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9780195122596

The Burger Court Counter-Revolution or Confirmation?

by
  • ISBN13:

    9780195122596

  • ISBN10:

    0195122593

  • Format: Hardcover
  • Copyright: 1998-09-10
  • Publisher: Oxford University Press

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Summary

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.

Author Biography


The highly esteemed legal scholar Bernard Schwartz (1923-1997) was a member of the Law Faculty at New York University for forty-five years before retiring in 1992 as the Edwin D. Webb Professor of Law. Thereafter he was appointed Chapman Distinguished Professor of Law at the University of Tulsa, the post he held until his death. He was the author or editor of over sixty books, and wrote hundreds of articles over the span of a brilliant and influential career.

Table of Contents

Contributors xi
1. Introduction
3(6)
James B. O'Hara
2. My Life on the Court
9(4)
William J. Brennan, Jr.
3. The Players and the Play
13(44)
Robert Henry
I. THE CONSTITUTIONAL CORPUS 57(132)
4. The Burger Court's Place on the Bell Curve of Racial Jurisprudence
57(9)
Derrick Bell
5. Women as Constitutional Equals: The Burger Court's Overdue Evolution
66(17)
Stephanie K. Seymour
6. Liberty and Sexuality
83(10)
David J. Garrow
7. Freedom of Speech
93(15)
Bernard Schwartz
8. Freedom of the Press
108(11)
Anthony Lewis
9. Church and State
119(12)
Robert F. Drinan, S.J
10. The Burger Court and Criminal Justice: A Counter-Revolution in Expectations
131(16)
Martin H. Belsky
11. Economic Rights
147(26)
Lino A. Graglia
12. Federalism
173(16)
Shirley S. Abrahamson
Thomas N. Hilbink
II A BROADER PERSPECTIVE 189
13. Chief Justice Warren E. Burger and the Legal Profession
189(14)
Jerome J. Shestack
14. The Burger Court in Historical Perspective: The Triumph of Country-Club Republicanism
203(13)
Mark Tushnet
15. A Journalist's Perspective
216(6)
Tony Mauro
16. A Public Interest Lawyer's Perspective
222(22)
Alan B. Morrison
17. The Court and State Constitutional Law
244(17)
Stewart G. Pollock
18. The Burger Court in Action
261(12)
Bernard Schwartz
19. International Impact
273(13)
Finn Backer
20. The Burger Court: A Critique
286(19)
Joseph M. McLaughlin
21. The Legacy of the Burger Court
305
John J. Gibbons

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

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