Judges on Judging Views from the Bench

ISBN-10: 0872899519
ISBN-13: 9780872899513
Edition: 3rd 2007 (Revised)
Authors: David M. O'Brien
List price: $45.00
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Description: Let the Judges tell your students how they reach a verdict.Thoroughly revised, with expanded historical and international coverage, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. In this  More...

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Book details

List price: $45.00
Edition: 3rd
Copyright year: 2007
Publisher: CQ Press
Publication date: 9/18/2008
Binding: Paperback
Pages: 338
Size: 6.00" wide x 8.75" long x 0.75" tall
Weight: 1.100

Let the Judges tell your students how they reach a verdict.Thoroughly revised, with expanded historical and international coverage, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. In this wide-ranging collection, Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional and statutory interpretation, judicial federalism, and the role of the judiciary. New selections come from such distinguished jurists as Judge Jerome Frank (U.S. Court of Appeals), Judge D. Brock Hornby (U.S. District Court), Chief Justice John G. Roberts, Jr. (Supreme Court of the United States), Justice Benjamin N. Cardozo (Supreme Court of the United States), and Chief Justice Aharon Barak (Supreme Court of Israel). With updated introductions to provide students with necessary thematic and historical context, this book is the perfect supplement to present a nuanced view of the judiciary.

David M. O'Brien is the Leone Reaves and George W. Spicer Professor at the University of Virginia. He has been a Judicial Fellow and Research Associate at the Supreme Court of the U.S.; and held Fulbright Teaching and Research Awards at Oxford University, England; the University of Bologna, Italy; and in Japan; as well as was a Visiting Fellow at the Russell Sage Foundation in New York, and a Visiting Professor at Institut d'Etudes Politique Universite Lumiere-Lyon 2. He was a commissioner on the U.S.-Japan Conference on Cultural and Educational Exchange and the Japan-U.S. Friendship Commission.

Preface
Introduction
Judicial Review and American Politics: Historical and Political Perspectives
Introduction
The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury
The Supreme Court in the American System of Government
The Dynamics of the Judicial Process
Introduction
Advice and Consent in Theory and Practice
The "Fight" Theory versus the "Truth" Theory
The Adversary Judge: The Experience of the Trial Judge
The Business of the U.S. District Courts
What I Ate for Breakfast and Other Mysteries of Judicial Decision Making
Whose Federal Judiciary Is It Anyway?
What Really Goes on at the Supreme Court
The Supreme Court's Conference
Deciding What to Decide: The Docket and the Rule of Four
The Role of Oral Argument
Year-End Report on the Federal Judiciary (2007)
The Judiciary and the Constitution
Introduction
The Path of Law
The Judge as a Legislator
The Notion of a Living Constitution
A Relativistic Constitution
The Jurisprudence of Judicial Restraint: A Return to the Moorings
Tradition and Morality in Constitutional Law
What Am I, a Potted Plant? The Case Against Strict Constructionism
Originalism: The Lesser Evil
The Constitution: A Living Document
The Constitution of the United States: Contemporary Ratification
Speaking in a Judicial Voice: Reflections on Roe v. Wade
Our Democratic Constitution
Against Constitutional Theory
The Importance of Comparative Law
The Two Faces of Judicial Activism
The Judiciary and Federal Regulation: Line Drawing and Statutory Interpretation
Introduction
Some Reflections on the Reading of Statutes
What Does Legislative History Tell Us?
Our Dual Constitutional System: The Bill of Rights and the States
Introduction
The Bill of Rights
Guardians of Our Liberties-State Courts No Less Than Federal
First Things First: Rediscovering the States' Bills of Rights
State Courts at the Dawn of a New Century: Common Law Courts Reading Statutes and Constitutions
Constitution of the United States, Article III
The Federalist, No. 78, Alexander Hamilton
Selected Bibliography of Off-the-Bench Commentaries
Time Chart of Members of the Supreme Court of the United States
About the Editor

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