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Supreme Hubris
How Overconfidence Is Destroying the Court—and How We Can Fix It
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Check link for latest rating. ( 11 ratings, 4 reviews)
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Supreme Hubris
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Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?
This book is ideal for readers interested in politics, law, and American governance, especially those seeking a fresh perspective on judicial reform and the complexities behind Supreme Court decisions. It appeals to scholars, students, and informed citizens concerned with the stability and legitimacy of legal institutions.
How to repair the dysfunction at the Supreme Court in a way that cuts across partisan ideologies
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Description
How to repair the dysfunction at the Supreme Court in a way that cuts across partisan ideologies
The Supreme Court, once the most respected institution in American government, is now routinely criticised for rendering decisions based on the individual justices' partisan leanings rather than on a faithful reading of the law. For legal scholar Aaron Tang, however, partisanship is not the Court's root problem. Overconfidence is.
Conservative and liberal justices alike have adopted a tone of uncompromising certainty in their ability to solve society's problems with just the right lawyerly arguments. The result is a Court that lurches stridently from one case to the next, delegitimising opposing views and undermining public confidence in itself.
To restore the Court's legitimacy, Tang proposes a different approach to hard cases: a "least harm principle" under which the Court rules against the side with the greatest ability to avoid the harm it would suffer in defeat. Examining a surprising number of popular opinions where the Court has applied this approach, Tang shows how the least harm principle can provide a promising and legally grounded framework for the difficult cases that divide our nation.
Book Hero Magic summarised reviews for this book. While it's new and still learning, it may not be perfect - your feedback is welcome! HOW HAS THIS BEEN REVIEWED?
Praised by leading legal experts, Supreme Hubris is recognised for its insightful diagnosis of the Court's crisis and its original solution. Franita Tolson commends Tang for revealing how overconfidence has imperilled the Supreme Court and considers the book essential reading. Erwin Chemerinsky highlights the innovative approach of pursuing outcomes that minimise harm, while Eric Segall calls it a smart and original contribution to constitutional law with the development of the least harm principle.
Book Details
INFORMATION
ISBN: 9780300264036
Publisher: Yale University Press
Format: Hardback
Date Published: 10 October 2023
Country: United States
Imprint: Yale University Press
Illustration: 1 b-w illus.
Audience: Professional and scholarly
DIMENSIONS
Width: 140.0mm
Height: 216.0mm
Weight: 250g
Pages: 328
About the Author
Aaron Tang is professor at the University of California, Davis, School of Law and a former law clerk to Supreme Court Justice Sonia Sotomayor. His writings have appeared in the New York Times, Washington Post, Los Angeles Times, and Slate.
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