From the moment John Roberts, the chief justice of the United States, blundered through the Oath of Office at Barack Obama's inauguration, the relationship between the Supreme Court and the White House has been confrontational. Both men are young, brilliant, charismatic, charming, determined to change the course of the nation—and completely at odds on almost every major constitutional issue. One is radical; one essentially conservative. The surprise is that Obama is the conservative—a believer in incremental change, compromise, and pragmatism over ideology. Roberts—and his allies on the Court—seek to overturn decades of precedent: in short, to undo the ultimate victory FDR achieved in the New Deal.
This ideological war will crescendo during the 2011-2012 term, in which several landmark cases are on the Court's docket—most crucially, a challenge to Obama's controversial health-care legislation. With four new justices joining the Court in just five years, including Obama's appointees Sonia Sotomayor and Elena Kagan, this is a dramatically—and historically—different Supreme Court, playing for the highest of stakes.
No one is better positioned to chronicle this dramatic tale than Jeffrey Toobin, whose prize-winning bestseller The Nine laid bare the inner workings and conflicts of the Court in meticulous and entertaining detail. As the nation prepares to vote for President in 2012, the future of the Supreme Court will also be on the ballot.
Attorney and journalist Amy Bach spent eight years investigating the widespread courtroom failures that each day upend lives across America. What she found was an assembly-line approach to justice: a system that rewards mediocre advocacy, bypasses due process, and shortchanges both defendants and victims to keep the court calendar moving.
Here is the public defender who pleads most of his clients guilty with scant knowledge about their circumstances; the judge who sets outrageous bail for negligible crimes; the prosecutor who habitually declines to pursue significant cases; the court that works together to achieve a wrongful conviction. Going beyond the usual explanations of bad apples and meager funding, Ordinary Injustice reveals a clubby legal culture of compromise, and shows the tragic consequences that result when communities mistake the rules that lawyers play by for the rule of law. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible—the first and necessary step to reform.
- Fred Graham, former chief anchor Court TV
Have you ever had the chance to decide the fate of another person? What would you do? In the real-life cases presented to you in this book, you will be the judge and the jury - making the ultimate decision between right and wrong.Can you convict an abused woman who kills her husband because she is afraid he will beat her again? What about a man who helps his best friend commit suicide to avoid a painful death? Would you allow a feeding tube to be removed from a 92-year-old coma victim so she can die peacefully?
Put yourself in the place of the judge or one of the jurors as you read the details of each case. Many of these trials raise questions that go beyond the law to the heart of one's own moral code.
At the end of each case, after rendering your own verdict, you can read on to find out what really happened.
THE CASE IS NOW IN YOUR HANDS.
A perfect book for law students, lawyers, legal assistants, witnesses, expert witnesses, and anyone who wants to represent themselves in court, Nolo's Deposition Handbook provides all the information you need to sail through the deposition process with confidence. This edition contains updated statutes, cases, and rules -- plus, new material on "electronic discovery" which applies to information stored in computers, including records and emails.
From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution.
This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated.
Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.
Chief Justice Rehnquist’s engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall’s dominance of the Court during the early nineteenth century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society. The public often hears little about the Supreme Court until decisions are handed down. Here, Rehnquist reveals its inner workings--the process by which cases are chosen, the nature of the conferences where decisions are made, and the type of debates that take place. With grace and wit, this incisive history gives a dynamic and informative account of the most powerful court in the nation and how it has shaped the direction America has taken.
It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge.
To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations?
While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world.
Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
From the Hardcover edition.
Don Blankenship, head of Massey Energy since the early 1990s, ran an industry that provides nearly half of America's electric power. But wealth and influence weren't enough for Blankenship and his company, as they set about destroying corporate and personal rivals, challenging the Constitution, purchasing the West Virginia judiciary, and willfully disregarding safety standards in the company's mines—in which scores died unnecessarily.
As Blankenship hobnobbed with a West Virginia Supreme Court justice in France, his company polluted the drinking water of hundreds of citizens while he himself fostered baroque vendettas against anyone who dared challenge his sovereignty over coal mining country. Just about the only thing that stood in the way of Blankenship's tyranny over a state and an industry was a pair of odd-couple attorneys, Dave Fawcett and Bruce Stanley, who undertook a legal quest to bring justice to this corner of America. From the backwoods courtrooms of West Virginia they pursued their case all the way to the U.S. Supreme Court, and to a dramatic decision declaring that the wealthy and powerful are not entitled to purchase their own brand of law.
The Price of Justice is a story of corporate corruption so far-reaching and devastating it could have been written a hundred years ago by Ida Tarbell or Lincoln Steffens. And as Laurence Leamer demonstrates in this captivating tale, because it's true, it's scarier than fiction.
If the U.S. Supreme Court teaches us anything, it is that almost everything is open to interpretation. Almost. But what's inarguable is that, while the Court has witnessed a succession of larger-than-life jurists in its two-hundred-year-plus history, it has never seen the likes of Supreme Court Justice Antonin Scalia.
Combative yet captivating, infuriating yet charming, the outspoken jurist remains a source of curiosity to observers across the political spectrum and on both sides of the ideological divide. And after nearly a quarter century on the bench, Scalia may be at the apex of his power. Agree with him or not, Scalia is "the justice who has had the most important impact over the years on how we think and talk about the law," as the Harvard law dean Elena Kagan, now U.S. Solicitor General, once put it.
Scalia electrifies audiences: to hear him speak is to remember him; to read his writing is to find his phrases permanently affixed in one's mind. But for all his public grandstanding, Scalia has managed to elude biographers—until now. In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, the veteran Washington journalist Joan Biskupic presents for the first time a detailed portrait of this complicated figure and provides a comprehensive narrative that will engage Scalia's adherents and critics alike. Drawing on her long tenure covering the Court, and on unprecedented access to the justice, Biskupic delves into the circumstances of his rise and the formation of his rigorous approach to the bench. Beginning with the influence of Scalia's childhood in a first-generation Italian American home, American Original takes us through his formative years, his role in the Nixon-Ford administrations, and his trajectory through the Reagan revolution. Biskupic's careful reporting culminates with the tumult of the contemporary Supreme Court—where it was and where it's going, with Scalia helping to lead the charge.
Even as Democrats control the current executive and legislative branches, the judicial branch remains rooted in conservatism. President Obama will likely appoint several new justices to the Court—but it could be years before those appointees change the tenor of the law. With his keen mind, authoritarian bent, and contentious rhetorical style, Scalia is a distinct and persuasive presence, and his tenure is far from over. This new book shows us the man in power: his world, his journey, and the far-reaching consequences of the transformed legal landscape.
From the Trade Paperback edition.
uring Chief Justice Roberts’s first seven terms on the Supreme Court of the United States, he distinguished himself as a fair-minded jurist and a true constitutional scholar—a man seemingly committed to the rule of law and to core constitutional principles. That hard-earned distinction was turned on its head when, on June 28, 2012, the Chief Justice—writing for a five-to-four majority in National Federation of Independent Businesses v. Sebilius—essentially re-wrote key provisions of Obamacare in order to uphold the law, and allow it to be approved, in the face of a justified constitutional challenge.
Now United States Senator Mike Lee presents a conservative critique of this controversial ruling, and explains why John Roberts in particular was wrong to vote to preserve the act. In an attempt to be perceived as fair in the mainstream media, Roberts allowed himself to be swayed by outside influences -- influences to which a Supreme Court justice is supposed to be absolutely immune. Not only that, Senator Lee explains, Roberts conceded that much of the Obamacare act was unconstitutional; yet he instructed states simply to ignore those parts, instead of recognizing that those parts made the entire act invalid.
A smart, fair and evenhanded argument, Why John Roberts Was Wrong provides a definitive, concise argument against Obamacare.
This complete summary of “Men in Black” by Mark R. Levin, a prominent conservative lawyer and writer, explains the author’s criticism towards the Supreme Court. According to Levin, the court corrupts the original ideas of America’s founding fathers and the Constitution, and has too much authority within the government. He includes several pertinent case examples, meaning this book is sure to leave readers questioning the justice system.
Added-value of this summary:
• Save time
• Understand the role and power of the Supreme Court in America
• Expand your knowledge of American politics and judicial powers
To learn more, read “Men in Black” and discover the truth about what the Supreme Court really does for America.
---Malcolm M. Feeley, Claire Sanders Clements Dean's Professor, Boalt Hall School of Law, University of California at Berkeley
"Professor Geyh has written a wise and timely book that is informed by the author's broad and deep experience working with the judicial and legislative branches, by the insights of law, history and political science, and by an appreciation of theory and common sense."
---Stephen B. Burbank, David Berger Professor for the Administration of Justice, University of Pennsylvania Law School
With Congress threatening to "go nuclear" over judicial appointments, and lawmakers accusing judges of being "arrogant, out of control, and unaccountable," many pundits see a dim future for the autonomy of America's courts. But do we really understand the balance between judicial independence and Congress's desire to limit judicial reach? Charles Geyh's When Courts and Congress Collide is the most sweeping study of this question to date, and an unprecedented analysis of the relationship between Congress and our federal courts.
Efforts to check the power of the courts have come and gone throughout American history, from the Jeffersonian Congress's struggle to undo the work of the Federalists, to FDR's campaign to pack the Supreme Court, to the epic Senate battles over the Bork and Thomas nominations. If legislators were solely concerned with curbing the courts, Geyh suggests, they would use direct means, such as impeaching uncooperative judges, gerrymandering their jurisdictions, stripping the bench's oversight powers, or slashing judicial budgets. Yet, while Congress has long been willing to influence judicial decision-making indirectly by blocking the appointments of ideologically unacceptable nominees, it has, with only rare exceptions, resisted employing more direct methods of control. When Courts and Congress Collide is the first work to demonstrate that this balance is governed by a "dynamic equilibrium": a constant give-and-take between Congress's desire to control the judiciary and its respect for historical norms of judicial independence.
It is this dynamic equilibrium, Geyh says, rather than what the Supreme Court or the Constitution says about the separation of powers, that defines the limits of the judiciary's independence. When Courts and Congress Collide is a groundbreaking work, requiring all of us to consider whether we are on the verge of radically disrupting our historic balance of governance.
Charles Gardner Geyh is Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington. He has served as director of the American Judicature Society's Center for Judicial Independence, reporter to the American Bar Association Commission on Separation of Powers and Judicial Independence, and counsel to the Judiciary Committee of the U.S. House of Representatives.
Based on Supreme Court archives, the personal papers of justices and other figures at the Supreme Court, and interviews and written surveys with 150 former clerks, Sorcerers’ Apprentices is a rare behind-the-scenes look at the life of a law clerk, and how it has evolved since its nineteenth-century beginnings. Artemus Ward and David L. Weiden reveal that throughout history, clerks have not only written briefs, but made significant decisions about cases that are often unseen by those outside of justices' chambers. Should clerks have this power, they ask, and, equally important, what does this tell us about the relationship between the Supreme Court’s accountability to and relationship with the American public?
Sorcerers’ Apprentices not only sheds light on the little-known role of the clerk but offers provocative suggestions for reforming the institution of the Supreme Court clerk. Anyone that has worked as a law clerk, is considering clerking, or is interested in learning about what happens in the chambers of Supreme Court justices will want to read this engaging and comprehensive examination of how the role of the law clerk has evolved over its long history.
The book will help you figure out when you should fight your ticket and when you should just pay your fine, how to get your case dismissed, how to prepare your defense in traffic court, and whether you should appeal an unfavorable decision.
Fight Your Ticket & Win in California has been completely updated to reflect the most recent changes in California law and includes the forms you will need to fight your ticket in court.
You will learn about the Small Claims Court system and how to go about filing your complaint. You will also learn about how to prepare for your case, what to and what not to do in court and how to collect compensation from the individual or company you sue.
Table of ContentsWhat Are You Going To Learn?Your Main ObjectivesWhat If You Don’t Win in Small Claims Court?Research, Execute & PrepareWhat is a Small Claims Court?How Much Can You Sue for and When Can You File?Where to File?Some Additional Tips on Where to FileDon’t be Afraid of Making MistakesConsidering the Small Claims CourtTry to Resolve Your Issue on Your Own FirstHow to Resolve Your Issue?Make Google Your Best FriendSpend Time on the Company WebsiteWhy Is It Important to Research the Company Online?Make Your Intentions Clear & File a Complaint LetterThe Statute of LimitationsDo You Have a Case Worthy of Pursuit?Ready to File?Naming Companies & Individuals InvolvedExecution – The Nitty Gritty Grungy WorkWhere to Get Complaint Forms?Additional FormsWhat to Fill In the Plaintiff Section?What to Fill In the Defendant Section?Address the Complaint to Registered AgentsWhat Are You Seeking?Filing Your Complaint Paperwork & Dealing With ClerksWho Serves the Agent?What if the Defendant Ignores Your Efforts?Settling Your CaseDefault JudgmentGetting a Court DateWhat If the Defendant Sues You Back?Preparing For The JudgeAdvanced PreparationArranging Your WitnessesArranging for Court ReportersBefore You Leave the Court after Your First VisitWhat if You Have an Emergency on Your Hearing Date?Your Behavior in CourtWhat to Expect When Called to Present Your CaseWhat to Do When the Defendant Presents their Side?Concluding the Court HearingWhen Do You Find Out About the Decision?What If You Don’t Agree With the Court’s Decision?Appealing the Court’s DecisionWhat You Should Know About Appealing?Compensation OptionsConclusionNotes
With this comprehensive guide, you will get a complete run-through of everything you need to know before you submit your case to court. The book includes a checklist of things you need to look for before filing a claim, information on how the courts work, and all of the legal jargon âe" defined âe" that will be thrown during the process.
You will learn how to state a claim in formal documents and ultimately whether your case has a chance of winning before you file. Different approaches to more than 15 different kinds of small claims cases are provided, including breaches of contract, property damage, personal injury, defective products, breaches of warranty, and nuisance claims. The limitations on monetary compensation in small claims court are outlined for you, along with specific methods for how to calculate your own limit. You will learn how long you have to sue after an offense has occurred and how you can approach a settlement with the plaintiff outside of court. Different legal procedures for bringing legal action against individuals, couples, businesses, and corporations are provided. A detailed chapter about the various filing fees, needed court papers, and court schedules is also provided in this comprehensive book.
Based on hours of interviews with small claims court lawyers and successful defendants, an outline of the process is also included with information on how to get ready for court, prepare your witnesses, and what you can expect on the day you are to be in court. You will learn the difference between various judgments and what options you have after a verdict is reached. For anyone looking into the option of taking legal action against a person or business, this book is a necessary resource that will ensure you are both fully educated and prepared for the process.
Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company presidentâe(tm)s garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.
Howell shows that an appetite for power may not inform the original motivations of those who seek to become president. Rather, this need is built into the office of the presidency itself--and quickly takes hold of whoever bears the title of Chief Executive. In order to understand the modern presidency, and the degrees to which a president succeeds or fails, the acquisition, protection, and expansion of power in a president's political life must be recognized--in policy tools and legislative strategies, the posture taken before the American public, and the disregard shown to those who would counsel modesty and deference within the White House.
Thinking about the Presidency assesses how the search for and defense of presidential powers informs nearly every decision made by the leader of the nation. In a new preface, Howell reflects on presidential power during the presidency of Barack Obama.
In Justice for All, Jim Newton, an award-winning journalist for the Los Angeles Times, brings readers the first truly comprehensive consideration of Earl Warren, the politician-turned-Chief Justice who refashioned the place of the court in American life through landmark Supreme Court cases whose names have entered the common parlance -- Brown v. Board of Education, Griswold v. Connecticut, Miranda v. Arizona, to name just a few. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton explores a fascinating angle of U.S. Supreme Court history while illuminating both the public and the private Warren.
No right seems more fundamental to American public life than freedom of speech. Yet well into the twentieth century, that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Constitutional Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States.
Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, law professor Thomas Healy reconstructs in vivid detail Holmes's journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends.
Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.
A Kirkus Reviews Best Nonfiction Book of 2013
Unlike longer, more expensive competing works, The Dynamics of Law presents its subject with clarity and precision, and minimal use of legal terms. It offers clear explanations of how to brief a case and how statutes and regulations are codified in the United States. Study problems and review questions in each chapter, drawn from legal literature as well as general interest articles and books, are designed to stimulate classroom discussion.
Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.
Although the book ranges over a variety of traditional topics in federal jurisdiction, the focus is steady on federal judicial administration conceived of as an interdisciplinary approach emphasizing system rather than doctrine, statistics rather than impressions, and caseload rather than cases. Like the earlier edition, this book promises to be a landmark in the empirical study of judicial administration.
by Alexander Hamilton, James Madison, and John Jay
Originally published anonymously, The Federalist Papers first appeared in 1787 as a series of letters to New York newspapers exhorting voters to ratify the proposed Constitution of the United States. Still hotly debated, and open to often controversial interpretations, the arguments first presented here by three of America’s greatest patriots and political theorists were created during a critical moment in our nation’s history, providing readers with a running ideological commentary on the crucial issues facing a democracy.
Today The Federalist Papers are as important and vital a rallying cry for freedom as ever. This edition features the original eighteenth-century text, with James Madison’s fascinating marginal notations, as well as a complete text of the Constitution.
The Founders created a new cultural climate that gave wings to the human spirit. They built a free-enterprise culture to encourage industry and prosperity. They gave humanity the needed ingredients for a gigantic 5,000-year leap in which more progress has been made in the past 200 years than all of prior recorded human history. All of this came about because of 28 basic principles the Founders discovered, upon which all free nations must be built in order to succeed.
This eBook includes the original index, footnotes, table of contents and page numbering from the printed format, and also new illustrations.
The work is organized topically into four parts, within which the cases are organized chronologically from the nation's first court through the 1990s so that the reader can trace the progression of the Court's thinking on the issue. Part I focuses upon the separation and distribution of powers among the branches of government. Part II consists of cases that have been crucial in determining the relationship between the nation and its states, the concept of federalism, and regulation of the country's economy. Part III deals with the most important cases involving equality--race, gender, and fundamental rights. Part IV identifies landmark cases on individual rights and liberties--freedom of speech, association, press and other media, religion, search and seizure, self-incrimination, right to counsel, cruel and unusual punishment, economic rights, and the right to privacy. Each part begins with an overview of the issues raised by the cases discussed. A glossary of legal terms, a table of cases, and a handy text of the Constitution will help the student researcher. This work is ideal for the high school library and classroom.
Overall, the Supreme Court has become increasingly assertive in reviewing congressional power to regulate in areas that fall within the historical province of the states. This work engenders an appreciation for how constitutional power, rights, and liberties are not a constant over time but works in progress that are subject to the ebb and flow of judicial philosophy. Written for a general audience and particularly accessible for non-law school students and non-lawyers, fact and summary boxes provide quick insight and understanding of cases. Entries include Craig v. Boren (1976), Illinois v. Gates (1983), Immigration and Naturalization Service v. Chadha (1983), Reno v. American Civil Liberties Union (1992), United States v. Virginia (1996), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), Hamdi v. Rumsfeld (2004), and many others. In addition, a glossary defines key terms.
• Article, “The (Non)Finality of Supreme Court Opinions,” by Richard J. Lazarus
• Book Review, “The Laws of Capitalism,” by David Singh Grewal
• Note, “Citizens United at Work: How the Landmark Decision Legalized Political Coercion in the Workplace”
• Note, “Data Mining, Dog Sniffs, and the Fourth Amendment”
• Note, “Nonbinding Bondage”
The issue includes In Memoriam contributions about the life, scholarship, and teaching of John H. Mansfield. The contributors are Anthony D'Amato, Robert W. Gordon, Martha Minow, Frederick Schauer, and James A. Sonne.
In addition, the issue features student commentary on Recent Cases and policy papers, including such subjects as internet law and privacy, Fourth Amendment right to deletion, state action and credit card fees, antitrust law and foreign trade, applicability of Seventh Amendment to states and commonwealths, free speech and tour guide licensing in D.C., labor law and sexual harassment claims, and gender crimes in international criminal law. Finally, the issue includes several summaries of Recent Publications.
The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is December 2014, the second issue of academic year 2014-2015 (Volume 128).
In Chambers offers a variety of perspectives on the unique experience of Supreme Court clerks. Former law clerks—including Alan M. Dershowitz, Charles A. Reich, and J. Harvie Wilkinson III—write about their own clerkships, painting vivid and detailed pictures of their relationships with the justices, while other authors write about the various clerkships for a single justice, putting a justice's practice into a broader context. The book also includes essays about the first African American and first woman to hold clerkships. Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.
Drawing on a nationally representative survey, James Gibson and Gregory Caldeira use the Alito confirmation fight as a window into public attitudes about the nation's highest court. They find that Americans know far more about the Supreme Court than many realize, that the Court enjoys a great deal of legitimacy among the American people, that attitudes toward the Court as an institution generally do not suffer from partisan or ideological polarization, and that public knowledge enhances the legitimacy accorded the Court. Yet the authors demonstrate that partisan and ideological infighting that treats the Court as just another political institution undermines the considerable public support the institution currently enjoys, and that politicized confirmation battles pose a grave threat to the basic legitimacy of the Supreme Court.
For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.