The US Supreme Court and the Modern Common Law Approach
Cambridge University Press, 6/23/2016
EAN 9781316612866, ISBN10: 1316612864
Paperback, 422 pages, 22.9 x 15.2 x 2.2 cm
Language: English
This book studies the US Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, which often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules, using them as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, including established legal standards, the insights derived from deductive and inductive reasoning, the lessons learned from history and custom, and an examination of the social and economic consequences of the decision.
1. The US Supreme Court's decision-making process
deciding when and what to decide
2. Personal jurisdiction
3. Forum non conveniens
4. Personal jurisdiction and forum non conveniens in a transnational context
5. Subject matter jurisdiction
6. A look abroad
is the US Supreme Court's decision-making process unique?
7. Concluding remarks.