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The Law Clerks of Chief Justice Earl Warren: Jesse H. Choper
This project records oral history interviews with those who clerked for the Chief Justice from the time he was appointed by President Eisenhower in 1953 until his retirement from the bench in 1969. Each former clerk's interview has a strong focus on the yearlong (or, rarely, two-year) term of the Supreme Court clerkship. Discussions also touch on the legacy of the Warren Court, a subject the former clerks are in a unique position to comment upon at some length. The topics explored in the interviews include: the transformative nature of the Warren period in constitutional law; leadership vs. scholarship and the nature of Warren's authority; the role of the associate justices and of the court as a whole; watershed cases, such as Brown v. Board of Education and Miranda v. Arizona; the role and visibility of law clerks; the legacy and the evolution of constitutional law since the Warren Court; how the experience influenced each former clerk's life and career trajectory.
The Supreme Court
Edited transcript of the Supreme Court Review and Constitutional Law Symposium.
Judicial Review and the National Political Process
As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
Constitutional Law
This supplement brings the principal text current with recent developments in the law.
Over the Wall
Discusses the relationship between the secularization of American society and Supreme Court decisions regarding the separation of church and state and offers a judicial alternative.
Constitutional Law
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In Defense of a Political Court
Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's p...
Interpreting the Free Exercise of Religion
A generation ago, all of the big questions concerning religious freedom in America seemed to have been resolved. At the very least, the lines of division between proponents of a wall of separation between church and state and advocates of religious accommodation seemed clearly drawn. Since then, increasing religious diversity and changing functions of government have raised new questions about what it means to allow the free exercise of religion. In this book, Bette Novit Evans explores the contemporary understandings of this First Amendment guarantee in all of its complexity and ambiguity. Evans situates constitutional arguments about free exercise within the context of theological and soci...
The Last Freedom
The presidency of George W. Bush has polarized the church-state debate as never before. The Far Right has been emboldened to use religion to govern, while the Far Left has redoubled its efforts to evict religion from public life entirely. Fewer people on the Right seem to respect the church-state separation, and fewer people on the Left seem to respect religion itself--still less its free exercise in any situation that is not absolutely private. In The Last Freedom, Joseph Viteritti argues that there is a basic tension between religion and democracy because religion often rejects compromise as a matter of principle while democracy requires compromise to thrive. In this readable, original, an...
Defending Congress and the Constitution
The culmination of four decades of research and service on behalf of Congress, Louis Fisher's latest work is a fitting capstone to a remarkable career as scholar and writer and presents his most articulate, passionate, and persuasive defense yet of Congress as an institution. Our nation's leading authority on the separation of powers, Fisher offers a lucid primer on our nation's government and its executive, legislative, and judicial branches while vigorously advocating a robust reassertion of Congress's rightful role within that system. Drawing on a wide range of legislation, Supreme Court rulings, and presidential decisions, Fisher illuminates the contentious contest among the three major ...
