The Burger Court And The Rise Of The Judicial Right

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The Burger Court and the Rise of the Judicial Right

Michael J. Graetz,Linda Greenhouse
The Burger Court and the Rise of the Judicial Right Book PDF

Author : Michael J. Graetz,Linda Greenhouse
Publisher : Simon and Schuster
Page : 480 pages
File Size : 43,5 Mb
Release : 2017-06-06
Category : History
ISBN : 9781476732510

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The Burger Court and the Rise of the Judicial Right by Michael J. Graetz,Linda Greenhouse Pdf

The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.

The Burger Court and the Rise of the Judicial Right

Michael J. Graetz,Linda Greenhouse
The Burger Court and the Rise of the Judicial Right Book PDF

Author : Michael J. Graetz,Linda Greenhouse
Publisher : Simon and Schuster
Page : 480 pages
File Size : 55,7 Mb
Release : 2016-06-07
Category : History
ISBN : 9781476732503

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The Burger Court and the Rise of the Judicial Right by Michael J. Graetz,Linda Greenhouse Pdf

"Drawing on the personal papers of justices as well as other archives, a first-of-its-kind book provides a fresh perspective at the Warren Burger Supreme Court, digging down to the roots of its most significant decisions and shows how their legacy affects us today, "--NoveList.

The Burger Court and the Rise of the Judicial Right

Michael J. Graetz,Linda Greenhouse
The Burger Court and the Rise of the Judicial Right Book PDF

Author : Michael J. Graetz,Linda Greenhouse
Publisher : Simon and Schuster
Page : 480 pages
File Size : 46,5 Mb
Release : 2016-06-07
Category : History
ISBN : 9781476732527

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The Burger Court and the Rise of the Judicial Right by Michael J. Graetz,Linda Greenhouse Pdf

A revelatory look at the Warren Burger Supreme Court finds that it was not moderate or transitional, but conservative—and it shaped today’s constitutional landscape. It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review). When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).

The Chief Justiceship of Warren Burger, 1969-1986

Earl M. Maltz
The Chief Justiceship of Warren Burger 1969 1986 Book PDF

Author : Earl M. Maltz
Publisher : Univ of South Carolina Press
Page : 338 pages
File Size : 47,5 Mb
Release : 2000
Category : Biography & Autobiography
ISBN : 1570033358

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The Chief Justiceship of Warren Burger, 1969-1986 by Earl M. Maltz Pdf

Maltz (law, Rutgers U.) discusses the often discongruous nature of the Burger Court, explaining its generally centrist proceedings, yet acknowledging that it, at times, produced decisions even more liberal than that of the Warren Court, its liberal predecessor. At the same time this book shows patterns that explain the doctrinal positions adopted by the majority in each case. Annotation copyrighted by Book News Inc., Portland, OR

The Rise of Modern Judicial Review

Christopher Wolfe
The Rise of Modern Judicial Review Book PDF

Author : Christopher Wolfe
Publisher : Rowman & Littlefield Publishers
Page : 463 pages
File Size : 46,7 Mb
Release : 1994-03-29
Category : Philosophy
ISBN : 9781461645467

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The Rise of Modern Judicial Review by Christopher Wolfe Pdf

'A clear, readable and fair account of the development of judicial review.'-Ashley Montagu

The Most Activist Supreme Court in History

Thomas M. Keck
The Most Activist Supreme Court in History Book PDF

Author : Thomas M. Keck
Publisher : University of Chicago Press
Page : 393 pages
File Size : 49,8 Mb
Release : 2010-02-15
Category : Political Science
ISBN : 9780226428864

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The Most Activist Supreme Court in History by Thomas M. Keck Pdf

When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.

Packing the Court

James Macgregor Burns
Packing the Court Book PDF

Author : James Macgregor Burns
Publisher : Penguin
Page : 344 pages
File Size : 45,9 Mb
Release : 2009-06-25
Category : Political Science
ISBN : 9781101081907

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Packing the Court by James Macgregor Burns Pdf

From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

Government by Judiciary

Raoul Berger
Government by Judiciary Book PDF

Author : Raoul Berger
Publisher : Studies in Jurisprudence and L
Page : 0 pages
File Size : 48,8 Mb
Release : 1997
Category : Law
ISBN : 0865971447

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Government by Judiciary by Raoul Berger Pdf

It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

The Burger Court

Charles M. Lamb,Stephen C. Halpern
The Burger Court Book PDF

Author : Charles M. Lamb,Stephen C. Halpern
Publisher : University of Illinois Press
Page : 532 pages
File Size : 47,5 Mb
Release : 1991
Category : Law
ISBN : 0252061357

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The Burger Court by Charles M. Lamb,Stephen C. Halpern Pdf

This volume offers valuable insights into the thirteen justices who served on the Supreme Court while Warren E. Burger was chief justice, from 1969 to 1986. Each chapter focuses on one of the thirteen, beginning with a brief introduction and biographical sketch and then analyzing the individual justice's contributions to major areas and issues of constitutional law.

The Rights Revolution

Charles R. Epp
The Rights Revolution Book PDF

Author : Charles R. Epp
Publisher : University of Chicago Press
Page : 343 pages
File Size : 55,7 Mb
Release : 2020-05-14
Category : Law
ISBN : 9780226772424

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The Rights Revolution by Charles R. Epp Pdf

It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.

Justice on the Brink

Linda Greenhouse
Justice on the Brink Book PDF

Author : Linda Greenhouse
Publisher : Random House Trade Paperbacks
Page : 353 pages
File Size : 43,7 Mb
Release : 2022-10-04
Category : Political Science
ISBN : 9780593447949

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Justice on the Brink by Linda Greenhouse Pdf

The gripping story of the Supreme Court’s transformation from a measured institution of law and justice into a highly politicized body dominated by a right-wing supermajority, told through the dramatic lens of its most transformative year, by the Pulitzer Prize–winning law columnist for The New York Times—with a new preface by the author “A dazzling feat . . . meaty, often scintillating and sometimes scary . . . Greenhouse is a virtuoso of SCOTUS analysis.”—The Washington Post In Justice on the Brink, legendary journalist Linda Greenhouse gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect. In a page-turning narrative, she recounts the twelve months when the court turned its back on its legacy and traditions, abandoning any effort to stay above and separate from politics. With remarkable clarity and deep institutional knowledge, Greenhouse shows the seeds being planted for the court’s eventual overturning of Roe v. Wade, expansion of access to guns, and unprecedented elevation of religious rights in American society. Both a chronicle and a requiem, Justice on the Brink depicts the struggle for the soul of the Supreme Court, and points to the future that awaits all of us.

Texas Supreme Court Justice Bob Gammage

John C. Domino
Texas Supreme Court Justice Bob Gammage Book PDF

Author : John C. Domino
Publisher : Rowman & Littlefield
Page : 285 pages
File Size : 45,6 Mb
Release : 2019-10-17
Category : Law
ISBN : 9781498578592

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Texas Supreme Court Justice Bob Gammage by John C. Domino Pdf

John C. Domino examines Texas Supreme Court Justice Bob Gammage’s progressive jurisprudence during the most tumultuous period in Texas judicial history. This era witnessed numerous seismic shifts, including the manner in which judicial campaigns were conducted, the rise of million dollar judicial races, a dramatic change in the partisan and ideological composition of the Texas Supreme Court, the Court of Criminal Appeals, and most of the fourteen intermediate appellate courts, as well as the birth of the judicial reform movement in Texas. Gammage, who served as a court of appeals judge and as a state supreme court justice, forged a solid liberal record arguing for robust individual rights, including the right to privacy, freedom of expression, due process, and equal protection, whether those rights were implied in the Texas constitution, rooted in an evolving common law, or set out in state and federal judicial precedent.

Supreme Inequality

Adam Cohen
Supreme Inequality Book PDF

Author : Adam Cohen
Publisher : Penguin
Page : 448 pages
File Size : 54,6 Mb
Release : 2020-02-25
Category : Political Science
ISBN : 9780735221512

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Supreme Inequality by Adam Cohen Pdf

“Meticulously researched and engagingly written . . . a comprehensive indictment of the court’s rulings in areas ranging from campaign finance and voting rights to poverty law and criminal justice.” —Financial Times A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.

The Brethren

Bob Woodward,Scott Armstrong
The Brethren Book PDF

Author : Bob Woodward,Scott Armstrong
Publisher : Simon and Schuster
Page : 717 pages
File Size : 44,5 Mb
Release : 2011-05-31
Category : Political Science
ISBN : 9781439126349

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The Brethren by Bob Woodward,Scott Armstrong Pdf

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.

An Entrenched Legacy

Patrick M. Garry
An Entrenched Legacy Book PDF

Author : Patrick M. Garry
Publisher : Penn State Press
Page : 202 pages
File Size : 43,7 Mb
Release : 2010-11
Category : Law
ISBN : 9780271045429

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An Entrenched Legacy by Patrick M. Garry Pdf

An Entrenched Legacy takes a fresh look at the role of the Supreme Court in our modern constitutional system. Although criticisms of judicial power today often attribute its rise to the activism of justices seeking to advance particular political ideologies, Patrick Garry argues instead that the Supreme Court&’s power has grown mainly because of certain constitutional decisions during the New Deal era that initially seemed to portend a lessening of the Court&’s power. When the Court retreated from enforcing separation of powers and federalism as the twin structural protections for individual liberty in the face of FDR&’s New Deal agenda, it was inevitably drawn into an alternative approach, substantive due process, as a means for protecting individual rights. This has led to many controversial judicial rulings, particularly regarding the recognition and enforcement of privacy rights. It has also led to the mistaken belief that the judiciary serves as the only protection of liberty and that an inherent conflict exists between individual liberty and majoritarian rule. Moreover, because the Court has assumed sole responsibility for preserving liberty, the whole area of individual rights has become highly centralized. As Garry argues, individual rights have been placed exclusively under judicial jurisdiction not because of anything the Constitution commands, but because of the constitutional compromise of the New Deal. During the Rehnquist era, the Court tried to reinvigorate the constitutional doctrine of federalism by strengthening certain powers of the states. But, according to Garry, this effort only went halfway toward a true revival of federalism, since the Court continued to rely on judicially enforced individual rights for the protection of liberty. A more comprehensive reform would require a return to the earlier reliance on both federalism and separation of powers as structural devices for protecting liberty. Such reform, as Garry notes, would also help revitalize the role of legislatures in our democratic system.