Sorcerers' Apprentices

100 Years of Law Clerks at the United States Supreme Court

Author: Artemus Ward,David L Weiden

Publisher: NYU Press

ISBN: 0814794203

Category: Law

Page: 352

View: 6156

"Ward and Weiden have produced that rare book that is both a meticulous piece of scholarship and a good read. The authors have . . . sifted through a varied and voluminous amount of archival material, winnowing out the chaff and leaving the excellent wheat for our consumption. They marry this extensive archival research with original survey data, using both to great effect." --Law and Politics Book Review"Helps illuminate the inner workings of an institution that is still largely shrouded in mystery." --The Wall Street Journal Online"The main quibble . . . with contemporary law clerks is that they wield too much influence over their justices' opinion-writing. Artemus and Weiden broaden this concern to the clerks' influence on the thinking of the justices about how to decide cases." --Slate.comProvides excellent insight into the inner workings of the Supreme Court, how it selects cases for review, what pressures are brought to bear on the justices, and how the final opinions are produced. Recommended for all academic libraries. --Library JournalArtemus Ward and David L. Weiden argue that the clerks have more power than they used to have, and probably more power than they should. --Washington PostThe book contains a wealth of historical information. . . . A reader can learn a lot from this pioneering study. --Cleveland Plain DealerMeticulous in scholarship. . . . Sorcerers' Apprentices presents convincing statistical evidence that the aggregate time that law clerks spend on certiorari memos has fallen considerably because of the reduction in the number of memos written by each clerk. --Judge Richard A. Posner in The New RepublicBased on judicial working papers and extensive interviews, the authors have compiled the most complete picture to dat
Posted in Law

In Chambers

Stories of Supreme Court Law Clerks and Their Justices

Author: Todd C. Peppers

Publisher: University of Virginia Press

ISBN: 0813932653

Category: Biography & Autobiography

Page: 445

View: 2974

Written by former law clerks, legal scholars, biographers, historians, and political scientists, the essays in In Chambers tell the fascinating story of clerking at the Supreme Court. In addition to reflecting the personal experiences of the law clerks with their justices, the essays reveal how clerks are chosen, what tasks are assigned to them, and how the institution of clerking has evolved over time, from the first clerks in the late 1800s to the clerks of Justice Ruth Bader Ginsburg and Chief Justice William Rehnquist. In Chambers offers a variety of perspectives on the unique experience of Supreme Court clerks. Former law clerks—including Alan M. Dershowitz, Charles A. Reich, and J. Harvie Wilkinson III—write about their own clerkships, painting vivid and detailed pictures of their relationships with the justices, while other authors write about the various clerkships for a single justice, putting a justice's practice into a broader context. The book also includes essays about the first African American and first woman to hold clerkships. Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.
Posted in Biography & Autobiography

Final Judgment

The Last Law Lords and the Supreme Court

Author: Alan Paterson

Publisher: Bloomsbury Publishing

ISBN: 1782252789

Category: Law

Page: 366

View: 5022

The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before...The remarkable width and depth of his examination...has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court
Posted in Law

Thurgood Marshall

Race, Rights, and the Struggle for a More Perfect Union

Author: Charles L. Zelden

Publisher: Routledge

ISBN: 113617494X

Category: History

Page: 240

View: 4251

Thurgood Marshall was an Associate Justice of the US Supreme Court from 1967 to 1991. He was the first African American to hold that position, and was one of the most influential legal actors of his time. Before being appointed to the Supreme Court by President Lyndon Johnson, Marshall was a lawyer for the National Association for the Advancement of Colored People (NAACP), Federal Judge (1961-1965), and Solicitor General of the United States (1965-1966). Marshall won twenty-nine of thirty-two cases before the Supreme Court – most notably the landmark case of Brown v. Board of Education, which held segregated public schools unconstitutional. Marshall spent his career fighting racial segregation and legal inequality, and his time on the court establishing a record for supporting the "voiceless American." He left a legacy of change that still affects American society today. Through this concise biography, accompanied by primary sources that present Marshall in his own words, students will learn what Marshall did (and did not do) during his life, why those actions were important, and what effects his efforts had on the larger course of American history.
Posted in History

Mighty Judgment

How The Supreme Court Of Canada Runs Your Life

Author: Philip Slayton

Publisher: Penguin Canada

ISBN: 0143180517

Category: Political Science

Page: 368

View: 451

In Mighty Judgment Philip Slayton describes the important issues the Supreme Court decides for individual Canadians and for Canada as a nation, and the surprising and dramatic ways in which these decisions shape our future. In the Morgentaler case (1988), the court struck down laws restricting abortion, leaving Canada the only Western country without any abortion laws. In the Same-Sex Marriage Reference (2004), it decided that gays and lesbians could marry. In the Secession Reference (1998), it laid down the conditions under which Quebec could secede from Canada. In the Patrick case (2009), the court decided that the right of privacy does not stop the police from rifling through our garbage. More recently, the court administered a tongue-lashing to the federal government over its treatment of Canadian youth Omar Khadr, accused by the United States government of fighting with the Taliban. Mighty Judgment makes clear that the Supreme Court of Canada is a political institution, and that judges are politicians. But unlike other politicians, judges cannot be voted out of office. Slayton discusses reforms that will be needed, particularly in the way judges are chosen, once we recognize that the court decides policy and plays a pivotal role in governing Canada.
Posted in Political Science

Historical Dictionary of the U.S. Supreme Court

Author: Artemus Ward,Christopher Brough,Robert Arnold

Publisher: Rowman & Littlefield

ISBN: 0810875217

Category: Political Science

Page: 686

View: 9308

The Historical Dictionary of the U.S. Supreme Court covers its history through a chronology, an introductory essay, appendixes, and an extensive bibliography. The dictionary section has over 700 cross-referenced entries on every justice, major case, issue, and process that comprises the Court’s work.
Posted in Political Science

Federal practice and procedure

Author: Charles Alan Wright,Arthur Raphael Miller,Mary Kay Kane

Publisher: N.A

ISBN: N.A

Category: Civil procedure

Page: N.A

View: 2412

Posted in Civil procedure

Reflections on Judging

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674184645

Category: Law

Page: 393

View: 5252

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.
Posted in Law

Supreme Court Agenda Setting

Strategic Behavior during Case Selection

Author: U. Sommer

Publisher: Springer

ISBN: 1137398647

Category: Political Science

Page: 186

View: 6555

Much research is devoted to the decision-making power and precedent set by the Supreme Court. Less attention, however, is given to the strategic behavior during case selection. This book argues that case selection is done strategically, and by means of various criteria - influencing its constitutional position and importance.
Posted in Political Science

Michigan Law Review

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 2188

Posted in Law

American constitutional interpretation

Author: Walter F. Murphy,James E. Fleming,Sotirios A. Barber

Publisher: Foundation Pr

ISBN: N.A

Category: Law

Page: 1749

View: 8635

This undergaduate text uses original essays, cases and materials to study the very enterprise by which a constitution is interpreted and a constitutional government created. It explores the American polity as both a constitutional and democratic entity. This volume is organized around a set of basic interrogatives: What is the constitution that is to be interpreted? Who are its authoritative interpreters? How do they go about their interpretive tasks?
Posted in Law

The Supreme Court, 9th Edition

Author: Lawrence Baum

Publisher: CQ Press

ISBN: 9781933116853

Category: Political Science

Page: 230

View: 4873

While the Court is always evolving, the changes have been especially sweeping these past few years. Looking closely at the appointments of two new justices and the possible effects of the shift from the Rehnquist Court to the Roberts Court, Baum examines the implications of recent major decisions. Baum explores the Court's rulings on the procedural rights of suspected terrorists as well as the growth in conflict between Congress and the federal courts. --from publisher description
Posted in Political Science

Eine kurze Geschichte der Menschheit

Author: Yuval Noah Harari

Publisher: DVA

ISBN: 364110498X

Category: History

Page: 528

View: 588

Krone der Schöpfung? Vor 100 000 Jahren war der Homo sapiens noch ein unbedeutendes Tier, das unauffällig in einem abgelegenen Winkel des afrikanischen Kontinents lebte. Unsere Vorfahren teilten sich den Planeten mit mindestens fünf weiteren menschlichen Spezies, und die Rolle, die sie im Ökosystem spielten, war nicht größer als die von Gorillas, Libellen oder Quallen. Vor 70 000 Jahren dann vollzog sich ein mysteriöser und rascher Wandel mit dem Homo sapiens, und es war vor allem die Beschaffenheit seines Gehirns, die ihn zum Herren des Planeten und zum Schrecken des Ökosystems werden ließ. Bis heute hat sich diese Vorherrschaft stetig zugespitzt: Der Mensch hat die Fähigkeit zu schöpferischem und zu zerstörerischem Handeln wie kein anderes Lebewesen. Anschaulich, unterhaltsam und stellenweise hochkomisch zeichnet Yuval Harari die Geschichte des Menschen nach und zeigt alle großen, aber auch alle ambivalenten Momente unserer Menschwerdung.
Posted in History

Judges on judging

views from the bench

Author: David M. O'Brien

Publisher: Cq Pr

ISBN: 9780872899513

Category: Law

Page: 372

View: 3561

Posted in Law

Symposium

red state v. blue state : the judicial role in an era of partisanship

Author: University of Missouri--Kansas City. School of Law

Publisher: N.A

ISBN: N.A

Category: Law

Page: 267

View: 2635

Posted in Law

The Supreme Court

an essential history

Author: Peter Charles Hoffer,Williamjames Hoffer,N. E. H. Hull

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 491

View: 7123

A definitive history of the U.S. Supreme Court details the evolution of the legal institution from the early days of the American Republic to the present day, offering profiles of the justices, the Court's years under each Chief Justice, its influence on American life, and the issues, cases, and decisions they handled from the perspective of the time in which they came before the Court.
Posted in Law

Library Journal

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Libraries

Page: N.A

View: 8349

Includes, beginning Sept. 15, 1954 (and on the 15th of each month, Sept.-May) a special section: School library journal, ISSN 0000-0035, (called Junior libraries, 1954-May 1961). Also issued separately.
Posted in Libraries

Choice

Publication of the Association of College and Research Libraries, a Division of the American Library Association

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Best books

Page: N.A

View: 5115

Posted in Best books