The Unpublished Opinions of the Warren Court

Overview

An important contribution to constitutional literature, this collection of ten unpublished decisions by the Warren Court puts the decision making process of the Supreme Court in a new light. By following the major changes that occur in each case from the circulation of tentative majority opinions to the final issuance of opinion, the book portrays how the justices communicate with each other and how they are influenced by each other's arguments. Interpretations and commentaries by the author illuminate the ...

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Overview

An important contribution to constitutional literature, this collection of ten unpublished decisions by the Warren Court puts the decision making process of the Supreme Court in a new light. By following the major changes that occur in each case from the circulation of tentative majority opinions to the final issuance of opinion, the book portrays how the justices communicate with each other and how they are influenced by each other's arguments. Interpretations and commentaries by the author illuminate the significance of each case and provide insight into the different judicial philosophies and personal styles of the justices. This book will be of substantial value to law schools, law libraries, bar associations, and lawyers practicing in the field of constitutional law.

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Editorial Reviews

From the Publisher
"Riveting history."—The New York Times Book Review

"The Unpublished Opinions of the Warren Court will be of wide interest and substantial value to the legal profession. I have read it with great interest and derived much enlightenment from it."—Telford Taylor, The Bernard N. Cardozo School of Law of Yeshiva University

"Presents a fascinating aspect of judicial history and is an important addition to constitutional literature."—Melvyn R. Durchslag, Case Western Reserve

"The Warren Court will be remembered, and judged, for what it did. Yet Bernard Schwartz's account of the opinions that never came down shows, better than most studies so far, how the Court worked and how its agenda developed. No student of the judicial process can afford to miss this."—Dennis J. Hutchinson, The University of Chicago

"Fascinating....A remarkable and beautifully written book."—Choice

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Product Details

  • ISBN-13: 9780195035636
  • Publisher: Oxford University Press, USA
  • Publication date: 9/28/1985
  • Pages: 480
  • Product dimensions: 6.38 (w) x 9.56 (h) x 1.34 (d)

Table of Contents

Introduction: The Warren Court and Its Members 3
1. Alton v. Alton (1954): Consensual Divorce Manque 22
2. Dayton v. Dulles (1958): "Faceless Informers" and Due Process 45
3. Perez v. Brownell and Trop v. Dulles (1958): Expatriation and Congressional Power 77
4. Kennedy v. Mendoza-Martinez (1963): Expatriation as Punishment 109
5. Bell v. Maryland (1964): Civil Rights versus Property Rights 143
6. Estes v. Texas (1965): Television in the Courtroom 191
7. Griswold v. Connecticut (1965): Penumbras and Privacy 227
8. Time, Inc. v. Hill (1967): Privacy Suits and the First Amendment 240
9. Shapiro v. Thompson (1969): Rational Basis, Compelling Interest, and Fundamental Rights 304
10. Maxwell v. Bishop (1969): The Death Penalty in the Warren Court 394
11. Brown v. Board of Education (1954, 1955): The Drafting Process in a Landmark Case 445
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