Scorpions

The Battles and Triumphs of FDR's Great Supreme Court Justices

Author: Noah Feldman

Publisher: Twelve

ISBN: 0446575143

Category: History

Page: 528

View: 3338

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A tiny, ebullient Jew who started as America's leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. SCORPIONS tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.

Franklin Roosevelt and the Great Constitutional War

The Court-packing Crisis of 1937

Author: Marian Cecilia McKenna

Publisher: Fordham Univ Press

ISBN: 9780823221547

Category: History

Page: 612

View: 2986

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This new history of Franklin D. Roosevelt and the "Great Constitutional War" is a critical, revisionist portrayal of FDR's personal role in initiating, with the advice of his attorney general, Homer S. Cummings, a "reorganization of the federal judiciary," or what in fact constituted a bald-faced attempt to "pack" the Supreme Court in 1937. No issue in domestic politics ever aroused the country>'s anger as did the presidential proposal to increase the size of the Supreme Court to fifteen by giving the president power to appoint a new judge for every justice over the age of 70 who refused to resign or retire. For background, the case histories which led up to this bold stroke are, for the first time, chronicled and analyzed in a setting that places the stirring events which ensued in their proper perspective. The importance of the book's subject, the thorough documentation, its reasoned and reasonable criticism, all set forth in a lively, but lucid writing style should give this book a popular readership that reaches well beyond academia.

FDR and Chief Justice Hughes

The President, the Supreme Court, and the Epic Battle Over the New Deal

Author: James F. Simon

Publisher: Simon and Schuster

ISBN: 1416573283

Category: History

Page: 461

View: 6442

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Documents the political clashes between the 32nd President and the Supreme Court under Chief Justice Hughes regarding the New Deal, providing coverage of the President's proposed legislative remedies, the constitutional challenges posed by a conservative bloc on the Court and FDR's efforts to undermine the abilities of opposing justices. 40,000 first printing.

The Court and the World

American Law and the New Global Realities

Author: Stephen Breyer

Publisher: Vintage

ISBN: 1101912073

Category: Law

Page: 400

View: 5642

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"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.

A Court Divided

The Rehnquist Court and the Future of Constitutional Law

Author: Mark V. Tushnet

Publisher: W. W. Norton & Company

ISBN: 9780393058680

Category: Law

Page: 384

View: 7242

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In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

Robert H. Jackson

New Deal Lawyer, Supreme Court Justice, Nuremberg Prosecutor

Author: Gail Jarrow

Publisher: Calkins Creek Books

ISBN: N.A

Category: Juvenile Nonfiction

Page: 128

View: 6446

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Details the personal journey of an extraordinary man who never earned a law degree, from his childhood in rural New York, to FDR's New Deal inner circle during the Great Depression, to becoming chief U.S. prosecutor at the Nuremberg Trial.

Scorpions

Author: Walter Dean Myers

Publisher: Harper Collins

ISBN: 9780061975066

Category: Young Adult Fiction

Page: 240

View: 3732

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Scorpions, a Newbery Honor Book by National Ambassador for Young People's Literature Walter Dean Myers, is celebrating its twenty-fifth anniversary! When it was first published in 1988, Scorpions amazed readers. It continues to do so today. This special twenty-fifth anniversary edition contains the original Scorpions novel, plus an extra Q&A with New York Times bestselling author Walter Dean Myers—including questions about juvenile detention facilities, gang life today, and friendship. Also included are a sneak peek at Kick, by Walter Dean Myers and Ross Workman, and an excerpt from Myers's New York Times bestselling novel Monster!

Justice for All

Earl Warren and the Nation He Made

Author: Jim Newton

Publisher: Penguin

ISBN: 9781440619809

Category: Biography & Autobiography

Page: 624

View: 6690

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In Justice for All, Jim Newton, an award-winning journalist for the Los Angeles Times, brings readers the first truly comprehensive consideration of Earl Warren, the politician-turned-Chief Justice who refashioned the place of the court in American life through landmark Supreme Court cases whose names have entered the common parlance -- Brown v. Board of Education, Griswold v. Connecticut, Miranda v. Arizona, to name just a few. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton explores a fascinating angle of U.S. Supreme Court history while illuminating both the public and the private Warren. One of the most acclaimed and best political biographies of its time, Justice for All is a monumental work dedicated to a complicated and principled figure that will become a seminal work of twentieth-century U.S. history.

A Companion to Franklin D. Roosevelt

Author: William D. Pederson

Publisher: John Wiley & Sons

ISBN: 1444395173

Category: History

Page: 784

View: 3270

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A Companion to Franklin D. Roosevelt presents a collection of historiographical essays by leading scholars that provides a comprehensive review of the scholarship on the president who led the United States through the tumultuous period from the Great Depression to the waning days of World War II. Represents a state-of-the-art assessment of current scholarship on FDR, the only president elected to four terms of office and the central figure in key events of the first half of the 20th century Covers all aspects of FDR's life and times, from his health, relationships, and Supreme Court packing, to New Deal policies, institutional issues, and international relations Features 35 essays by leading FDR scholars

Supreme Power: Franklin Roosevelt vs. the Supreme Court

Author: Jeff Shesol

Publisher: W. W. Norton & Company

ISBN: 9780393079418

Category: History

Page: 512

View: 948

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"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.

Five Chiefs

A Supreme Court Memoir

Author: John Paul Stevens

Publisher: Little, Brown

ISBN: 0316199788

Category: Biography & Autobiography

Page: 304

View: 8002

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When he resigned last June, Justice Stevens was the third longest serving Justice in American history (1975-2010)--only Justice William O. Douglas, whom Stevens succeeded, and Stephen Field have served on the Court for a longer time. In Five Chiefs, Justice Stevens captures the inner workings of the Supreme Court via his personal experiences with the five Chief Justices--Fred Vinson, Earl Warren, Warren Burger, William Rehnquist, and John Roberts--that he interacted with. He reminisces of being a law clerk during Vinson's tenure; a practicing lawyer for Warren; a circuit judge and junior justice for Burger; a contemporary colleague of Rehnquist; and a colleague of current Chief Justice John Roberts. Along the way, he will discuss his views of some the most significant cases that have been decided by the Court from Vinson, who became Chief Justice in 1946 when Truman was President, to Roberts, who became Chief Justice in 2005. Packed with interesting anecdotes and stories about the Court, Five Chiefs is an unprecedented and historically significant look at the highest court in the United States.

Student Diversity at the Big Three

Changes at Harvard, Yale, and Princeton Since the 1920s

Author: Marcia Synnott

Publisher: Routledge

ISBN: 1351487779

Category: Education

Page: 384

View: 7159

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Strengthening affirmative action programs and fighting discrimination present challenges to America's best private and public universities. US college enrollments swelled from 2.6 million students in 1955 to 17.5 million by 2005. Ivy League universities, specifically Harvard, Yale, and Princeton, face significant challenges in maintaining their professed goal to educate a reasonable number of students from all ethnic, racial, religious, and socio-economic groups while maintaining the loyalty of their alumni. College admissions officers in these elite universities have the daunting task of selecting a balanced student body. Added to their challenges, the economic recession of 2008-2009 negatively impacted potential applicants from lower-income families. Evidence suggests that high Standard Aptitude Test (SAT) scores are correlated with a family's socioeconomic status. Thus, the problem of selecting the "best" students from an ever-increasing pool of applicants may render standardized admissions tests a less desirable selection mechanism. The next admissions battle may be whether well-endowed universities should commit themselves to a form of class-based affirmative action in order to balance the socioeconomic advantages of well-to-do families. Such a policy would improve prospects for students who may have ambitions for an education that is beyond their reach without preferential treatment. As in past decades, admissions policies may remain a question of balances and preferences. Nevertheless, the elite universities are handling admission decisions with determination and far less prejudice than in earlier eras.

Dissent and the Supreme Court

Its Role in the Court's History and the Nation's Constitutional Dialogue

Author: Melvin I. Urofsky

Publisher: Vintage

ISBN: 030774132X

Category: Law

Page: 544

View: 2648

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In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court's long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court's majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean and fashioning subsequent decisions--largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous & now overturned case of Dred Scott v. Sanford (1857) during which Chief Justice Roger Taney's opinion upheld slaver and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.

The Brethren

Inside the Supreme Court

Author: Bob Woodward,Scott Armstrong

Publisher: Simon and Schuster

ISBN: 1439126348

Category: Political Science

Page: 592

View: 2342

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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.

Cool War

The United States, China, and the Future of Global Competition

Author: Noah Feldman

Publisher: Random House Trade Paperbacks

ISBN: 081298255X

Category: Political Science

Page: 224

View: 2053

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A bold and thought-provoking look at the future of U.S.-China relations, and how their coming power struggle will reshape the competitive playing field for nations around the world The Cold War seemingly ended in a decisive victory for the West. But now, Noah Feldman argues, we are entering an era of renewed global struggle: the era of Cool War. Just as the Cold War matched the planet's reigning superpowers in a contest for geopolitical supremacy, so this new age will pit the United States against a rising China in a contest for dominance, alliances, and resources. Already visible in Asia, the conflict will extend to the Middle East (U.S.-backed Israel versus Chinese-backed Iran), Africa, and beyond. Yet this Cool War differs fundamentally from the zero-sum showdowns of the past: The world's major power and its leading challenger are economically interdependent to an unprecedented degree. Exports to the U.S. account for nearly a quarter of Chinese trade, while the Chinese government holds 8 percent of America's outstanding debt. This positive-sum interdependence has profound implications for nations, corporations, and international institutions. It makes what looked to be a classic contest between two great powers into something much more complex, contradictory, and badly in need of the shrewd and carefully reasoned analysis that Feldman provides. To understand the looming competition with China, we must understand the incentives that drive Chinese policy. Feldman offers an arresting take on that country's secretive hierarchy, proposing that the hereditary "princelings" who reap the benefits of the complicated Chinese political system are actually in partnership with the meritocrats who keep the system full of fresh talent and the reformers who are trying to root out corruption and foster government accountability. He provides a clear-eyed analysis of the years ahead, showing how China's rise presents opportunities as well as risks. Robust competition could make the U.S. leaner, smarter, and more pragmatic, and could drive China to greater respect for human rights. Alternatively, disputes over trade, territory, or human rights could jeopardize the global economic equilibrium--or provoke a catastrophic "hot war" that neither country wants. The U.S. and China may be divided by political culture and belief, but they are also bound together by mutual self-interest. Cool War makes the case for competitive cooperation as the only way forward that can preserve the peace and make winners out of both sides. Praise for Cool War "A timely book . . . sharp, logical and cool."--The Economist "Noah Feldman's dissection of the United States-China relationship is smart, balanced, and wise."--Robert D. Kaplan, New York Times bestselling author of The Revenge of Geography "Compelling . . . Feldman's book carries enough insight to warrant serious attention from anyone interested in what may well be the defining relationship in global affairs for decades to come."--Kirkus Reviews "A worthwhile and intriguing read."--The Washington Post "Masterfully elucidates China's non-democratic/non-communist new form of government."--Publishers Weekly From the Hardcover edition.

The Case Against the Supreme Court

Author: Erwin Chemerinsky

Publisher: Penguin Books

ISBN: 0143128000

Category: History

Page: 400

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Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court's historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

FDR and the Jews

Author: Richard Breitman

Publisher: Harvard University Press

ISBN: 0674073673

Category: History

Page: 459

View: 2606

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A contentious debate lingers over whether Franklin Delano Roosevelt turned his back on the Jews of Hitler’s Europe. FDR and the Jews reveals a concerned leader whose efforts on behalf of Jews were far greater than those of any other world figure but whose moral leadership was tempered by the political realities of depression and war.

The Enigma of Felix Frankfurter

Author: H. N. Hirsch

Publisher: Quid Pro Books

ISBN: 1610272463

Category: Biography & Autobiography

Page: 263

View: 2664

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A recognized, fascinating, and much-cited classic of judicial biography and Supreme Court insight is now available in a quality ebook edition—featuring active contents, linked notes, proper formatting, and a fully-linked Index. Felix Frankfurter was perhaps the most influential jurist of the 20th century—and one of the most complex men ever to sit on the U.S. Supreme Court. Mysteries and apparent contradictions abound. A vibrant and charming friend to many, why are his diaries so full of vitriol against judicial colleagues, especially Douglas and Black? An active Zionist, why did he so zealously enjoy the company of Boston Brahmins, whose snobbery he detested? Most puzzling of all: why did someone known before his appointment to the Court as a civil libertarian—even a radical—become our most famous and persistent advocate for austere judicial restraint? In answering these and other questions, this pathbreaking biography of Frankfurter explores the personality of the man as a key to understanding the Justice. Harry Hirsch sees in Frankfurter's fascinating and complex persona a clue to the biggest mystery of all: the contrast between the brilliant and ambitious young immigrant rising by his intellect and charm to leadership in U.S. academic and political life; and the judge, equally brilliant, but increasingly isolated, embittered, and ineffective. "Hirsch's well-written book ... dispels the contradictory image that has long mystified students of Felix Frankfurter. His portrait is unvarnished, yet scrupulously fair. Revealed is a consummate manipulator of public men and policy. No future biographer can safely ignore the brilliant biographical work." — Alpheus Thomas Mason, Princeton University "Hirsch's carefully constructed and supported psychological analysis of Justice Frankfurter gives us an exciting look at the inner workings of the Supreme Court." — Martin Shapiro, University of California, Berkeley A new addition to the Legal History & Biography Series from Quid Pro Books. This is an authorized and unabridged digital republication of the acclaimed book first published by Basic Books.

The Will of the People

How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution

Author: Barry Friedman

Publisher: Farrar, Straus and Giroux

ISBN: 9781429989954

Category: Law

Page: 624

View: 8846

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In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.