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: 8806

DOWNLOAD NOW »
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.

The Warren Court: A Retrospective

Author: the late Bernard Schwartz

Publisher: Oxford University Press

ISBN: 9780195355840

Category: Law

Page: 416

View: 6124

DOWNLOAD NOW »
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.

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: 4931

DOWNLOAD NOW »
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."

Political Foundations of Judicial Supremacy

The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History

Author: Keith E. Whittington

Publisher: Princeton University Press

ISBN: 1400827752

Category: Law

Page: 320

View: 5908

DOWNLOAD NOW »
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.

The Warren Court and American Politics

Author: Lucas A. Powe

Publisher: Harvard University Press

ISBN: 0674042344

Category: Law

Page: 566

View: 7020

DOWNLOAD NOW »
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.

Partly Colored

Asian Americans and Racial Anomaly in the Segregated South

Author: Leslie Bow

Publisher: NYU Press

ISBN: 9780814791325

Category: History

Page: 285

View: 4720

DOWNLOAD NOW »
Talking at Trena's is an ethnography conducted in a bar in an African American, middle-class neighborhood on Chicago's southside. May's work focuses on how the mostly black, working- and middle-class patrons of Trena's talk about race, work, class, women, relationships, the media, and life in general. May recognizes tavern talk as a form of social play and symbolic performace within the tavern, as well as an indication of the social problems African Americans confront on a daily basis. Following a long tradition of research on informal gathering places, May's work reveals, though close description and analysis of ethnographic data, how African Americans come to understand the racial dynamics of American society which impact their jobs, entertainment--particularly television programs--and their social interactions with peers, employers, and others. Talking at Trena's provides a window into the laughs, complaints, experiences, and strategies which Trena's regulars share for managing daily life outside the safety and comfort of the tavern.

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: 7592

DOWNLOAD NOW »
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.

The Context of Judicial Activism

The Endurance of the Warren Court Legacy in a Conservative Age

Author: Frederick P. Lewis

Publisher: Rowman & Littlefield

ISBN: 9780847689927

Category: Law

Page: 141

View: 8888

DOWNLOAD NOW »
In this book, Frederick P. Lewis examines the legacy of the Warren Court, analyzing why the court's activism survived largely intact despite the efforts of four Republican presidents over a 20-year period to replace activist federal judges with jurists committed to judicial restraint. The Context of Judicial Activism will be a valuable resource for students and scholars of twentieth century constitutional history and the judicial process.

Dispelling the Myths of Abortion History

Author: Joseph W. Dellapenna

Publisher: N.A

ISBN: N.A

Category: Law

Page: 1283

View: 1318

DOWNLOAD NOW »
In Roe v. Wade, Justice Harry Blackmun structured the argument of the majority around the history of abortion laws. That history built on the work of law professor Cyril Means, Jr., and historian James Mohr. Means and Mohr proclaim four theses as summarizing the “true” history of abortion in England and America: (1) Abortion was not a crime “at common law” (before the enactment of abortion statutes in the nineteenth century. (2) Abortion was common and relatively safe during this time.(3) Abortion statutes were enacted in the nineteenth century in order to protect the life of the mother rather than the life of the embryo or fetus.(4) The moving force behind the nineteenth-century statutes was the attempt of the male medical profession to suppress competition from competing practitioners of alternative forms of medicine.This book dispels these myths and sets forth the true history of abortion and abortion law in English and American society. Anglo- American law always treated abortion as a serious crime, generally including early in pregnancy. Prosecutions and even executions go back 800 years in England, establishing law that carried over to colonial America. The reasons offered for these prosecutions and penalties consistently focused on protecting the life of the unborn child. This unbroken tradition refutes the claims that unborn children have not been treated as persons in our law or as persons under the Constitution of the United States.

Black, white, and Brown

the landmark school desegregation case in retrospect

Author: Clare Cushman,Melvin I. Urofsky,Supreme Court Historical Society

Publisher: CQ Press

ISBN: N.A

Category: History

Page: 343

View: 966

DOWNLOAD NOW »
Presents retrospective articles on the history and impact of Brown vs. Board of Education, focusing on the constitutional and legal facets of the case and recalling events before and after the decision.

Symposium

precedent & the Roberts Court

Author: Pamela S. Karlan,University of North Carolina at Chapel Hill. School of Law

Publisher: N.A

ISBN: N.A

Category: Law

Page: 336

View: 8707

DOWNLOAD NOW »

Contemporary perspectives on constitutional interpretation

Author: Susan J. Brison,Walter Sinnott-Armstrong

Publisher: Westview Pr

ISBN: N.A

Category: Law

Page: 266

View: 442

DOWNLOAD NOW »
Brings together ten of the nation’s finest and most provocative legal scholars to present their views on constitutional interpretation. All of these papers are very recent, and four were written especially for this volume.

Congress and the Court

A Case Study in the American Political Process

Author: Walter F. Murphy

Publisher: Quid Pro Books

ISBN: 1610272684

Category: Law

Page: 307

View: 6497

DOWNLOAD NOW »
Princeton political scientist Walter Murphy analyzed the role of Congress in trying to manage an activist Supreme Court at a time of seismic change in the law and evolving interplay between these powerful institutions. As the original dustjacket offered, this is a "first-rate assessment of the delicate balance of power between Congress and the Supreme Court as it affects the American political process." The new digital republication of this classic work adds a 2014 Foreword by law professor Thomas Baker, who notes the continuing relevance of Murphy's insights: "The principal object lesson he offers is that what happened in the 1950s happened before and will happen again, that separation of powers showdowns are cyclical." In sum, "This book was recognized immediately upon publication as an important contribution to the literature on separation of powers and in particular the constitutional dynamic between Congress and the Court." It "continues to enjoy in the canon of constitutional law" a recognized status, to both legal academics and political scientists, as Baker explains in his contemporary introduction. The new digital edition presents the original text and tables accurately and properly formatted as an ebook; it features active contents, linked chapter footnotes and endnotes, and even a fully-linked Index for continuity with the original print edition. Originally published by the University of Chicago Press, this is an authorized and unabridged new addition to the Classics of Law & Society Series from Quid Pro Books.

Charting the Future

The Supreme Court Responds to a Changing Society, 1890-1920

Author: John E. Semonche

Publisher: Praeger Pub Text

ISBN: N.A

Category: History

Page: 470

View: 9982

DOWNLOAD NOW »
This study concludes that the Court generally harmonized the demands of society with the Constitution, a process that resulted in modernizing the law to make it serviceable in the twentieth century. Based on consideration of all the cases decided in the era, Semonche explains how the Court operated and how it was inevitably drawn into the task of making substantial policy choices.

John Marshall Harlan

Great Dissenter of the Warren Court

Author: Tinsley E. Yarbrough

Publisher: Oxford University Press

ISBN: 9780195362978

Category: Biography & Autobiography

Page: 432

View: 1373

DOWNLOAD NOW »
When David Souter was nominated by President Bush to the Supreme Court, he cited John Marshall Harlan as his model. It was an interesting choice. Admired by conservatives and deeply respected by his liberal brethren, Harlan was a man, as Justice William Brennan lamented, whose "massive scholarship" has never been fully recognized. In addition, he was the second Harlan to sit on the Court, following his grandfather--also named John Marshall Harlan. But while his grandfather was an outspoken supporter of reconstruction on a conservative court, the younger Harlan emerged as a critic of the Warren Court's liberal expansion of civil liberties. Now, in the first biography of this important but neglected jurist, Tinsley Yarbrough provides a detailed account of Harlan's life, from his privileged childhood to his retirement and death. Yarbrough examines the forces and events which shaped the Justice's jurisprudence--his early life and often complex family relationships, education at Princeton and Oxford, his work as a prosecutor during Prohibition, Republican Party activities, wartime service in the Army Air Force, and years as one of the nation's preeminent corporate lawyers (a career culminating in his defense of the du Pont brothers in the massive DuPont-GM antitrust suit). The book focuses, however, on Harlan's years on the high bench. Yarbrough weaves together discussions of the Justice's relations with his brethren, clerks, and staff, an examination of Harlan's role in the decision-making process on the Court, and an analysis of his jurisprudence. The Justice's approach to constitutional interpretation exalted precedent, deference to governmental power, and narrow decisions closely tied to case facts; but he also accepted an evolving, creative model of constitutional construction which permitted expansive readings of constitutional rights. Yarbrough's details Harlan's close relationship with Justice Frankfurter, showing how--despite their friendship and alliance--Harlan strongly marked out his own position, both personally and judicially, on the Warren and Burger courts. And he examines the substance and significance of his dissents in such famous cases as Miranda and the Pentagon Papers. Intensively researched, smoothly written, and incisively argued, Yarbrough's biography offers an absorbing account of the life and career of a great dissenter, hailed by admirers as a "lawyer's lawyer" and a "judge's judge." Coming at a time when the high court has begun to adopt many of Harlan's principles, this account provides an essential perspective on the Court, civil liberties, and a pivotal figure in the history of both.