Judges on judging : views from the bench

著者

書誌事項

Judges on judging : views from the bench

collected and edited by David M. O'Brien

Sage, CQ Press, c2017

5th ed

  • : pbk

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注記

Includes bibliographical references (p. [352]-376)

内容説明・目次

内容説明

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

目次

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: 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

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