The Supreme Court in Conference (1940-1985)

The Private Discussions Behind Nearly 300 Supreme Court Decisions
Author: Del Dickson
Publisher: Oxford University Press on Demand
ISBN: 0195126327
Category: History
Page: 1006
View: 9787

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The Supreme Court in Conference offers a fascinating and unprecedented look at the private debates between Justices on nearly 300 landmark cases from 1940-1985. Major decisions such as Roe v. Wade and Brown v. Board of Education are covered and the notes of Justices Felix Frankfurter, William O. Douglas, Frank Murphy, Robert Jackson, Harold Burton, Tom Clark, Earl Warren and William Brennan are opened to shed light on what goes on behind the closed doors of the secretive conference room.In this unique and revealing work on some of the most profound rulings made at a turbulent time in American history, the reader is given insight into how and why certain decisions were reached. With expert editing by Del Dickson--who provides annotations and an introduction to each case, placing them in legal and historical context--cases on issues such as free speech, the rights of the accused, religion, Presidential power, equal protection, affirmative action and the death penalty are discussed. Dickson also includes a lively and incisive history of the Supreme Court, from its beginning to the present, illuminating how the conference works, how it has evolved, its various animosities, triumphant successes and glaring failures.As the first major reference work on this subject, this easy-to-use book offers the most reliable evidence available on the internal workings of the Supreme Court. It is the ideal source for scholars, law students, historians and anyone interested in how Supreme Court decisions are truly made.

From the Grassroots to the Supreme Court

Brown v. Board of Education and American Democracy
Author: Peter F. Lau
Publisher: Duke University Press
ISBN: 0822386100
Category: Law
Page: 416
View: 9773

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Perhaps more than any other Supreme Court ruling, Brown v. Board of Education, the 1954 decision declaring the segregation of public schools unconstitutional, highlighted both the possibilities and the limitations of American democracy. This collection of sixteen original essays by historians and legal scholars takes the occasion of the fiftieth anniversary of Brown to reconsider the history and legacy of that landmark decision. From the Grassroots to the Supreme Court juxtaposes oral histories and legal analysis to provide a nuanced look at how men and women understood Brown and sought to make the decision meaningful in their own lives. The contributors illuminate the breadth of developments that led to Brown, from the parallel struggles for social justice among African Americans in the South and Mexican, Asian, and Native Americans in the West during the late nineteenth century to the political and legal strategies implemented by the National Association for the Advancement of Colored People (naacp) in the twentieth century. Describing the decision’s impact on local communities, essayists explore the conflict among African Americans over the implementation of Brown in Atlanta’s public schools as well as understandings of the ruling and its relevance among Puerto Rican migrants in New York City. Assessing the legacy of Brown today, contributors analyze its influence on contemporary law, African American thought, and educational opportunities for minority children. Contributors Tomiko Brown-Nagin Davison M. Douglas Raymond Gavins Laurie B. Green Christina Greene Blair L. M. Kelley Michael J. Klarman Peter F. Lau Madeleine E. Lopez Waldo E. Martin Jr. Vicki L. Ruiz Christopher Schmidt Larissa M. Smith Patricia Sullivan Kara Miles Turner Mark V. Tushnet

Friends of the Supreme Court: Interest Groups and Judicial Decision Making


Author: Paul M. Collins, Jr.
Publisher: Oxford University Press
ISBN: 9780199707225
Category: Law
Page: 248
View: 4372

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The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.

The Supreme Court and the Fourth Amendment's Exclusionary Rule


Author: Tracey Maclin
Publisher: Oxford University Press
ISBN: 0199996431
Category: Law
Page: 416
View: 6442

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The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking. Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.

Private Property, Community Development, and Eminent Domain


Author: Robin Paul Malloy
Publisher: Routledge
ISBN: 1317075676
Category: Law
Page: 230
View: 1409

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The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.

Brown v. Board of Education and the Civil Rights Movement


Author: Michael J. Klarman
Publisher: Oxford University Press
ISBN: 9780198042006
Category: Law
Page: 296
View: 9643

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A splendid account of the Supreme Court's rulings on race in the first half of the twentieth century, From Jim Crow To Civil Rights earned rave reviews and won the Bancroft Prize for History in 2005. Now, in this marvelously abridged, paperback edition, Michael J. Klarman has compressed his acclaimed study into tight focus around one major case--Brown v. Board of Education--making the path-breaking arguments of his original work accessible to a broader audience of general readers and students. In this revised and condensed edition, Klarman illuminates the impact of the momentous Brown v. Board of Education ruling. He offers a richer, more complex understanding of this pivotal decision, going behind the scenes to examine the justices' deliberations and reconstruct why they found the case so difficult to decide. He recaps his famous backlash thesis, arguing that Brown was more important for mobilizing southern white opposition to change than for encouraging civil rights protest, and that it was only the resulting violence that transformed northern opinion and led to the landmark legislation of the 1960s. Klarman also sheds light on broader questions such as how judges decide cases; how much they are influenced by legal, political, and personal considerations; the relationship between Supreme Court decisions and social change; and finally, how much Court decisions simply reflect societal values and how much they shape those values. Brown v. Board of Education was one of the most important decisions in the history of the U.S. Supreme Court. Klarman's brilliant analysis of this landmark case illuminates the course of American race relations as it highlights the relationship between law and social reform. Acclaim for From Jim Crow to Civil Rights: "A major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence." --Randall Kennedy, The New Republic "Magisterial." --The New York Review of Books "A sweeping, erudite, and powerfully argued book...unfailingly interesting." --Wilson Quarterly

Griswold versus Connecticut


Author: John W. Johnson
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 266
View: 5185

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Americans value privacy as one their most cherished rights, yet the word "privacy" isn't even mentioned in the U.S. Constitution. It took the supreme Court's ruling in "Griswold v. Connecticut (1965) to bestow constitutional protection upon this right. That remains one of the Court's most hotly debated rulings and led directly to an even more controversial decision in "Roe v. Wade (1973). John Johnson's masterly critique of Griswold-"which observes its 40th anniversary on June 7, 2005-"reminds us once again of its crucial impact on both American law and society. Johnson explores "Griswold's origins in a challenge to Connecticut's 1879 anticontraception law, provides a detailed narrative of its progress, examines the unfolding of the newly secured right of privacy up to recent controversies over same-sex relations, and grounds the story in two key contexts: the struggle within one state to establish the right to birth control and the national debate over the right of privacy. He also provides important insights into the Supreme Court decision in "Poe v. Ullman (1961), which rejected challenges to the Connecticut's law and was itself immediately challenged. In response to "poe, Planned Parenthood opened a clinic in New Haven to dispense birth control advice and devices to married women. Ten days later, a local prosecutor shut the clinic down and indicted executive director Estelle Griswold and her medical director, C. Lee Buxton. Tracing the progress of Griswold's case, Johnson clarifies how privacy or "the right to be let alone" became a judicially constructed right. In one of the most idiosyncratic opinions in the Court's history, Justice William O. Douglas ruled that "emanations" fromfive constitutional amendments afforded protection to the right of privacy, while several other justices proposed competing rationales in support. As he unravels this fascinating tale, Johnson reveals a multifaceted decision

The Yoder Case

Religious Freedom, Education, and Parental Rights
Author: Shawn Francis Peters
Publisher: N.A
ISBN: 9780700612734
Category: Law
Page: 199
View: 1141

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Compulsory education has always been in the best interest of the state, as it fosters good citizenship and self-sufficiency. But what if a segment of society considers state education detrimental to its own values? In the late 1960s, one Wisconsin Amish community held that view and removed its children from public schools. When the state claimed truancy and took Jonas Yoder and two other parents to court, a legal battle of landmark proportions followed. Prize-winning historian Shawn Peters now offers a complete and compelling account of the Yoder case and of the tortured decision of simple Amish folk to break tradition and "go to law." He examines the breadth of First Amendment protections, the validity of compulsory school attendance, and the fundamental rights of parents and children. He also takes readers deep into the world of the Old Order Amish to show how their beliefs were often at variance with the very measures being undertaken to protect them. While most accounts of Wisconsin v. Yoder have focused on its origins and implications, Peters lays out all the facts of the case to reveal their intrinsic importance. He draws on trial transcripts and in-depth interviews with participants to fully explore the backgrounds, motivations, and strategies of the people who shaped the case-particularly the National Committee for Amish Religious Freedom and its attorney William Ball. He then describes in riveting prose how the trial unfolded, explains the impact of First Amendment jurisprudence on ordinary citizens involved, and shows how a relatively obscure dispute became a conflict of national importance. When the U.S. Supreme Court in 1972 ruled in favor of the Amish, its decision was hailed by many as a victory for religious freedom but was also criticized for conferring special protection on one faith. Yoder was subsequently cited in fundamentalist Christian efforts to excuse children from public schooling, but faith-based exemption to law was ultimately defeated in other tests. Peters traces the progress of such cases into the 1990s to show how Yoder in some ways marked the beginning of the end of an era for religious liberty jurisprudence. In exploring the meaning and legacy of Yoder, Peters reveals not only the human element of a landmark case but also its continuing relevance for our times.

American Reference Books Annual


Author: Libraries Unlimited,Martin Dillon
Publisher: N.A
ISBN: 9781591580560
Category: Reference books
Page: 816
View: 3023

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1970- issued in 2 vols.: v. 1, General reference, social sciences, history, economics, business; v. 2, Fine arts, humanities, science and engineering.

The Next 25 Years

The New Supreme Court and what it Means for Americans
Author: Martin Garbus
Publisher: N.A
ISBN: 9781583227329
Category: Political Science
Page: 244
View: 6894

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Renowned First Amendment lawyer Martin Garbus presciently examines the impact of the new Supreme Court on the future of the United States. Drawing upon extensive knowledge of the American Constitutional law and legal precedents, Garbus, one of America's most astute legal historians, defrocks the Bush administration's grip on the judiciary as an extension of its own executive powers. Named by TIME magazine as 'legendary...one of the best trial lawyers in the country', Garbus has appeared before the US Supreme Court and the highest courts throughout America.

Black, white, and Brown

the landmark school desegregation case in retrospect
Author: Clare Cushman,Melvin I. Urofsky,Supreme Court Historical Society
Publisher: CQ Press
ISBN: N.A
Category: History
Page: 343
View: 7499

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Presents retrospective articles on the history and impact of Brown vs. Board of Education, focusing on the constitutional and legal facets of the case and recalling events before and after the decision.

American Reference Books Annual


Author: Bohdan S. Wynar
Publisher: N.A
ISBN: N.A
Category: Reference books
Page: N.A
View: 4914

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1970- issued in 2 vols.: v. 1, General reference, social sciences, history, economics, business; v. 2, Fine arts, humanities, science and engineering.

Constitutional Law Stories


Author: Michael C. Dorf
Publisher: N.A
ISBN: N.A
Category: Law
Page: 561
View: 7088

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This publication provides a student with an understanding of 15 leading U.S. constitutional law cases, focusing on how the litigation was shaped by lawyers, judges and socioeconomic factors, and why the cases have attained landmark status. It is suitable for adoption as a supplement in an introductory constitutional law course, or as a text for an advanced seminar.