9781452227832

Judges on Judging

by
  • ISBN13:

    9781452227832

  • ISBN10:

    1452227837

  • Edition: 4th
  • Format: Paperback
  • Copyright: 10/2/2012
  • Publisher: Cq Pr

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Summary

Thoroughly revised and updated for this fourth edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features off-the-bench writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional and statutory interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.

Author Biography

David M. O'Brien is Leone Reaves and George W. Spicer Professor of Government and Foreign Affairs at the University of Virginia. He has served as a Judicial Fellow and a research associate in the Office of the Administrative Assistant to the Chief Justice at the United States Supreme Court. He is author and co-author of numerous books, including To Dream of Dreams: Religious Freedom and Constitutional Politics in Postwar Japan (1996), Storm Center: The Supreme Court in American Politics, 9th Edition (2011)-which won the American Bar Association's Silver Gavel Award, the two-volume casebook, Constitutional Law and Politics, 8th Edition (2011), Animal Sacrifice Religious Freedom: Church of the Lukumi Babalu Aye v. City of Hialeah (2004), and the annual Supreme Court Watch.

Table of Contents

Prefacep. ix
Introductionp. 1
Judicial Review and American Politics: Historical and Political Perspectives
Introductionp. 13
The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marburyp. 19
The Supreme Court in the American System of Governmentp. 33
The Two Faces of Judicial Activismp. 42
The Dynamics of the Judicial Process
Introductionp. 57
Advice and Consent in Theory and Practicep. 83
The "Fight" Theory versus the "Truth" Theoryp. 93
The Adversary Judge: The Experience of the Trial Judgep. 97
The Business of the U.S. District Courtsp. 106
What I Ate for Breakfast and Other Mysteries of Judicial Decision Makingp. 115
Whose Federal Judiciary Is It Anyway?p. 121
What Really Goes on at the Supreme Courtp. 127
The Supreme Court's Conferencep. 131
Deciding What to Decide: The Docket and the Rule of Fourp. 135
The Role of Oral Argumentp. 144
The Dissent: A Safeguard of Democracyp. 149
The Judiciary and the Constitution
Introductionp. 155
Commentaries on the Constitution of the United Statesp. 163
The Path of Lawp. 171
The Judge as a Legislatorp. 178
The Notion of a Living Constitutionp. 182
A Relativistic Constitutionp. 193
The Jurisprudence of Judicial Restraint: A Return to the Mooringsp. 205
Tradition and Morality in Constitutional Lawp. 216
What Am I, a Potted Plant? The Case Against Strict Constructionismp. 223
Originalism: The Lesser Evilp. 228
Judgingp. 237
The Constitution: A Living Documentp. 244
The Constitution of the United States: Contemporary Ratificationp. 249
On Constitutional Interpretationp. 261
Speaking in a Judicial Voice: Reflections on Roe v. Wadep. 269
Our Democratic Constitutionp. 276
Against Constitutional Theoryp. 291
Our Dual Constitutional System: The Bill of Rights and the States
Introductionp. 301
The Bill of Rightsp. 307
Guardians of Our Liberties-State Courts No Less Than Federalp. 315
First Things First: Rediscovering the States' Bills of Rightsp. 324
What Does-and Does Not-All State Constitutional Lawp. 332
Constitution of the United States, Article IIIp. 345
The Federalist No. 78, Alexander Hamiltonp. 347
Selected Bibliography of Off-the-Bench Commentariesp. 353
Time Chart of Members of the Supreme Court of the United Statesp. 377
About the Editorp. 381
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