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

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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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Editorial Reviews

Library Journal
Most Americans don't understand what judges do. Yet they are ready to comment on the latest instance of any perceived example of judicial wrongdoing. O'Brien (government, Univ. of Virginia) believes that one way to improve the quality of our public discussion about the proper place of the judiciary is to read what judges have to say about their jobs and the judicial process. In a remarkable collection of writings by a wide range of judgessome well known, some more reclusiveopinions are expressed about a number of court-related topics: the dynamics of the judicial process, the relationship of judges to the Constitution, the nature of our constitutional system, and the place of judges in a litigious society. As only two examples, former Robert Bork writes of tradition and morality in the common law, and Richard Posner presents the case against strict constructionism. This book should appeal to both scholars and the informed reading public. Recommended for public and academic libraries.Jerry E. Stephens, U.S. Court of Appeals Lib., Oklahoma City
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Product Details

  • ISBN-13: 9780872899513
  • Publisher: Congressional Quarterly, Inc.
  • Publication date: 9/18/2008
  • Edition description: Older Edition
  • Edition number: 3
  • Pages: 338
  • Product dimensions: 6.00 (w) x 8.90 (h) x 0.70 (d)

Table of Contents

Preface
Acknowledgments
Pt. I Judicial Review and American Politics: Historical and Political Perspectives
Introduction 1
1 The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury 7
2 The Supreme Court in the American System of Government 20
Pt. II The Dynamics of the Judicial Process
Introduction 29
3 The Path of Law 51
4 Advice and Consent in Theory and Practice 58
5 The Adversary Judge: The Experience of the Trial Judge 68
6 What I Ate for Breakfast and Other Mysteries of Judicial Decision Making 76
7 Whose Federal Judiciary Is It Anyway? 82
8 What Really Goes on at the Supreme Court 88
9 The Supreme Court's Conference 92
10 Deciding What to Decide: The Docket and the Rule of Four 96
11 The Role of Oral Argument 104
12 Precedent and Policy: Judicial Opinions and Decision Making 108
Pt. III The Judiciary and the Constitution
Introduction 119
13 The Notion of a Living Constitution 124
14 A Relativistic Constitution 135
15 The Jurisprudence of Judicial Restraint: A Return to the Moorings 146
16 Tradition and Morality in Constitutional Law 158
17 What Am I, a Potted Plant? The Case Against Strict Constructionism 165
18 Originalism: The Lesser Evil 170
19 The Constitution: A Living Document 178
20 The Constitution of the United States: Contemporary Ratification 183
21 Speaking in a Judicial Voice: Reflections on Roe v. Wade 194
22 Our Democratic Constitution 201
23 Against Constitutional Theory 216
24 The Two Faces of Judicial Activism 225
Pt. IV The Judiciary and Federal Regulation: Line Drawing and Statutory Interpretation
Introduction 239
25 Some Reflections on the Reading of Statutes 247
26 What Does Legislative History Tell Us? 256
Pt. V Our Dual Constitutional System: The Bill of Rights and the States
Introduction 265
27 The Bill of Rights 271
28 Guardians of Our Liberties - State Courts No Less than Federal 279
29 First Things First: Rediscovering the States' Bills of Rights 287
30 State Courts at the Dawn of a New Century: Common Law Courts Reading Statutes and Constitutions 295
App. A Selected Bibliography of Off-the-Bench Commentaries 305
App. B Time Chart of Members of the Supreme Court of the United States 324
About the Editor 329
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