Price: $25.95 
Paperback - 138 pages
Release Date: January 2011
ISBN10: 1-4384-3048-5
ISBN13: 978-1-4384-3048-5

Quantity:  
Available as a Google eBook
for other eReaders and tablet devices.
Click icon below...

Available as a Kindle Edition.
Click icon below...


Summary Read First Chapter image missing

Examines the critical role assumed by the U.S. judiciary in balancing concerns about national security with the protection of liberty after the terrorist attacks of 9/11.

The terrorist attacks of September 11, 2001, and the subsequent responses by the U.S. federal government have raised fundamental questions about civil liberties in both domestic and international laws. As a result, the U.S. judiciary, out of its responsibility for interpreting the Constitution, has assumed a crucial role in defining boundaries of domestic and foreign policy, and in balancing concerns about security with the protection of liberty. Utilizing a sophisticated blend of quantitative and qualitative analysis, Kirk A. Randazzo examines two main questions: To what extent do federal judges defend liberty or champion security when adjudicating disputes? And to what extent does the hierarchal structure of the federal judiciary influence decisions by lower court judges? There are, he argues, disturbing indications that the federal judiciary as a whole are not defenders of liberty. Furthermore, lower court judges strategically anticipate the decisions of higher courts and constrain their behavior to avoid reversal.

“This book provides a valuable insight into the decision making of US federal judges on foreign policy issues … [and] is a good starting point for further work on interactive judicial decision making.” — Political Studies Review

Kirk A. Randazzo is Assistant Professor of Political Science at the University of South Carolina.


Bookmark and Share

Table of Contents

List of Figures
List of Tables
Acknowledgments

Introduction
A Historical Look at the Federal Courts and U.S. Foreign Policy
The Scope of the Project
Organization of the Book

1. Theoretical Foundations
Definitions of U.S. Foreign Policy
Types of Foreign Policy Cases Adjudicated in Federal Courts
Constitutional/Legal Theories
International Relations/Foreign Policy Theories
Theories of Judicial Politics
Conclusions

2. Individual Examinations
The Paradox of Foreign Affairs Litigation
Theoretical Expectations
Research Design and Methods
Empirical Results
Conclusions

3. The Hierarchy of Justice and the Courts of Appeals
Historical Development of the Federal Judiciary
Theories of Judicial Compliance and Structural Hierarchies
Formal Model of Appeals Court Decision Making
Research Design and Methods
Empirical Results
Conclusions

4. The Hierarchy of Justice and the District Courts
Historical Development of the District Courts
Policy Making in a Judicial Hierarchy
Formal Model of District Court Decision Making
Research Design and Methods
Empirical Results
Conclusions

5. Defenders of Liberty or Champions of Security?
Analytical Contributions
Civil Liberties Protection in a Post-September 11 Environment
Quantitative Analysis of Lower Courts
Qualitative Analysis of the Supreme Court
Conclusions

Appendices
Appendix One: Coding Rules
Appendix Two: Litigant Codes
Appendix Three: Issue Codes
Notes
References
Index


Related Subjects
49606/49607(GD/RP/MC)

Related Titles

The Initiative
The Initiative
Local Party Organizations in the Twenty-First Century
Local Party Organizations in the Twenty-First Century
The Failures of American and European Climate Policy
The Failures of American and European Climate Policy
Africa Through Ghanaian Lenses
Africa Through Ghanaian Lenses
Critical Theory, Public Policy, and Planning Practice
Critical Theory, Public Policy, and Planning Practice
The Politics of Air Pollution
The Politics of Air Pollution
De La Justice Politique
De La Justice Politique
Cossack Rebellions
Cossack Rebellions
Constitutionalism, Executive Power, and the Spirit of Moderation
Constitutionalism, Executive Power, and the Spirit of Moderation
A Comparative Political Economy of Tunisia and Morocco
A Comparative Political Economy of Tunisia and Morocco



 
bottom_1_963_35.jpg