The Supreme Court
The Supreme Court

Author: Peter Charles Hoffer

Publisher: University Press of Kansas

Published: 2018-08-28

Total Pages: 520

ISBN-13: 0700626824

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For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court. The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded—or failed to respond—to the plight of the underdog. Each chapter covers the Court’s years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how—in times of war, class strife, or moral revolution—the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court’s opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them. Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court’s role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.

A History of the Supreme Court
A History of the Supreme Court

Author: the late Bernard Schwartz

Publisher: Oxford University Press

Published: 1995-02-23

Total Pages: 477

ISBN-13: 0199840555

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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.

The Hughes Court
The Hughes Court

Author: Michael E. Parrish

Publisher: Bloomsbury Publishing USA

Published: 2002-07-11

Total Pages: 358

ISBN-13: 1576077373

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An in-depth analysis of the workings and legacy of the Supreme Court led by Charles Evans Hughes. Charles Evans Hughes, a man who, it was said, "looks like God and talks like God," became chief justice in 1930, a year when more than 1,000 banks closed their doors. Today the Hughes Court is often remembered as a conservative bulwark against Franklin Roosevelt's New Deal. But that view, according to author Michael Parrish, is not accurate. In an era when Nazi Germany passed the Nuremberg Laws and extinguished freedom in much of Western Europe, the Hughes Court put the stamp of constitutional approval on New Deal entitlements, required state and local governments to bring their laws into conformity with the federal Bill of Rights, and took the first steps toward developing a more uniform code of criminal justice.

The Oxford International Encyclopedia of Legal History
The Oxford International Encyclopedia of Legal History

Author: Stanley Nider Katz

Publisher:

Published: 2009

Total Pages: 0

ISBN-13: 9780195134056

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The Oxford International Encyclopedia of Legal History is a comprehensive, international, interdisciplinary reference work that includes approximately 1,000 articles on all aspects of legal history throughout the world from ancient to modern times. Articles deal with private law, public law, and constitutional/higher law throughout the world and are written and signed by one of the many noteworthy contributors, which include major scholars and experts. For years, scholars have been investigating the remote origins of their respective national and religious law. Only recently has there been a developing interest in and study of the history of law in modern times. This encyclopedia will bring together the study of ancient law with the study of modern law-examining statutes and administrative rulings as well as judicial decisions, legislatures, agencies, and courts. The Encyclopedia will cover ancient, medieval, early modern, and modern law in eight legal traditions and geographical/cultural areas: Ancient Greek Law, Ancient Roman Law, Chinese Law, English Common Law, Islamic Law, Medieval Roman Law, United States Law, and law in other regions (Africa, Latin America, and South Asia among them). It will address major categories of law within these traditions, including private law (contract, tort, civil procedure), varieties of public law (criminal law, administrative law, statutory law), and higher law/ constitutional law. It will be the first encyclopedia of law to provide historical and contemporary comparisons of world legal systems. - Publisher.

The American Supreme Court
The American Supreme Court

Author: Robert G. McCloskey

Publisher: University of Chicago Press

Published: 2010-07-15

Total Pages: 754

ISBN-13: 0226556832

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Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.

Enforcing the Equal Protection Clause
Enforcing the Equal Protection Clause

Author: William D. Araiza

Publisher: NYU Press

Published: 2016-01-01

Total Pages: 320

ISBN-13: 1479848999

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For over a century, Congress’s power to enforce the Fourteenth Amendment’s guarantee of “the equal protection of the laws” has presented judges and scholars with a puzzle. What does it mean for Congress to “enforce” such a wide-ranging, open-ended provision when the Supreme Court has insisted on its own superiority in interpreting the Fourteenth Amendment? In Enforcing the Equal Protection Clause, William D. Araiza offers a unique understanding of Congress’s enforcement power and its relationship to the Court’s claim to supremacy when interpreting the Constitution. Drawing on the history of American thinking about equality in the decades before and after the Civil War, Araiza argues that congressional enforcement and judicial supremacy can co-exist, but only if the Court limits its role to ensuring that enforcement legislation reasonably promotes the core meaning of the Equal Protection Clause. Much of the Court’s equal protection jurisprudence stops short of stating such core meaning, thus leaving Congress free (subject to appropriate judicial checks) to enforce the full scope of the constitutional guarantee. Araiza’s thesis reconciles the Supreme Court’s ultimate role in interpreting the Constitution with Congress’s superior capacity to transform the Fourteenth Amendment’s majestic principles into living reality. The Fourteenth Amendment’s Enforcement Clause raises difficult issues of separation of powers, federalism, and constitutional rights. Araiza illuminates each of these in this scholarly, timely work that is both intellectually rigorous but also accessible to non-specialist readers.

Illustrated Great Decisions of the Supreme Court
Illustrated Great Decisions of the Supreme Court

Author: Tony Mauro

Publisher: CQ Press

Published: 2005-12-07

Total Pages: 432

ISBN-13: 1452267332

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Acclaimed by researchers, students, and general readers, this informative, lively, and easy-to-use volume fills the public need for information about key recent and historical cases before the U.S. Supreme Court. Now significantly updated, this new edition includes all the new major cases-over twenty five in total-handed down by the Court since the first edition was published in 2000. The new entries include many high-profile cases that have stirred public controversy, including: Boy Scouts of America v. Dale (2000), granting the right to exclude homosexuals from leadership positions in the Boy Scouts; Bush v. Gore (2000), ceasing ballot recounts in the 2000 presidential election; PGA Tour v. Martin (2001), obliging the PGA to accommodate a disabled golfer; Lawrence v. Texas (2003), stating that a law criminalizing same-sex sodomy violates due process; Gratz/Grutter v. Bollinger (2003), stating that an affirmative action program to achieve diversity in universities may or may not violate the equal protection clause, depending on how it′s implemented. In each of the over 100 cases summarized, author Tony Mauro succinctly describes the decision, provides background and facts of the case, the vote and highlights of the decision with verbatim excerpts, and, in conclusion, discusses the long-term impact of the decision on United States citizens and U.S. society. Topic search aids let readers easily trace the evolution and impact of rulings in particular issue areas. Added features also enhance the volume, including many new portraits, political cartoons, and drawings, a comprehensive bibliography and an easy-to-access case/subject index. A perfect starting point for research on Supreme Court decisions, this newly updated volume is an essential addition to every public, high school, and college library.

Shaping US Military Law
Shaping US Military Law

Author: Joshua E. Kastenberg

Publisher: Routledge

Published: 2016-04-01

Total Pages: 268

ISBN-13: 1317055780

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Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.

We Must Not Be Afraid to Be Free
We Must Not Be Afraid to Be Free

Author: Ronald K.L. Collins

Publisher: Oxford University Press

Published: 2011-02-25

Total Pages: 448

ISBN-13: 0195175727

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In a stinging dissent to a 1961 Supreme Court decision that allowed the Illinois state bar to deny admission to prospective lawyers if they refused to answer political questions, Justice Hugo Black closed with the memorable line, "We must not be afraid to be free." Black saw the First Amendment as the foundation of American freedom - the guarantor of all other Constitutional rights. Yet since free speech is by nature unruly, people fear it. Consequently, the impulse to curb or limit it has been a constant danger throughout American history. In We Must Not Be Afraid to Be Free, two of America's leading free speech scholar-activists, Ron Collins and Sam Chaltain, provide an authoritative history of free speech in modern America. Each chapter is an engaging narrative account of a landmark First Amendment case that foregrounds the colorful people involved-judges, plaintiffs, attorneys, defendants-and the issue at stake. Cumulatively, the chapters provide a definitive account of how the First Amendment evolved over the course of a century. Tracing the development of free speech rights from a more restrictive era-the early twentieth century-through the Warren Court revolution of the 1960s and up to the current post 9/11 era of heightened security concerns, Collins and Chaltain not only cover the history of an ideal, but explain in accessible language how the law surrounding the ideal transformed. Essential for anyone interested in this most essential of rights, We Must Not Be Afraid to Be Free will be a standard work on free speech for years to come.

The Safety of the Kingdom
The Safety of the Kingdom

Author: J. Michael Martinez

Publisher: Simon and Schuster

Published: 2015-08-25

Total Pages: 385

ISBN-13: 1631440330

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The horrendous events of September 11, 2001, heightened awareness of terrorism unlike all but a handful of major catastrophes in American history. Like the Japanese attack on Pearl Harbor on December 7, 1941, and President Kennedy’s assassination on November 22, 1963, 9/11 is a date forever enshrined in our national memory. But 9/11 once again raised the question: What should government do to eliminate or reduce the likelihood of a future attack? How should national leadership balance its responsibility to protect the civil liberties of U.S. citizens with its sworn duty to protect their lives? In The Safety of the Kingdom, J. Michael Martinez takes up the question of how the United States government has responded to terrorist attacks and, in the absence of an attack, the fear of foreign and subversive elements that may harm the nation. In some cases, the government “overreaction” led to a series of abuses that amplified the severity of the original threat. Rather than selecting every instance of government reaction to threats, Martinez examines representative cases, from the alien and sedition acts in the eighteenth century to the post-9/11 “war on terror.” Edward Snowden’s disclosure of classified information related to the NSA’s surveillance program brought to the fore an important debate about government scrutiny of its citizens. As J. Michael Martinez makes clear in this book, it is a debate that has been ongoing for centuries. Skyhorse Publishing, as well as our Arcade imprint, are proud to publish a broad range of books for readers interested in history--books about World War II, the Third Reich, Hitler and his henchmen, the JFK assassination, conspiracies, the American Civil War, the American Revolution, gladiators, Vikings, ancient Rome, medieval times, the old West, and much more. While not every title we publish becomes a New York Times bestseller or a national bestseller, we are committed to books on subjects that are sometimes overlooked and to authors whose work might not otherwise find a home.