David Souter's Books

David Hackett Souter

Traditional Republican on the Rehnquist Court

By: Tinsley E. Yarbrough

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David Hackett Souter

Traditional Republican on the Rehnquist Court

By: Tinsley E. Yarbrough

Sifting through Souter's opinions and other relevant records and interviews, esteemed Supreme Court biographer Yarbrough reveals the real David Souter, crafting a fascinating account of one of the heretofore most elusive Justices in the history of the Court.

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335

Publisher

Oxford University Press

Published Date

ISBN 10

0195159330

ISBN 13

9780195159332

Laboratory of Justice

The Supreme Court's 200-Year Struggle to Integrate Science and the Law

By: David L. Faigman

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Laboratory of Justice

The Supreme Court's 200-Year Struggle to Integrate Science and the Law

By: David L. Faigman

From the American Revolution to the genetic revolution, to race and abortion rights, legal expert David L. Faigman’s Laboratory of Justice examines the U.S. Supreme Court’s uneasy attempts to weave science into the Constitution. Suppose that scientists identify a gene that predicts that a person is likely to commit a serious crime. Laws are then passed making genetic tests mandatory, and anyone displaying the gene is sent to a treatment facility. Would the laws be constitutional? In this illuminating history, Laboratory of Justice: The Supreme Court’s 200-Year Struggle to Integrate Science and the Law, legal scholar David L. Faigman reveals the tension between the conservative nature of the law and the swift evolution of scientific knowledge. The Supreme Court works by precedent, embedding the science of an earlier time into our laws. In the nineteenth century, biology helped settle the “race question” in the famous Dred Scott case; not until a century later would cutting-edge sociological data end segregation with Brown v. Board of Education. In 1973, Roe v. Wade set a standard for the viability of a fetus that modern medicine could render obsolete. And how does the Fourth Amendment apply in a world filled with high-tech surveillance devices? To ensure our liberties, Faigman argues, the Court must embrace science, turning to the lab as well as to precedent. “Faigman takes the Supreme Court to task for persistently failing to inquire into the merits of the scientific evidence in the cases before it.”—Daniel J. Kevles, Legal Affairs “Faigman is one attorney who hasn’t shied away from insisting that judges stay up to speed with scientific knowledge.”—The Christian Science Monitor

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653

Publisher

Macmillan

Published Date

ISBN 10

1429923393

ISBN 13

9781429923392

Race, Redistricting, and Representation

The Unintended Consequences of Black Majority Districts

By: David T. Canon

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Race, Redistricting, and Representation

The Unintended Consequences of Black Majority Districts

By: David T. Canon

Since the creation of minority-dominated congressional districts eight years ago, the Supreme Court has condemned the move as akin to "political apartheid," while many African-American leaders argue that such districts are required for authentic representation. In the most comprehensive treatment of the subject to date, David Canon shows that the unintended consequences of black majority districts actually contradict the common wisdom that whites will not be adequately represented in these areas. Not only do black candidates need white votes to win, but this crucial "swing" vote often decides the race. And, once elected, even the black members who appeal primarily to black voters usually do a better job than white members of walking the racial tightrope, balancing the needs of their diverse constituents. Ultimately, Canon contends, minority districting is good for the country as a whole. These districts not only give African Americans a greater voice in the political process, they promote a politics of commonality—a biracial politics—rather than a politics of difference.

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339

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University of Chicago Press

Published Date

ISBN 10

022678908X

ISBN 13

9780226789088

A Year in the Life of the Supreme Court

By: Aaron Epstein,Kay Kindred,Tony Mauro,David Savage,Stephen Wermiel

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A Year in the Life of the Supreme Court

By: Aaron Epstein,Kay Kindred,Tony Mauro,David Savage,Stephen Wermiel

Despite its importance to the life of the nation and all its citizens, the Supreme Court remains a mystery to most Americans, its workings widely felt but rarely seen firsthand. In this book, journalists who cover the Court—acting as the eyes and ears of not just the American people, but the Constitution itself—give us a rare close look into its proceedings, the people behind them, and the complex, often fascinating ways in which justice is ultimately served. Their narratives form an intimate account of a year in the life of the Supreme Court. The cases heard by the Surpreme Court are, first and foremost, disputes involving real people with actual stories. The accidents and twists of circumstance that have brought these people to the last resort of litigation can make for compelling drama. The contributors to this volume bring these dramatic stories to life, using them as a backdrop for the larger issues of law and social policy that constitute the Court’s business: abortion, separation of church and state, freedom of speech, the right of privacy, crime, violence, discrimination, and the death penalty. In the course of these narratives, the authors describe the personalities and jurisprudential leanings of the various Justices, explaining how the interplay of these characters and theories about the Constitution interact to influence the Court’s decisions. Highly readable and richly informative, this book offers an unusually clear and comprehensive portrait of one of the most influential institutions in modern American life.

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314

Publisher

Duke University Press

Published Date

ISBN 10

082238194X

ISBN 13

9780822381945

Encyclopedia of the United States Constitution

By: David Andrew Schultz

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Encyclopedia of the United States Constitution

By: David Andrew Schultz

Covers the people, court cases, historical events, and terms relating to one of the most studied political documents in schools across the country, the United States Constitution.

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923

Publisher

Infobase Publishing

Published Date

ISBN 10

1438126778

ISBN 13

9781438126777

A Reasonable Public Servant

Constitutional Foundations of Administrative Conduct in the United States

By: Lily Xiao Hong Lee,David H. Rosenbloom

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A Reasonable Public Servant

Constitutional Foundations of Administrative Conduct in the United States

By: Lily Xiao Hong Lee,David H. Rosenbloom

An essential text for PA courses on Human Resource Management as well as Public Management and Law, this book illuminates the role of the reasonable public servant, who strives to perform authorized functions efficiently, yet in a manner that aligns with constitutional values embodied in the Bill of Rights. "A Reasonable Public Servant" provides a comprehensive review of Supreme Court opinions in explaining the reasonable conduct of a public servant and the development of clearly established constitutional and statutory rights that a reasonable public servant is expected to observe: property rights; procedural due process; freedom of critical speech; privacy; equal protection; and anti-discrimination laws. The author relies on the Court's opinions as the exemplar of public reason, and pays close attention to the manner in which the Court balances among competing value priorities - for example, the rights of a public servant as an employee as well as an individual citizen, and the efficiency needs of the government as an employer as well as a sovereign state. This book's detailed appendices include the U.S. Constitution, the Bill of Rights, and Title VII of the Civil Rights Act of 1964.

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315

Publisher

Routledge

Published Date

ISBN 10

1317477944

ISBN 13

9781317477945

American Shtetl

The Making of Kiryas Joel, a Hasidic Village in Upstate New York

By: Nomi M. Stolzenberg,David N. Myers

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American Shtetl

The Making of Kiryas Joel, a Hasidic Village in Upstate New York

By: Nomi M. Stolzenberg,David N. Myers

Settled in the mid-1970s by a small contingent of Hasidic families, Kiryas Joel is an American town with few parallels in Jewish history-but many precedents among religious communities in the United States. This book tells the story of how this group of pious, Yiddish-speaking Jews has grown to become a thriving insular enclave and a powerful local government in upstate New York. While rejecting the norms of mainstream American society, Kiryas Joel has been stunningly successful in creating a world apart by using the very instruments of secular political and legal power that it disavows. Nomi Stolzenberg and David Myers paint a richly textured portrait of daily life in Kiryas Joel, exploring the community's guiding religious, social, and economic norms. They delve into the roots of Satmar Hasidism and its charismatic founder, Rebbe Joel Teitelbaum, following his journey from nineteenth-century Hungary to post-World War II Brooklyn, where he dreamed of founding an ideal Jewish town modeled on the shtetls of eastern Europe. Stolzenberg and Myers chart the rise of Kiryas Joel as an official municipality with its own elected local government. They show how constant legal and political battles defined and even bolstered the community, whose very success has coincided with the rise of political conservatism and multiculturalism in American society over the past forty years.

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496

Publisher

Princeton University Press

Published Date

ISBN 10

0691259291

ISBN 13

9780691259291

No Right Turn

Conservative Politics in a Liberal America

By: David T. Courtwright

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No Right Turn

Conservative Politics in a Liberal America

By: David T. Courtwright

Few question the “right turn” America took after 1966, when liberal political power began to wane. But if they did, No Right Turn suggests, they might discover that all was not really “right” with the conservative golden age. A provocative overview of a half century of American politics, the book takes a hard look at the counterrevolutionary dreams of liberalism’s enemies—to overturn people’s reliance on expanding government, reverse the moral and sexual revolutions, and win the Culture War—and finds them largely unfulfilled. David Courtwright deftly profiles celebrated and controversial figures, from Clare Boothe Luce, Barry Goldwater, and the Kennedy brothers to Jerry Falwell, David Stockman, and Lee Atwater. He shows us Richard Nixon’s keen talent for turning popular anxieties about morality and federal meddling to Republican advantage—and his inability to translate this advantage into reactionary policies. Corporate interests, boomer lifestyles, and the media weighed heavily against Nixon and his successors, who placated their base with high-profile attacks on crime, drugs, and welfare dependency. Meanwhile, religious conservatives floundered on abortion and school prayer, obscenity, gay rights, and legalized vices like gambling, and fiscal conservatives watched in dismay as the bills mounted. We see how President Reagan’s mélange of big government, strong defense, lower taxes, higher deficits, mass imprisonment, and patriotic symbolism proved an illusory form of conservatism. Ultimately, conservatives themselves rebelled against George W. Bush’s profligate brand of Reaganism. Courtwright’s account is both surprising and compelling, a bracing argument against some of our most cherished clichés about recent American history.

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348

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Harvard University Press

Published Date

ISBN 10

0674058445

ISBN 13

9780674058446

The Encyclopedia of Civil Liberties in America

By: David Schultz,John R. Vile

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The Encyclopedia of Civil Liberties in America

By: David Schultz,John R. Vile

Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties.

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1234

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Routledge

Published Date

ISBN 10

1317457137

ISBN 13

9781317457138

Marriage, Celibacy, and Heresy in Ancient Christianity

The Jovinianist Controversy

By: David G. Hunter

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Marriage, Celibacy, and Heresy in Ancient Christianity

The Jovinianist Controversy

By: David G. Hunter

Marriage, Celibacy, and Heresy in Ancient Christianity is the first major study in English of the 'heretic' Jovinian and the Jovinianist controversy. David G. Hunter examines early Christian views on marriage and celibacy in the first three centuries and the development of an anti-heretical tradition. He provides a thorough analysis of the responses of Jovinian's main opponents, including Pope Siricius, Ambrose, Jerome, Pelagius, and Augustine. In the course of his discussion Hunter sheds new light on the origins of Christian asceticism, the rise of clerical celibacy, the development of Marian doctrine, and the formation of 'orthodoxy' and 'heresy' in early Christianity.

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336

Publisher

OUP Oxford

Published Date

ISBN 10

0191535532

ISBN 13

9780191535536

The Pleasures of Contamination

Evidence, Text, and Voice in Textual Studies

By: David C. Greetham

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The Pleasures of Contamination

Evidence, Text, and Voice in Textual Studies

By: David C. Greetham

Through the concept of contamination, David Greetham highlights various ways that one text may invade another, carrying with it a residue of potential meaning. While the focus of this study is on written works, the scope ranges widely over music, politics, art, science, philosophy, religion, and social studies. Greetham argues that this sort of contamination is not only ubiquitous in contemporary culture, but may also be a necessary and beneficial circumstance. Tracing contamination from the Middle Ages onward, he takes up issues such as the placement of quote marks in Keats's "Ode to a Grecian Urn," the controversy over the use of evidence for "yellowcake" uranium in Niger, and the reconstitution of reality on YouTube, to illustrate that the basic questions of evidence, fact, and voice have always been slippery concepts.

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403

Publisher

Indiana University Press

Published Date

ISBN 10

0253355060

ISBN 13

9780253355065

Cameras in the Courtroom

Television and the Pursuit of Justice

By: Marjorie Cohn,David Dow

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Cameras in the Courtroom

Television and the Pursuit of Justice

By: Marjorie Cohn,David Dow

Looking at the effects of both allowing and barring television coverage of legal proceedings, Cohn (the Thomas Jefferson School of Law) and Dow, a retired CBS News correspondent, examine landmark televised trials, including those of O. J. Simpson and William Kennedy Smith, and analyze the impact of CourtTV and the history of cameras in American courtrooms. Interviews with judges, attorneys, jurors, and legal scholars shed light on the subject. This paperback reprint features a new preface by the authors, on the effect of excluding television cameras from the trial of a September 11th terrorist. Annotation copyrighted by Book News, Inc., Portland, OR

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220

Publisher

Rowman & Littlefield

Published Date

ISBN 10

0742520234

ISBN 13

9780742520233

The Judicial Process

Law, Courts, and Judicial Politics

By: Christopher P. Banks,David M. O'Brien

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The Judicial Process

Law, Courts, and Judicial Politics

By: Christopher P. Banks,David M. O'Brien

The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

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401

Publisher

CQ Press

Published Date

ISBN 10

1483317005

ISBN 13

9781483317007

The Most Dangerous Branch

Inside the Supreme Court in the Age of Trump

By: David A. Kaplan

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The Most Dangerous Branch

Inside the Supreme Court in the Age of Trump

By: David A. Kaplan

In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. Brett Kavanaugh—replacing Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court—Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.

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489

Publisher

Crown

Published Date

ISBN 10

1524759910

ISBN 13

9781524759919

Jewish Justices of the Supreme Court

From Brandeis to Kagan

By: David G. Dalin

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Jewish Justices of the Supreme Court

From Brandeis to Kagan

By: David G. Dalin

The first history of the eight Jewish men and women who have served or who currently serve as justices of the Supreme Court

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384

Publisher

Brandeis University Press

Published Date

ISBN 10

161168238X

ISBN 13

9781611682380

When Destiny Comes to a Fork in the Road

By: David Cauthen

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When Destiny Comes to a Fork in the Road

By: David Cauthen

What is your lifes purpose, your reason for being here, and how do you know what it is? Do you have a destiny, and, if so, how was that determined? How do you reach it? Are there choices, and if so, how does one make them? Is there a power which steers you down the right path toward your destiny, tells you which fork in the road to take? What difference in the grand scheme of things will your life make? The author asked himself the same questions, over and over, throughout most of his seventy-seven years, and only recently has he learned the answers. In When Destiny Comes to a Fork in the Road, Demus, the authors guardian angel, describes the authors thoughts, words, and actions as he travels down lifes road, seeking to discover his reason for being, his calling, his destiny. Share with him his happiness and sadness, emotions, indecision, uncertainty, discoveries, accomplishments, failures, his experiences, the people he met on his lifes journey and his quest to learn and to fulfill his destiny, and his eventual understanding of the meaning of his life.

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772

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AuthorHouse

Published Date

ISBN 10

1481750674

ISBN 13

9781481750677

The Handy Presidents Answer Book

By: David L Hudson

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The Handy Presidents Answer Book

By: David L Hudson

A complete look at every President’s who, what, when, where, why, and, how. From George Washington to Barrack Obama and John Adams to Woodrow Wilson, The Handy Presidents Answer Book offers a fascinating look at the lives of each U.S. president, along with a large array of factual, anecdotal, and historic perspectives on the American presidency. Early life and career are covered, along with important highlights from each presidency. The Handy Presidents Answer Book addresses more than 1,600 broad, fundamental questions on the presidents, vice presidents, first ladies, administration staff, families, campaigns and elections, major issues, wars, scandals, tragedies, and entertaining White House trivia such as . . . What three presidents died on the Fourth of July? Which president regularly swam naked in the Potomac River? Which president executed criminals? What president was called “His Fraudulency” because of the controversial way he was elected? Which president later became chief justice of the U.S. Supreme Court? Which president was the first to appoint a woman to his cabinet? Whose campaign pledge was to bring about a “kinder, gentler nation?” The Handy Presidents Answer Book is a must-have reference in the truest sense of the word. Covering not just the individuals, but also the origins of the presidency, political parties, elections, and trivia, the book gives depth and context to the office as well as to those who have become president. With many photos, illustrations, and other graphics, this tome is richly illustrated, and its helpful bibliography and extensive index add to its usefulness.

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513

Publisher

Visible Ink Press

Published Date

ISBN 10

1578593581

ISBN 13

9781578593583

The Law of Church and State

Developments in the Supreme Court Since 1980

By: David M. Ackerman

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The Law of Church and State

Developments in the Supreme Court Since 1980

By: David M. Ackerman

The religion clauses of the First Amendment provide that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." In modern time the Supreme Court has frequently construed these clauses to create, in Thomas Jefferson's oft-quoted metaphor, "a wall of separation between church and state". This volume summarises the doctrinal debates and shifts on the religion clauses that have occurred on the Court during this period. It summarises and examines as well the legal effect of each of the 56 decisions the court has handed down concerning church and state since 1980.

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130

Publisher

Nova Publishers

Published Date

ISBN 10

1590331222

ISBN 13

9781590331224

Scottish Tradition (RLE Folklore)

A Collection of Scottish Folk Literature

By: David Buchan

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Scottish Tradition (RLE Folklore)

A Collection of Scottish Folk Literature

By: David Buchan

Scottish folk literature is characterised by a wide range of creative expression: story, song, play and proverb. This anthology, first published in 1984, provides an authoritative introduction to Scottish folk literature, and is unique in that it deals with all the genres intrinsic to Scottish tradition. Its selected texts offer an unusual and diverse enjoyment to the reader, including such forms as wonder tales or Märhcen, classical ballads, riddles, jocular tales, lyric and comic and occupational folksongs, rhymes, historical and supernatural legends, and guisers’ plays. The texts chosen cover the main regional traditions of Lowland Scotland, from Galloway to the Shetlands, and span a number of centuries, through both pre- and post-industrial periods, from a sailor’s worksong of the sixteenth century to modern urban legends just recently recorded. The book is arranged in four sections, on Folk Narrative, Folksong, Folksay, and Folk Drama, each with an introduction and a bibliographical essay setting the material in context and indicating some of its international links. Folk literature itself is brought into firm focus by discussion and generic example, and the anthology as a whole illuminates substantial areas of Scottish social and cultural life.

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274

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Routledge

Published Date

ISBN 10

1317550056

ISBN 13

9781317550051

The Law of Church and State in the Supreme Court Revisited

By: David M. Ackerman,Kimberly D. Jones

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The Law of Church and State in the Supreme Court Revisited

By: David M. Ackerman,Kimberly D. Jones

The religion clauses of the First Amendment provide that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...." In modern times the Supreme Court has frequently construes these clauses to create, in Thomas Jefferson's oft-quoted metaphor, a "wall of separation between church and state". The Court's decisions have precipitated substantial opposition and, in particularly since the election of Ronald Reagan to the Presidency in 1980, a concerted and partly successful effort to change its separatist constructions of the religion clauses. This volume summarises the doctrinal debates and shifts on the religion clauses that have occurred on the Court during this period. It summarises and examines as well the legal effect of each of the 56 decisions the Court has handed down concerning church and state since 1980.

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198

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Nova Publishers

Published Date

ISBN 10

1594546428

ISBN 13

9781594546426

Academic Freedom

From Professional Norm to First Amendment Right

By: David M. Rabban

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Academic Freedom

From Professional Norm to First Amendment Right

By: David M. Rabban

David Rabban provides the first comprehensive synthesis of the case law on academic freedom and the First Amendment at American universities. Responding to the judicial decisions and drawing on the justification for academic freedom as a professional norm, he develops a theory of academic freedom as a distinctive First Amendment right.

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381

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Harvard University Press

Published Date

ISBN 10

0674295951

ISBN 13

9780674295957

Sorcerers' Apprentices

100 Years of Law Clerks at the United States Supreme Court

By: Artemus Ward,David L Weiden

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Sorcerers' Apprentices

100 Years of Law Clerks at the United States Supreme Court

By: Artemus Ward,David L Weiden

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

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352

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NYU Press

Published Date

ISBN 10

0814794203

ISBN 13

9780814794203

The Jurisprudential Vision of Justice Antonin Scalia

By: David Andrew Schultz,Christopher E. Smith

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The Jurisprudential Vision of Justice Antonin Scalia

By: David Andrew Schultz,Christopher E. Smith

That Scalia has most profoundly affected, particularly constitutional protections for property rights. Citing Scalia's use of judicial review to check legislative power and his attempts to limit several types of individual rights developed during the Warren and Burger courts, the authors conclude that Scalia's decisions reflect an effort to create a post-Carolene Products jurisprudence and to form a new pattern of assumptions regarding the role of the Supreme Court in.

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286

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Rowman & Littlefield

Published Date

ISBN 10

0847681327

ISBN 13

9780847681327

The Book of Skulls

By: David Hutchison

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The Book of Skulls

By: David Hutchison

A Victorian tale of gender-bending, hidden identity, obsession and gruesome murder, set in Edinburgh's Old Town. 1875. Liz Moliette; a poor orphan of unknown heritage, and Amulya Patel; from a wealthy Indian family, are the only female students at the Edinburgh Medical School, where a hostile attitude towards women is driven by Professor Atticus. However Liz and Amulya have allies in fellow student Campbell Preeble, The Reekie reporter Hector Findlay and the charming Dr Paul Love. In dire need of funds, Liz becomes assistant to gruff lecturer and police surgeon Dr Florian Blyth. When a series of grisly murders take place the doctor and Liz help Inspector Macleod in his investigation, which leads to the Edinburgh Asylum, the Burry Man festival and the quack science of phrenology The search for the killer comes dangerously close to Liz as she uncovers her own family secrets. Also illustrated by David Hutchison.

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314

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Flying Sheep Publishing

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ISBN 10

1838028005

ISBN 13

9781838028008

Australian Between Empires: The Life of Percy Spender

By: David Lowe

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Australian Between Empires: The Life of Percy Spender

By: David Lowe

Part biography, part transnational history, this study details the life and career of Percy Spender, one of Australia's most prominent twentieth-century political figures.

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276

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Routledge

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ISBN 10

1317324331

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9781317324331

International and Transnational Criminal Law

By: David Luban,Julie R. O'Sullivan,David P. Stewart,Neha Jain

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International and Transnational Criminal Law

By: David Luban,Julie R. O'Sullivan,David P. Stewart,Neha Jain

International and Transnational Criminal Law, Fourth Edition, by David J. Luban, Julie R. O’Sullivan, David P. Stewart, and Neha Jain covers both international criminal law and the application of U.S. criminal law transnationally. This comprehensive and versatile book has chapters on each of the core crimes (aggression, genocide, crimes against humanity, and war crimes) as well as terrorism and torture. It has separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. It also covers U.S. criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, trafficking, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and U.S. constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students (as well as government lawyers and private practitioners) with no prior background in this increasingly important field. New to the Fourth Edition: Recent developments in the international tribunals, including the Special Court for the Central African Republic and Colombia’s Special Jurisdiction for Peace. Updates on post-Morrison jurisdictional developments, including new cases and exposition. Expanded treatment of aggression, including coverage of the Russia-Ukraine conflict. Comprehensive revision of the chapter on obtaining evidence abroad, with greater emphasis on difficulties facing defense counsel. Updates on ICC jurisprudence, including developments on command responsibility and criminal defenses. Updated genocide chapter, including a new section on cultural genocide and discussion of the Ukraine v. Russia ICJ litigation. Professors and students will benefit from: Versatility: The book can be used for courses on international criminal law and also for courses on U.S. criminal law applied across borders. Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law. A detailed treatment of “headline” issues including torture, terrorism, war crimes, and the Russia-Ukraine conflict. Readable background on historical context.

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1288

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Aspen Publishing

Published Date

ISBN 10

1543847102

ISBN 13

9781543847109

The Handy Supreme Court Answer Book

By: David L Hudson

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The Handy Supreme Court Answer Book

By: David L Hudson

From the origins of the court to practical matters—the federal judiciary system, the Supreme Court’s session schedule, how cases reach the court, and the argument, decision and appeal process—this book covers it all! Making our nation’s least-understood branch of government accessible to all, The Handy Supreme Court Answer Book informs and entertains, providing a veritable docket of interesting Court lore. This fascinating book explores the defining personalities that served as the Court’s chief justices, details the history, important cases, the current events of the Court, and more. It answers more than 800 absorbing questions, including … Which Supreme Court Justice killed a man in a dual? Who was the first Supreme Court Justice to attend law school? When did the Supreme Court begin its tradition of nine justices on the bench? Which Justices signed the Declaration of Independence? What happens when a justice becomes incapacitated? In what decision did the Court uphold a ten-hour work day for mill and factory workers? The Court rejected women’s rights to vote in what decision? What future U.S. President was offered a position on the U.S. Supreme Court? Which Supreme Court justice married a sixteen-year-old? When did the Supreme Court first meet? With numerous photos and illustrations, this tome is richly illustrated, and its helpful bibliography and extensive index add to its usefulness. For a quick and useful reference to the history of the Court, the vote is unanimous for The Handy Supreme Court Answer Book!

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511

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Visible Ink Press

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ISBN 10

157859264X

ISBN 13

9781578592647

Election Law and Democratic Theory

By: David Schultz

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Election Law and Democratic Theory

By: David Schultz

While numerous books and articles examine various aspects either of democratic theory or of specific topics in election law, there is no comprehensive book that provides a detailed and scholarly discussion of the political and democratic theory underpinnings of election law. Election Law and Democratic Theory fills this important gap, as author David Schultz offers a scholarly analysis of the political principles and democratic values underlying election law and the regulation of political campaigns and participants in the United States. The book provides the first full-length examination of the political theories that form the basis for many of the current debates in election law that structure both Supreme Court and scholarly considerations of topics ranging from campaign finance reform, voting rights, reapportionment, and ballot access to the rights of political parties, the media, and other players in the system. It challenges much of the current debate in election law and argues for more discussion and development of a democratic political theory to support and guide election law jurisprudence.

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294

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Routledge

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ISBN 10

1317145305

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9781317145301

The Age of Deference

The Supreme Court, National Security, and the Constitutional Order

By: David Rudenstine

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The Age of Deference

The Supreme Court, National Security, and the Constitutional Order

By: David Rudenstine

In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.

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345

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Oxford University Press

Published Date

ISBN 10

0199381496

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9780199381494

Democracy, Inc.

The Press and Law in the Corporate Rationalization of the Public Sphere

By: David S. Allen

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Democracy, Inc.

The Press and Law in the Corporate Rationalization of the Public Sphere

By: David S. Allen

In Democracy, Inc., David S. Allen exposes the vested interests behind the U.S. slide toward conflating corporate values with public and democratic values. He argues that rather than being institutional protectors of democratic principles, the press and law perversely contribute to the destruction of public discourse in the United States today. Allen utilizes historical, philosophical, sociological, and legal sources to trace America's gradual embrace of corporate values. He argues that such values, including winning, efficiency, and profitability actually limit democratic involvement by devaluing discursive principles, creating an informed yet inactive public. Through an examination of professionalization in both the press and the law, corporate free speech rights, and free speech as property, Democracy, Inc. demonstrates that today's democracy is more about trying to control and manage citizens than giving them the freedom to participate. Allen not only calls on institutions to reform the way they understand and promote citizenship but also asks citizens to adopt a new ethic of public discourse that values understanding rather than winning.

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218

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University of Illinois Press

Published Date

ISBN 10

0252090403

ISBN 13

9780252090400

The Impeachment of Chief Justice David Brock

Judicial Independence and Civic Populism

By: John Cerullo,David C. Steelman

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The Impeachment of Chief Justice David Brock

Judicial Independence and Civic Populism

By: John Cerullo,David C. Steelman

At this juncture in American history, some of our most hard-fought state-level political struggles involve control of state supreme courts. New Hampshire witnessed one of the most dramatic of these, culminating in the impeachment of Chief Justice David Brock in 2000, but the issues raised by the case are hardly confined to New Hampshire. They involved the proper nature and operation of judicial independence within a “populist” civic culture that had long assumed the primacy of the legislative branch, extolled its “citizen legislators” over insulated and professionalized elites, and entrusted those legislators to properly supervise the judiciary. In the last few decades of the 20th Century, New Hampshire’s judiciary had been substantially reconfigured: constitutional amendments and other measures endorsed by the national judicial-modernization movement had secured for it a much higher level of independence and internal unification than it had historically enjoyed. However, a bipartisan body of legislators remained committed to the principle of legislative supremacy inscribed in the state constitution of 1784. The 1980s and 1990s witnessed a series of clashes over court administration, allegations of judicial corruption, and finally a bitter and protracted battle over Court decisions on educational funding. Chief Justice Brock publicly embodied the judicial branch's new status and assertiveness. When information came to light regarding some of his administrative actions on the high court, deepening antipathy toward him exploded into an impeachment crisis. The struggle over Brock’s conduct raised significant questionsabout the meaning and proper practice of impeachment itself as a feature of democratic governance. When articles of impeachment were voted by the House of Representatives, the state Senate faced the difficult task of establishing trial protocols that would balance thepolitical and juridical responsibilities devolved on them, simultaneously, by the state constitution.Having struck that balance, the trial they conducted would finally acquit Brock of all charges. Nevertheless, David Brock’s impeachment was a highly consequential ordeal that provided a needed catalyst for reforms intended to produce a productive recalibration of legislative-judicial relations.

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325

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Lexington Books

Published Date

ISBN 10

1498565905

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9781498565905

Liberty and Sexuality

The Right to Privacy and the Making of Roe v. Wade

By: David J. Garrow

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Liberty and Sexuality

The Right to Privacy and the Making of Roe v. Wade

By: David J. Garrow

Pulitzer Prize–winning author David J. Garrow’s stirring and essential history of the politics of abortion and America’s battle for the right to choose In 1973, the Supreme Court handed down its landmark Roe v. Wade decision legalizing abortion, and more than forty years later the issue continues to spark controversy and divisiveness. But behind this historic legal case lie the battles women fought to establish their rights to use contraceptives and choose to have an abortion. Liberty and Sexuality traces these political and legal struggles in the decades leading up to Roe v. Wade—including the momentous 1965 Supreme Court ruling in Griswold v. Connecticut that established a constitutional “right to privacy.” Garrow personalizes the struggles by detailing the vital contributions made by dozens of crusaders who tirelessly paved the way. This expansive and substantial work also addresses the threats to sexual privacy and the legality of abortion that have risen since Roe v. Wade. With abortion still a contentious subject on the national political landscape, Liberty and Sexuality is not just a historical account of the right to choose, but an indispensable read about preserving a freedom that continues to divide America.

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777

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Open Road Media

Published Date

ISBN 10

150401555X

ISBN 13

9781504015554

Real Anita Hill

By: David Brock

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Real Anita Hill

By: David Brock

Brock's thorough investigation of the evidence in the Thomas-Hill hearings concluded that there was no reason to believe Anita Hill's accusations of sexual harassment against Clarence Thomas. Brock's book--a national sensation which landed on the New York Times bestseller list--is the definitive rebuttal of Hill's charges.

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478

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Simon and Schuster

Published Date

ISBN 10

0029046564

ISBN 13

9780029046562

Church and State

Documents Decoded

By: David K. Ryden,Jeffrey J. Polet

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Church and State

Documents Decoded

By: David K. Ryden,Jeffrey J. Polet

This thoroughly annotated document collection gives students and researchers an authoritative source for understanding the evolving political and legal relationship between church and state from colonial times to the present day. The First Amendment to the Constitution of the United States declares that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The Establishment Clause, meanwhile, declares a position of neutrality not only between differing religions, but between religious and nonreligious beliefs. The terms of the Free Exercise Clause, however, provide special protections to religious belief and practice. Thus the provisions of the two clauses can clash. In fact, differing political and legal interpretations of these clauses have resulted in some of the most hard-fought and contentious philosophical battles in American history. This book provides readers with convenient access to pertinent documents and court cases that enables a deeper understanding of the past and current balance between church and state and its political implications in the 21st century. The expert commentary that accompanies these key documents serves to elucidate how interpretation of the U.S. Constitution affects issues such as whether public funds or other public support should go to religious-based schools or hospitals; how to safeguard individuals' rights to religious expression while also considering how individuals should not be forced to participate in mandatory religious expressions in public institutions; and how the language regarding "separation of church and state" came about, when this phrase does not appear anywhere in the Constitution.

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297

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Bloomsbury Publishing USA

Published Date

ISBN 10

1610699491

ISBN 13

9781610699495

Rehabilitating Lochner

Defending Individual Rights against Progressive Reform

By: David E. Bernstein

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Rehabilitating Lochner

Defending Individual Rights against Progressive Reform

By: David E. Bernstein

In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.

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204

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University of Chicago Press

Published Date

ISBN 10

0226043185

ISBN 13

9780226043180

The Ballad and the Folk Pbdirect

By: David Buchan

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The Ballad and the Folk Pbdirect

By: David Buchan

The ballad is an enduring and universal literary genre. In this book, first published in 1972, David Buchan is concerned to establish the nature of a ballad and of the people who produced it through a study of the regional tradition of the Northeast of Scotland, the most fertile ballad area in Britain. His account of this tradition has two parallel aims, one specifically literary – to investigate the ballad as oral literature – and one broadly ethnographic – to set the regional tradition in its social context. Dr Buchan applies the interesting and important work which has recently been done on oral tradition in Europe on the relationship of the ballad to society to his study of this particular part of Scotland. He examines a nonliterate society to discover what factors besides nonliteracy helped foster its ballad tradition. He analyses the processes of composition and transmission in the oral ballad, and considers the changes which removed nonliteracy, altered social patterns, and seriously affected the ballad tradition. By demonstrating how people who could neither read nor write were able to compose literature of a high order, David Buchan provides a convincing explanation of the ballad’s perennial appeal and an answer to the ‘ballad enigma’. His book is also a valuable study in social history of this culturally distinct region, the Northeast of Scotland.

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343

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Routledge

Published Date

ISBN 10

1317552903

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9781317552901

Pursuit of Justices

Presidential Politics and the Selection of Supreme Court Nominees

By: David Alistair Yalof

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Pursuit of Justices

Presidential Politics and the Selection of Supreme Court Nominees

By: David Alistair Yalof

Yalof takes the reader behind the scenes of what happens before the Senate hearings to show how presidents decide who will sit on the highest court in the land. He draws on the papers of 7 modern presidents and firsthand interviews with key figures.

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312

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University of Chicago Press

Published Date

ISBN 10

0226945464

ISBN 13

9780226945460

Book's by David Souter

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