The Burger Court

Counter-Revolution or Confirmation?

Author: the late Bernard Schwartz

Publisher: Oxford University Press

ISBN: 9780195352733

Category: Law

Page: 328

View: 1759

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Warren E. Burger served as Chief Justice of the Supreme Court from 1969 to 1987, an often tumultuous period in which the Court wrestled with several compelling constitutional issues. United States v. Nixon set the stage for the resignation of a President; Roe v. Wade created a nationwide debate that is as divisive today as ever before; Lemon v. Kurtzman attempted to enunciate a clear standard for vexing church-state issues; and the "Pentagon Papers" case was a landmark freedom-of-the-press decision. An impressive collection of writings by legal scholars and practitioners, including many by people who worked directly or indirectly with the Court itself, The Burger Court is the first truly systematic review of the Court's activity during Warren Burger's tenure. Such distinguished contributors as Derrick Bell, Robert Drinan, Anthony Lewis, and Mark Tushnet review individual cases and jurisprudential trends in order to render comprehensive judgments of the Court's accomplishments and shortcomings. The essays in this volume were gathered by the late Bernard Schwartz, one of America's most revered scholars of constitutional law and the editor of this book's well-received predecessor, The Warren Court: A Retrospective (OUP, 1996). As the finest overview to date of this Court's legacy and significance, The Burger Court will greatly interest anyone with a taste for constitutional issues or recent American history.
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The Burger Court

Counter-revolution Or Confirmation?

Author: Bernard Schwartz

Publisher: Oxford University Press on Demand

ISBN: 0195122593

Category: Law

Page: 316

View: 2237

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"Schwartz selected scholars, journalists, historians, and judges to present a view that is both composite and unique. From Garrow to Graglia, from Brennan to Bell, this book offers to practitioners, scholars, and jurists an examination of that most intriguing Court that separates the conflicting models of the Warren and Rehnquist benches."--Robert Henry
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The Rehnquist Court

A Retrospective

Author: Martin H. Belsky

Publisher: Oxford University Press on Demand

ISBN: 0195148398

Category: History

Page: 283

View: 7079

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In 1986, the Supreme Court's leading conservative, William H. Rehnquist was made Chief Justice. Almost immediately, legal scholars, practitioners, and pundits began questioning what his influence would be, and whether he would remake US constitutional corpus in his own image. This collected volume gathers together a distinguished group of scholars, journalists, judges, and practitioners to reflect on the fifteen-year impact of the Rehnquist Court.
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The Vinson Court

Justices, Rulings, and Legacy

Author: Michal R. Belknap

Publisher: ABC-CLIO

ISBN: 1576072010

Category: Law

Page: 290

View: 4608

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Spanning the years from 1946 until 1953, the Vinson Court made the legal transition from World War II to the Korean War, and the outspoken justices Felix Frankfurter and Hugo Black helped shape its legacy. * Four narrative chapters on the justices, decisions, and legacy of the Vinson Court * 12 photographs and biographies of the justices who served on the Vinson Court
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Brown v. Board of Education

A Civil Rights Milestone and Its Troubled Legacy

Author: James T. Patterson

Publisher: Oxford University Press

ISBN: 0199880840

Category: History

Page: 320

View: 6736

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2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
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The Burger Court

The Counter-revolution that Wasn't

Author: Vincent Blasi

Publisher: N.A

ISBN: 9780300036206

Category: Political Science

Page: 326

View: 5044

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Discusses rulings of the Burger Court on freedom of the press, freedom of speech, poor people's rights, criminal investigation, family law, race discrimination, sex discrimination, labor law, antitrust law, etc.
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The Burger Court

Justices, Rulings, and Legacy

Author: Tinsley E. Yarbrough

Publisher: Abc-Clio Incorporated

ISBN: N.A

Category: Biography & Autobiography

Page: 346

View: 7459

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Explores the era, justices, key events, and decisions in landmark Supreme Court cases, and examines the impact of the Court under Chief Justic William Burger on religious liberty, civil liberties, abortion, and criminal justice.
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The Supreme Court

an essential history

Author: Peter Charles Hoffer,Williamjames Hoffer,N. E. H. Hull

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 491

View: 8336

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A definitive history of the U.S. Supreme Court details the evolution of the legal institution from the early days of the American Republic to the present day, offering profiles of the justices, the Court's years under each Chief Justice, its influence on American life, and the issues, cases, and decisions they handled from the perspective of the time in which they came before the Court.
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Mapp versus Ohio

Author: Carolyn Nestor Long

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 228

View: 9256

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Although she came to be known as merely "that girl with the dirty books," Dollree Mapp was a poor but proud black woman who defied a predominantly white police force by challenging the legality of its search-and-seizure methods. Her case, which went all the way to the Supreme Court, remains hotly debated and highly controversial today. In 1957, Cleveland police raided Mapp's home on a tip--from future fight promoter Don "the Kid" King--that they'd find evidence linked to a recent bombing. What they confiscated instead was sexually explicit material that led to Mapp's conviction for possessing "lewd and lascivious books"--a conviction that initially pitted Ohio police and judges against Mapp and the American Civil Liberties Union. At stake was not only the search-and-seizure question but also the "exclusionary rule" concerning the use of evidence not specified in a search warrant. Carolyn Long follows the police raid into Mapp's home and then chronicles the events that led to the Court's 5-4 ruling in Mapp v. Ohio (1961), which redefined the rights of the accused and set strict limits on how police could obtain and use evidence. Long traces the case through the legal labyrinth, discusses the controversies it created, and assesses its impact on police behavior, as well as subsequent prosecutions and convictions of the accused. She also analyzes Justice Tom Clark's creative use of Mapp's case to overturn Wolf v. Colorado, which had ruled that the Fourth Amendment's protection against unreasonable searches applied only to federal law, and presents Justice John Harlan's strong federalist-based dissent. As entertaining as it is informative, Long's book features a host of intriguingcharacters: Mapp, he seasoned and determined attorney, A. L. Kearns, and police sergeant Carl Delau, among others. Combined with her concise and insightful explanations of key legal principles--including the exclusionary rule itself--Long's deft narrate provides an ideal format for teachers and students in criminology, legal history, constitutional law, and political science, as well as anyone who loves a good story. The Mapp case is still much debated, especially in light of the recent reauthorization of the U.S. Patriot Act and the free rain given to law enforcement officers in matters of search and seizure. Long's compelling study thus poses important questions regarding privacy and individual rights that still matter today, even as it also illuminates one of the keystones of the Warren Court's criminal procedure revolution.
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