For fifty years, The Supreme Court Review has been lauded for providing authoritative discussion of the Court’s most significant decisions. The Review is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. Recent volumes have considered such issues as post-9/11 security, the 2000 presidential election, cross burning, federalism and state sovereignty, failed Supreme Court nominations, and numerous First and Fourth amendment cases.
One of the great continuing disputes of U.S. politics is about the role of the Supreme Court. Another is about the First Amendment. This book is about both. A classic defense of the openly political role of the Court, this book belies the notion reasserted recently by Chief Justice Roberts that judges are just neutral umpires. Especially in the area of speech, judges make policy; they create law.
For fifty years, The Supreme Court Review has been lauded for providing authoritative discussion of the court's most significant decisions. The Review is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. Recent volumes have considered such issues as post-9/11 security, the 2000 presidential election, cross-burning, federalism and state sovereignty, failed Supreme Court nominations, and numerous First- and Fourth-Amendment cases.
Now in its 10th year, this acclaimed annual publication brings together leading national scholars to analyze the Supreme Court's most important decisions from the term just ended and preview the year ahead.
The Supreme Court in United States History is a three-volume history of the U.S. Supreme Court, detailing its establishment, the major cases reviewed and decided by the Court, the historical events surrounding cases and decisions, and the effects that Supreme Court decisions had on the public. Author Charles Warren often references newspaper and magazine articles and letters in an attempt to capture the spirit of the times. Written with one eye on the Court and one eye on people, The Supreme Court in United States History was "an attempt to revivify the important cases decided by the Court and to picture the Court itself from year to year in its contemporary setting." Volume III describes Supreme Court History from 1856-1918, including the Dred Scott, Booth, Milligan, and Slaughterhouse Cases, The Civil War and Reconstruction, the reign of Chief Justices Chase, Waite, Fuller, and White, The Fourteenth Amendment and Civil Rights Acts, and the expansion of judicial powers. CHARLES WARREN (1868-1954) was an American legal historian and lawyer. Warren graduated from Harvard University and Harvard Law School, and received his Doctorate from Columbia University. In 1894, he founded the Immigration Restriction League with fellow Harvard graduates Prescott Hall and Robert DeCourcy Ward. He authored several legal history books, including A History of the American Bar, The Supreme Court in United States History, and The Making of the Constitution, and won the Pulitzer Prize for History in 1923. Warren was the Assistant Attorney General from 1914 to 1918 during Woodrow Wilson's Presidency and drafted the Espionage Act of 1917.
In his twenty terms as an associate justice of the Supreme Court of the United States, Clarence Thomas has written nearly 450 opinions. Although they are readily available to the American people, much of the public continues to base its view of Thomas merely on the reporting by the media. This analysis of Thomas’s most important majority, concurring, and dissenting opinions offers laypersons and legal professionals alike the opportunity to understand in his own words Thomas’s approach to constitutional decision-making and his understanding of the most important provisions of the Constitution. Thomas’s opinions, this work shows, reveal his consistent adherence to the core principles of federalism, separation of powers, and restrained judicial review, and to the regard for individual rights and limited government embodied by the Founders in the Constitution.
In the first Supreme Court history told primarily through eyewitness accounts from Court insiders, Clare Cushman provides readers with a behind-the-scenes look at the people, practices, and traditions that have shaped an American institution for more than 200 years. Each chapter covers one general thematic topic and weaves a narrative from memoirs, letters, diaries, and newspaper accounts by the Justices, their spouses and children, court reporters, clerks, oral advocates, court staff, journalists, and other eyewitnesses. These accounts allow readers to feel as if they are squeezed into the packed courtroom in 1844 as silver-tongued orator Daniel Webster addresses the court; eavesdropping on an exasperated Oliver Wendell Holmes, Jr., in 1930 as he snaps at a clerk’s critique of his draft opinion; or sharing a taxi with future Chief Justice John G. Roberts, Jr., in 2005 as he rushes home from the airport in anticipation of a phone call from President Bush offering him the nomination to the Supreme Court. This entertaining and enlightening tour of the Supreme Court’s colorful personalities and inner workings will be of interest to all readers of American political and legal history.
There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953–2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past.
"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.
The June 2012 issue features the Harvard Law Review's annual and extensive DEVELOPMENTS IN THE LAW section; this year's subject is Presidential Authority. The issue also includes an article by Nicholas Stephanopoulos, "Spatial Diversity," and a Book Review by Michael Dorf, "The Undead Constitution," which explores originalism and constitutional interpretation in light of recent books by David Strauss and Jack Balkin. The issue begins with a series of In Memoriam contributions celebrating Bernard Wolfman. In its Developments survey on executive authority, the authors analyze the subjects of: * The President’s Role in the Legislative Process * Presidential Power and the Office of Legal Counsel * Presidential Involvement in Defending Congressional Statutes * Executive Appointments In addition, student contributions on Recent Cases explore such topics as patentable subject matter, sentencing guidelines, economic spying, the death penalty and mental retardation, Guantánamo hearings and intelligence reports, and organ donor compensation. The issue includes Recent Publications and the Index for volume 125. The Harvard Law Review is offered in a digital edition, featuring active Table of Contents, linked footnotes and cross-references, legible tables, and proper ebook formatting. This current issue of the Review is June 2012, the eighth issue of academic year 2011-2012 (Volume 125).