By analyzing the perspectives and influential decisions of individual justices on the Rehnquist Court (1986-2005), this volume reveals how a divided Supreme Court limited the scope of rights affecting criminal justice without fulfilling ...
Author: Christopher E. Smith
Publisher: Lexington Books
By analyzing the perspectives and influential decisions of individual justices on the Rehnquist Court (1986-2005), this volume reveals how a divided Supreme Court limited the scope of rights affecting criminal justice without fulfilling conservatives' goal of eliminating foundational concepts established during the Warren Court era. The era's generally conservative Supreme Court preserved rights in several contexts because individual justices do not necessarily view all constitutional rights issues through a simple, consistent philosophical lens.
Consisting of original papers written for the Burger Court Conference, the book has contributions from such distinguished scholars as Derrick Bell, Anthony Lewis, and Robert Drinan.
Author: Bernard Schwartz
Publisher: Oxford University Press on Demand
"Schwartz selected scholars, journalists, historians, and judges to present a view that is both composite and unique. From Garrow to Graglia, from Brennan to Bell, this book offers to practitioners, scholars, and jurists an examination of that most intriguing Court that separates the conflicting models of the Warren and Rehnquist benches."--Robert Henry
Would the center hold, or fold? This collected volume, edited by Martin H. Belsky, is the third in a series which includes The Warren Court and The Burger Court, both edited by Bernard Schwartz.
Author: Martin H. Belsky
Publisher: Oxford University Press
In 1986, the Supreme Court's leading conservative, William H. Rehnquist, labeled by Newsweek as "The Court's Mr. Right," was made Chief Justice. Almost immediately, legal scholars, practitioners, and pundits began questioning what his influence would be, and whether he would remake our constitutional corpus in his own image. Would the center hold, or fold? This collected volume, edited by Martin H. Belsky, is the third in a series which includes The Warren Court and The Burger Court, both edited by Bernard Schwartz. It gathers together a distinguished group of scholars, journalists, judges, and practitioners to reflect on the fifteen-year impact of the Rehnquist Court. The work provides an overview of the Rehnquist Court's influence to date, examines in detail the seminal issues confronted by the Court, and places the Court in broad historical perspective. Subjects discussed include First Amendment rights and cyberspace, criminal justice reform, the Court's pattern of constitutional interpretation, the international impact of the Rehnquist Court, and the Supreme Court's increasing interaction with state constitutional law. A comprehensive look at the significant shifts in constitutional jurisprudence under Rehnquist's leadership, this volume illustrates how the Rehnquist Court has brought us almost full-circle from the judge-made revolution of the Warren Court. A must-have for all students of the Court and legal history, this book contains fascinating insights into one of the century's most controversial courts and a legacy still in the making.
Latzer provides the most thorough treatment available of the criminal law aspects of the New Federalism. His thoroughly researched and documented analysis of the state law movement covers all fifty states over the past two decades.
Author: Barry Latzer
The new "judicial federalism" is a significant development in American law: more cases are being decided by state constitutions than ever before in history. In this book, Latzer provides the most thorough treatment available of the criminal law aspects of the New Federalism. His thoroughly researched and documented analysis of the state law movement covers all fifty states over the past two decades. This is an important resource for anyone concerned with the political-ideological tension between federal and state courts.
Explores the era, justices, key events, and decisions in landmark Supreme Court cases, and examines the impact of the Court under Chief Justic William Burger on religious liberty, civil liberties, abortion, and criminal justice.
Author: Tinsley E. Yarbrough
Publisher: Abc-Clio Incorporated
Category: Biography & Autobiography
A valuable analysis of the political environment, judicial records, and implications of rulings during the era of the Burger Court.
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.
Author: Michael J. Graetz
Publisher: Simon and Schuster
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).
His first and most important appointment was the replacement of Chief Justice Earl Warren by Warren Burger, who had been harshly critical of the criminal ...
Author: Thomas R. Hensley
Category: Biography & Autobiography
Highlights: - Provides an analysis of the major conservative changes in U.S. constitutional law during the Rehnquist Court- Analyzes the Rehnquist Court's voting record and the lasting impacts of those votes
In this third edition, Alpheus Thomas Mason, one of the country’s leading authorities on the Court, updates his survey to include some of the most dramatic events in its history.
Author: Alpheus Thomas Mason
Publisher: LSU Press
During the past half century the Supreme Court has been a storm center of controversy. Since 1920 the Court has shattered precedent after precedent and has leveled a number of social, political, and economic landmarks. This perceptive study of the Court during that period received much critical acclaim when it was published in 1958 and revised ten years later. In this third edition, Alpheus Thomas Mason, one of the country’s leading authorities on the Court, updates his survey to include some of the most dramatic events in its history. In a new preface, Mason sets the tone for his treatment of the Burger Court, saying, “One thing seems certain: never before has the Supreme Court put its constitutional fingers in so many social, cultural, and political pies. The irony is that four of its present members were elected as ‘strict constructionist.’” Mason examines the dicta of various justices against the background of the times and the issues with which they were concerned: the judicial slaughter of legislation in the early thirties and Roosevelt’s retaliatory “courtpacking” attempt in 1937, judicially sanctioned federal interference in economic affairs, the bitterly contested integration decisions in 1954, and the explosive rulings of the 1960s supporting federal intervention in the fields of education, representation, and criminal justice. Mason also covers Earl Warren’s resignation as Chief Justice, the Senate’s refusal to confirm Johnson’s nomination of Abe Fortas for Chief Justice and Fortas’ later resignation under political pressure, the failure of two Nixon nominees—Haynesworth and Carswell—to receive Senate endorsement, the impeachment proceedings initiated against William O. Douglas, Nixon’s avowal to reverse the Warren Court’s protection of civil rights and liberties by appointing a “law and order” Court, and the implications of the Stanford Daily and Bakke cases. Professor Mason’s insight into the peculiar nature of the judicial function brings a deeper understanding of the Court as a creative force in American life.
Release on 1998-09-10 | by the late Bernard Schwartz
Professor Alschuler calls the Burger Court decisions in the criminal justice area "a prolonged and rather bloody campaign of guerrilla warfare" against the ...
Author: the late Bernard Schwartz
Publisher: Oxford University Press
Warren E. Burger served as Chief Justice of the Supreme Court from 1969 to 1987, an often tumultuous period in which the Court wrestled with several compelling constitutional issues. United States v. Nixon set the stage for the resignation of a President; Roe v. Wade created a nationwide debate that is as divisive today as ever before; Lemon v. Kurtzman attempted to enunciate a clear standard for vexing church-state issues; and the "Pentagon Papers" case was a landmark freedom-of-the-press decision. An impressive collection of writings by legal scholars and practitioners, including many by people who worked directly or indirectly with the Court itself, The Burger Court is the first truly systematic review of the Court's activity during Warren Burger's tenure. Such distinguished contributors as Derrick Bell, Robert Drinan, Anthony Lewis, and Mark Tushnet review individual cases and jurisprudential trends in order to render comprehensive judgments of the Court's accomplishments and shortcomings. The essays in this volume were gathered by the late Bernard Schwartz, one of America's most revered scholars of constitutional law and the editor of this book's well-received predecessor, The Warren Court: A Retrospective (OUP, 1996). As the finest overview to date of this Court's legacy and significance, The Burger Court will greatly interest anyone with a taste for constitutional issues or recent American history.
Dalton combines the scholarly literature on public law and judicial impact with recent studies of policy implementation at the state level.
Author: Thomas Carlyle Dalton
Category: Social Science
Dalton combines the scholarly literature on public law and judicial impact with recent studies of policy implementation at the state level. He emphasizes the underlying constitutional, organizational, psychological, and political factors that shape public policy outcomes, arguing that a sound grasp of these factors can lead to an understanding of the gap between theory and practice in democratic politics. He examines the historical development and revision of the U.S. Supreme Court civil liberties rulings from the 1960s to the early 1980s as well as executive and congressional policy to regulate criminal records privacy. He also underscores the importance of the intergovernmental context in which state officials act as both leaders and intermediaries in the implementation of national policies. Dalton then combines these elements of analysis into a general theory of legitimation in order to render the significance of criminal justice policy for the American political system understandable as a whole.
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.
Author: Charles M. Lamb
Publisher: University of Illinois Press
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.
This is a study of the evolution of constitutional doctrine -- particularly when transported from the rarefied air of the Supreme Court to lower court judges who may not share the values of the jurists above them in the judicial hierarchy.
Author: Matthew D. Bunker
Category: Language Arts & Disciplines
USE THIS FIRST PARAGRAPH ONLY FOR GENERAL CATALOGS... The First Amendment right of free speech is a fragile one. Its fragility is found no less in legal opinions than in other, less specialized forms of public discourse. Both its fragility and its sometimes surprising resiliency are reflected in this book. It provides an examination of how the U.S. Supreme Court has dealt with the problem of restrictions on media coverage of the criminal justice system, as well as how lower courts have interpreted the law created by the Supreme Court. The author explores the degree to which the Court has created a coherent body of law that protects free expression values while permitting reasonable government regulation, and examines the Supreme Court's jurisprudence concerning prior restraints, post-publication sanctions on the press, and their right of access to criminal proceedings. This is a study of the evolution of constitutional doctrine -- particularly when transported from the rarefied air of the Supreme Court to lower court judges who may not share the values of the jurists above them in the judicial hierarchy. The book's greatest strength lies in its thorough analysis and critique of how judges apply First Amendment doctrine to the complex problem of providing for both a "free press" and "fair trials." Much of the available literature on this topic focuses on legal doctrine, but with attention to the legal rules that emerge from the courts, rather than examining and critiquing the judicial techniques that produce those rules. Moreover, although a significant body of scholarship has explored Supreme Court doctrine, this work is one of the few that trace the influence of those doctrines through lower federal court decisions. The hope is to produce a reasonably accurate -- if partial -- picture of how intermediate appellate and trial courts use U.S. Supreme Court doctrine to decide First Amendment cases. Note: This book is necessarily influenced by the 'round-the-clock' press coverage of the recent O.J. Simpson trial. Although the Simpson case did not make new law, the trial and its outcome seem to be -- at this writing -- an inescapable part of how many people think about these issues. The simple truth, however, is that the Simpson case was an anomaly that has little relation to the everyday concerns of media coverage of the criminal justice system. While the venerable "parade of horribles" can be an effective strategy for the legal advocate, it is not always the ideal way to address larger concerns, particularly when fundamental rights are at stake.