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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.
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
|Judicial Review and American Politics: Historical and Political Perspectives|
|The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury||p. 19|
|The Supreme Court in the American System of Government||p. 33|
|The Two Faces of Judicial Activism||p. 42|
|The Dynamics of the Judicial Process|
|Advice and Consent in Theory and Practice||p. 83|
|The "Fight" Theory versus the "Truth" Theory||p. 93|
|The Adversary Judge: The Experience of the Trial Judge||p. 97|
|The Business of the U.S. District Courts||p. 106|
|What I Ate for Breakfast and Other Mysteries of Judicial Decision Making||p. 115|
|Whose Federal Judiciary Is It Anyway?||p. 121|
|What Really Goes on at the Supreme Court||p. 127|
|The Supreme Court's Conference||p. 131|
|Deciding What to Decide: The Docket and the Rule of Four||p. 135|
|The Role of Oral Argument||p. 144|
|The Dissent: A Safeguard of Democracy||p. 149|
|The Judiciary and the Constitution|
|Commentaries on the Constitution of the United States||p. 163|
|The Path of Law||p. 171|
|The Judge as a Legislator||p. 178|
|The Notion of a Living Constitution||p. 182|
|A Relativistic Constitution||p. 193|
|The Jurisprudence of Judicial Restraint: A Return to the Moorings||p. 205|
|Tradition and Morality in Constitutional Law||p. 216|
|What Am I, a Potted Plant? The Case Against Strict Constructionism||p. 223|
|Originalism: The Lesser Evil||p. 228|
|The Constitution: A Living Document||p. 244|
|The Constitution of the United States: Contemporary Ratification||p. 249|
|On Constitutional Interpretation||p. 261|
|Speaking in a Judicial Voice: Reflections on Roe v. Wade||p. 269|
|Our Democratic Constitution||p. 276|
|Against Constitutional Theory||p. 291|
|Our Dual Constitutional System: The Bill of Rights and the States|
|The Bill of Rights||p. 307|
|Guardians of Our Liberties-State Courts No Less Than Federal||p. 315|
|First Things First: Rediscovering the States' Bills of Rights||p. 324|
|What Does-and Does Not-All State Constitutional Law||p. 332|
|Constitution of the United States, Article III||p. 345|
|The Federalist No. 78, Alexander Hamilton||p. 347|
|Selected Bibliography of Off-the-Bench Commentaries||p. 353|
|Time Chart of Members of the Supreme Court of the United States||p. 377|
|About the Editor||p. 381|
|Table of Contents provided by Ingram. All Rights Reserved.|