The Nine

Author: Jeffrey Toobin
Publisher: Anchor
ISBN: 0307472892
Format: PDF, Docs
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Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

The Nine Inside the Secret World of the Supreme Court

Author: Bestsellers - Books USA Press
Publisher:
ISBN:
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In The Nine, acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today. From the Trade Paperback edition. From Publishers Weekly It's not laws or constitutional theory that rule the High Court, argues this absorbing group profile, but quirky men and women guided by political intuition. New Yorker legal writer Toobin (The Run of His Life: The People v. O.J. Simpson) surveys the Court from the Reagan administration onward, as the justices wrestled with abortion, affirmative action, the death penalty, gay rights and church-state separation. Despite a Court dominated by Republican appointees, Toobin paints not a conservative revolution but a period of intractable moderation. The real power, he argues, belonged to supreme swing-voter Sandra Day O'Connor, who decided important cases with what Toobin sees as an almost primal attunement to a middle-of-the-road public consensus. By contrast, he contends, conservative justices Rehnquist and Scalia ended up bitter old men, their rigorous constitutional doctrines made irrelevant by the moderates' compromises. The author deftly distills the issues and enlivens his narrative of the Court's internal wranglings with sharp thumbnail sketches (Anthony Kennedy the vain bloviator, David Souter the Thoreauvian ascetic) and editorials (inept and unsavory is his verdict on the Court's intervention in the 2000 election). His savvy account puts the supposedly cloistered Court right in the thick of American life. (A final chapter and epilogue on the 2006–2007 term, with new justices Roberts and Alito, was unavailable to PW.) (Sept. 18) Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved. From Bookmarks Magazine The Nine is a welcome addition to the spate of recent Supreme Court histories (see Jan Crawford Greenburg's Supreme Conflict, 1/2 May/June 2007). Informative and authoritative, Jeffrey Toobin's account draws on exclusive interviews with the principals (one critic cited a possible breach of secrecy) and offers colorful anecdotes about the members of the Court. The most important parts of the book explore Sandra Day O'Connor's critical swing votes, Clinton's impeachment hearings, and the Court's role in Bush v. Gore. "The tragedy," Toobin concludes, "was not that it led to Bush's victory, but the inept and unsavory manner that the justices exercised their power." Only David J. Garrow, a Supreme Court historian, faulted Toobin's "debatable opinions" and disdain for various justices. Well written, though chronologically disjointed, The Nine *is, overall, a timely and important examination of the Court's past-and its future. Copyright © 2004 Phillips & Nelson Media, Inc.

Experiential Legal Writing

Author: Diana Donahoe
Publisher: Wolters Kluwer Law & Business
ISBN: 1454831669
Format: PDF, ePub
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Experiential Legal Writing: Analysis, Process, and Documents discusses the documents first-year law students are introduced to, including memos, briefs, and client letters, as well as documents that are used in upper-class courses, such as scholarly writing and pleadings. Based on the online legal writing materials available at TeachingLaw, this straightforward text is designed to be used either as an aid to instructors and students working in the electronic environment of TeachingLaw or on its own as a primary or supplementary textbook. Covering the entirety of the writing process, from analysis to citation form, this text Offers a clear instructional approach to legal analysis, legal documents, and the writing process, as well as to legal grammar and usage and to citation style for both ALWD and the Bluebook. Breaks down the analytical and writing processes into manageable tasks and provides students with strategies, examples, and exercises. Introduces each type of legal document with "Purpose, Audience, Scope, and View" bullet points, providing an at-a-glance overview. Employs maps, diagrams, text boxes, and tables to summarize material and provide visual interest. Includes multiple documents annotated with in-depth commentary to help students identify key parts, understand the arguments being made, and understand the strengths of each document. Provides abundant, thorough study aid materials Quick References and Checklists that reinforce and test students' understanding of the material Quizzes and Self-Assessments that allow students and teachers to test students' understanding of the material

Experiential Legal Research

Author: Diana Donahoe
Publisher: Wolters Kluwer Law & Business
ISBN: 1454831650
Format: PDF, ePub, Docs
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Print publication based on the online legal research materials available at TeachingLaw Features: Takes a clear, straightforward approach to research sources and strategies plus to citation (ALWD and Bluebook styles) and grammar. Covers 1L material including finding federal and state statutes and cases, using secondary sources, and strategies for effective and efficient research; also covers upper-class courses with materials on administrative law and legislative history. Breaks down the research process into manageable tasks, discussing strategies for the process and presenting specific strategies for each legal source, including specifics on updating the law. Uses hypothetical fact patterns and case briefs to illustrate research plans and strategies. Provides maps, diagrams, text boxes, and tables to summarize material and provide visual interest. Instructs through annotated facsimiles and screen shots of a wide variety of law and research sources. Provides abundant, thorough study aid materials Quick References and Checklists: reinforce and test students' understanding of the material Quizzes and Self-Assessments: allow students and teachers to test students' understanding of the material Exercises: for use as in-class to reinforce the readings, such as exercises on case analogies, statutory interpretation, conciseness, and citation Can be used both as an aid to instructors and students working partially or predominantly in the electronic environment of TeachingLaw and as a standalone primary or supplementary textbook. Online version of the book includes an idea bank, a school bank for sharing, and an integrated courseware program.

Morality Leadership and Public Policy

Author: Eric Thomas Weber
Publisher: A&C Black
ISBN: 1441173110
Format: PDF, Docs
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Informed by the pragmatism of John Dewey, this book argues the practical benefits for public policy of a rigorous experimentalist approach to applying moral theory.

Jewish Justices of the Supreme Court

Author: David G. Dalin
Publisher: Brandeis University Press
ISBN: 1512600148
Format: PDF, Kindle
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Jewish Justices of the Supreme Court examines the lives, legal careers, and legacies of the eight Jews who have served or who currently serve as justices of the U.S. Supreme Court: Louis D. Brandeis, Benjamin Cardozo, Felix Frankfurter, Arthur Goldberg, Abe Fortas, Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan. David Dalin discusses the relationship that these Jewish justices have had with the presidents who appointed them, and given the judges' Jewish background, investigates the antisemitism some of the justices encountered in their ascent within the legal profession before their appointment, as well as the role that antisemitism played in the attendant political debates and Senate confirmation battles. Other topics and themes include the changing role of Jews within the American legal profession and the views and judicial opinions of each of the justices on freedom of speech, freedom of religion, the death penalty, the right to privacy, gender equality, and the rights of criminal defendants, among other issues.

The Supreme Court and the Fourth Amendment s Exclusionary Rule

Author: Tracey Maclin
Publisher: Oxford University Press
ISBN: 0199996431
Format: PDF, Docs
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The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking. Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.

The Oxford Handbook of Church and State in the United States

Author: Derek H. Davis
Publisher: Oxford University Press
ISBN: 0190208783
Format: PDF, ePub
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Study of church and state in the United States is incredibly complex. Scholars working in this area have backgrounds in law, religious studies, history, theology, and politics, among other fields. Historically, they have focused on particular angles or dimensions of the church-state relationship, because the field is so vast. The results have mostly been monographs that focus only on narrow cross-sections of the field, and the few works that do aim to give larger perspectives are reference works of factual compendia, which offer little or no analysis. The Oxford Handbook of Church and State in the United States fills this gap, presenting an extensive, multidimensional overview of the field. Twenty-one essays offer a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within five main areas: history, law, theology/philosophy, politics, and sociology. These essays provide factual accounts, but also address issues, problems, debates, controversies, and, where appropriate, suggest resolutions. They also offer analysis of the range of interpretations of the subject offered by various American scholars. This Handbook is an invaluable resource for the study of church-state relations in the United States.

Imprisoned by the Past

Author: Prof. Jeffrey L. Kirchmeier
Publisher: Oxford University Press
ISBN: 0190237740
Format: PDF, ePub, Mobi
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Imprisoned by the Past: Warren McCleskey and the American Death Penalty connects the history of the American death penalty to the case of Warren McCleskey. By highlighting the relation between American history and an individual case, Imprisoned by the Past provides a unique understanding of the big picture of capital punishment in the context of a compelling human story. McCleskey's criminal law case resulted in one of the most important Supreme Court cases in U.S. legal history, where the Court confronted evidence of racial discrimination in the administration of capital punishment. The case marks the last that the Supreme Court realistically might have held that capital punishment violates the Eighth Amendment of the U.S. Constitution. As such, the constitutional law case also created a turning point in the death penalty debate in the country. The book connects McCleskey's case -- as well as his life and crime -- to the issues that have haunted the American death penalty debate since the first executions by early settlers and that still affect the legal system today. Imprisoned by the Past ties together three unique American stories in U.S history. First, the book considers the changing American death penalty across centuries where drastic changes have occurred in the last fifty years. Second, the book discusses the role that race played in that history. And third, the book tells the story of Warren McCleskey and how his life and legal case brought together the other two narratives.

Final Judgment

Author: Alan Paterson
Publisher: Bloomsbury Publishing
ISBN: 1782252789
Format: PDF, ePub, Docs
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The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before...The remarkable width and depth of his examination...has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court