The Supreme Court In Conference 1940 1985

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The Supreme Court in Conference (1940-1985)

Author : Del Dickson
Publisher : Oxford University Press
Page : 1035 pages
File Size : 41,8 Mb
Release : 2001-07-12
Category : Political Science
ISBN : 9780195126327

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The Supreme Court in Conference (1940-1985) by Del Dickson Pdf

The Supreme Court in Conference offers a fascinating and unprecedented look at the private debates between Justices on nearly 300 landmark cases from 1940-1985. Major decisions such as Roe v. Wade and Brown v. Board of Education are covered and the notes of Justices Felix Frankfurter, William O. Douglas, Frank Murphy, Robert Jackson, Harold Burton, Tom Clark, Earl Warren and William Brennan are opened to shed light on what goes on behind the closed doors of the secretive conference room.In this unique and revealing work on some of the most profound rulings made at a turbulent time in American history, the reader is given insight into how and why certain decisions were reached. With expert editing by Del Dickson--who provides annotations and an introduction to each case, placing them in legal and historical context--cases on issues such as free speech, the rights of the accused, religion, Presidential power, equal protection, affirmative action and the death penalty are discussed. Dickson also includes a lively and incisive history of the Supreme Court, from its beginning to the present, illuminating how the conference works, how it has evolved, its various animosities, triumphant successes and glaring failures.As the first major reference work on this subject, this easy-to-use book offers the most reliable evidence available on the internal workings of the Supreme Court. It is the ideal source for scholars, law students, historians and anyone interested in how Supreme Court decisions are truly made.

Clashing Worldviews in the U.S. Supreme Court

Author : James Davids,Erik Gustafson,Sherena Arrington
Publisher : Rowman & Littlefield
Page : 379 pages
File Size : 40,5 Mb
Release : 2021-10-19
Category : Law
ISBN : 9781498570602

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Clashing Worldviews in the U.S. Supreme Court by James Davids,Erik Gustafson,Sherena Arrington Pdf

Contrasting two Protestant justices who hold distinctively different worldviews, Chief Justice William H. Rehnquist and Justice Harry A. Blackmun, this book explores how each came to hold his worldview, how each applied it in Supreme Court rulings, and how it led them to differing outcomes for liberty, equality, and justice. This clash of worldviews between Rehnquist, whose religious and philosophical influences were anchored in the Reformation, and Blackmun, whose Reformation theology was modified by Enlightenment philosophy, provide the context to examine the true nature of justice, liberty, and equality and to consider how such ideals can be maintained in a society with increasingly divergent worldviews.

The Supreme Court and the Fourth Amendment's Exclusionary Rule

Author : Tracey Maclin
Publisher : Oxford University Press
Page : 414 pages
File Size : 49,5 Mb
Release : 2013
Category : Law
ISBN : 9780199795475

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The Supreme Court and the Fourth Amendment's Exclusionary Rule by Tracey Maclin Pdf

The application of the Fourth Amendment's exclusionary rule has divided the justices of the Supreme Court for nearly a century. This book traces the rise and fall of the exclusionary rule with insight and behind-the-scenes access into the Court's thinking.

From the Grassroots to the Supreme Court

Author : Peter F. Lau
Publisher : Duke University Press
Page : 417 pages
File Size : 53,5 Mb
Release : 2004-12-07
Category : Law
ISBN : 9780822386100

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From the Grassroots to the Supreme Court by Peter F. Lau Pdf

Perhaps more than any other Supreme Court ruling, Brown v. Board of Education, the 1954 decision declaring the segregation of public schools unconstitutional, highlighted both the possibilities and the limitations of American democracy. This collection of sixteen original essays by historians and legal scholars takes the occasion of the fiftieth anniversary of Brown to reconsider the history and legacy of that landmark decision. From the Grassroots to the Supreme Court juxtaposes oral histories and legal analysis to provide a nuanced look at how men and women understood Brown and sought to make the decision meaningful in their own lives. The contributors illuminate the breadth of developments that led to Brown, from the parallel struggles for social justice among African Americans in the South and Mexican, Asian, and Native Americans in the West during the late nineteenth century to the political and legal strategies implemented by the National Association for the Advancement of Colored People (naacp) in the twentieth century. Describing the decision’s impact on local communities, essayists explore the conflict among African Americans over the implementation of Brown in Atlanta’s public schools as well as understandings of the ruling and its relevance among Puerto Rican migrants in New York City. Assessing the legacy of Brown today, contributors analyze its influence on contemporary law, African American thought, and educational opportunities for minority children. Contributors Tomiko Brown-Nagin Davison M. Douglas Raymond Gavins Laurie B. Green Christina Greene Blair L. M. Kelley Michael J. Klarman Peter F. Lau Madeleine E. Lopez Waldo E. Martin Jr. Vicki L. Ruiz Christopher Schmidt Larissa M. Smith Patricia Sullivan Kara Miles Turner Mark V. Tushnet

The Truman Court

Author : Rawn James
Publisher : University of Missouri Press
Page : 321 pages
File Size : 53,7 Mb
Release : 2021-06-07
Category : History
ISBN : 9780826274564

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The Truman Court by Rawn James Pdf

Perhaps the most overlooked aspect of Harry S. Truman’s presidency is his judicial legacy, with even the finest of Truman biographies neglecting to consider the influence he had on the Supreme Court. Yet, as Rawn James lays out in engaging detail, president Harry Truman successfully molded the high court into a judicial body that appeared to actively support his administration’s political agenda. In rulings that sparked controversy in their own time, the Supreme Court repeatedly upheld Truman’s most contentious policies, including actions to restrict free speech, expand civil rights, and manage labor union unrest. The Truman Court: Law and the Limits of Loyalty argues that the years between FDR’s death in 1945 and Chief Justice Earl Warren’s confirmation in 1953—the dawn of the Cold War—were, contrary to widespread belief, important years in Supreme Court history. Never before or since has a president so quickly and completely changed the ideological and temperamental composition of the Court. With remarkable swiftness and certainty, Truman constructed a Court on which he relied to lend constitutional credence to his political agenda.

The Supreme Court Sourcebook

Author : Richard H. Seamon,Andrew Siegel
Publisher : Aspen Publishing
Page : 708 pages
File Size : 49,8 Mb
Release : 2013-05-14
Category : Law
ISBN : 9781454838685

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The Supreme Court Sourcebook by Richard H. Seamon,Andrew Siegel Pdf

The Supreme Court Sourcebook provides carefully selected, edited, and analyzed materials on the Court, including academic literature, historical materials, internal court documents, Court filings, and judicial opinions. The flexible organization suits a variety of courses. An online component keeps the book current and interesting, with ready-to-use materials in pending cases for advocacy and opinion-writing simulations. The combined package gives professors a turnkey solution for teaching a theoretical course (examination of the Supreme Court as an institution), a hands-on course (simulations of oral argument and opinion writing in pending cases), or any custom combination in between. All of the authors have significant Supreme Court experience: Seamon served with now Chief Justice John Roberts in the Office of the U.S. Solicitor General, representing the U.S. in cases before the Court; Siegel clerked for Justice John Paul Stevens; Thai clerked for Justice John Paul Stevens and Justice Byron R. White; and Watts clerked for Justice John Paul Stevens. Features: carefully selected, edited, and analyzed materials academic literature historical materials judicial opinions litigation papers internal court documents online component keeps the book current and interesting supplies ready-to-use packages of materials uses pending cases for advocacy and opinion-writing simulations flexible organization provides a turnkey solution for a variety of courses a theoretical course (examination of the Supreme Court as an institution) a hands-on course (simulations of oral argument and opinion writing in pending cases) any custom combination vast author experience working for and appearing before the Supreme Court Seamon served with now Chief Justice John Roberts in the Office of the U.S. Solicitor General, representing the U.S. in cases before the Court Siegel clerked for Justice John Paul Stevens Thai clerked for Justice John Paul Stevens and Justice Byron R. White Watts clerked for Justice John Paul Stevens

This Earthly Frame

Author : David Sehat
Publisher : Yale University Press
Page : 343 pages
File Size : 51,5 Mb
Release : 2022
Category : RELIGION
ISBN : 9780300244212

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This Earthly Frame by David Sehat Pdf

"This Earthly Frame is a sweeping, path-breaking history of public secularism's rise and fall in the United States from Jefferson to Trump. Narrating the stories of a diverse cast of characters-from the founding fathers and Henry Ward Beecher to Fanny Wright, Robert Ingersoll, and Jehovah's Witnesses-David Sehat explores the tensions at the heart of American political and religious history. The U.S. has a national constitution that does not acknowledge God, but Christian ideas have still suffused American life, making the country one of the central sites in the wider disagreements about how religion and governance should be related. Sehat stresses that the story of American secularism is one of religious and non-religious alliance; religious advocacy was vital to secularism's success. Religious and non-religious Jews, liberal Protestants, apocalyptic sects like the Jehovah's Witness, and anti-religious activists-all used the courts and the constitutional language of the First Amendment to create the secular order. The religious and the non-religious alike supported secularism as a solution to social conflict. But in the last fifty years, many religious conservatives have turned against secularism and spoken instead of the importance of their religious freedom. Avoiding both polemic and lament, This Earthly Frame offers a powerful reinterpretation of American secularism and a clear framework for understanding the religiously infused conflict of the present"--

Privacy Rights

Author : Alice Fleetwood Bartee
Publisher : Rowman & Littlefield Publishers
Page : 311 pages
File Size : 45,5 Mb
Release : 2006-04-27
Category : Law
ISBN : 9781461641285

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Privacy Rights by Alice Fleetwood Bartee Pdf

Privacy Rights: Cases Lost and Causes Won Before the Supreme Court is a unique and timely study of the judicial process as it confronts four privacy issues: birth control, gay rights, abortion, and the right to die. The moral questions surrounding these subjects create intense and enduring debates about the scope and limits of the right to privacy. In four historic cases the right to privacy was struck down by the Supreme Court; in four later cases these rulings were overturned. Why? This book explains the original failure by analyzing attorneys' mistakes, miscommunication in the judicial conference, attitudes and policy predilections of the justices, and the negative attitudes of state officials and interest groups. The ultimate win for privacy rights is an exciting story involving well-known cases like Lawrence v. Texas, Planned Parenthood v. Casey, Griswold v. Connecticut, and the case of Terri Schiavo. Through the personal and legal details of these dramatic stories, the debate on privacy rights comes alive.

The Supreme Court and Election Law

Author : Richard Hasen
Publisher : NYU Press
Page : 239 pages
File Size : 43,5 Mb
Release : 2006-03
Category : Law
ISBN : 9780814736913

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The Supreme Court and Election Law by Richard Hasen Pdf

In the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks the Court’s role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process. The Supreme Court does have a crucial role to play in protecting a socially constructed “core” of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court’s most important election law cases from Baker to Bush have been wrongly decided.

Friends of the Supreme Court: Interest Groups and Judicial Decision Making

Author : Paul M. Collins, Jr.
Publisher : Oxford University Press
Page : 248 pages
File Size : 41,8 Mb
Release : 2008-08-15
Category : Law
ISBN : 0199707227

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Friends of the Supreme Court: Interest Groups and Judicial Decision Making by Paul M. Collins, Jr. Pdf

The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.

The Burger Court and the Rise of the Judicial Right

Author : Michael J. Graetz,Linda Greenhouse
Publisher : Simon and Schuster
Page : 480 pages
File Size : 53,8 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 Supreme Court in the American Legal System

Author : Jeffrey A. Segal,Harold J. Spaeth,Sara C. Benesh
Publisher : Cambridge University Press
Page : 428 pages
File Size : 54,7 Mb
Release : 2005-08
Category : Law
ISBN : 0521780381

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The Supreme Court in the American Legal System by Jeffrey A. Segal,Harold J. Spaeth,Sara C. Benesh Pdf

This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.

The Supreme Court and McCarthy-Era Repression

Author : Robert M. Lichtman
Publisher : University of Illinois Press
Page : 314 pages
File Size : 55,9 Mb
Release : 2012-08-15
Category : History
ISBN : 9780252094125

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The Supreme Court and McCarthy-Era Repression by Robert M. Lichtman Pdf

In this volume, attorney Robert M. Lichtman provides a comprehensive history of the U.S. Supreme Court's decisions in "Communist" cases during the McCarthy era. Lichtman shows the Court's vulnerability to public criticism and attacks by the elected branches during periods of political repression. The book describes every Communist-related decision of the era (none is omitted), placing them in the context of political events and revealing the range and intrusiveness of McCarthy-era repression. In Fred Vinson's term as chief justice (1946-53), the Court largely rubber-stamped government action against accused Communists and "subversives." After Earl Warren replaced Vinson as chief justice in 1953, however, the Court began to rule against the government in "Communist" cases, choosing the narrowest of grounds but nonetheless outraging public opinion and provoking fierce attacks from the press and Congress. Legislation to curb the Court flooded Congress and seemed certain to be enacted. The Court's situation was aggravated by its 1954 school-desegregation decision, Brown v. Board of Education, which led to an anti-Court alliance between southern Democrats and anti-Communists in both parties. Although Lyndon Johnson's remarkable talents as Senate majority leader saved the Court from highly punitive legislation, the attacks caused the Court to retreat, with Felix Frankfurter leading a five-justice majority that decided major constitutional issues for the government and effectively nullified earlier decisions. Only after August 1962, when Frankfurter retired and was replaced by Arthur Goldberg, did the Court again begin to vindicate individual rights in "Communist" cases--its McCarthy era was over. Demonstrating keen insight into the Supreme Court's inner workings and making extensive use of the justices' papers, Lichtman examines the dynamics of the Court's changes in direction and the relationships and rivalries among its justices, including such towering figures as Hugo Black, Felix Frankfurter, Earl Warren, William O. Douglas, and William J. Brennan, Jr. The Supreme Court and McCarthy-Era Repression: One Hundred Decisions tells the entire story of the Supreme Court during this unfortunate period of twentieth-century American history.

The Pursuit of Justice

Author : Kermit L. Hall,John J. Patrick
Publisher : Oxford University Press
Page : 256 pages
File Size : 49,7 Mb
Release : 2006-12-01
Category : Law
ISBN : 9780198042617

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The Pursuit of Justice by Kermit L. Hall,John J. Patrick Pdf

With a survey of the thirty Supreme Court cases that, in the opinion of U.S. Supreme Court justices and leading civics educators and legal historians, are the most important for American citizens to understand, The Pursuit of Justice is the perfect companion for those wishing to learn more about American civics and government. The cases range across three centuries of American history, including such landmarks as Marbury v. Madison (1803), which established the principle of judicial review; Scott v. Sandford (1857), which inflamed the slavery argument in the United States and led to the Civil War; Plessy v. Ferguson (1896), which memorialized the concept of separate but equal; and Brown v. Board of Education (1954), which overturned Plessy. Dealing with issues of particular concern to students, such as voting, school prayer, search and seizure, and affirmative action, and broad democratic concepts such as separation of powers, federalism, and separation of church and state, the book covers all the major cases specified in the national and state civics and American history standards. For each case, there is an introductory essay providing historical background and legal commentary as well as excerpts from the decision(s); related documents such as briefs or evidence, with headnotes and/or marginal commentary, some possibly in facsimile; and features or sidebars on principal players in the decisions, whether attorneys, plaintiffs, defendants, or justices. An introductory essay defines the criteria for selecting the cases and setting them in the context of American history and government, and a concluding essay suggests the role that the Court will play in the future.

Decentering Discussions on Religion and State

Author : Sargon George Donabed,Autumn Quezada-Grant
Publisher : Lexington Books
Page : 313 pages
File Size : 50,6 Mb
Release : 2015-04-09
Category : Political Science
ISBN : 9780739193266

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Decentering Discussions on Religion and State by Sargon George Donabed,Autumn Quezada-Grant Pdf

This volume explores dynamic conversations through history between individuals and communities over questions about religion and state. Divided into two sections, our authors begin with considerations on the separation of religion and state, as well as Roger Williams’ concept of religious freedom. Authors in the first half consider nuanced debates centered on emerging narratives, with particular emphasis on Native America, Early Americans, and experiences in American immigration after Independence. The first half of the volume examines voices in American History as they publicly engage with notions of secular ideology. Discussions then shift as the volume broadens to world perspectives on religion-state relations. Authors consider critical questions of nation, religious identity and transnational narratives. The intent of this volume is to privilege new narratives about religion-state relations. Decentering discussions away from national narratives allows for emerging voices at the individual and community levels. This volume offers readers new openings through which to understand critical but overlooked interactions between individuals and groups of people with the state over questions about religion.