Judges on judging : views from the bench /: views from the bench. (2012)

• Record Type: Book
• Further Information: Note: Collected and edited by David M. O'Brien.
• Other Names: O'Brien, David M
• Contents: Introduction; I. JUDICIAL REVIEW AND AMERICAN POLITICS: HISTORICAL AND POLITICAL PERSPECTIVES; 1. The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury - Chief Justice Warren E. Burger, Supreme Court of the United States; 2. The Supreme Court in the American System of Government - Justice Robert H. Jackson, Supreme Court of the United States; 3. The Two Faces of Judicial Activism - Judge William Wayne Justics, U.S. District Court, Eastern District of Texas; II. THE DYNAMICS OF THE JUDICIAL PROCESS; 4. Advice and Consent in Theory and Practice - Judge Roger J. Miner, U.S. Court of Appeals, Second Circuit; 5. The “Fight” Theory versus the “Truth” Theory - Judge Jerome Frank, U.S. Court of Appeals, Second Circuit; 6. The Adversary Judge: The Experience of the Trial Judge - Judge Marvin E. Frankel, U.S. District Court, Southern District of New York; 7. The Business of the U.S. District Courts - Judge D. Brock Hornby, U.S. District Court, District of Maine; 8. What I Ate for Breakfast and Other Mysteries of Judicial Decision Making - Judge Alex Kozinski, U.S. Court of Appeals, Ninth Circuit; 9. Whose Federal Judiciary Is It Anyway? - Judge Stephen Reinhardt, U.S. Court of Appeals, Ninth Circuit; 10. What Really Goes on at the Supreme Court - Justice Lewis F. Powell Jr., Supreme Court of the United States; 11. The Supreme Court’s Conference - Chief Justice William H. Rehnquist, Supreme Court of the United States; 12. Deciding What to Decide: The Docket and the Rule of Four - Justice John Paul Stevens, Supreme Court of the United States; 13. The Role of Oral Argument - Justice John M. Harlan II, Supreme Court of the United States; 14. The Dissent: A Safeguard of Democracy - Justice William O. Douglas, Supreme Court of the United States; III. THE JUDICIARY AND THE CONSTITUTION; 15. Commentaries on the Constitution of the United States - Justice Joseph Story, Supreme Court of the United States; 16. The Path of Law - Justice Oliver Wendell Holmes Jr., Supreme Court of the United States; 17. The Judge as a Legislator - Justice Benjamin N. Cardozo, Supreme Court of the United States; 18. The Notion of a Living Constitution - Chief Justice William H. Rehnquist, Supreme Court of the United States; 19. A Relativistic Constitution - Judge William Wayne Justice, U.S. District Court, Eastern District of Texas; 20. The Jurisprudence of Judicial Restraint: A Return to the Moorings - Judge J. Clifford Wallace, U.S. Court of Appeals, Ninth Circuit; 21. Tradition and Morality in Constitutional Law - Judge Robert H. Bork. U.S. Court of Appeals, District of Columbia Circuit; 22. What Am I, a Potted Plant? The Case Against Strict Constructionism - Judge Richard A. Posner, U.S. Court of Appeals, Seventh Circuit; 23. Originalism: The Lesser Evil - Justice Antonin Scalia, Supreme Court of the United States; 24. Judging - Justice Clarence Thomas, Supreme Court of the United States; 25. The Constitution: A Living Document - Justice Thurgood Marshall, Supreme Court of the United States; 26. The Constitution of the United States: Contemporary Ratification - Justice William J. Brennan Jr., Supreme Court of the United States; 27. On Constitutional Interpretation - Justice David H. Souter, Supreme Court of the United States; 28. Speaking in a Judicial Voice: Reflections on Roe v. Wade - Justice Ruth Bader Ginsburg, Supreme Court of the United States; 29. Our Democratic Constitution - Justice Stephen G. Breyer, Supreme Court of the United States; 30. Against Constitutional Theory - Judge Richard A. Posner, U.S. Court of Appeals, Seventh Circuit; IV. OUR DUAL CONSTITUTIONAL SYSTEM: THE BILL OF RIGHTS AND THE STATES; 31. The Bill of Rights - Justice Hugo L. Black, Supreme Court of the United States; 32. Guardians of Our Liberties—State Courts No Less Than Federal - Justice William J. Brennan Jr., Supreme Court of the United States; 33. First Things First: Rediscovering the States’ Bills of Rights - Justice Hans A. Linde, Oregon State Supreme Court; 34. What Does—and Does Not—Ail State Constitutional Law - Judge Jeffrey S. Sutton, U.S. Court of Appeals, Sixth Circuit; Appendix A: Constitution of the United States, Article III; Appendix B: The Federalist, No. 78, Alexander Hamilton; Appendix C: Selected Bibliography of Off-the-Bench Commentaries; Appendix D: Time Chart of Members of the Supreme Court of the United States; About the Editor;
• Edition: Fourth edition
• Publisher Details: Washington DC : CQ Press
• Publication Date: 2012
• Extent: 1 online resource (392 pages)
• Subjects: 347.73/14; Judges -- United States; Judicial process -- United States; Political questions and judicial power -- United States
• Languages: English
• ISBNs: 9781483304762; 1483304760
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.