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 : 9781476732527
Genre : History
File Size : 22. 83 MB
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Washington Post Notable Nonfiction Book of the Year 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 Burger Court And The Rise Of The Judicial Right

Author : Michael J. Graetz
ISBN : 1476732515
Genre : History
File Size : 66. 62 MB
Format : PDF, ePub, Mobi
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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 Burger Court And The Rise Of The Judicial Right

Author : Michael J. Graetz
ISBN : 1476732507
Genre : History
File Size : 64. 84 MB
Format : PDF, Kindle
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A fresh and revelatory look at the Warren Burger Supreme Court finds that it was not a “moderate” or transitional court, as often portrayed, but a conservative one that still defines the constitutional landscape we live in today. 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 liberal Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as Michael J. Graetz and Linda Greenhouse show, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Even while declaring a right to abortion in Roe v. Wade, it drew the line at government funding for poor women. The authors excavate the roots of the most significant Burger Court decisions and show how their legacy affects us today. The most comprehensive evaluation of the Burger Supreme Court ever written for a general audience, The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to reveal how the Court shaped its major decisions. It will surprise even legal scholars and historians with its insights into a period that has received too little attention from either.

Nixon S Court

Author : Kevin J. McMahon
ISBN : 9780226561219
Genre : Political Science
File Size : 88. 1 MB
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Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.

Louis D Brandeis

Author : Jeffrey Rosen
ISBN : 9780300160444
Genre : Biography & Autobiography
File Size : 67. 36 MB
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According to Jeffrey Rosen, Louis D. Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.

Curious Case Of Kiryas Joel

Author : Louis Grumet
ISBN : 9781613735039
Genre : Law
File Size : 73. 31 MB
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Twenty years ago, on the last day of session, the New York State Legislature created a publicly funded school district to cater to the interests of a religious sect called Kiryas Joel, an extremely insular group of Hasidic Jews. The sect had bought land in upstate New York, populated it solely with members of its faction, and created a village that exerted extraordinary political pressure over both political parties in the Legislature. Marking the first time in American history that a governmental unit was established for a religious group, the Legislature's action prompted years of litigation that eventually went to the Supreme Court. The 1994 case, The Board of Education of the Village of Kiryas Joel v. Grumet, stands as the most important legal precedent in the fight to uphold the separation of church and state. In The Curious Case of Kiryas Joel, plaintiff Louis Grumet opens a window onto the Satmar Hasidic community and details the inside story of his fight for the First Amendment. This story—a blend of politics, religion, cultural clashes, and constitutional tension—is an object lesson in the ongoing debate over freedom of vs. freedom from religion.

The U S Supreme Court

Author : Linda Greenhouse
ISBN : 9780199754540
Genre : History
File Size : 69. 34 MB
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A Supreme Court reporter offers an introduction to one of the pillars of American government, focusing on the people and traditions of the U.S. Supreme Court and examining many individual Supreme Court cases.

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