The Burger Court: Justices, Rulings, and Legacy

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A valuable analysis of the political environment, judicial records, and implications of rulings during the era of the Burger Court.
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Editorial Reviews

From the Publisher

"Yarbrough does a superb job of analyzing this era of the Supreme Court's history without overburdening the reader with legal philosophy or deep legal theory, making it easy to follow and understand. . . . Yarbrough has written an excellent book for any library, including public, academic, and law school libraries. The table of cases and chronology are very useful to anyone who needs a starting point for researching this court."


Law Library Journal

"A valuable reference book for undergraduate and public libraries. Law libraries may also wish to add this engrossing eulogy to their collections."


American Reference Books Annual

Warren Earl Burger served as chief justice of the U.S. Supreme Court from 1969 to 1986. The first part of this accessible reference<-- >intended for the general reader, but useful, perhaps, to the academic and legal communities<-->comprises four essays on the period, the justices, major decisions, and the legacy. The second section is devoted to reference materials and includes brief alphabetically arranged entries on key people, laws, and events; a chronolgy, a table of cases, a glossary, and an annotated bibliography. Yarbrough (East Carolina U.) is a widely published legal scholar. Annotation c. Book News, Inc., Portland, OR (
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Product Details

Table of Contents

Series Foreword xi
Preface xiii
Part 1 Justices, Rulings, and Legacy 1
1 The Burger Court and the Period 3
The Appointments 4
The Period 20
The Court 25
The Record 31
References 36
2 The Justices 37
Roosevelt Court Justices 37
Warren Court Holdovers 47
The Nixon Appointees 76
The Ford Appointment 99
The First Woman Justice 104
References 110
3 Major Decisions 111
The Scope of Judicial Power 111
Separation of Powers 117
Federalism 126
The Framework of Civil Liberties 131
The Intractable Abortion Issue 143
Equal Protection Doctrine 146
Equal Protection Issues 152
Freedom of Expression 161
Freedom of Religion 186
Criminal Justice 193
4 Legacy and Impact 209
Judicial Power 209
Separation of Powers 211
Federalism 212
Framework of Civil Liberties 213
Equal Protection Issues 216
Free Expression 219
Religious Liberty 225
Criminal Justice 228
The Chief Justice and His Court 232
Part 2 Reference Materials 235
Key People, Laws, and Events 237
American Bar Association, Committee on Federal Judiciary 237
Balanced Budget and Emergency Deficit Control Act (1985) 238
Bell, Griffin B. 238
Bork, Robert H. 239
Budget and Impounding Control Act (1974) 239
Carswell, G. Harrold 240
Carter, James Earl (Jimmy) 240
Civil Rights Act of 1866 241
Civil Rights Act of 1964 241
Civiletti, Benjamin 242
Committee on the Judiciary, U.S. Senate 242
Courts of Appeals, U.S. 243
Cox, Archibald 243
District Courts, U.S. 244
Eastland, James O. 244
Equal Rights Amendment (ERA) 245
Federal Election Campaign Act (1974, and as amended) 245
Ford, Gerald R. 246
Fortas, Abe 247
Griswold, Erwin N. 247
Haynsworth, Clement F., Jr. 248
Hruska, Roman Lee 249
Hyde Amendment 249
Iranian Hostage Crisis 250
Jackson, Robert H. 250
Jaworski, Leon 251
Johnson, Lyndon B. 251
Kleindienst, Richard G. 252
Lee, Rex 253
Legislative Veto 253
Levi, Edward H. 254
McCree, Wade H., Jr. 254
Meese, Edwin, III 255
Mitchell, John N. 255
National Court of Appeals 256
Nixon, Richard M. 257
Office of Legal Counsel 258
Presidential Recordings and Materials Preservation Act (1975) 258
Reagan, Ronald W. 259
Reynolds, William Bradford 260
Richardson, Elliot L. 261
Saxbe, William B. 262
Smith, William French 263
Solicitor General 264
Thurmond, Strom 264
Vietnam War 266
Voting Rights Act (1965, as amended) 266
War Powers Act (1973) 267
Warren, Earl 268
Watergate Scandal 278
Chronology 271
Table of Cases 293
Glossary 307
Annotated Bibliography 317
Index 325
About the Author 347
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