The Credentialed Court

The Credentialed Court

Author: Benjamin H. Barton

Publisher: Encounter Books

Published: 2022-03-08

Total Pages: 305

ISBN-13: 1641772050

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The Credentialed Court starts by establishing just how different today’s Justices are from their predecessors. The book combines two massive empirical studies of every Justice’s background from John Jay to Amy Coney Barrett with short, readable bios of past greats to demonstrate that today’s Justices arrive on the Court with much narrower experiences than they once did. Today’s Justices have spent more time in elite academic settings (both as students and faculty) than any previous Court. Every current Justice but Barrett attended either Harvard or Yale Law School, and four of the Justices were tenured professors at prestigious law schools. They also spent more time as Federal Appellate Court Judges than any previous Court. These two jobs (tenured law professor and appellate judge) share two critical components: both jobs are basically lifetime appointments that involve little or no contact with the public at large. The modern Supreme Court Justices have spent their lives in cloistered and elite settings, the polar opposite of past Justices. The current Supreme Court is packed with a very specific type of person: type-A overachievers who have triumphed in a long tournament measuring academic and technical legal excellence. This Court desperately lacks individuals who reflect a different type of “merit.” The book examines the exceptional and varied lives of past greats from John Marshall to Thurgood Marshall and asks how many, if any, of these giants would be nominated today. The book argues against our current bookish and narrow version of meritocracy. Healthier societies offer multiple different routes to success and onto bodies like our Supreme Court.


Ivy League Justice

Ivy League Justice

Author: Benjamin H. Barton

Publisher:

Published: 2022-01-03

Total Pages: 360

ISBN-13: 9781641772044

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"Our Cloistered, Elite Supreme Court starts by establishing just how different today's Justices are from their predecessors. The book combines two massive empirical studies of every Justices' background from John Jay to Amy Coney Barrett with short, readable bios of past greats to demonstrate that today's Justices arrive on the Court with much narrower experiences than they once did. The modern Supreme Court specializes in cloistered and elite lives. Today's Justices have spent more time in elite academic settings (both as students and faculty) than any previous Courts. Every Justice but Barrett attended either Harvard or Yale Law School, and four of the Justices were tenured professors at prestigious law schools. They also spent more time as Federal Appellate Court Judges than any previous Courts. These two jobs (tenured law professor and appellate judge) share two critical components: both jobs are basically lifetime appointments that involve little or no contact with the public at large. The current Supreme Court is packed with a very specific type of person: type-A overachievers who have triumphed in a long tournament measuring academic and technical legal excellence. This Court desperately lacks individuals who reflect a different type of "merit." The book examines the exceptional and varied lives of past greats from John Marshall to Thurgood Marshall and asks how many, if any, of these giants would be nominated today. The book argues against our current bookish and narrow meritocracy. Healthier societies offer multiple different routes to success and onto bodies like our Supreme Court"--


Nixon's Court

Nixon's Court

Author: Kevin J. McMahon

Publisher: University of Chicago Press

Published: 2011-09-19

Total Pages: 358

ISBN-13: 0226561216

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Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.


The Great Dissenter

The Great Dissenter

Author: Peter S. Canellos

Publisher: Simon and Schuster

Published: 2022-06-28

Total Pages: 624

ISBN-13: 1501188216

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The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --


Fixing Law Schools

Fixing Law Schools

Author: Benjamin H. Barton

Publisher: NYU Press

Published: 2019-12-17

Total Pages: 294

ISBN-13: 1479866555

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An urgent plea for much needed reforms to legal education The period from 2008 to 2018 was a lost decade for American law schools. Employment results were terrible. Applications and enrollment cratered. Revenue dropped precipitously and several law schools closed. Almost all law schools shrank in terms of students, faculty, and staff. A handful of schools even closed. Despite these dismal results, law school tuition outran inflation and student indebtedness exploded, creating a truly toxic brew of higher costs for worse results. The election of Donald Trump in 2016 and the subsequent role of hero-lawyers in the “resistance” has made law school relevant again and applications have increased. However, despite the strong early returns, we still have no idea whether law schools are out of the woods or not. If the Trump Bump is temporary or does not result in steady enrollment increases, more schools will close. But if it does last, we face another danger. We tend to hope that crises bring about a process of creative destruction, where a downturn causes some businesses to fail and other businesses to adapt. And some of the reforms needed at law schools are obvious: tuition fees need to come down, teaching practices need to change, there should be greater regulations on law schools that fail to deliver on employment and bar passage. Ironically, the opposite has happened for law schools: they suffered a harrowing, near-death experience and the survivors look like they’re going to exhale gratefully and then go back to doing exactly what led them into the crisis in the first place. The urgency of this book is to convince law school stakeholders (faculty, students, applicants, graduates, and regulators) not to just return to business as usual if the Trump Bump proves to be permanent. We have come too far, through too much, to just shrug our shoulders and move on.


Rebooting Justice

Rebooting Justice

Author: Benjamin H. Barton

Publisher: Encounter Books

Published: 2017-08-01

Total Pages: 198

ISBN-13: 1594039348

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America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.


The Juvenile Court and the Progressives

The Juvenile Court and the Progressives

Author: Victoria Getis

Publisher: University of Illinois Press

Published: 2000

Total Pages: 338

ISBN-13: 9780252025723

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Today's troubled juvenile court system has its roots in Progressive-era Chicago, a city one observer described as "first in violence" and "deepest in dirt." Examining the vision and methods of the original proponents of the Cook County Juvenile Court, Victoria Getis uncovers the court's intrinsic flaws as well as the sources of its debilitation in our own time. Spearheaded by a group of Chicago women, including Jane Addams, Lucy Flower, and Julia Lathrop, the juvenile court bill was pushed through the legislature by an eclectic coalition of progressive reformers, both women and men. Like many progressive institutions, the court reflected an unswerving faith in the wisdom of the state and in the ability of science to resolve the problems brought on by industrial capitalism. A hybrid institution combining legal and social welfare functions, the court was not intended to punish youthful lawbreakers but rather to provide guardianship for the vulnerable. In this role, the state was permitted great latitude to intervene in families where it detected a lack of adequate care for children. The court also became a living laboratory, as children in the court became the subjects of research by criminologists, statisticians, educators, state officials, economists, and, above all, practitioners of the new disciplines of sociology and psychology. The Chicago reformers had worked for large-scale social change, but the means they adopted eventually gave rise to the social sciences, where objectivity was prized above concrete solutions to social problems, and to professional groups that abandoned goals of structural reform. The Juvenile Court and the Progressives argues persuasively that the current impotence of the juvenile court system stems from contradictions that lie at the very heart of progressivism.


Glass Half Full

Glass Half Full

Author: Benjamin H. Barton

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 315

ISBN-13: 0190205563

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A counterintuitive and optimistic reconsideration of the crisis in the American legal profession


Baseball on Trial

Baseball on Trial

Author: Nathaniel Grow

Publisher: University of Illinois Press

Published: 2014-02-15

Total Pages: 297

ISBN-13: 0252095995

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The controversial 1922 Federal Baseball Supreme Court ruling held that the "business of base ball" was not subject to the Sherman Antitrust Act because it did not constitute interstate commerce. In Baseball on Trial, legal scholar Nathaniel Grow defies conventional wisdom to explain why the unanimous Supreme Court opinion authored by Justice Oliver Wendell Holmes, which gave rise to Major League Baseball's exemption from antitrust law, was correct given the circumstances of the time. Currently a billion dollar enterprise, professional baseball teams crisscross the country while the games are broadcast via radio, television, and internet coast to coast. The sheer scope of this activity would seem to embody the phrase "interstate commerce." Yet baseball is the only professional sport--indeed the sole industry--in the United States that currently benefits from a judicially constructed antitrust immunity. How could this be? Drawing upon recently released documents from the National Baseball Hall of Fame, Grow analyzes how the Supreme Court reached this seemingly peculiar result by tracing the Federal Baseball litigation from its roots in 1914 to its resolution in 1922, in the process uncovering significant new details about the proceedings. Grow observes that while interstate commerce was measured at the time by the exchange of tangible goods, baseball teams in the 1910s merely provided live entertainment to their fans, while radio was a fledgling technology that had little impact on the sport. The book ultimately concludes that, despite the frequent criticism of the opinion, the Supreme Court's decision was consistent with the conditions and legal climate of the early twentieth century.


Point Made

Point Made

Author: Ross Guberman

Publisher: Oxford University Press

Published: 2014-04

Total Pages: 426

ISBN-13: 0199943850

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In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.