Judges On Judging: Views From the Bench, 3rd Edition / Edition 3

Judges On Judging: Views From the Bench, 3rd Edition / Edition 3

by David M Obrien
     
 

ISBN-10: 0872899519

ISBN-13: 9780872899513

Pub. Date: 09/18/2008

Publisher: Congressional Quarterly, Inc.

This fascinating collection captures the personal views of leading justices and judges on the judicial process, the function of judging, and the role of courts -- particularly the Supreme Court -- in our increasingly litigious society. It provides a uniquely intimate view of the judicial process, the dilemmas of deliberation and decision-making, and other matters…  See more details below

Overview

This fascinating collection captures the personal views of leading justices and judges on the judicial process, the function of judging, and the role of courts -- particularly the Supreme Court -- in our increasingly litigious society. It provides a uniquely intimate view of the judicial process, the dilemmas of deliberation and decision-making, and other matters about which court watchers and the general public usually can only speculate. No less important than the insights they offer about the operations of and the problems confronting courts, the selections make accessible contemporary justices' and judges' thinking about judicial activism and self-restraint, and the role of courts in the political process. The book contributes to the ongoing debate over off-the-bench commentaries and encourages readers to think about the qualities of judges -- their temperament, character, judicial philosophies, and political views -- as well as the role of courts in American politics.

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Product Details

ISBN-13:
9780872899513
Publisher:
Congressional Quarterly, Inc.
Publication date:
09/18/2008
Edition description:
Older Edition
Pages:
338
Product dimensions:
6.00(w) x 8.90(h) x 0.70(d)

Table of Contents

Preface
Acknowledgments
Pt. IJudicial Review and American Politics: Historical and Political Perspectives
Introduction1
1The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury7
2The Supreme Court in the American System of Government20
Pt. IIThe Dynamics of the Judicial Process
Introduction29
3The Path of Law51
4Advice and Consent in Theory and Practice58
5The Adversary Judge: The Experience of the Trial Judge68
6What I Ate for Breakfast and Other Mysteries of Judicial Decision Making76
7Whose Federal Judiciary Is It Anyway?82
8What Really Goes on at the Supreme Court88
9The Supreme Court's Conference92
10Deciding What to Decide: The Docket and the Rule of Four96
11The Role of Oral Argument104
12Precedent and Policy: Judicial Opinions and Decision Making108
Pt. IIIThe Judiciary and the Constitution
Introduction119
13The Notion of a Living Constitution124
14A Relativistic Constitution135
15The Jurisprudence of Judicial Restraint: A Return to the Moorings146
16Tradition and Morality in Constitutional Law158
17What Am I, a Potted Plant? The Case Against Strict Constructionism165
18Originalism: The Lesser Evil170
19The Constitution: A Living Document178
20The Constitution of the United States: Contemporary Ratification183
21Speaking in a Judicial Voice: Reflections on Roe v. Wade194
22Our Democratic Constitution201
23Against Constitutional Theory216
24The Two Faces of Judicial Activism225
Pt. IVThe Judiciary and Federal Regulation: Line Drawing and Statutory Interpretation
Introduction239
25Some Reflections on the Reading of Statutes247
26What Does Legislative History Tell Us?256
Pt. VOur Dual Constitutional System: The Bill of Rights and the States
Introduction265
27The Bill of Rights271
28Guardians of Our Liberties - State Courts No Less than Federal279
29First Things First: Rediscovering the States' Bills of Rights287
30State Courts at the Dawn of a New Century: Common Law Courts Reading Statutes and Constitutions295
App. ASelected Bibliography of Off-the-Bench Commentaries305
App. BTime Chart of Members of the Supreme Court of the United States324
About the Editor329

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