Judicial Activism

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Judicial Activism

1 .

The Least Dangerous Branch? Consequences of Judicial Activism
by Stephen P. Powers, Stanley Rothman. 222 pgs.

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Is the American judiciary still the "least dangerous branch," as Alexander Hamilton and legal scholar Alexander Bickel characterized it? Powers and Rothman explore the impact of the federal courts, providing a brief account of the development of constitutional law and an overview of the judiciary's impact in six controversial areas of public policy.

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Contents

Preface

Introduction: Hamilton, Bickel, Democracy, and the Courts

Chapter 1: Hamilton’s Wager and the Rise of Judicial Activism

Chapter 2: Brown, Busing, and the Consequences of Desegregation

Chapter 3: Affirmative Action and the Consequences of Racial Preference

Chapter 4: Prisoners’ Rights and the Consequences of Correctional Reform

Chapter 5: Mental Health and the Consequences of Deinstitutionalization

Chapter 6: The Courts and Criminal Procedure

Chapter 7: Courts, Voting Rights, and the Consequences of Racial Redistricting

Cases

Bibliography

Index

About the Authors
2 .

Overruling Democracy: The Supreme Court vs. the American People
by Jamin B. Raskin. 290 pgs.

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The current five-vote majority on the Supreme Court may be the most divisive, anti-democratic court in American history. No one expects the justices to be a-political, but to say that there is 'no Constitutional right to vote' as they did in Bush v. Gore, is to go against everything America stands for. Overruling Democracy disputes the majority's awful rulings on third parties, race, high schools and corporations.

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Acknowledgments

Chapter One: The Supreme Court and America's Democracy Deficit

Chapter Two: The Court Supreme

Chapter Three: Reading Democracy Out

Chapter Four: Unequal Protection

Chapter Five: America's Signature Exclusion

Chapter Six: "Arrogant Orwellian Bureaucrats"

Chapter Seven: Schooling for Democracy

Chapter Eight: Democracy and the Corporation

Chapter Nine: Unflagging Patriotism

Chapter Ten: Democracy Rising

Notes

Index
3 .

Leveraging the Law: Using the Courts to Achieve Social Change
by David A. Schultz. 354 pgs.

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Leveraging the Law: Using the Courts to Achieve Social Change

Acknowledgments

Contents

Introduction Courts and Law in American Society

Chapter 1 One Voice Among Many: the Supreme Court's Influence on Attentiveness to Issues in the United States, 1947-1992

Chapter 2 the Politics of Rights Revisited: Rosenberg, Mccann, and the New Institutionalism

Chapter 3 the Pro-Choice Legal Mobilization and Decline of Clinic Blockades

Chapter 4 Legal Functionalism and Social Change: a Reassessment of Rosenberg's the Hollow Hope

Chapter 5 the Supreme Court and Policy Reform: the Hollow Hope Revisited

Chapter 6 Knowledge and Desire: Thinking About Courts and Social Change

Chapter 7 Juricide

Chapter 8 Law and Political Struggles for Social Change: Puzzles, Paradoxes, and Promises in Future Research

About the Authors
4 .

The Activist Advocate: Policy Making in State Supreme Courts
by Charles S. Lopeman. 129 pgs.

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Lopeman examines the impact that advocacy of intentional judicial activism by a justice of a state supreme court can have on establishing the court as a policy maker. He examines the "attitudinal" model and the "judicial role" model of decision making and concludes that, while the attitudinal model might describe the decision-making process in the U.S. Supreme Court, the judicial role model better describes decision making in state supreme courts. This judicial role model allows the activist to transform a court into a policy maker.

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Preface

Acknowledgments

Chapter 1: Judicial Policy Making: an Overview

Notes

Notes

Chapter 3: West Virginia

Notes

Chapter 4: Ohio

Notes

Chapter 5: Idaho, Florida, and Pennsylvania

Notes

Chapter 6: Comparisons and Conclusions

Bibliographic Essay

Index

About the Author
5 .

Out of Order: Arrogance, Corruption, and Incompetence on the Bench (Chap. 4 "Juristocracy: The Unelected Legislature," Chap. 5 "Juristocracy II: Government by Decree," and Chap. 8 "Dethroning the Juristocracy: How to Deal with Judges Who Are Too Activist -- and with Those Not Activist Enough")
by Max Boot. 252 pgs.

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"Stripping away the cloaks of judicial folderol, Max Boot has uncovered the new cancer of capitalism -- the exploitation of the law to advance the interests of judges at the costs of business and the public. In scathing prose and detailed reporting, Boot rises to challenge the bench".

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Foreword

Introduction

Chapter 1 the Injudicious Judiciary: Judges Who Are Incompetent and Out of Control

Chapter 2 "Perverse Failures": Judges Who Don't Put Criminals Where They Belong

Chapter 3 Criminal Exoneration: Judges Who Let Lawbreakers off the Hook

Chapter 4 Juristocracy: The Unelected Legislature

Chapter 5 Juristocracy II: Government by Decree

Chapter 6 the Civil Injustice System: Judges Who Allow Outrageous Liability Awards

Chapter 7 Justice for Rent: Judges Who Are Ethically Challenged

Chapter 8 Dethroning the Juristocracy: How to Deal with Judges Who Are Too Activist -- and with Those Not Activist Enough

Notes

Acknowledgments

Index
6 .

Judges on Judging: Views from the Bench (Chap. 29 "The Two Faces of Judicial Activism")
by David M. O'Brien. 364 pgs.

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Acknowledgments

Contents

Preface

PART I Judicial Review and American Politics: Historical and Political Perspectives

1: The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury

NOTES

2: The Supreme Court in the American System of Government

PART II The Dynamics of the Judicial Process

3: Advice and Consent in Theory and Practice

4: The Adversary Judge: The Experience of the Trial Judge

5: What I Ate for Breakfast and Other Mysteries of Judicial Decision Making

6: Whose Federal Judiciary Is It Anyway?

7: What Really Goes On at the Supreme Court

8: The Supreme Court's Conference

9: Deciding What to Decide: The Docket and the Rule of Four

10: The Role of Oral Argument

11: Precedent and Policy: Judicial Opinions and Decision Making

12: The Office of the Chief Justice: Warren E. Burger and the Administration of Justice

Part III The Judiciary and the Constitution

13: The Notion of a Living Constitution

14: A Relativistic Constitution

15: The Jurisprudence of Judicial Restraint: A Return to the Moorings

16: Tradition and Morality in Constitutional Law

17: What Am I, a Potted Plant? The Case against Strict Constructionism

18: Originalism: The Lesser Evil

19: The Constitution: A Living Document

20: The Constitution of the United States: Contemporary Ratification

Part IV The Judiciary and Federal Regulation: Line Drawing and Statutory Interpretation

21: Some Reflections on the Reading of Statutes

22: What Does Legislative History Tell Us?

Part V Our Dual Constitutional System: The Bill of Rights and the States

23: The Bill of Rights

24: Guardians of Our Liberties --State Courts No Less Than Federal

25: First Things First: Rediscovering the States' Bills of Rights

26: Trends in the Relationship between the Federal and State Courts

Part VI The Judicial Role in a Litigious Society

27: The Role of the Courts in Contemporary Society

28: The Courts and Social Policy: Substance and Procedure

29: The Two Faces of Judicial Activism

Appendix A Selected Bibliography of Off-the-Bench Commentaries

Appendix B Time Chart of Members of the Supreme Court of the United States

Appendix C Jurisdictional Map of the U.S. Courts of Appeals and U.S. District Courts

Indexes

Court Case Index

About the Editor
7 .

Truman's Court: A Study in Judicial Restraint (Chap. One "Judicial Restraint versus Judicial Activism")
by Frances Howell Rudko. 168 pgs.

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"A concise, well-written examination by a lawyer-historian of the judicial restraint philosophies of President Truman's four appointees to the Supreme Court: Harold Burton, Fred Vinson, Tom Clark, and Sherman Minton. Rudko's analysis of the four men's opinions in criminal procedure, loyalty-security, racial discrimination, and alien rights cases show that Truman was far more successful than most presidents in choosing justices whose view of the judicial role matched his own." Choice

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CONTENTS

Preface

NOTES

INTRODUCTION

NOTES

One Judicial Restraint Versus Judicial Activism

NOTES

Two: THE TRUMAN LEGACY

NOTES

Three Burton's Tenure on the Court

NOTES

Four Vinson's Tenure on the Court

NOTES

Five Clark's Tenure on the Court

NOTES

Six Minton's Tenure on the Court

NOTES

Seven Conclusion

NOTES

BIBLIOGRAPHY

INDEX

About the Author
8 .

Activism and Restraint on the Rehnquist Court: Timing, Sequence, and Conjuncture in Constitutional Development, in Polity
by Thomas M. Keck. 32 pgs.

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9 .

A Conservative Case for Judicial Activism, in Public Interest
by David P. Bryden. 15 pgs.

Magazine Article

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10 .

One Man's Activist: What Republicans Really Mean When They Condemn Judicial Activism, in Washington Monthly
by Herman Schwartz. 4 pgs.

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11 .

The Constitution and the Courts: A Question of Legitimacy, in Harvard Journal of Law & Public Policy
by James L. Buckley. 14 pgs.

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12 .

Keeping Legal History "Legal" and Judicial Activism in Perspective: A Reply to Richard Pildes, in Constitutional Commentary
by Charles A. Heckman. 20 pgs.

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13 .

Judicial Legislation: A Study in American Legal Theory
by Fred V. Cahill. 164 pgs.

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Title Page

Preface

Acknowledgments

Contents

Chapter 1: Introduction

Chapter 2: Oliver Wendell Holmes

Chapter 3: Judicial Review and Judicial Legislation

Chapter 4: Sociological Jurisprudence

Chapter 5: Legal Realism: the Beginning

Chapter 7: Legal Realism: the Criticism And Restatement

Chapter 8: Conclusion

Index
14 .

The Judiciary: The Supreme Court in the Governmental Process (Chap. 2 "Courts and Public Policy: Personnel, Judicial Review, and Activism vs. Restraint")
by Henry J. Abraham. 260 pgs.

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Title Page

Contents

Preface

1: American Courts in Practice

Endnotes

2: Courts and Public Policy: Personnel, Judicial Review, and Activism Vs. Restraint

Endnotes

3: Fundamental Freedoms: Basic Considerations

Endnotes

4: Fundamental Freedoms: Religion, Expression, and Racial, Sexual, and Political Equality

Endnotes

For Further Reading

Appendix a Statistical Data on Supreme Court Justices

Appendix B the Constitution of the United States of America

Endnotes

Case Index

Subject Index
15 .

Abortion Controversy in Canada and the United States, in Canadian-American Public Policy (Includes "Judicial Activism and Restraint")
by Raymon Tatalovich. 39 pgs.

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