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The Intellectual Maturation and Ideological Legacy of William Rehnquist

Author : George Willmott
Publisher : Archway Publishing
Page : 134 pages
File Size : 13,73 MB
Release : 2024-05-20
Category : History
ISBN : 1665758821

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This book explores the pivotal career and judicial legacy of William Rehnquist (1924-2005). With the political polarization and controversial cases swirling around the Supreme Court in recent years, understanding the development of Rehnquist is critical to anyone seeking to learn about modern judicial conservatism and its origins. While the last several years have marked perhaps the height of judicial conservatism, the movement’s origins lie with William Rehnquist. “This fascinating book by a remarkably talented young scholar provides an illuminating and engaging history of Justice Rehnquist’s entire intellectual life. A scholarly work but also an entertaining read, the book is a unique biography of William Rehnquist as well as a concise history of the Supreme Court during his time.” - Theodore W. Ruger John H. Chestnut Professor of Law and Former Dean, University of Pennsylvania Law School

Henry Friendly, Greatest Judge of His Era

Author : David M. Dorsen
Publisher : Harvard University Press
Page : 513 pages
File Size : 44,20 MB
Release : 2012-04-10
Category : Biography & Autobiography
ISBN : 0674064933

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Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.

Keeping Faith with the Constitution

Author : Goodwin Liu
Publisher : Oxford University Press
Page : 274 pages
File Size : 26,51 MB
Release : 2010-08-05
Category : Law
ISBN : 0199752834

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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Representing Justice

Author : Judith Resnik
Publisher : Yale University Press
Page : 719 pages
File Size : 18,9 MB
Release : 2011-01-01
Category : Law
ISBN : 0300110960

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A remnant of the Renaissance : the transnational iconography of justice -- Civic space, the public square, and good governance -- Obedience : the judge as the loyal servant of the state -- Of eyes and ostriches -- Why eyes? : color, blindness, and impartiality -- Representations and abstractions : identity, politics, and rights -- From seventeenth-century town halls to twentieth-century courts -- A building and litigation boom in Twentieth-Century federal courts -- Late Twentieth-Century United States courts : monumentality, security, and eclectic imagery -- Monuments to the present and museums of the past : national courts (and prisons) -- Constructing regional rights -- Multi-jurisdictional premises : from peace to crimes -- From "rites" to "rights" -- Courts : in and out of sight, site, and cite -- An iconography for democratic adjudication.

The Brethren

Author : Bob Woodward
Publisher : Simon and Schuster
Page : 717 pages
File Size : 35,20 MB
Release : 2011-05-31
Category : Political Science
ISBN : 1439126348

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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.

Nixon's Court

Author : Kevin J. McMahon
Publisher : University of Chicago Press
Page : 358 pages
File Size : 47,38 MB
Release : 2011-09-19
Category : Political Science
ISBN : 0226561216

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Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.

Computational Legal Studies

Author : Ryan Whalen
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 13,84 MB
Release : 2020-09-25
Category : Law
ISBN : 1788977459

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Featuring contributions from a diverse set of experts, this thought-provoking book offers a visionary introduction to the computational turn in law and the resulting emergence of the computational legal studies field. It explores how computational data creation, collection, and analysis techniques are transforming the way in which we comprehend and study the law, and the implications that this has for the future of legal studies.