Judges on Judging : Views from the Bench /: Views from the Bench. (2016)
- Record Type:
- Book
- Title:
- Judges on Judging : Views from the Bench /: Views from the Bench. (2016)
- Main Title:
- Judges on Judging : Views from the Bench
- Further Information:
- Note: David M. O'Brien.
- Editors:
- O'Brien, David M
- Contents:
- Part I: Judicial Review and American Politics; Chapter 1: The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury - Warren E. Burger; Marbury v. Madison: Act One, The Setting; Marbury v. Madison: The Second Act; Epilogue; Chapter 2: The Supreme Court in the American System of Government - Robert H. Jackson; The Supreme Court as a Unit of Government; Executive v. Legislative; Federal Power v. State Power; State v. State; Majority v. Individual; Part II: The Dynamics of the Judicial Process; Trial Judges and the Adversarial Process; Appellate Judges and the "Caseload Crisis"; The Supreme Court and the Judicial Process; Chapter 3: The "Fight" Theory versus the "Truth" Theory - Jerome Frank; Chapter 4: The Adversary Judge: The Experience of the Trial Judge - Marvin E. Frankel; The Role as Written; The Adversary Performance; The Judge Embattled; The Judge Discomforted; Chapter 5: The Business of the U.S. District Courts - D. Brock Hornsby; Civil Lawsuits; Criminal Prosecutions; Conclusion; Chapter 6: What I Ate for Breakfast and Other Mysteries of Judicial Decision Making - Alex Kozinski; Chapter 7: Whose Federal Judiciary Is It Anyway? - Stephen Reinhardt; Chapter 8: What Really Goes on at the Supreme Court - Lewis F. Powell Jr; Chapter 9: The Supreme Court's Conference - William H. Rehnquist; Chapter 10: Deciding What to Decide: The Docket and the Rule of Four - John Paul Stevens; Chapter 11: The Role of Oral Argument - John M. Harlan II; Chapter 12: ThePart I: Judicial Review and American Politics; Chapter 1: The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury - Warren E. Burger; Marbury v. Madison: Act One, The Setting; Marbury v. Madison: The Second Act; Epilogue; Chapter 2: The Supreme Court in the American System of Government - Robert H. Jackson; The Supreme Court as a Unit of Government; Executive v. Legislative; Federal Power v. State Power; State v. State; Majority v. Individual; Part II: The Dynamics of the Judicial Process; Trial Judges and the Adversarial Process; Appellate Judges and the "Caseload Crisis"; The Supreme Court and the Judicial Process; Chapter 3: The "Fight" Theory versus the "Truth" Theory - Jerome Frank; Chapter 4: The Adversary Judge: The Experience of the Trial Judge - Marvin E. Frankel; The Role as Written; The Adversary Performance; The Judge Embattled; The Judge Discomforted; Chapter 5: The Business of the U.S. District Courts - D. Brock Hornsby; Civil Lawsuits; Criminal Prosecutions; Conclusion; Chapter 6: What I Ate for Breakfast and Other Mysteries of Judicial Decision Making - Alex Kozinski; Chapter 7: Whose Federal Judiciary Is It Anyway? - Stephen Reinhardt; Chapter 8: What Really Goes on at the Supreme Court - Lewis F. Powell Jr; Chapter 9: The Supreme Court's Conference - William H. Rehnquist; Chapter 10: Deciding What to Decide: The Docket and the Rule of Four - John Paul Stevens; Chapter 11: The Role of Oral Argument - John M. Harlan II; Chapter 12: The Dissent: A Safeguard of Democracy - William O. Douglas; Search for Certainty; Legislative Process One of Compromise; Interpretation Has Legislative Characteristics; Stare Decisis Has Small Place in Constitutional Law; Uncertainty Necessary for Democracy; Judges Share Crises of Modern Society; Part III: The Judiciary and the Constitution; Chapter 13: Commentaries on the Constitution of the United States - Joseph Story; Preface; Chapter IV. Who Is Final Judge or Interpreter in Constitutional Controversies; Chapter V. Rules of Interpretation; Chapter 14: The Path of Law - Oliver Wendell Holmes Jr; Chapter 15: The Judge as a Legislator - Benjamin N. Cardozo; Chapter 16: The Notion of a Living Constitution - William H. Rehnquist; Chapter 17: A Relativistic Constitution - William Wayne Justice; Chapter 18: The Jurisprudence of Judicial Restraint: A Return to the Moorings - J. Clifford Wallace; The Constitution and the Theory of Judicial Restraint; The Practical Application of Judicial Restraint; Judicial Restraint's Response to Judicial Activism; Chapter 19: Tradition and Morality in Constitutional Law - Robert H. Bork; Chapter 20: What Am I, a Potted Plant? The Case Against Strict Constructionism - Richard A. Posner; Chapter 21: Originalism: The Lesser Evil - Antonin Scalia; Chapter 22: Judging - Clarence Thomas; Chapter 23: The Constitution: A Living Document - Thurgood Marshall; Chapter 24: The Constitution of the United States: Contemporary Ratification - William J. Brennan Jr; Chapter 25: Originalism and History - John Paul Stevens; Chapter 26: On Constitutional Interpretation - David H. Souter; Chapter 27: Speaking in a Judicial Voice: Reflections on Roe v. Wade - Ruth Bader Ginsburg; Chapter 28: Our Democratic Constitution - Stephen G. Breyer; Chapter 29: Against Constitutional Theory - Richard A. Posner; Part IV: Our Dual Constitutional System: The Bill of Rights and the States; Chapter 30: The Bill of Rights - Hugo L. Black; Chapter 31: Guardians of Our Liberties - State Courts No Less Than Federal - William J. Brennan Jr; Chapter 32: First Things First: Rediscovering the States' Bills of Rights - Hans A. Linde; History; The Logic of Federalism; Putting Principle into Practice; Chapter 33: What Does - and Does Not - Ail State Constitutional Law - Jeffrey S. Sutton; The Content and Length of State Constitutions; The Ease of Amending State Constitutions; Judicial Elections; Lockstep Interpretations; Conclusion; Chapter 34: State Courts at the Dawn of a New Century: Common Law Courts Reading Statutes and Constitutions - Judith S. Kaye; Common Law Courts Construing State Constitutions; Common Law Courts Construing State Statutes; … (more)
- Edition:
- Fifth Edition
- Publisher Details:
- Washington DC : CQ Press
- Publication Date:
- 2016
- Extent:
- 1 online resource (392 pages)
- Languages:
- English
- ISBNs:
- 9781506340302
- Related ISBNs:
- 150634030X
- 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.
- View Content:
- Available online (eLD content is only available in our Reading Rooms) ↗
- Physical Locations:
- British Library HMNTS - ELD.DS.63885
- Ingest File:
- 02_083.xml