The Warren Court: A Retrospective

Author: the late Bernard Schwartz

Publisher: Oxford University Press

ISBN: 9780195355840

Category: Law

Page: 416

View: 7137

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A judge-made revolution? The very term seems an oxymoron, yet this is exactly what the Supreme Court under Chief Justice Earl Warren achieved. In Bernard Schwartzs latest work, based on a conference at the University of Tulsa College of Law, we get the first retrospective on the Warren Court--a detailed analysis of the Courts accomplishments, including original pieces by well-known judges, professors, lawyers, popular writers such as Anthony Lewis, David Halberstam, David J. Garrow, and a rare personal remembrance by Justice William J. Brennan, Jr. The Warren Court: A Retrospective begins with an examination of the Courts decisions in a variety of different fields, such as equal protection, freedom of speech, freedom of the press, and criminal law. The work continues with The Justices, an intimate look at the principal protagonists in the Courts operation. Then, in A Broader Perspective, the book looks at the Court from an historical perspective, demonstrating its impact on the legal profession and jurisprudence, its international impact, and its legacy. Both readable and informative, The Warren Court: A Retrospective provides an invaluable source for anyone interested in the Court that did so much to change America.

The Warren Court in Historical and Political Perspective

Author: Mark V. Tushnet

Publisher: University of Virginia Press

ISBN: 9780813916651

Category: Biography & Autobiography

Page: 220

View: 3494

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The tenure of Earl Warren as chief justice of the United States Supreme Court (1953-69) was marked by a series of decisions unique in the history of the Court for the progressive agenda they bespoke. What made the Warren Court special? How can students of history and political science understand the Warren Court as part of constitutional history and politics? To answer such questions, nine well-known legal scholars and historians explore how each justice contributed to the distinctiveness of the Warren Court in Supreme Court history.

Earl Warren and the Warren Court

The Legacy in American and Foreign Law

Author: Harry N. Scheiber

Publisher: Lexington Books

ISBN: 9780739116357

Category: Law

Page: 368

View: 5479

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Earl Warren and the Warren Court comprises essays written by leading experts from the fields of law, history, and social science on the most important areas of the Warren Court's contributions in American law. In addition, Scheiber includes appraisals of the Warren Court's influence abroad, written by authorities of legal development in Europe, Latin America, Canada, and East Asia. This book offers a unique set of analyses that portray how innovations in American law generated by the Warren Court led to a reconsideration of law and the judicial role and in many areas of the world, to transformations in judicial procedure and the advancement of substantive human rights. Also explored within these pages are the personal role of Earl Warren in the shaping of "Warren era" law and the ways in which his character and background influenced his role as Chief Justice."

The American Judicial Tradition

Profiles of Leading American Judges

Author: G. Edward White

Publisher: Oxford University Press

ISBN: 9780199724307

Category: Biography & Autobiography

Page: 624

View: 6678

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In this revised third edition of a classic in American jurisprudence, G. Edward White updates his series of portraits of the most famous appellate judges in American history from John Marshall to Oliver W. Holmes to Warren E. Burger, with a new chapter on the Rehnquist Court. White traces the development of the American judicial tradition through biographical sketches of the careers and contributions of these renowned judges. In this updated edition, he argues that the Rehnquist Court's approach to constitutional interpretation may have ushered in a new stage in the American judicial tradition. The update also includes a new preface and revised bibliographic note.

The Warren Court and American Politics

Author: L. A. Scot Powe

Publisher: Belknap Press

ISBN: N.A

Category: Law

Page: 566

View: 4286

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In learned and lively narrative, Powe discusses over 200 significant rulings of the Supreme Court under Chief Justice Earl Warren, especially the explosive "Brown" decision, which fundamentally challenged the Southern way of life. 13 halftones.

Brown v. Board of Education

A Civil Rights Milestone and Its Troubled Legacy

Author: James T. Patterson

Publisher: Oxford University Press

ISBN: 0199880840

Category: History

Page: 320

View: 2146

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2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?

The Rehnquist Court

A Retrospective

Author: Martin H. Belsky

Publisher: Oxford University Press

ISBN: 9780195348934

Category: Biography & Autobiography

Page: 296

View: 8243

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In 1986, the Supreme Court's leading conservative, William H. Rehnquist, labeled by Newsweek as "The Court's Mr. Right," was made Chief Justice. Almost immediately, legal scholars, practitioners, and pundits began questioning what his influence would be, and whether he would remake our constitutional corpus in his own image. Would the center hold, or fold? This collected volume, edited by Martin H. Belsky, is the third in a series which includes The Warren Court and The Burger Court, both edited by Bernard Schwartz. It gathers together a distinguished group of scholars, journalists, judges, and practitioners to reflect on the fifteen-year impact of the Rehnquist Court. The work provides an overview of the Rehnquist Court's influence to date, examines in detail the seminal issues confronted by the Court, and places the Court in broad historical perspective. Subjects discussed include First Amendment rights and cyberspace, criminal justice reform, the Court's pattern of constitutional interpretation, the international impact of the Rehnquist Court, and the Supreme Court's increasing interaction with state constitutional law. A comprehensive look at the significant shifts in constitutional jurisprudence under Rehnquist's leadership, this volume illustrates how the Rehnquist Court has brought us almost full-circle from the judge-made revolution of the Warren Court. A must-have for all students of the Court and legal history, this book contains fascinating insights into one of the century's most controversial courts and a legacy still in the making.

Please Don't Wish Me a Merry Christmas

A Critical History of the Separation of Church and State

Author: Stephen M. Feldman

Publisher: NYU Press

ISBN: 0814728855

Category: Law

Page: 408

View: 5993

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Whether in the form of Christmas trees in town squares or prayer in school, fierce disputes over the separation of church and state have long bedeviled this country. Both decried and celebrated, this principle is considered by many, for right or wrong, a defining aspect of American national identity. Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state is a constitutional principle that promotes democracy and equally protects the religious freedom of all Americans, especially religious outgroups; and second, this principle emerges as a uniquely American contribution to political theory. In Please Don't Wish Me a Merry Christmas, Stephen M. Feldman challenges both these assumptions. He argues that the separation of church and state primarily manifests and reinforces Christian domination in American society. Furthermore, Feldman reveals that the separation of church and state did not first arise in the United States. Rather, it has slowly evolved as a political and religious development through western history, beginning with the initial appearance of Christianity as it contentiously separated from Judaism. In tracing the historical roots of the separation of church and state within the Western world, Feldman begins with the Roman Empire and names Augustine as the first political theorist to suggest the idea. Feldman next examines how the roles of church and state variously merged and divided throughout history, during the Crusades, the Italian Renaissance, the Protestant Reformation, the British Civil War and Restoration, the early North American colonies, nineteenth-century America, and up to the present day. In challenging the dominant story of the separation of church and state, Feldman interprets the development of Christian social power vis--vis the state and religious minorities, particularly the prototypical religious outgroup, Jews.

The Supreme Court and the Fourth Amendment's Exclusionary Rule

Author: Tracey Maclin

Publisher: Oxford University Press

ISBN: 0199996431

Category: Law

Page: 416

View: 3384

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The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking. Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.

History in Dispute: American social and political movements, 1900-1945 : pursuit of liberty

Author: Robert J. Allison,Benjamin Frankel

Publisher: St James Press

ISBN: 9781558623965

Category: History

Page: 323

View: 1694

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Addresses heavily debated questions by offering different critical perspectives on major historical events, drawn from all time periods and from all parts of the globe. This volume covers American social and political movements, 1945-2000. Provides students with an enhanced understanding of events only summarized in history texts, helps stimulate critical thinking and provides ideas for papers and assignments.

Mapp versus Ohio

Author: Carolyn Nestor Long

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 228

View: 4440

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Although she came to be known as merely "that girl with the dirty books," Dollree Mapp was a poor but proud black woman who defied a predominantly white police force by challenging the legality of its search-and-seizure methods. Her case, which went all the way to the Supreme Court, remains hotly debated and highly controversial today. In 1957, Cleveland police raided Mapp's home on a tip--from future fight promoter Don "the Kid" King--that they'd find evidence linked to a recent bombing. What they confiscated instead was sexually explicit material that led to Mapp's conviction for possessing "lewd and lascivious books"--a conviction that initially pitted Ohio police and judges against Mapp and the American Civil Liberties Union. At stake was not only the search-and-seizure question but also the "exclusionary rule" concerning the use of evidence not specified in a search warrant. Carolyn Long follows the police raid into Mapp's home and then chronicles the events that led to the Court's 5-4 ruling in Mapp v. Ohio (1961), which redefined the rights of the accused and set strict limits on how police could obtain and use evidence. Long traces the case through the legal labyrinth, discusses the controversies it created, and assesses its impact on police behavior, as well as subsequent prosecutions and convictions of the accused. She also analyzes Justice Tom Clark's creative use of Mapp's case to overturn Wolf v. Colorado, which had ruled that the Fourth Amendment's protection against unreasonable searches applied only to federal law, and presents Justice John Harlan's strong federalist-based dissent. As entertaining as it is informative, Long's book features a host of intriguingcharacters: Mapp, he seasoned and determined attorney, A. L. Kearns, and police sergeant Carl Delau, among others. Combined with her concise and insightful explanations of key legal principles--including the exclusionary rule itself--Long's deft narrate provides an ideal format for teachers and students in criminology, legal history, constitutional law, and political science, as well as anyone who loves a good story. The Mapp case is still much debated, especially in light of the recent reauthorization of the U.S. Patriot Act and the free rain given to law enforcement officers in matters of search and seizure. Long's compelling study thus poses important questions regarding privacy and individual rights that still matter today, even as it also illuminates one of the keystones of the Warren Court's criminal procedure revolution.

West's encyclopedia of American law

Author: Jeffrey Lehman,Shirelle Phelps

Publisher: Gale

ISBN: 9780787663674

Category: Law

Page: 7000

View: 1384

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West's Encyclopedia of American Law contains a comprehensive overview of American law in 13-volumes covering historical and current terms, concepts, events, movements, cases, and persons significant to U.S law. Including 5,000 entries that range from brief definitions of legal jargon to exhaustive examinations of court-room procedure, from explanations of complex topics such as civil rights to biographies of standout attorneys, from analyses of controversial issues such as gun control to transcripts of crucial Supreme Court decisions. Each entry was written, updated, and reviewed by lawyers and professors with the layperson or beginning student in mind.The layout of this edition includes: Entries contain definition and explanatory text The 94 sidebars provide brief highlights and add informative details of some facets of main entries while the 89 In Focus pieces complement main entries with details and arguments on interesting, important, or controversial issues Two appendix volumes contain over one hundred primary documents, including: milestone Supreme Court decisions & briefs; foundations of U.S. law; civil rights laws and commentary; presidential speeches; and scholarly essaysTopics in this edition include: Abandonment Absentee voting Defamation Defense of Marriage Act of 1996 Intermediate-Range Nuclear Forces Treaty Internet Fraud Movie rating Patent and Tradem Roman Law Martin Van Buren And much more

Symposium

the Rehnquist Court in empirical and statistical retrospective

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: 264

View: 8550

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The Burger Court

Counter-revolution Or Confirmation?

Author: Bernard Schwartz

Publisher: Oxford University Press on Demand

ISBN: 0195122593

Category: Law

Page: 316

View: 9098

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"Schwartz selected scholars, journalists, historians, and judges to present a view that is both composite and unique. From Garrow to Graglia, from Brennan to Bell, this book offers to practitioners, scholars, and jurists an examination of that most intriguing Court that separates the conflicting models of the Warren and Rehnquist benches."--Robert Henry

The Maryland State Constitution

A Reference Guide

Author: Dan Friedman

Publisher: Greenwood Publishing Group

ISBN: 9780313320446

Category: Law

Page: 399

View: 8496

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This volume provides a clear and succinct analysis of the history and interpretation of each provision of the Maryland state constitution and declaration of rights.

Earl Warren

A Public Life

Author: G. Edward White

Publisher: Oxford University Press

ISBN: 0199923329

Category: Biography & Autobiography

Page: 444

View: 2900

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This is a major biography of one of America's most influential and respected Supreme Court justices by a leading law scholar. In the late 1970s, Earl Warren's papers were opened and G. Edward White, a former law clerk of Warren, was given complete access to research this book. The result is the first study of the Chief Justice to cover his entire political career and to examine aspects of Warren's character that have seemed paradoxical. White goes back to Warren's roots in California Progressivism to illuminate his mid-century liberalism and the controversial decisions over which he presided in the Supreme Court. Based on a wealth of newly available information and White's understanding of Warren's work and personality, this is a fascinating, original portrait of Chief Justice Earl Warren.

Constitutional Counterrevolution?

The Warren Court and the Burger Court : Judicial Policy Making in Modern America

Author: Richard Funston

Publisher: John Wiley & Sons Incorporated

ISBN: N.A

Category: Law

Page: 399

View: 2910

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