Book picks similar to
Judicial Activism: Bulwark of Freedom or Precarious Security? by Christopher Wolfe
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The Most Dangerous Branch: Inside the Supreme Court's Assault on the Constitution
David A. Kaplan - 2018
David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government--and how we've come to accept it at our peril. It is the nine justices who too often now decide the controversial issues of our time--from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch--the key decision of his new administration. Brett Kavanaugh--replacing Kennedy--will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work?
The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind
Justin Driver - 2018
Garland, Justice Stephen Breyer, and Justice Sandra Day O'Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu-dents, which have so often been undermined by the Supreme Court in recent decades.Judicial decisions assessing the constitutional rights of students in the nation's public schools have consistently generated bitter controversy. From racial segregation to un-authorized immigration, from antiwar protests to compul-sory flag salutes, from economic inequality to teacher-led prayer--these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation.Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students' constitutional rights and risked trans-forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court's decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce-dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view-point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian "zero tolerance" disciplinary policies, and severe restrictions on off-campus speech.Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students' rights threatens our basic constitutional order. This magiste-rial book will make it impossible to view American schools--or America itself--in the same way again.
My Grandfather's Son
Clarence Thomas - 2007
In this candid and deeply moving memoir, a quintessential American tale of hardship and grit, Clarence Thomas recounts his astonishing journey for the first time.
A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution
Peter Irons - 1999
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.
Black's Law: A Criminal Lawyer Reveals His Defense Strategies in Four Cliffhanger Cases
Roy Black - 1999
This book takes us behind the scenes of four difficult and dangerous cases to reveal the legal strategies, no-holds-barred tactics, and courtroom psychology Roy Black used to make sure his clients received every protection promised by the law. Black demonstrates in riveting detail how a defense attorney must investigate criminal cases by sifting through evidence and preparing for trial. (It's like preparing for war.) He shows us how the principles of law, cross-examination, and evidence -- as well as careful jury selection and skillful use of expert witnesses -- can level the playing field to counter the enormous resources that state and federal prosecutors have at their disposal. Black's Law makes resoundingly clear the crucial role that criminal defense lawyers play in safeguarding the basic right to a fair trial for all.
Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck
Adam Cohen - 2016
Bell ruling made government sterilization of "undesirable" citizens the law of the land. New York Times bestselling author Adam Cohen tells the story in Imbeciles of one of the darkest moments in the American legal tradition: the Supreme Court's decision to champion eugenic sterilization for the greater good of the country. In 1927, when the nation was caught up in eugenic fervor, the justices allowed Virginia to sterilize Carrie Buck, a perfectly normal young woman, for being an "imbecile." It is a story with many villains, from the superintendent of the Dickensian Virginia Colony for Epileptics and Feebleminded who chose Carrie for sterilization to the former Missouri agriculture professor and Nazi sympathizer who was the nation's leading advocate for eugenic sterilization. But the most troubling actors of all were the eight Supreme Court justices who were in the majority--including William Howard Taft, the former president; Louis Brandeis, the legendary progressive; and Oliver Wendell Holmes, Jr., America's most esteemed justice, who wrote the decision urging the nation to embark on a program of mass eugenic sterilization
The Brethren: Inside the Supreme Court
Bob Woodward - 1979
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.
Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World
Linda R. Hirshman - 2015
Strengthened by each other’s presence, these groundbreaking judges, the first and second to serve on the highest court in the land, have transformed the Constitution and America itself, making it a more equal place for all women.Linda Hirshman’s dual biography includes revealing stories of how these trailblazers fought for their own recognition in a male-dominated profession—battles that would ultimately benefit every American woman. She also makes clear how these two justices have shaped the legal framework of modern feminism, including employment discrimination, abortion, affirmative action, sexual harassment, and many other issues crucial to women’s lives.Sisters-in-Law combines legal detail with warm personal anecdotes that bring these very different women into focus as never before. Meticulously researched and compellingly told, it is an authoritative account of our changing law and culture, and a moving story of a remarkable friendship.
Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices
Noah Feldman - 2010
A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. SCORPIONS tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.
Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court
Edward Lazarus - 1998
In this eloquent, trailblazing account, with a new chapter covering Bush v. Gore, Guantanamo, and other recent controversial court decisions, Edward Lazarus, who served as a clerk to Justice Harry Blackmun, presents a searing indictment of a court at war with itself and often in neglect of its constitutional duties. Combining memoir, history, and legal analysis, Lazarus reveals in astonishing detail the realities of what takes place behind the closed doors of the U.S. Supreme Court--an institution that through its rulings holds the power to affect the life of every American.
The Making of a Justice: Reflections on My First 94 Years
John Paul Stevens - 2019
During his thirty-four-year tenure, Justice Stevens was a prolific writer, authoring more than 1000 opinions. In The Making of a Justice, he recounts his extraordinary life, offering an intimate and illuminating account of his service on the nation's highest court.Appointed by President Gerald Ford and eventually retiring during President Obama's first term, Justice Stevens has been witness to, and an integral part of, landmark changes in American society during some of the most important Supreme Court decisions over the last four decades. With stories of growing up in Chicago, his work as a naval traffic analyst at Pearl Harbor during World War II, and his early days in private practice, The Making of a Justice is a warm and fascinating account of Justice Stevens's unique and transformative American life.
Introducing the LSAT: The Fox Test Prep Quick & Dirty LSAT Primer
Nathan Fox - 2012
This might not be the only LSAT book you read, but it should definitely be the first. In his down-to-earth, often irreverent style, Nathan demystifies the confusing world of logic games, logical reasoning, and reading comprehension. In no time, you'll start to see through the BS and dominate the test. The approaches are easy to digest, and will stick with you when you finally sit down for the big day. No nonsense. No made-up, trademarked buzzwords. No confusing jargon. And best of all, no pulled punches. Plus, you’ll also find out how you can contact Nathan directly with your questions. So grab a pencil and crack this book. Let's get it on.
Reason: Why Liberals Will Win the Battle for America
Robert B. Reich - 2004
For in the pages of Reason, one of our most incisive public thinkers, and a former secretary of labor mounts a defense of classical liberalism that’s also a guide for rolling back twenty years of radical conservative domination of our politics and political culture.To do so, Robert B. Reich shows how liberals can:.Shift the focus of the values debate from behavior in the bedroom to malfeasance in the boardroom .Remind Americans that real prosperity depends on fairness .Reclaim patriotism from those who equate it with pre-emptive war-making and the suppression of dissent If a single book has the potential to restore our country’s good name and common sense, it’s this one.
Gideon's Trumpet
Anthony Lewis - 1964
To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."
Making Our Democracy Work: A Judge's View
Stephen G. Breyer - 2010
Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book.Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution.Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them.Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles.Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.