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Author: Mark V. Tushnet Publisher: W. W. Norton & Company ISBN: 9780393058680 Category : Constitutional law Languages : en Pages : 392
Book Description
In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.
Author: Mark V. Tushnet Publisher: W. W. Norton & Company ISBN: 9780393058680 Category : Constitutional law Languages : en Pages : 392
Book Description
In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.
Author: Michael J. Graetz Publisher: Simon and Schuster ISBN: 1476732515 Category : History Languages : en Pages : 480
Book Description
The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.
Author: Tinsley E. Yarbrough Publisher: Oxford University Press, USA ISBN: 0195146034 Category : Biography & Autobiography Languages : en Pages : 321
Book Description
Thoughtful, wide-ranging, and intelligently written, this volume is an insightful look at the Rehnquist Court and its impact on law and American life.
Author: John A. Jenkins Publisher: Public Affairs ISBN: 1586488872 Category : Biography & Autobiography Languages : en Pages : 370
Book Description
Follows Rehnquist's career as a young lawyer in Arizona through his journey to Washington though the Warren and Burger courts to his twenty-year tenure as a Supreme Court Chief Justice who favored government power over individual rights.
Author: Christopher E. Smith Publisher: Lexington Books ISBN: 0739140825 Category : Law Languages : en Pages : 325
Book Description
This book examines the criminal justice decisions of the Rehnquist Court era through analyses of individual justices' contributions to the development of law and policy. The Rehnquist Court era (1986-2005) produced a period of opportunity for the U.S. Supreme Court's judicial conservatives to reshape constitutional law concerning rights in the criminal justice process. It was an era in which the Court produced many hotly-debated decisions concerning such issues as capital punishment, search and seizure, police interrogations, and prisoners' rights. The Court's most conservative justice, William H. Rehnquist, ascended to the key leadership position of Chief Justice and he was joined on the Court by two new appointees, Antonin Scalia and Clarence Thomas, who were equally supportive of both greater authority for police and limited definitions of constitutional rights for suspects, defendants, and criminal offenders. The Rehnquist Court era decisions refined and narrowed many of the rights-expanding decisions of the Warren Court era (1953-1969). However, the Supreme Court did not ultimately eliminate the Warren era's foundational rights concepts in criminal justice, such as the exclusionary rule and Miranda warnings. As the leading liberal voices of the Warren era, William Brennan and Thurgood Marshall, retired early in the Rehnquist era, the Court experienced continued advocacy of broad conceptions for many rights through the increased assertiveness of Republican appointees Harry Blackmun, John Paul Stevens, and David Souter as well as the arrival of new Democratic appointees Ruth Bader Ginsburg and Stephen Breyer. In many important cases, the justices advocating the preservation of constitutional protections could prevail, even on a generally conservative Court, by persuading one or more of President Ronald Reagan's appointees to support a particular right for suspects and defendants. Sandra Day O'Connor and Anthony Kennedy, in particular, shaped outcomes within a divided Court as they determined which of the Court’s wings with which they would align in a particular case. The contributors to this volume identify and highlight the unique perspectives and influential decisions of individual justices as the means for understanding the Rehnquist Court’s imprint on criminal justice.
Author: Mary Vogel Publisher: Routledge ISBN: 1000155358 Category : Social Science Languages : en Pages : 0
Book Description
Why has crime dropped while imprisonment grows? This well-edited volume of ground-breaking articles explores criminal justice policy in light of recent research on changing patterns of crime and criminal careers. Highlighting the role of conservative social and political theory in giving rise to criminal justice policies, this innovative book focuses on such policies as ‘three strikes (two in the UK) and you’re out’, mandatory sentencing and widespread incarceration of drug offenders. It highlights the costs - in both money and opportunity - of increased prison expansion and explores factors such as: labour market dynamics the rise of a ‘prison industry’ the boost prisons provide to economies of underdeveloped regions the spreading political disenfranchisement of the disadvantaged it has produced. Throughout this book, hard facts and figures are accompanied by the faces and voices of the individuals and families whose lives hang in the balance. This volume, an essential resource for students, policy makers and researchers of criminology, criminal justice, social policy and criminal law, uses a compelling inter-play of theoretical works and powerful empirical research to present vivid portraits of individual life experiences.
Author: Christopher P. Banks Publisher: Rowman & Littlefield ISBN: 0742535045 Category : Law Languages : en Pages : 363
Book Description
Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation
Author: William H. Rehnquist Publisher: Vintage ISBN: 0307424693 Category : Political Science Languages : en Pages : 289
Book Description
William H. Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security. "A highly original account of the proper role of the Supreme Court, a role that makes most sense in times of war, but that has its attractions whenever the Court is embroiled in great social controversies." --The New Republic Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future.
Author: Mark V. Tushnet
Author: Mark V. Tushnet
Author: Michael J. Graetz
Author: Tinsley E. Yarbrough
Author: John A. Jenkins
Author: 
Author: Craig Bradley
Author: Christopher E. Smith
Author: Mary Vogel
Author: Christopher P. Banks
Author: William H. Rehnquist