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Backed by the power of the state, judges' opinions can send a person to death, dissolve a relationship between a mother and child, or sanction the racial division of a community. We like to believe that these opinions objectively enforce the law. But do they? In this stinging critique of our legal system, Thomas Ross reveals how in making and justifying their opinions, judges rely to a startling degree on personal constructs that all too often perpetuate...
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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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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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As the Supreme Court continues to rule on important issues, it is essential to understand how it operates. Based on exclusive interviews with the justices themselves and other insiders, this is a timely "state of the union" about America's most elite legal institution. From Anthony Kennedy's self-importance, to Antonin Scalia's combativeness, to David Souter's eccentricity, and even Sandra Day O'Connor's fateful breach with President George W. Bush,...
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