Search Results for "first-among-equals-the-supreme-court-in-american-life"

First Among Equals

First Among Equals

The Supreme Court in American Life

  • Author: Kenneth W. Starr
  • Publisher: Grand Central Publishing
  • ISBN: 0446554162
  • Category: Law
  • Page: 352
  • View: 5736
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Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In FIRST AMONG EQUALS Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. * On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. * On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. * On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, FIRST AMONG EQUALS sheds new light on the most frequently misunderstood legal pillar of American life.

The Supreme Court and Religion in American Life, Vol. 2

The Supreme Court and Religion in American Life, Vol. 2

From "Higher Law" to "Sectarian Scruples"

  • Author: James Hitchcock
  • Publisher: Princeton University Press
  • ISBN: 9781400826261
  • Category: Law
  • Page: 272
  • View: 2643
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School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the second of two volumes by historian and legal scholar James Hitchcock, offers a complete analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. In Volume I: The Odyssey of the Religion Clauses (Princeton), Hitchcock provides the first comprehensive survey of the court cases involving the Religion Clauses, including a number that scholars have ignored. Here, Hitchcock examines how, in the early history of our country, a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority. Despite the Founding Fathers' ideas, the American polity evolved on the assumption that religion was necessary to a healthy society, and cooperation between religion and government was assumed. This view was seldom questioned until the 1940s, notes Hitchcock. Then, with the beginning of the New Deal and the appointment of justices who believed they had the freedom to apply the Constitution in new ways, the judicial climate changed. Hitchcock reveals the personal histories of these justices and describes how the nucleus of the Court after World War II was composed of men who were alienated from their own faiths and who looked at religious belief as irrational, divisive, and potentially dangerous, assumptions that became enshrined in the modern jurisprudence of the Religion Clauses. He goes on to offer a fascinating look at how the modern Court continues to grapple with the question of whether traditional religious liberty is to be upheld.

The Supreme Court and Religion in American Life, Vol. 1

The Supreme Court and Religion in American Life, Vol. 1

The Odyssey of the Religion Clauses

  • Author: James Hitchcock
  • Publisher: Princeton University Press
  • ISBN: 9781400826254
  • Category: Law
  • Page: 232
  • View: 7297
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School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the first of two volumes by historian and legal scholar James Hitchcock, provides the first comprehensive exploration of the Supreme Court's approach to religion, offering a close look at every case, including some that scholars have ignored. Hitchcock traces the history of the way the Court has rendered important decisions involving religious liberty. Prior to World War II it issued relatively few decisions interpreting the Religious Clauses of the Constitution. Nonetheless, it addressed some very important ideas, including the 1819 Dartmouth College case, which protected private religious education from state control, and the Mormon polygamy cases, which established the principle that religious liberty was restricted by the perceived good of society. It was not until the 1940s that a revolutionary change occurred in the way the Supreme Court viewed religion. During that era, the Court steadily expanded the scope of religious liberty to include many things that were probably not intended by the framers of the Constitution, and it narrowed the permissible scope of religion in public life, barring most kinds of public aid to religious schools and forbidding almost all forms of religious expression in the public schools. This book, along with its companion volume, From "Higher Law" to "Sectarian Scruples," offers a fresh analysis of the Court's most important decisions in constitutional doctrine. Sweeping in range, it paints a detailed picture of the changing relationship between religion and the state in American history.

Jewish Justices of the Supreme Court

Jewish Justices of the Supreme Court

From Brandeis to Kagan

  • Author: David G. Dalin
  • Publisher: Brandeis University Press
  • ISBN: 1512600148
  • Category: Social Science
  • Page: 384
  • View: 1460
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Jewish Justices of the Supreme Court examines the lives, legal careers, and legacies of the eight Jews who have served or who currently serve as justices of the U.S. Supreme Court: Louis D. Brandeis, Benjamin Cardozo, Felix Frankfurter, Arthur Goldberg, Abe Fortas, Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan. David Dalin discusses the relationship that these Jewish justices have had with the presidents who appointed them, and given the judges' Jewish background, investigates the antisemitism some of the justices encountered in their ascent within the legal profession before their appointment, as well as the role that antisemitism played in the attendant political debates and Senate confirmation battles. Other topics and themes include the changing role of Jews within the American legal profession and the views and judicial opinions of each of the justices on freedom of speech, freedom of religion, the death penalty, the right to privacy, gender equality, and the rights of criminal defendants, among other issues.

The Pursuit of Justice

The Pursuit of Justice

Supreme Court Decisions that Shaped America

  • Author: Kermit L. Hall,John J. Patrick
  • Publisher: Oxford University Press
  • ISBN: 0195311892
  • Category: History
  • Page: 253
  • View: 3583
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Reviews and discusses landmark cases heard by the United States Supreme court from 1803 through 2000.

Church-State Cooperation Without Domination

Church-State Cooperation Without Domination

A New Paradigm for Church-State Relations

  • Author: C. Truett Baker
  • Publisher: Xlibris Corporation
  • ISBN: 1453504451
  • Category: Political Science
  • Page: 288
  • View: 4144
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Church-State Cooperation Without Domination os a historical review highlighting the antecedents leading up to present day church-state relations in the United States. Successful models of cooperation between government and faith-based agencies are described with the final chapter suggesting a new model for church-state relations that protects religious freedom while preserving the principle of limited government involvement with religion. It isn't a question of if or should government and religion mix. They already do, but there is little consensus on how to balance separation and cooperation. This book addresses those issues.

Religion in America

Religion in America

A Political History

  • Author: Denis Lacorne
  • Publisher: Columbia University Press
  • ISBN: 0231526407
  • Category: Religion
  • Page: 256
  • View: 8620
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Denis Lacorne identifies two competing narratives defining the American identity. The first narrative, derived from the philosophy of the Enlightenment, is essentially secular. Associated with the Founding Fathers and reflected in the Declaration of Independence, the Constitution, and the Federalist Papers, this line of reasoning is predicated on separating religion from politics to preserve political freedom from an overpowering church. Prominent thinkers such as Voltaire, Thomas Paine, and Jean-Nicolas Démeunier, who viewed the American project as a radical attempt to create a new regime free from religion and the weight of ancient history, embraced this American effort to establish a genuine "wall of separation" between church and state. The second narrative is based on the premise that religion is a fundamental part of the American identity and emphasizes the importance of the original settlement of America by New England Puritans. This alternative vision was elaborated by Whig politicians and Romantic historians in the first half of the nineteenth century. It is still shared by modern political scientists such as Samuel Huntington. These thinkers insist America possesses a core, stable "Creed" mixing Protestant and republican values. Lacorne outlines the role of religion in the making of these narratives and examines, against this backdrop, how key historians, philosophers, novelists, and intellectuals situate religion in American politics.

Observations of White Noise

Observations of White Noise

An 'acid Test' for the First Amendment

  • Author: Marc M. Harrold
  • Publisher: iUniverse
  • ISBN: 0595372481
  • Category: Law
  • Page: 160
  • View: 606
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Observations of White Noise An Acid Test for the First Amendment examines the current state of the First Amendment, its scope and design, and its place in popular culture. Lawyer Marc M. Harrold candidly examines both mainstream and cutting-edge topics, including an overview of the First Amendment and its unique character in comparison with the other Amendments that comprise the Bill of Rights. In engaging fashion, he reveals the illogical reasoning behind the Supreme Court's sex-only obscenity doctrine and the over-expansive insertion of the First Amendment into tort suits between private parties where the government is not directly involved. Advance Praise for Observations of White Noise- "Observations of White Noise is a clear and provocative interpretation of the present state of First Amendment law as it impacts our ever-evolving culture. Marc Harrold powerfully trumpets the importance of free speech and representative government in a democratic society. Professor Harrold offers deep insights by integrating critical analysis and perspective on how judicial interpretations of our beloved First Amendment shape our nation and its culture." -Hon. Kenneth W. Starr, Dean and Professor of Law, Pepperdine School of Law. Former Judge of the U.S. Court of Appeals, Solicitor General of the United States, Independent Counsel on the Whitewater matter, and author of FIRST AMONG EQUALS: THE SUPREME COURT IN AMERICAN LIFE. "A timely and thoughtful exploration of the newest generation of challenges to our ongoing American debate over the meaning of the First Amendment, gracefully intertwining 'breaking news' with discussion of classic First Amendment conundrums." Rodney A. Smolla, Dean and Professor of Law, University of Richmond School of Law and author: DELIBERATE INTENT, JERRY FALWELL V. LARRY FLYNT: THE FIRST AMENDMENT ON TRIAL, and FREE SPEECH IN AN OPEN SOCIETY..

Scalia Dissents

Scalia Dissents

Writings of the Supreme Court's Wittiest, Most Outspoken Justice

  • Author: Antonin Scalia
  • Publisher: Regnery Publishing
  • ISBN: 1596987006
  • Category: Law
  • Page: 338
  • View: 5801
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Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissents contains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.

Business Week

Business Week

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Business
  • Page: N.A
  • View: 7315
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California Lawyer

California Lawyer

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Bar associations
  • Page: N.A
  • View: 589
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The American Spectator

The American Spectator

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: American literature
  • Page: N.A
  • View: 3911
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Congressional Participation as Amicus Curiae Before the U.S. Supreme Court

Congressional Participation as Amicus Curiae Before the U.S. Supreme Court

  • Author: Judithanne Scourfield McLauchlan
  • Publisher: LFB Scholarly Publishing
  • ISBN: 9781593320881
  • Category: Law
  • Page: 265
  • View: 4974
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Scourfield McLauchlan studies how Members of Congress participate in cases before the Supreme Court. Members have filed amicus curiae briefs every Term since 1977. The frequency of Congressional participation before the Court continues to rise, and it is now a fixture in Supreme Court litigation. McLauchlan examines how often Members of Congress participate as friend of the court, what types of cases attract Congressional attention, what motivates Congressmen to file amicus briefs, and whether Congressional friends of the court influence Supreme Court decision-making. She explores the implications of this trend for the principles of separation of powers and judicial independence.

The United States Supreme Court

The United States Supreme Court

  • Author: Paul McCaffrey,Lynn Messina
  • Publisher: Hw Wilson Co
  • ISBN: N.A
  • Category: Law
  • Page: 199
  • View: 9014
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Explores the Court's purpose, the role it has played in shaping American society, some of its most famous and controversial decisions, as well as the likely effects of future appointments on the Court and the nation.

The Oxford Guide to United States Supreme Court Decisions

The Oxford Guide to United States Supreme Court Decisions

  • Author: Kermit Hall,James W. Ely
  • Publisher: Oxford University Press, USA
  • ISBN: N.A
  • Category: Law
  • Page: 499
  • View: 2851
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Here are the landmark decisions that have shaped American life, described by some of America's most eminent legal scholars. The new edition contains more than 450 entries on major cases, including 53 new entries on the latest landmark rulings. This outstanding guide serves as an excellent introduction to the work of the Court from the late eighteenth century to the present day.

Landmark Decisions of the United States Supreme Court VII

Landmark Decisions of the United States Supreme Court VII

  • Author: Maureen Harrison,Steve Gilbert,United States. Supreme Court
  • Publisher: N.A
  • ISBN: 9781880780282
  • Category: Law
  • Page: 178
  • View: 4326
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The Prophetic History

The Prophetic History

Part one

  • Author: Rick Joyner
  • Publisher: Evangelista Media
  • ISBN: 9781607082941
  • Category: Religion
  • Page: 173
  • View: 2475
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The greatest adventure that can be experienced in this life is a true walk with God. This book is about a circle of people who have given their lives to that pursuit, and the incredible journey it has been.

West's encyclopedia of American law

West's encyclopedia of American law

  • Author: Jeffrey Lehman,Shirelle Phelps
  • Publisher: Gale
  • ISBN: 9780787663766
  • Category: Law
  • Page: 482
  • View: 4693
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Provides current information on more than 5,000 legal topics. Includes completely revised articles covering important issues, biographies, definitions of legal terms and more. Covers such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, and physician-assisted suicide.

Index to periodical articles related to law

Index to periodical articles related to law

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category:
  • Page: N.A
  • View: 7670
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