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The People's Government
Examines the strengths and weaknesses of democracy, in multiple forms, in multiple locations.
Buffalo City Directory
Historical papers are prefixed to several issues.
On Dissent
America values dissent. It tolerates, encourages, and protects it. But what is this thing we value? That is a question never asked. "Dissent" is treated as a known fact. For all that has been said about dissent - in books, articles, judicial opinions, and popular culture - it is remarkable that no one has devoted much, if any, ink to explaining what dissent is. No one has attempted to sketch its philosophical, linguistic, legal, or cultural meanings or usages. There is a need to develop some clarity about this phenomenon we call dissent, for not every difference of opinion, symbolic gesture, public activity in opposition to government policy, incitement to direct action, revolutionary effort, or political assassination need be tagged dissent. In essence, we have no conceptual yardstick. It is just that measure of meaning that On Dissent offers.
The Supreme Court in Conference (1940-1985)
The Supreme Court in Conference offers a fascinating and unprecedented look at the private debates between Justices on nearly 300 landmark cases from 1940-1985. Major decisions such as Roe v. Wade and Brown v. Board of Education are covered and the notes of Justices Felix Frankfurter, William O. Douglas, Frank Murphy, Robert Jackson, Harold Burton, Tom Clark, Earl Warren and William Brennan are opened to shed light on what goes on behind the closed doors of the secretive conference room.In this unique and revealing work on some of the most profound rulings made at a turbulent time in American history, the reader is given insight into how and why certain decisions were reached. With expert ed...
The Supreme Court and McCarthy-Era Repression
In this volume, attorney Robert M. Lichtman provides a comprehensive history of the U.S. Supreme Court's decisions in "Communist" cases during the McCarthy era. Lichtman shows the Court's vulnerability to public criticism and attacks by the elected branches during periods of political repression. The book describes every Communist-related decision of the era (none is omitted), placing them in the context of political events and revealing the range and intrusiveness of McCarthy-era repression. In Fred Vinson's term as chief justice (1946-53), the Court largely rubber-stamped government action against accused Communists and "subversives." After Earl Warren replaced Vinson as chief justice in 1...
Federal Courts in Context
Federal Courts deservedly have the reputation of being an exceptionally difficult course, and this book is designed to make it accessible to students by providing the context of cases and doctrines, as well as explaining their relevance to the issues being litigated in the 21st century. Federal Courts in Context supports what pedagogic research calls “deep learning.” It does so by framing federal jurisdiction and structural constitutional law using clear, concise explanations of the social and historical context of canonical cases to reveal the concrete stakes of traditional debates about federal judicial power. The result is an engaging, accessible, and richly textured account of the su...
Do Great Cases Make Bad Law?
Justice Holmes proclaimed that 'great cases, like hard cases make bad law'. He explained that this was so because the 'hydraulic pressures' of the great case tend to distort the judgements of the justices. The purpose of this book is to examine 25 great cases that arose throughout the history of the Supreme Court and to attempt to determine whether Holmes was correct. More particularly, the book discusses the impact that the greatness of the case may have had on its presentation to the Court, the Court's deliberations, the decision, the opinion and the law that was created.
Failing Justice
In the history of the U.S. Supreme Court, Associate Justice Charles Evans Whittaker (1957-1962) merited several distinctions. He was the only Missourian and the first native Kansan appointed to the Court. He was one of only two justices to have served at both the federal district and appeals court levels before ascending to the Supreme Court. And Court historians have routinely rated him a failure as a justice. This book is a reconsideration of Justice Whittaker, with the twin goals of giving him his due and correcting past misrepresentations of the man and his career. Based on primary sources and information from the Whittaker family, it demonstrates that Whittaker's life record is definitely not one of inadequacy or failure, but rather one of illness and difficulty overcome with great determination. Nine appendices document all aspects of Whittaker's career. Copious notes, a selected bibliography, and two indexes complete a work that challenges the historical assessment of this public servant from Missouri.
Neoconservative Politics and the Supreme Court
In this concise, timely book, constitutional law expert Stephen M. Feldman draws on neoconservative writings to explore the rise of the neocons and their influence on the Supreme Court. Neocons burst onto the political scene in the early 1980s via their assault on pluralist democracy’s ethical relativism, where no pre-existing or higher principles limit the agendas of interest groups. Instead, they advocated for a resurrection of republican democracy, which declares that virtuous citizens and officials pursue the common good. Yet despite their original goals, neocons quickly became an interest group themselves, competing successfully within the pluralist democratic arena. When the political winds shifted in 2008, however, neocons found themselves shorn of power in Congress and the executive branch. But portentously, they still controlled the Supreme Court. Neoconservative Politics and the Supreme Court explains how and why the neoconservatives criticized but operated within pluralist democracy, and, most important, what the entrenchment of neocons on the Supreme Court means for present and future politics and law.
