A Justice for All

A Justice for All

Author: Kim Isaac Eisler

Publisher:

Published: 1993

Total Pages: 320

ISBN-13:

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"Justice William J. Brennan, Jr., was both a radical egalitarian and a prime mover on the United States Supreme Court. From 1956 to 1990 - through the Warren, Burger, and Rehnquist eras - he effected both judicial and social change via decisions on racial desegregation, pornography, the application of the Bill of Rights to the states, privacy, and abortion. Brennan's stamp is on nearly every contemporary American social issue. A Justice for All, the first biography of Justice Brennan, gathers his considerable achievements in the context of his times and his life." "Brennan had been the original "stealth" nominee to the United States Supreme Court. Having served eight years as a state court judge in New Jersey, Brennan was a total unknown on the national stage when President Eisenhower limited his search for a new justice to a Northeastern Catholic currently serving on a state court. In a rancorous confirmation hearing that foreshadowed events of the eighties and nineties, Brennan tangled with Senator Joseph McCarthy. Taking his place on a Supreme Court bench surrounded by such towering figures as Earl Warren, Felix Frankfurter, Hugo Black, William Douglas, and John Harlan, Brennan observed, "I felt a little like the mule at the Kentucky Derby."" "But in a career that would span one-third of a century, Brennan proved to be one of the most visionary and influential justices in the history of the Supreme Court. Not content merely to interpret the Constitution, Brennan rewrote American law in the fields of obscenity, criminal rights, affirmative action, and privacy." "This account of the life of an extremely private and little-understood man brings the reader face to face with the clash of intellectual forces that created the landmark rulings of the Warren court. In the midst of these colliding giants was an unpresuming lawyer from Newark who took Warren's broad concepts and wrote them into law; who convinced a firebrand like William O. Douglas, that, at times, it paid to compromise; and who willingly braved personal and professional confrontations with his former Harvard University law professor, Felix Frankfurter." "In his three years of research, author Kim Isaac Eisler utilized the private papers of Justices Brennan, Douglas, Harlan, Warren, and Black, among others; interviewed dozens of former Brennan clerks; and found childhood friends and onetime law partners to reveal what lit the fire inside this history-making judicial activist." "A Justice for All is the remarkable tale of a man who operated within the marble walls of the Supreme Court with the consummate skills of a dealmaker, creating majorities, writing laws, and all the while steering clear of political fire. In so doing, he succeeded in changing American law and society."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved


The Jurisprudence of Justice William J. Brennan, Jr

The Jurisprudence of Justice William J. Brennan, Jr

Author: David E. Marion

Publisher: Rowman & Littlefield

Published: 1997

Total Pages: 198

ISBN-13: 9780847685677

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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.


The Progeny

The Progeny

Author: Lee Levine

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9781627224499

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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.


Brennan and Democracy

Brennan and Democracy

Author: Frank I. Michelman

Publisher: Princeton University Press

Published: 2005-01-17

Total Pages: 161

ISBN-13: 1400823366

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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.


Reason and Passion

Reason and Passion

Author: Brennan Center for Justice

Publisher: W. W. Norton & Company

Published: 1997

Total Pages: 348

ISBN-13: 9780393041101

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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.


The People’s Constitution

The People’s Constitution

Author: John F. Kowal

Publisher: The New Press

Published: 2021-09-21

Total Pages: 493

ISBN-13: 1620975629

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The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.


In Defense of Openness

In Defense of Openness

Author: Bas van der Vossen

Publisher: Oxford University Press

Published: 2018-08-01

Total Pages: 309

ISBN-13: 0190876115

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The topic of global justice has long been a central concern within political philosophy and political theory, and there is no doubt that it will remain significant given the persistence of poverty on a massive scale and soaring global inequality. Yet, virtually every analysis in the vast literature of the subject seems ignorant of what developmental economists, both left and right, have to say about the issue. In Defense of Openness illuminates the problem by stressing that that there is overwhelming evidence that economic rights and freedom are necessary for development, and that global redistribution tends to hurt more than it helps. Bas van der Vossen and Jason Brennan instead ask what a theory of global justice would look like if it were informed by the facts that mainstream development and institutional economics have brought to light. They conceptualize global justice as global freedom and insist we can help the poor-and help ourselves at the same time-by implementing open borders, free trade, the strong protection of individual freedom, and economic rights and property for all around the world. In short, they work from empirical, consequentialist grounds to advocate for the market society as a model for global justice. A spirited challenge to mainstream political theory from two leading political philosophers, In Defense of Openness offers a new approach to global justice: We don't need to "save" the poor. The poor will save themselves, if we would only get out of their way and let them.


Inside Private Prisons

Inside Private Prisons

Author: Lauren-Brooke Eisen

Publisher: Columbia University Press

Published: 2017-11-07

Total Pages: 476

ISBN-13: 0231542313

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When the tough-on-crime politics of the 1980s overcrowded state prisons, private companies saw potential profit in building and operating correctional facilities. Today more than a hundred thousand of the 1.5 million incarcerated Americans are held in private prisons in twenty-nine states and federal corrections. Private prisons are criticized for making money off mass incarceration—to the tune of $5 billion in annual revenue. Based on Lauren-Brooke Eisen’s work as a prosecutor, journalist, and attorney at policy think tanks, Inside Private Prisons blends investigative reportage and quantitative and historical research to analyze privatized corrections in America. From divestment campaigns to boardrooms to private immigration-detention centers across the Southwest, Eisen examines private prisons through the eyes of inmates, their families, correctional staff, policymakers, activists, Immigration and Customs Enforcement employees, undocumented immigrants, and the executives of America’s largest private prison corporations. Private prisons have become ground zero in the anti-mass-incarceration movement. Universities have divested from these companies, political candidates hesitate to accept their campaign donations, and the Department of Justice tried to phase out its contracts with them. On the other side, impoverished rural towns often try to lure the for-profit prison industry to build facilities and create new jobs. Neither an endorsement or a demonization, Inside Private Prisons details the complicated and perverse incentives rooted in the industry, from mandatory bed occupancy to vested interests in mass incarceration. If private prisons are here to stay, how can we fix them? This book is a blueprint for policymakers to reform practices and for concerned citizens to understand our changing carceral landscape.


Brennan Vs. Rehnquist

Brennan Vs. Rehnquist

Author: Peter H. Irons

Publisher: Alfred A. Knopf

Published: 1994

Total Pages: 408

ISBN-13:

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We see these two men serving together for two momentous decades, the leaders of the Court's liberal and conservative factions. We come to know them, their characters, their personalities, their beliefs.


Solutions

Solutions

Author: Joe Biden

Publisher:

Published: 2015-04-27

Total Pages:

ISBN-13: 9780692459218

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Mass incarceration. In recent years it's become clear that the size of America's prison population is unsustainable -- and isn't needed to protect public safety. In this remarkable bipartisan collaboration, the country's most prominent public figures and experts join together to propose ideas for change. In these original essays, many authors speak out for the first time on the issue. The vast majority agree that reducing our incarcerated population is a priority. Marking a clear political shift on crime and punishment in America, these sentiments are a far cry from politicians racing to be the most punitive in the 1980s and 1990s. Mass incarceration threatens American democracy. Hiding in plain sight, it drives economic inequality, racial injustice, and poverty. How do we achieve change? From using federal funding to bolster police best practices to allowing for the release of low-level offenders while they wait for trial, from eliminating prison for low-level drug crimes to increasing drug and mental health treatment, the ideas in this book pave a way forward. Solutions promises to further the intellectual and political momentum to reform our justice system.