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: 4373

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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 State and Federal Courts: A Complete Guide to History, Powers, and Controversy

Author: Christopher P. Banks

Publisher: ABC-CLIO

ISBN: 1440841462

Category: Political Science

Page: 513

View: 6519

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How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and many others regarding politics, the U.S. courts, and society. • Presents a broad and detailed perspective on law and politics that enables students and laypeople to analyze the judicial process and the role that state and federal courts play in American society • Comprehensively surveys the myriad contemporary issues of law and politics that affect the scope and application of social and public policies • Supplies selected primary source documents that give readers the opportunity to view key judicial documents firsthand • Includes a glossary of terms and annotated bibliography that facilitate a complete comprehension of the organization, structure, and politics of state and federal courts

I Dissent

Great Opposing Opinions in Landmark Supreme Court Cases

Author: Mark V. Tushnet

Publisher: Beacon Press

ISBN: 9780807000366

Category: Law

Page: 229

View: 2610

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A distinguished Supreme Court scholar introduces and explains sixteen influential cases from throughout the Court's history and offers a sense of what could have developed if the dissents were instead the majority opinions, looking at each case in terms of its political, social, economic, and cultural context. Original.

A History of the Supreme Court

Author: Bernard Schwartz

Publisher: Oxford University Press

ISBN: 9780195093872

Category: History

Page: 465

View: 7056

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A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.

The American Supreme Court, Sixth Edition

Author: Robert G. McCloskey,Sanford Levinson

Publisher: University of Chicago Press

ISBN: 022629692X

Category: History

Page: 448

View: 5416

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For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.

Louis D. Brandeis

A Life

Author: Melvin Urofsky

Publisher: Schocken Books Incorporated

ISBN: 0805211950

Category: Biography & Autobiography

Page: 955

View: 5306

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A full-scale portrait of the early twentieth-century Supreme Court justice seeks to distinguish his personal life from his achievements as a reformer and jurist, offering additional insight into his role in the development of pro bono legal services, the creations of the Federal Reserve Act and other key legislations, and his contributions to American-Jewish affairs as a practicing Zionist.

Scalia's Court

A Legacy of Landmark Opinions and Dissents

Author: Antonin Scalia

Publisher: Simon and Schuster

ISBN: 1621575330

Category: Political Science

Page: 592

View: 5021

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The sudden passing of Justice Antonin Scalia shook America. After almost thirty years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds. Now, as Republicans and Democrats wage war over Scalia’s lamentably empty Supreme Court seat, Kevin Ring, former counsel to the U.S. Senate’s Constitution Subcommittee, has taken a close look at the cases that best illustrate Scalia’s character, philosophy, and legacy. In Scalia’s Court: A Legacy of Landmark Opinions and Dissents, Ring collects Scalia’s most memorable opinions on free speech, separation of powers, race, religious freedom, the rights of the accused, abortion, and more; and intersperses Scalia's own words with an analysis of his legal reasoning and his lasting impact on American jurisprudence. “I don’t worry about my legacy,” Scalia once told an audience at the National Archives. “Just do your job right, and who cares?” Now that "the lion of American law has left the stage,” as the U.S. Attorney General put it, it is for the rest of America to worry about his legacy—and to care.

Freedom for the Thought That We Hate

A Biography of the First Amendment

Author: Anthony Lewis

Publisher: Basic Books

ISBN: 0465012930

Category: History

Page: 240

View: 9111

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More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America's culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment. In Freedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America's great founding ideas.

The Nine

Inside the Secret World of the Supreme Court

Author: Jeffrey Toobin

Publisher: Anchor

ISBN: 0307472892

Category: Political Science

Page: 480

View: 384

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Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

Sisters in Law

How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World

Author: Linda Hirshman

Publisher: HarperCollins

ISBN: 0062238485

Category: History

Page: 432

View: 6040

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NEW YORK TIMES BESTSELLER WASHINGTON POST BESTSELLER The author of the celebrated Victory tells the fascinating story of the intertwined lives of Sandra Day O’Connor and Ruth Bader Ginsburg, the first and second women to serve as Supreme Court justices. The relationship between Sandra Day O’Connor and Ruth Bader Ginsburg—Republican and Democrat, Christian and Jew, western rancher’s daughter and Brooklyn girl—transcends party, religion, region, and culture. Strengthened by each other’s presence, these groundbreaking judges, the first and second to serve on the highest court in the land, have transformed the Constitution and America itself, making it a more equal place for all women. Linda Hirshman’s dual biography includes revealing stories of how these trailblazers fought for their own recognition in a male-dominated profession—battles that would ultimately benefit every American woman. She also makes clear how these two justices have shaped the legal framework of modern feminism, including employment discrimination, abortion, affirmative action, sexual harassment, and many other issues crucial to women’s lives. Sisters-in-Law combines legal detail with warm personal anecdotes that bring these very different women into focus as never before. Meticulously researched and compellingly told, it is an authoritative account of our changing law and culture, and a moving story of a remarkable friendship.

Closed chambers

the rise, fall, and future of the modern Supreme Court

Author: Edward Lazarus

Publisher: Penguin Group USA

ISBN: N.A

Category: History

Page: 598

View: 8594

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A former Supreme Court clerk reveals the judicial institution's inner workings and decision making processes, offering a detailed portrait of justice corrupted by politics and unduly influenced by the power of personality.

Showdown

Thurgood Marshall and the Supreme Court Nomination that Changed America

Author: Wil Haygood

Publisher: Vintage

ISBN: 0307947378

Category: Biography & Autobiography

Page: 404

View: 6588

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"The author of The Butler presents a revelatory biography of the first African-American Supreme Court justice--one of the giants of the civil rights movement, and one of the most transforming Supreme Court justices of the 20th century, "--Novelist.

An Argument Open to All

Reading "The Federalist" in the 21st Century

Author: Sanford Levinson

Publisher: Yale University Press

ISBN: 0300216459

Category: Political Science

Page: 368

View: 6849

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In An Argument Open to All, renowned legal scholar Sanford Levinson takes a novel approach to what is perhaps America’s most famous political tract. Rather than concern himself with the authors as historical figures, or how The Federalist helps us understand the original intent of the framers of the Constitution, Levinson examines each essay for the political wisdom it can offer us today. In eighty-five short essays, each keyed to a different essay in The Federalist, he considers such questions as whether present generations can rethink their constitutional arrangements; how much effort we should exert to preserve America’s traditional culture; and whether The Federalist’s arguments even suggest the desirability of world government.

Division and Discord

The Supreme Court Under Stone and Vinson, 1941-1953

Author: Melvin I. Urofsky

Publisher: N.A

ISBN: N.A

Category: Law

Page: 298

View: 3401

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Urofsky contends that these years play a critical role in modern constitutional history, not merely as a colorful interlude between two better-known eras of Supreme Court history but also as a period that signaled a fundamental upheaval in U.S. jurisprudence - the shift in focus from the protection of private property to the protection of individual liberties.

The Great Dissent

How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America

Author: Thomas Healy

Publisher: Macmillan

ISBN: 0805094563

Category: Biography & Autobiography

Page: 322

View: 2473

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Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero. (This book was previously featured in Forecast.)

The Douglas Letters

Selections from the Private Papers of Justice William O. Douglas

Author: William William Orville Douglas

Publisher: Adler & Adler Publishers

ISBN: N.A

Category: Biography & Autobiography

Page: 448

View: 3008

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This selection of letters and memoranda helps to provide new understanding of Douglas the ardent environmentalist and the issues of special concern to him, and whatever the subject, William O. Douglas had a marvelous way with words.

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: 4233

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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.

Scalia

A Court of One

Author: Bruce Allen Murphy

Publisher: Simon and Schuster

ISBN: 0743296508

Category: Biography & Autobiography

Page: 672

View: 2597

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A deeply researched portrait of the controversial Supreme Court justice includes coverage of his career achievements, his appointment in 1986 and his party-dividing resolve to support agendas from an ethical, rather than political, perspective.