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"The controversies surrounding the nominations, confirmations, and rejections of recent Supreme Court Justices, and the increasingly conservative nature of the Court, have focused attention on the Supreme Court as never before. Although the Supreme Court is commonly understood to be the guardian of minority rights against the tyranny of the majority, Race Against the Court argues that the Court has never successfully performed this function. Rather...
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Decision provides a unique behind-the-scenes look at the Supreme Court and how its Justices decide cases. Distinguished author Bernard Schwartz, uses confidential conference notes, draft opinions, memoranda, letters, and interviews to tell what really goes on behind the red velour curtain. Cases and anecdotes, woven into deft discussions of the Justices and how they function, provide unmatched insights into our high tribunal. We read of the conferences...
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"Completely updated to cover Supreme Court decisions through October of 1997, this classic study remains the basic work in the field. Providing historical context and current insight, Freedom and the Court is the best and most comprehensive textual summary of the Supreme Court's work on civil liberties and civil rights. Lucid, lively, and impeccably researched and enormously readable, it is indispensable to the teaching of civil liberties and the...
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When, in 1801, John Marshall became Chief Justice of the United States, the Supreme Court was little more than a clause in the Constitution and a gaggle of conflicting opinions. For the next thirty-five years, Marshall was to mold the Court into a major force. Under his leadership, it learned to speak with one voice, becoming a powerful and respected third branch of government. It enunciated the principle of judicial review, established itself as...
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In The Supreme Court Reborn, esteemed scholar William E. Leuchtenburg explores the critical episodes of the legal revolution that created the Court we know today. Leuchtenburg deftly portrays the events leading up to Roosevelt's showdown with the Supreme Court. Committed to laissez-faire doctrine, the conservative "Four Horsemen"--Justices Butler, Van Devanter, Sutherland, and McReynolds - aided by the swing vote of Justice Owen Roberts - struck down...
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The transcripts of the Senate Judiciary Committee hearings on Clarence Thomas are extraordinarily rich and suggestive. Much has been written about the hearings, but until now no one has paid close attention to the actual language of the participants. Revisiting the words of Clarence Thomas and Anita Hill, Jane Flax asks what we would learn about American politics if these hearings were, literally, our only text. How does our legal and judicial system...
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As the leading legal voice of the American conservative movement, Supreme Court Justice Antonin Scalia has challenged the assumptions and legal methodology of American liberals. In this thorough and exacting study of the development of Justice Scalia's legal principles, political scientist Richard Brisbin explores the foundation and elaboration of the justice's conservative political vision.
Scalia's jurisprudence, Brisbin contends, values order...
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Combining an historical and strategic analysis, this study describes the doctrinal development of the constitutional rights of prisoners from the pre-Warren Court period through the current Rehnquist Court. Like many provisions in the Bill of Rights, the meaning of the Eighth Amendment's language on "cruel and unusual punishment" and the scope of prisoners' rights have been influenced by prevailing public opinion, interest group advocacy, and the...
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John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist. Hobson argues that contrary to his critics, Marshall...
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A diverse collection of essays by nationally recognized scholars, politicians, and lawyers that challenges the popular myth that the U.S. Supreme Court is an apolitical institution. It analyzes the manner in which the U.S. Supreme Court superintends the electoral process through its judicial decision-making. As a provocative study of the intersection between law and politics, it considers whether the nation's highest court, as an inherently undemocratic...
15) The Rehnquist choice: the untold story of the Nixon appointment that redefined the Supreme Court
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Former White House Counsel John Dean describes the process by which the Nixon Administration settled on William Rehnquist as their nominee for a seat on the Supreme Court in 1971.
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Even Eleanor Roosevelt, according to one biographer of the former president, would "shake her head and say that she could not imagine what had led her husband to follow such a disastrous course" as his "court-packing" scheme of 1937. Comprising ten essays, the third volume to be derived from Louisiana State University's "FDR After 50 Years" conference of September 1995 explores that political debacle and other, more successful, efforts to influence...
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"Is the Supreme Court usurping American politics? In this book eminent legal scholar Michael J. Perry addresses this grave question, specifically inquiring into which of several major constitutional conflicts centered on the Fourteenth Amendment - conflicts over racial segregation, race-based affirmative action, sex-based discrimination, homosexuality, abortion, and physician-assisted suicide - have been resolved as they should have been."--Jacket....
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Clarence Thomas is one of the most vilified public figures of the late twentieth and early twenty-first centuries. Time magazine has called him "Uncle Tom Justice" and famed columnist Nat Hentoff accused him of "having done more damage, more quickly, than any Supreme Court justice in history." What is perhaps most remarkable about Justice Thomas's Supreme Court tenure is that, despite the fact that he will be influencing American law for generations...
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