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Judges on Judging : Views From Bench

Judges on Judging : Views From Bench - 2nd edition

ISBN13: 978-1568029122

Cover of Judges on Judging : Views From Bench 2ND 04 (ISBN 978-1568029122)
ISBN13: 978-1568029122
ISBN10: 1568029128
Edition: 2ND 04
Copyright: 2004
Publisher: Congressional Quarterly
Published: 2004
International: No

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Judges on Judging : Views From Bench - 2ND 04 edition

ISBN13: 978-1568029122

David Obrien

ISBN13: 978-1568029122
ISBN10: 1568029128
Edition: 2ND 04
Copyright: 2004
Publisher: Congressional Quarterly
Published: 2004
International: No
Summary

Based on the highly successful Views from the Bench, this comprehensive collection of essays by Supreme Court justices and federal district judges in the United States looks at how they approach their function as judges and the role of the judiciary in the American constitutional system. O'Brien contributes to the ongoing debate over off-the-bench commentaries and encourages readers to think about the qualities of judges and the role of courts in American politics.

Author Bio

O'Brien, David M. : University of Virginia

David M. O'Brien is Leone Reaves and George W. Spicer Professor of Government and Foreign Affairs at the University of Virginia. He has served as a Judicial Fellow and a research associate in the Office of the Administrative Assistant to the Chief Justice at the Supreme Court. He is author and coauthor of numerous books, including To Dream of Dreams: Religious Freedom and Constitutional Politics in Postwar Japan (1996), Storm Center: The Supreme Court in American Politics, 6th edition (2003) which won the American Bar Association's Silver Gavel Award, the two-volume casebook, Constitutional Law and Politics, 5th edition (2003), and the annual Supreme Court Watch.

Table of Contents

Acknowledgments
Preface

Part I. Judicial Review and American Politics: Historical and Political Perspectives

Introduction
1. The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury
Chief Justice Warren E. Burger, Supreme Court of the United States
2. The Supreme Court in the American System of Government
Justice Robert H. Jackson, Supreme Court of the United States


Part II. The Dynamics of the Judicial Process

Introduction
3. The Path of Law
Justice Oliver Wendell Holmes, Supreme Judicial Court of Massachusetts and Supreme Court of the United States
4. Advice and Consent in Theory and Practice
Judge Roger J. Miner, United States Court of Appeals, Second Circuit
5. The Adversary Judge: The Experiences of the Trial Judge
Judge Marvin E. Frankel, United States District Court, Southern District of New York
6. What I Ate for Breakfast and Other Mysteries of Judicial Decision Making
Judge Alex Kozinski, United States Court of Appeals, Ninth Circuit
7. Whose Federal Judiciary Is It Anyway?
Judge Stephen Reinhardt, United Sates Court of Appeals, Ninth Circuit
8. What Really Goes On at the Supreme Court
Justice Lewis F. Powell, Jr., Supreme Court of the United States
9. The Supreme Court Conference
Chief Justice William H. Rehnquist, Supreme Court of the United States
10. Deciding What to Decide: The Docket and the Rule of Four
Justice John Paul Stevens, Supreme Court of the United States
11. The Role of Oral Argument
Justice John M. Harlan II, Supreme Court of the United States
12. Precedent and Policy: Judicial Opinions and Decision Making
Chief Justice Walter V. Schaefer, Supreme Court of Illinois

Part III. The Judiciary and the Constitution

Introduction
13. The Notion of a Living Constitution
Chief Justice William H. Rehnquist, Supreme Court of the United States
14. A Relativistic Constitution
Judge William Wayne Justice, United States District Court, Eastern District of Texas
15. The Jurisprudence of Judicial Restraint: A Return to the Moorings
Judge J. Clifford Wallace, United States Court of Appeals, Ninth Circuit
16. Tradition and Morality in Constitutional Law
Judge Robert H. Bork, United States Court of Appeals, District of Columbia Circuit
17. What Am I, a Potted Plant? The Case against Strict Constructionism
Judge Richard A. Posner, United States Court of Appeals, Seventh Circuit
18. Originalism: The Lesser Evil
Justice Antonin Scalia, Supreme Court of the United States
19. The Constitution: A Living Document
Justice Thurgood Marshall, Supreme Court of the United States
20. The Constitution of the United States: Contemporary Ratification
Justice William J. Brennan, Jr., Supreme Court of the United States
21. Speaking in a Judicial Voice: Reflections on Roe v. Wade
Justice Ruth Bader Ginsburg, Supreme Court of the United States
22. Against Constitutional Theory
Judge Richard A. Posner, United States Court of Appeals, Seventh Circuit
23. Two Faces of Judicial Activism
Judge William Wayne Justice, United States District Court, Eastern District of Texas

Part IV. The Judiciary and Federal Regulation Line Drawing and Statutory Construction

Introduction
24. Some Reflections on the Reading of Statutes
Justice Felix Frankfurter, Supreme Court of the United States
25. What Does Legislative History Tell Us?
Judge Frank H. Easterbrook, United States Court of Appeals, Seventh Circuit

Part V. Our Dual Constitutional System: The Bill of Rights and the States

Introduction
26. The Bill of Rights
Justice Hugo L. Black, Supreme Court of the United States
27. Guardians of Our Liberties--State Courts No Less Than Federal
Justice William J. Brennan, Jr., Supreme Court of the United States
28. First Things First: Rediscovering the States' Bills of Rights
Justice Hans A. Linde, Oregon State Supreme Court
29. State Courts as the Dawn of a New Century: Common Law Courts Reading Statutes and Constitutions
Chief Judge Judith S. Kaye, New York Court of Appeals
Appendix A. Selected Bibliography of Off-the-Bench Commentaries
Appendix B. Time Chart of Members of the Supreme Court of the United States
General Subject Index
Court Case Index

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