Earl Warren and the Warren Court: The Legacy in American and Foreign Law

by Melissa Cully Anderson (Contribution by), Bruce E. Cain (Contribution by), Jesse H. Choper (Contribution by), Javier A. Couso (Contribution by), Malcolm Feeley (Contribution by)

Overview

Earl Warren and the Warren Court comprises essays written by leading experts from the fields of law, history, and social science on the most important areas of the Warren Court's contributions in American law. In addition, Scheiber includes appraisals of the Warren Court's influence abroad, written by authorities of legal development in Europe, Latin America, Canada, and East Asia. This book offers a unique set of analyses that portray how innovations in American law generated by the Warren Court led to a reconsideration of law and the judicial role—and in many areas of the world, to transformations in judicial procedure and the advancement of substantive human rights. Also explored within these pages are the personal role of Earl Warren in the shaping of "Warren era" law and the ways in which his character and background influenced his role as Chief Justice.

Product Details

ISBN-13:	9780739116357
Publisher:	Bloomsbury Academic
Publication date:	11/27/2006
Edition description:	New Edition
Pages:	380
Product dimensions:	6.00(w) x 9.00(h) x 0.85(d)

About the Author

Harry N. Scheiber is Stefan A. Riesenfeld Professor of Law and History on the Boalt Hall faculty at UC Berkeley.

Table of Contents

Chapter 1 Introduction: The Warren Court, American Law, and Modern Legal Cultures
Part 2 Doctrines: Questions of Equality and Liberty
Chapter 3 Venturing onto the Path of Equal Representation: The Warren Court and Redistricting
Chapter 4 The Black Basis of Constitutional Development
Chapter 5 Race, Agency, and Equal Protection: A Retrospective on the Warren Court
Chapter 6 How Earl Warren's Twenty-Two Years in Law Enforcement Affected his Work as Chief Justice
Chapter 7 Corliss Lamont and the Postmaster General: A Synecdoche for the First Amendment in the Era of the Warren Court (1953-1969)
Chapter 8 The Early Hours of the Post-World War II Model of Constitutional Federalism: The Warren Court and the World
Part 9 Process: Judicial Style and Strategy
Chapter 10 The Warren Court and Congress
Chapter 11 Avoiding Constitutional Questions in the Early Warren Court: Judicial Craftsmanship and Statutory Interpretation
Part 12 Impact: The Legacy in Other Legal Systems
Chapter 13 The Seduction of Judicially Triggered Social Transformation: The Impact of the Warren Court in Latin America
Chapter 14 The Warren Court in East Asia: An Essay in Comparative Law
Chapter 15 The Impact of the Warren Court in Canada: A View from the Trenches
Chapter 16 Political Hero, Legal Dwarf? The Impact of the Warren Court in Europe
Chapter 17 An American Dilemma and the Scandanavian Dream: The Citizen Meets Modernity and the Strong Nation-State—A Study in Comparative Legal Cultures
Chapter 18 Afterword: Earl Warren—A Law Clerk's Memory of the Man and the Court

Editorial Reviews

The contributors to this collection take what has become in some ways a rather static discussion about the history of the Warren Court and open it up in illuminating, analytically powerful ways.

H-Net: Humanities and Social Science Reviews Online

Recommended.

Choice Reviews

The contributors to this collection take what has become in some ways a rather static discussion about the history of the Warren Court and open it up in illuminating, analytically powerful ways.

H-Net: Humanities and Social Science Reviews Online

This is an unusually fine and unhackneyed collection of essays on the work of the United States Supreme Court during the Earl Warren years, and the significance of that work for society and for the legal order. The chapters on the influence of Warren and his court outside the United States are an unusual and fascinating feature of this collection.

Lawrence M. Friedman

Recommended.

Choice

Recommended.

CHOICE

This is an unusually fine and unhackneyed collection of essays on the work of the United States Supreme Court during the Earl Warren years, and the significance of that work for society and for the legal order. The chapters on the influence of Warren and his court outside the United States are an unusual and fascinating feature of this collection.--Lawrence M. Friedman, Marion Rice Kirkwood Professor of Law, Stanford Law School

Much print has been spilled about the Warren Court "revolution," but this collection of essays is very much worth reading. It compiles the wisdom of an unusually diverse and talented group of legal writers, and it provides unique perspectives on the impact of the Warren Court abroad. Earl Warren and the Warren Court is an important contribution to the literature on the modern Supreme Court of the United States.--Stanley N. Katz, Princeton University

Recommended.--CHOICE

From the Publisher

These essays add up to a searching reappraisal of the Warren Court. While fully appreciating the great contributions of that Court to fair and equal treatment of America's minorities and pariahs, the authors also look with a clear and critical eye on the Court's limitations and failures. They challenge the common view that the Warren Court was radically "activist", showing that although the Court took the lead on many issues of civil rights and liberties, it worked alongside Congress and the executive and was cautious in challenging strongly held public opinions, though often naïve in failing to foresee how hostile public reactions to its decisions would be. The most original and fascinating chapters look at the reception of the Warren Court's work in foreign countries and legal cultures. Some foreign lawyers saw the Warren Court as a model of what judges should not do, "political" rather than "legal" decision-making. But many took inspiration from the Court's work to embolden constitutional review, public-interest law, and the protection of human rights in their own countries. These essays are thoughtful, reflective, and often startlingly novel work of high quality. They are a both a fine introduction to the Warren Court and a fresh source of new insight for those who think they know the subject well.

Robert W. Gordon

Much print has been spilled about the Warren Court "revolution," but this collection of essays is very much worth reading. It compiles the wisdom of an unusually diverse and talented group of legal writers, and it provides unique perspectives on the impact of the Warren Court abroad. Earl Warren and the Warren Court is an important contribution to the literature on the modern Supreme Court of the United States.

Stanley N. Katz