| Edition |
Fifth edition. |
| Description |
1 online resource |
| Physical Medium |
polychrome |
| Description |
text file |
| Bibliography |
Includes bibliographical references. |
| 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. |
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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. |
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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. |
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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. |
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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. |
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Kaye; Common Law Courts Construing State Constitutions; Common Law Courts Construing State Statutes. |
| Summary |
Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features "off-the-bench" writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary. "Judges on Judging is consistently rated by my students as their favorite book in my class. No other single volume provides them with such a clear and accessible sense of what judges do, what courts do, and the way judges think about their roles and their courts."--Douglas Edlin, Dickinson College |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Judges -- United States.
|
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Judges. |
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United States. |
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Judicial process -- United States.
|
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Judicial process. |
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Political questions and judicial power -- United States.
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Political questions and judicial power. |
| Genre/Form |
Electronic books.
|
| Added Author |
O'Brien, David M., editor.
|
| Other Form: |
Print version: Judges on judging. Fifth edition. Thousand Oaks : CQ Press, 2016 9781506340289 1506340288 (DLC) 2015051477 (OCoLC)933765685 |
| ISBN |
9781506340296 (electronic book) |
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1506340296 (electronic book) |
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9781506340302 (EPUB) |
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150634030X (EPUB) |
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9781506340289 |
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1506340288 |
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