The Warren Court and the Pursuit of Justice

The Warren Court and the Pursuit of Justice
Author: Morton J. Horwitz
Publisher: Macmillan
Total Pages: 148
Release: 1999-04-30
Genre: Biography & Autobiography
ISBN: 9780809016259

A study of the Supreme Court under the leadership of Chief Justice Earl Warren, from 1953 to 1969, discussing the impact of the liberal court's civil rights and civil liberties decisions on American constitutional law.

The United States Supreme Court

The United States Supreme Court
Author: Christopher L. Tomlins
Publisher: Houghton Mifflin Harcourt
Total Pages: 628
Release: 2005
Genre: History
ISBN: 9780618329694

With its ability to review and interpret all American law, the U. S. Supreme Court is arguably the most influential branch of government but also the one most carefully shielded from the public gaze.

The Burger Court and the Rise of the Judicial Right

The Burger Court and the Rise of the Judicial Right
Author: Michael J. Graetz
Publisher: Simon and Schuster
Total Pages: 480
Release: 2017-06-06
Genre: History
ISBN: 1476732515

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.

Justice Deferred

Justice Deferred
Author: Orville Vernon Burton
Publisher: Harvard University Press
Total Pages: 465
Release: 2021-05-04
Genre: Law
ISBN: 0674975642

In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.

A History of the Supreme Court

A History of the Supreme Court
Author: the late Bernard Schwartz
Publisher: Oxford University Press
Total Pages: 477
Release: 1995-02-23
Genre: Law
ISBN: 0199840555

When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.

A Court Divided

A Court Divided
Author: Mark V. Tushnet
Publisher: W. W. Norton & Company
Total Pages: 392
Release: 2005
Genre: Constitutional law
ISBN: 9780393058680

In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

In Pursuit of Justice

In Pursuit of Justice
Author: Richard B. Zabel
Publisher:
Total Pages: 190
Release: 2008
Genre: Law
ISBN:

In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.

Justice for All

Justice for All
Author: Jim Newton
Publisher: Penguin
Total Pages: 644
Release: 2007-10-02
Genre: Biography & Autobiography
ISBN: 9781594482700

One of the most acclaimed and best political biographies of its time, Justice for All is a monumental work dedicated to a complicated and principled figure that will become a seminal work of twentieth-century U.S. history. In Justice for All, Jim Newton, an award-winning journalist for the Los Angeles Times, brings readers the first truly comprehensive consideration of Earl Warren, the politician-turned-Chief Justice who refashioned the place of the court in American life through landmark Supreme Court cases whose names have entered the common parlance -- Brown v. Board of Education, Griswold v. Connecticut, Miranda v. Arizona, to name just a few. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton explores a fascinating angle of U.S. Supreme Court history while illuminating both the public and the private Warren.

American Legal History: A Very Short Introduction

American Legal History: A Very Short Introduction
Author: G. Edward White
Publisher: Oxford University Press
Total Pages: 168
Release: 2014
Genre: Law
ISBN: 0199766002

A concise examination of the central role of legal decisions in shaping key social issues explores topics ranging from Native American affairs and slavery to business and home life as well as how criminal and civil offenses have been addressed in positive and negative ways. Original.

A People's History of the Supreme Court

A People's History of the Supreme Court
Author: Peter Irons
Publisher: Penguin
Total Pages: 609
Release: 2006-07-25
Genre: Political Science
ISBN: 1101503130

A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court featuring a forward by Howard Zinn Recent changes in the Supreme Court have placed the venerable institution at the forefront of current affairs, making this comprehensive and engaging work as timely as ever. In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn. "A sophisticated narrative history of the Supreme Court . . . [Irons] breathes abundant life into old documents and reminds readers that today's fiercest arguments about rights are the continuation of the endless American conversation." -Publisher's Weekly (starred review)