Author: Michael J. Graetz,Linda Greenhouse

Publisher: Simon and Schuster

ISBN: 1476732515

Category: History

Page: 480

View: 5361

A revelatory look at the Warren Burger Supreme Court finds that it was not moderate or transitional, but conservative—and it shaped today’s constitutional landscape. It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review). When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).
Read More

Author: Michael J. Graetz,Linda Greenhouse

Publisher: Simon and Schuster

ISBN: 1476732507

Category: History

Page: 480

View: 9031

"Drawing on the personal papers of justices as well as other archives, a first-of-its-kind book provides a fresh perspective at the Warren Burger Supreme Court, digging down to the roots of its most significant decisions and shows how their legacy affects us today,"--NoveList.
Read More

Author: Michael J. Graetz,Linda Greenhouse

Publisher: Simon and Schuster

ISBN: 1476732523

Category: History

Page: 480

View: 8619

A revelatory look at the Warren Burger Supreme Court finds that it was not moderate or transitional, but conservative—and it shaped today’s constitutional landscape. It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review). When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).
Read More

Harry Blackmun's Supreme Court Journey

Author: Linda Greenhouse

Publisher: Macmillan

ISBN: 9781429900409

Category: Biography & Autobiography

Page: 288

View: 4794

A Pulitzer Prize-winning correspondent with unprecedented access to the inner workings of the U.S. Supreme Court chronicles the personal transformation of a legendary justice From 1970 to 1994, Justice Harry A. Blackmun (1908-1999) wrote numerous landmark Supreme Court decisions, including Roe v. Wade, and participated in the most contentious debates of his era-all behind closed doors. In Becoming Justice Blackmun, Linda Greenhouse of The New York Times draws back the curtain on America's most private branch of government and reveals the backstage story of the Supreme Court through the eyes and writings of this extraordinary justice. Greenhouse was the first print reporter to have access to Blackmun's extensive archive and his private and public papers. From this trove she has crafted a compelling narrative of Blackmun's years on the Court, showing how he never lost sight of the human beings behind the legal cases and how he was not afraid to question his own views on such controversial issues as abortion, the death penalty, and sex discrimination. Greenhouse also tells the story of how Blackmun's lifelong friendship with Chief Justice Warren E. Burger withered in the crucible of life on the nation's highest court, revealing how political differences became personal, even for the country's most respected jurists. Becoming Justice Blackmun, written by America's preeminent Supreme Court reporter, offers a rare and wonderfully vivid portrait of the nation's highest court, including insights into many of the current justices. It is a must-read for everyone who cares about the Court and its impact on our lives.
Read More

The Counter-revolution that Wasn't

Author: Vincent Blasi

Publisher: N.A

ISBN: 9780300036206

Category: Political Science

Page: 326

View: 6576

Discusses rulings of the Burger Court on freedom of the press, freedom of speech, poor people's rights, criminal investigation, family law, race discrimination, sex discrimination, labor law, antitrust law, etc.
Read More

The Life of William Rehnquist

Author: John A. Jenkins

Publisher: PublicAffairs

ISBN: 1586488872

Category: Biography & Autobiography

Page: 330

View: 6063

Follows Rehnquist's career as a young lawyer in Arizona through his journey to Washington though the Warren and Burger courts to his twenty-year tenure as a Supreme Court Chief Justice who favored government power over individual rights.
Read More

Author: Jeff Shesol

Publisher: W. W. Norton & Company

ISBN: 9780393079418

Category: History

Page: 512

View: 9000

"A stunning work of history."—Doris Kearns Goodwin, author of No Ordinary Time and Team of Rivals Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices—and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.
Read More

The Supreme Court in American Life

Author: Kenneth W. Starr

Publisher: Grand Central Publishing

ISBN: 0446554162

Category: Law

Page: 352

View: 1153

Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In FIRST AMONG EQUALS Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. * On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. * On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. * On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, FIRST AMONG EQUALS sheds new light on the most frequently misunderstood legal pillar of American life.
Read More

Author: Ronald J. Mann

Publisher: Cambridge University Press

ISBN: 1107160189

Category: Law

Page: 250

View: 469

This book provides a comprehensive study of the Supreme Court's bankruptcy cases, illustrating and explaining the structural reasons for the Court's narrow bankruptcy perspective.
Read More

the school busing case and the Supreme Court

Author: Bernard Schwartz

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Education

Page: 245

View: 1129

Never has what goes on behind the red velour curtain--the give-and-take between the Supreme Court Justices in an important case--been described in such detail. Swann v. Charlotte-Mecklenburg Board of Education was the first case to decree extensive busing as part of a school desegregation plan; it established the framework for all future busing decisions. This behind-the-scenes account traces the Swann case from its origins in Charlotte, North Carolina, to the decision announced by Chief Justice Warren Burger in a packed Supreme Court Chamber. Bernard Schwartz, a leading legal scholar, draws on confidential papers and extensive interviews with justices, law clerks and others involved in the case to provide the first detailed presentation of the decision process in the Court. When Chief Justice Burger undertook to write the Swann opinion himself, Schawrtz notes, he departed from more than a century of Court tradition, for he held the minority view, leaning toward overturning the district court's pro-busing position. The book reconstructs the secret conferences and discussions in which the majority of the Justices ultimately induced the Chief Justice to give way. Schwartz traces the revisions in the opinion through six drafts and redrafts and shows how even at the last minute a strong dissent from Justice Black almost frustrated the effort. A fascinating work of microhistory, the book will be of compelling interest not only to Court-watchers but also to anyone interested in the history of civil rights.
Read More

A Very Short Introduction

Author: Linda Greenhouse

Publisher: OUP USA

ISBN: 0199754543

Category: History

Page: 126

View: 1940

A Supreme Court reporter offers an introduction to one of the pillars of American government, focusing on the people and traditions of the U.S. Supreme Court and examining many individual Supreme Court cases.
Read More

Author: Adam Lamparello,Cynthia Swann

Publisher: Taylor & Francis

ISBN: 1315407779

Category: Law

Page: 264

View: 8622

This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court's decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The authors propose a comprehensive solution that should inform the Justices' judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.
Read More

On the Press, Life, and the Spaces Between

Author: Linda Greenhouse

Publisher: Harvard University Press

ISBN: 0674980336

Category: Journalistic ethics

Page: 169

View: 9129

A Pulitzer Prize-winning reporter who covered the Supreme Court for The New York Times, Linda Greenhouse trains an autobiographical lens on a moment of transition in U.S. journalism. Calling herself "an accidental activist," she raises urgent questions about the role of journalists as citizens and participants in the world around them.
Read More

Inside the Supreme Court

Author: Bob Woodward,Scott Armstrong

Publisher: Simon and Schuster

ISBN: 1439126348

Category: Political Science

Page: 592

View: 732

The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.
Read More

Historic Rights and Wrongs

Author: Kenneth H. Winn

Publisher: University of Missouri Press

ISBN: 0826273564

Category: History

Page: 296

View: 2645

Until recently, many of Missouri’s legal records were inaccessible and the existence of many influential, historic cases was unknown. The ten essays in this volume showcase Missouri as both maker and microcosm of American history. Some of the topics are famous: Dred Scott’s slave freedom suit, Virginia Minor’s women’s suffrage case, Curt Flood’s suit against professional baseball, and the Nancy Cruzan “right to die” case. Other essays cover court cases concerning the uneasy incorporation of ethnic and cultural populations into the United States; political loyalty tests during the Civil War; the alleviation of cruelty to poor and criminally institutionalized children; the barring of women to serve on juries decades after they could vote; and the creation of the “Missouri Court Plan,” a national model for judicial selection.
Read More

Legal Cases from Barnette to Blaine

Author: Randy Bobbitt

Publisher: Lexington Books

ISBN: 0739186485

Category: Language Arts & Disciplines

Page: 274

View: 5789

This book covers the history of legal cases involving free speech issues on K-12 and college campuses, particularly from 1965 through 2015. It also covers religious issues, speech codes, political correctness, and more recent challenges like hate speech and threats of violence, including those taking place off campus and spread by social media.
Read More

Law, Courts, and the Politics of Institutional Development

Author: Justin Crowe

Publisher: Princeton University Press

ISBN: 1400842573

Category: Political Science

Page: 328

View: 2536

How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
Read More

The Debate Over Discrimination and School Funding

Author: Paul A. Sracic

Publisher: N.A

ISBN: N.A

Category: Education

Page: 169

View: 4088

An in-depth study of school financing examined through the closely decided Supreme Court case that overturned a ruling that found Texas's system for financing its public schools was unconstitutional, signaling the end of an era in the pursuit of equal education for all American citizens.
Read More

The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted

Author: Ian Millhiser

Publisher: Nation Books

ISBN: 1568585853

Category: Political Science

Page: 368

View: 6014

Now with a new epilogue. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution’s promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren’t for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people’s elected representatives, and has bent the arc of American history away from justice.
Read More

Author: Geoffrey R. Stone

Publisher: Liveright Publishing

ISBN: 1631493655

Category: Law

Page: 704

View: 9676

There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.
Read More