the burger court and the rise of the judicial right

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The Burger Court And The Rise Of The Judicial Right

Author : Michael J. Graetz
ISBN : 9781476732510
Genre : History
File Size : 39. 90 MB
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A revelatory look at the Warren Burger Supreme Court finds that it was not moderate or transitional, but conservative—and it shaped today’s constitutional landscape. It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review). When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).

The Rise Of Modern Judicial Review

Author : Christopher Wolfe
ISBN : 0822630265
Genre : Law
File Size : 23. 57 MB
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'A clear, readable and fair account of the development of judicial review.'-Ashley Montagu

Representation Rights And The Burger Years

Author : Nancy Maveety
ISBN : 0472102273
Genre : Law
File Size : 41. 57 MB
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Maveety argues that the Supreme Court under Burger revolutionized the constitutional view of political representation

Perversion For Profit

Author : Whitney Strub
ISBN : 9780231520157
Genre : Social Science
File Size : 40. 94 MB
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While America is not alone in its ambivalence toward sex and its depictions, the preferences of the nation swing sharply between toleration and censure. This pattern has grown even more pronounced since the 1960s, with the emergence of the New Right and its attack on the "floodtide of filth" that was supposedly sweeping the nation. Antipornography campaigns became the New Right's political capital in the 1960s, laying the groundwork for the "family values" agenda that shifted the country to the right. Perversion for Profit traces the anatomy of this trend and the crucial function of pornography in constructing the New Right agenda, which has emphasized social issues over racial and economic inequality. Conducting his own extensive research, Whitney Strub vividly recreates the debates over obscenity that consumed members of the ACLU in the 1950s and revisits the deployment of obscenity charges against purveyors of gay erotica during the cold war, revealing the differing standards applied to heterosexual and homosexual pornography. He follows the rise of the influential Citizens for Decent Literature during the 1960s and the pivotal events that followed: the sexual revolution, feminist activism, the rise of the gay rights movement, the "porno chic" moment of the early 1970s, and resurgent Christian conservatism, which now shapes public policy far beyond the issue of sexual decency. Strub also examines the ways in which the left failed to mount a serious or sustained counterattack to the New Right's use of pornography as a political tool. As he demonstrates, this failure put the Democratic Party at the mercy of Republican rhetoric. In placing debates about pornography at the forefront of American postwar history, Strub revolutionizes our understanding of sex and American politics.

Rise Of Judicial Management In The U S District Court Southern District Of Texas 1955 2000

Author : Steven Harmon Wilson
ISBN : 082032728X
Genre : Law
File Size : 65. 92 MB
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This is the first book-length study of a federal district court to analyze the revolutionary changes in its mission, structure, policies, and procedures over the past four decades. As Steven Harmon Wilson chronicles the court's attempts to keep pace with an expanding, diversifying caseload, he situates those efforts within the social, cultural, and political expectations that have prompted the increase in judicial seats from four in 1955 to the current nineteen. Federal judges have progressed from being simply referees of legal disputes to managers of expanding courts, dockets, and staffs, says Wilson. The Southern District of Texas offers an especially instructive model by which to study this transformation. Not only does it contain a varied population of Hispanics, African Americans, and whites, but its jurisdiction includes an international border and some of the busiest seaports in the United States. Wilson identifies three areas of judicial management in which the shift has most clearly manifested itself. Through docket and case management judges have attempted to rationalize the flow of work through the litigation process. Lastly, and most controversially, judges have sought to bring "constitutionally flawed" institutions into compliance through "structural reform" rulings in areas such as housing, education, employment, and voting. Wilson draws on sources ranging from judicial biography and oral-history interviews to case files, published opinions, and administrative memoranda. Blending legal history with social science, this important new study ponders the changing meaning of federal judgeship as it shows how judicial management has both helped and hindered the resolution of legal conflicts and the protection of civil rights.

The Burger Court

Author : Charles M. Lamb
ISBN : UOM:39015019824831
Genre : History
File Size : 79. 87 MB
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The State Politics Of Judicial And Congressional Reform

Author : Thomas Carlyle Dalton
ISBN : UOM:39015012961887
Genre : Social Science
File Size : 47. 54 MB
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Dalton combines the scholarly literature on public law and judicial impact with recent studies of policy implementation at the state level. He emphasizes the underlying constitutional, organizational, psychological, and political factors that shape public policy outcomes, arguing that a sound grasp of these factors can lead to an understanding of the gap between theory and practice in democratic politics. He examines the historical development and revision of the U.S. Supreme Court civil liberties rulings from the 1960s to the early 1980s as well as executive and congressional policy to regulate criminal records privacy. He also underscores the importance of the intergovernmental context in which state officials act as both leaders and intermediaries in the implementation of national policies. Dalton then combines these elements of analysis into a general theory of legitimation in order to render the significance of criminal justice policy for the American political system understandable as a whole.

The Rehnquist Court

Author : Thomas R. Hensley
ISBN : 9781576072004
Genre : Biography & Autobiography
File Size : 38. 95 MB
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Highlights: - Provides an analysis of the major conservative changes in U.S. constitutional law during the Rehnquist Court- Analyzes the Rehnquist Court's voting record and the lasting impacts of those votes

Constitutional Counterrevolution

Author : Richard Funston
ISBN : UOM:39015002160458
Genre : Law
File Size : 68. 55 MB
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Fifteen Years Of The Burger Court

Author : Warren E. Burger
ISBN : STANFORD:36105043848758
Genre : Law
File Size : 41. 43 MB
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