Search Results for "first-principles-the-jurisprudence-of-clarence-thomas"

First Principles

First Principles

The Jurisprudence of Clarence Thomas

  • Author: Scott Douglas Gerber
  • Publisher: NYU Press
  • ISBN: 081473099X
  • Category: Biography & Autobiography
  • Page: 281
  • View: 9228
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"...An excellent and balanced review of the justice's first years on the Court." (National Review) The paperback edition includes a provocative new Afterword by the author bringing the book up to date by assessing Justice Thomas's performance, and the reaction to his decisions, during the last five years.

The Supreme Court Opinions of Clarence Thomas, 1991-2011, 2d ed.

The Supreme Court Opinions of Clarence Thomas, 1991-2011, 2d ed.

  • Author: Henry Mark Holzer
  • Publisher: McFarland
  • ISBN: 0786489758
  • Category: Social Science
  • Page: 236
  • View: 4850
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In his twenty terms as an associate justice of the Supreme Court of the United States, Clarence Thomas has written nearly 450 opinions. Although they are readily available to the American people, much of the public continues to base its view of Thomas merely on the reporting by the media. This analysis of Thomas's most important majority, concurring, and dissenting opinions offers laypersons and legal professionals alike the opportunity to understand in his own words Thomas's approach to constitutional decision-making and his understanding of the most important provisions of the Constitution.

A Distinct Judicial Power

A Distinct Judicial Power

The Origins of an Independent Judiciary, 1606-1787

  • Author: Scott Douglas Gerber
  • Publisher: Oxford University Press
  • ISBN: 019978096X
  • Category: Law
  • Page: 440
  • View: 1700
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A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.

A Theory of Justice

A Theory of Justice

  • Author: John RAWLS
  • Publisher: Harvard University Press
  • ISBN: 0674042603
  • Category: Philosophy
  • Page: 623
  • View: 9968
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Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

The American Judicial Tradition

The American Judicial Tradition

Profiles of Leading American Judges

  • Author: G. Edward White
  • Publisher: Oxford University Press
  • ISBN: 0195139631
  • Category: Biography & Autobiography
  • Page: 592
  • View: 5606
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Previous editions published : 1988 (expanded), 1976 (1st).

Understanding Clarence Thomas

Understanding Clarence Thomas

The Jurisprudence of Constitutional Restoration

  • Author: Ralph A. Rossum
  • Publisher: N.A
  • ISBN: 9780700619481
  • Category: Biography & Autobiography
  • Page: 295
  • View: 1241
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The first thorough, well-documented, and fair-minded evaluation of Justice Thomas's 500 written opinions during 25 years on the Supreme Court, and, the most complete examination of his consistent original general meaning approach to constitutional interpretation.

Supreme Court Justices

Supreme Court Justices

A Biographical Dictionary

  • Author: Timothy L. Hall
  • Publisher: Infobase Publishing
  • ISBN: 1438108176
  • Category: Judges
  • Page: 566
  • View: 5254
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Presents an alphabetical listing of Supreme Court justices with a short biography on each person.

Judging Thomas

Judging Thomas

The Life and Times of Clarence Thomas

  • Author: Ken Foskett
  • Publisher: Harper Collins
  • ISBN: 006173733X
  • Category: Biography & Autobiography
  • Page: 368
  • View: 9245
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Clarence Thomas, the youngest and most controversial member of the Supreme Court, could become the longest-serving justice in history, influencing American law for decades to come. Who is this enigmatic man? And what does he believe in? Judging Thomas tells the remarkable story of Clarence Thomas's improbable journey from hardscrabble beginnings in the segregated South to the loftiest court in the land. With objectivity and balance, author Ken Foskett chronicles Thomas's contempt for upper-crust blacks who snubbed his uneducated, working-class roots; his flirtation with the priesthood and, later, Black Power; the resentment that fueled his opposition to affirmative action; the conservative beliefs that ultimately led him to the Supreme Court steps; and the inner resilience that propelled him through the doors. Based on interviews with Thomas himself, fellow justices, family members, and hundreds of friends and associates, Judging Thomas skillfully unravels perhaps the most complex, controversial, and powerful public figure in America today.

To Secure These Rights

To Secure These Rights

The Declaration of Independence and Constitutional Interpretation

  • Author: Scott Douglas Gerber
  • Publisher: NYU Press
  • ISBN: 0814730892
  • Category: Law
  • Page: 330
  • View: 8344
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To Secure These Rights enters the fascinating--and often contentious--debate over constitutional interpretation. Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life. Importantly, the theory advanced in this book--what Gerber calls liberal originalism--is neither consistently liberal nor consistently conservative in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, to secure these rights, governments are instituted among men. In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends. Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.

Say It Plain

Say It Plain

A Century of Great African American Speeches

  • Author: Catherine Ellis,Stephen Smith
  • Publisher: The New Press
  • ISBN: 1595587438
  • Category: Social Science
  • Page: 254
  • View: 9245
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Say It Plain is a vivid, moving portrait of how black Americans have sounded the charge against injustice, exhorting the country to live up to its democratic principles. In “full-throated public oratory, the kind that can stir the soul” (Minneapolis Star Tribune), this unique anthology collects the transcribed speeches of the twentieth century’s leading African American cultural, literary, and political figures, many of them never before available in printed form. From an 1895 speech by Booker T. Washington to Julian Bond’s harp assessment of school segregation on the fiftieth anniversary of Brown v. Board in 2004, the collection captures a powerful tradition of oratory—by political activists, civil rights organizers, celebrities, and religious leaders—going back more than a century. The paperback edition includes the text of each speech along with an introduction placing it in its historical context. Say It Plain is a remarkable historical record—from the back-to-Africa movement to the civil rights era and the rise of black nationalism and beyond—riveting in its power to convey the black freedom struggle.

Mr. Justice

Mr. Justice

  • Author: Scott Douglas Gerber
  • Publisher: Sunbury PressInc
  • ISBN: 9781934597354
  • Category: Fiction
  • Page: 298
  • View: 6208
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The election of the first African American president of the United States has awakened the Ku Klux Klan from a long slumber. The Supreme Court has been asked to reconsider its most racially-charged decision of the decade by the president's main political rival. That rival harbors a deep, dark secret ... a secret that only the nation's highest court can expose.And Peter McDonald, the recently widowed law professor the president has nominated to the Court, is in for the fight of his life ... From the power politics that drive the nation's capital, to the racial hatred that fuels the KKK, Mr. Justice is a rocket-paced legal thriller about two worlds on a deadly collision course.

My Grandfather's Son

My Grandfather's Son

A Memoir

  • Author: Clarence Thomas
  • Publisher: Harper Collins
  • ISBN: 006056556X
  • Category: Biography & Autobiography
  • Page: 320
  • View: 8871
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Provocative, inspiring, and unflinchingly honest, My Grandfather's Son is the story of one of America's most remarkable and controversial leaders, Supreme Court Justice Clarence Thomas, told in his own words. Thomas speaks out, revealing the pieces of his life he holds dear, detailing the suffering and injustices he has overcome, including the acrimonious and polarizing Senate hearing involving a former aide, Anita Hill, and the depression and despair it created in his own life and the lives of those closest to him. In this candid and deeply moving memoir, a quintessential American tale of hardship and grit, Clarence Thomas recounts his astonishing journey for the first time.

Stare Indecisis

Stare Indecisis

The Alteration of Precedent on the Supreme Court, 1946-1992

  • Author: Saul Brenner,Harold J. Spaeth
  • Publisher: Cambridge University Press
  • ISBN: 9780521451888
  • Category: Law
  • Page: 151
  • View: 6128
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This book presents a full-length empirical study of why US Supreme Court justices have chosen to alter precedent.

The New Encyclopedia of Southern Culture

The New Encyclopedia of Southern Culture

Volume 10: Law and Politics

  • Author: James W. Ely Jr.,Bradley G. Bond
  • Publisher: UNC Press Books
  • ISBN: 1469616742
  • Category: Reference
  • Page: 456
  • View: 7952
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Volume 10 of The New Encyclopedia of Southern Culture combines two of the sections from the original edition, adding extensive updates and 53 entirely new articles. In the law section of this volume, 16 longer essays address broad concepts ranging from law schools to family law, from labor relations to school prayer. The 43 topical entries focus on specific legal cases and individuals, including historical legal professionals, parties from landmark cases, and even the fictional character Atticus Finch, highlighting the roles these individuals have played in shaping the identity of the region. The politics section includes 34 essays on matters such as Reconstruction, social class and politics, and immigration policy. New essays reflect the changing nature of southern politics, away from the one-party system long known as the "solid South" to the lively two-party politics now in play in the region. Seventy shorter topical entries cover individual politicians, political thinkers, and activists who have made significant contributions to the shaping of southern politics.

First Things

First Things

A Monthly Journal of Religion and Public Life

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Religion and sociology
  • Page: N.A
  • View: 5055
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The Judicial Process

The Judicial Process

Realism, Pragmatism, Practical Reasoning and Principles

  • Author: E. W. Thomas
  • Publisher: Cambridge University Press
  • ISBN: 9780511128622
  • Category: Law
  • Page: 432
  • View: 6684
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In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.

Almanac of the Federal Judiciary

Almanac of the Federal Judiciary

  • Author: Aspen Publishers Editorial
  • Publisher: Aspen Publishers
  • ISBN: 9780735568891
  • Category: Law
  • Page: 2130
  • View: 4355
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The Almanac of the Federal Judiciary has built its considerable reputation by providing balanced, responsible judicial profiles of every federal judge and all the key bankruptcy judges and magistrate judges -- profiles that include reliable inside information based on interviews with lawyers who have argued cases before the federal judiciary. Containing valuable, hard-to-find material on every federal trial judge and appellate judge in the nation, this unique resource includes: Each judge's academic and professional background, experience on the bench, noteworthy rulings, and media coverage Candid, revealing commentary by lawyers, based on first-hand experiences before their local federal judges Helpful tips for your litigating team in shaping case strategy Important insights into each judge's style, demeanor, knowledge, and management of courtroom proceedings And continuing in-depth research, with semiannual updates. The Almanac of the Federal Judiciary is divided into two volumes: Volume 1: District Magistrates and Bankruptcy Judges Volume 2: Circuit Judges

Antonin Scalia's Jurisprudence

Antonin Scalia's Jurisprudence

Text and Tradition

  • Author: Ralph A. Rossum
  • Publisher: N.A
  • ISBN: N.A
  • Category: Biography & Autobiography
  • Page: 298
  • View: 1184
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"This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire nineteen-year Supreme Court tenure. Ralph Rossum focuses on Scalia's more than 600 Supreme Court opinions and dissents - carefully wrought, passionately argued, and filled with well-turned phrases - which portray him as an eloquent defender of an "original meaning" jurisprudence. He also includes analyses of Scalia's Court of Appeals opinions for the D.C. Circuit, his major law review articles as a law professor and judge, and his provocative book, A Matter of Interpretation."--BOOK JACKET.

Supreme Conflict

Supreme Conflict

The Inside Story of the Struggle for Control of the United States Supreme Court

  • Author: Jan Crawford Greenburg
  • Publisher: Penguin
  • ISBN: 9781594201011
  • Category: Political Science
  • Page: 340
  • View: 2131
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Discusses recent ideological shifts within the Supreme Court, profiles controversial judges, and analyzes the changing role of judicial power in American government.

Almanac of the Federal Judiciary

Almanac of the Federal Judiciary

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Judges
  • Page: N.A
  • View: 2095
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