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The Jurisprudence of Justice William J. Brennan, Jr by David E. Marion Pdf
David E. Marion offers a careful review of Brennan's opinions that clarifies his defense of libertarian dignity and illustrates the profound political and constitutional impact of Brennan's opinions on public discourse and government policy.
Author : William J. Brennan,Leonard Williams Levy Publisher : SIU Press Page : 288 pages File Size : 42,8 Mb Release : 1999 Category : History ISBN : 080932234X
The Conscience of the Court by William J. Brennan,Leonard Williams Levy Pdf
The Conscience of the Court celebrates the work of Justice William J. Brennan Jr., who served on the United States Supreme Court for thirty-four years (1956-1990). Stephen L. Sepinuck and Mary Pat Treuthart introduce and present selected judicial opinions written by Justice Brennan on issues involving personal freedom, civil liberties, and equality. Brennan is ranked by many as the best writer ever to have served on the Supreme Court, and his written opinions depict real people, often in desperate, emotional situations. Remarkable for their clarity of analysis, for their eloquence, and for their forcefulness and persuasiveness, his opinions demonstrate that judicial thought need not be a proprietary enclave of lawyers or the intellectual elite. The extended excerpts selected by Sepinuck and Treuthart highlight Brennan's approach to judicial decision making. Concerned always with how each decision would actually affect people's lives, Brennan possessed a rare quality of empathy. In Brennan, the editors note, "people and groups who lacked influence in society -- Communists and flag burners, children and foreigners, criminal defendants and racial minorities" -- found a champion they could count on "to listen to their causes and judge them unmoved by the passions of the politically powerful". This book is divided into four chapters dealing with freedom of expression, religious liberties and guarantees, the individual versus the state, and protections of equality. Within each chapter, the excerpted cases are presented chronologically. The editors selected more dissenting and concurring opinions than majority opinions because, they reason, a justice writing a dissent or concurrence isfreer to express personal views than one writing for the majority who may feel compelled to include or exclude certain statements in order to hold a fragile coalition together. Each opinion has been edited to focus on the constitutional question at issue while still preserving Brennan's style of expression and process of reasoning. In their introduction to each opinion, the editors provide background facts, discuss how the excerpted opinion transformed the law or otherwise fit into the realm of constitutional jurisprudence, and delve into Justice Brennan's judicial philosophy, his method of constitutional interpretation, and the language he used.
In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government. The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal.
Justice William J. Brennan, Jr by Roger L. Goldman,William Joseph Brennan,David Gallen Pdf
Exploring his thirty-four year position on the United States Supreme Court, a detailed account of his significant contribution to the modern law on freedom of speech and the press notes his positions on civil rights, education, and capital punishment.
Mr. Justice Brennan and Freedom of Expression by W. Wat Hopkins Pdf
Hopkins examines the body of Justice Brennan's free expression jurisprudence. For him, Brennan was the prime protector of the rights of free speech and free press. He argues that Brennan's theory of free expression is built on the metaphor of a marketplace of ideas. He concludes that Brennan developed a philosophically sound First Amendment theory that was accepted by the Court, but is not being applied with the force necessary for it to be effective in practice.
This compelling work of historical non-fiction focuses on the progeny of the famous New York Times v. Sullivan Supreme Court Decision. It examines how Justice Brennan nurtured and developed the constitutional law of defamation and related claims. It provides the authoritative historical account of how an important body of constitutional law came to be. The Progeny offers fresh insights with respect to both what the law means and the process by which it was formulated.
When he was named to the U.S. Supreme Court in 1956, he likened himself to a mule entered in the Kentucky Derby. But by the time he retired 34 years later, William Brennan was regarded as the seminal justice of the second half of the 20th century. Now the coauthor of the acclaimed biography of Justice Thurgood Marshall tells Brennan's story. 16 pages of photographs.
Author : New York University. School of Law Publisher : Unknown Page : 738 pages File Size : 40,7 Mb Release : 1996 Category : Law ISBN : 9780198764052
Fundamentals of American Law by New York University. School of Law Pdf
The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This book is not simply the work of a singleauthor, but a collection of especially written essays, each by an expert in the field, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law schools in America and which offers this book as an element of its unique Global Law SchoolProgramme.The book is written specifically for foreign lawyers and law students who have a need to deal with American Law generally, but are not seeking to become specialists in any one area. For them, it is vital to understand the basic principles of a wide range of American legal fields so they can act asinformed intermediaries between their public or private clients and their American counterparts. The book not only provides the reader with a solid foundation in American law, but will also serve as a basic reference book for the fundamentals, even as some of the details change over the years.Although initially conceived to fill a void for foreign lawyers, the book is also ideally suited for others who have a significant need to understand the basic principles of American Law and to interact with American lawyers. For this reason it will be an ideal course text for students of business,accountancy, political science, or public administration, where the enquiring student will constantly find intersections with the law.The book is more than a compendium of legal principles. Each chapter explains not only what the law is, but why it is that way. It sets forth the policy considerations in institutional factors that produce a particular law so the reader can make an independent judgement about its wisdom and perhapsits adaptibility to other cultures.
Judging Free Speech contains nine original essays by political scientists and law professors, each providing a comprehensive, yet concise and accessible overview of the free speech jurisprudence of a United States Supreme Court Justice.
Author : Brennan Center for Justice Publisher : W. W. Norton & Company Page : 348 pages File Size : 46,8 Mb Release : 1997 Category : Civil rights ISBN : 0393041107
Reason and Passion by Brennan Center for Justice Pdf
During his 34 years as a member of the Supreme Court, Justice William J. Brennan played a role in shaping American justice and society that is equaled by few others. Here Tom Wicker, anna Quindlen, Alan Dershowitz, Chief Justice William Rehnquist, and a host of others explore Justice Brennan's tremendous impact on civil liberties, criminal justice, equality, and government in a collection of colorful, passionate essays.
Author : H. Jefferson Powell Publisher : University of Chicago Press Page : 161 pages File Size : 52,9 Mb Release : 2008-09-15 Category : Law ISBN : 9780226677309
Constitutional Conscience by H. Jefferson Powell Pdf
While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
An Address by Hon. William J. Brennan, Jr. on the Occasion of the Celebration of the Golden Anniversary of the Harvard Legal Aid Bureau, 1913-1963 by William J. Brennan Pdf
In "Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government. The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal.
