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Lusky examines the role of the Supreme Court in today's society. His book serves as a reminder that the Supreme Court's constitutional rulings, which have led us toward an open and self-governing society, have won popular acceptance because they are thought to be based on legal principle rather than the personal preferences of the Justices. In recent years, the Court has announced many new constitutional rules without recognizing the importance of showing that it still considers itself the servant of the law. According to Lusky, unless the Court takes more care to demonstrate the principled basis of its constitutional decisions, it may lose its vital ability to defuse conflicts within society.
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Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein considers the ways a particularly gifted federal judge seized the opportunities available to district judges to influence the results of the cases before him, and employed the tools available to him to make policy having a national impact. In the book, author Jeffrey Morris considers the ways in which the judge, Jack Weinstein of the Eastern District of New York, has been limited by his position. This book adds to the slim literature about the policy-making role of district judges applying the work of legal historians, political scientists and those trained in the law. Focusing upon an admitted judicial activist - perh...
First Published in 1991. This is a collection of essays which address themselves to the American concern for constitutional government and its attendant political liberty. Against a backdrop of the current international movement towards establishing new governing orders, this work explains the principles of the American founding and the politics which established them and now flow from them.
"People out of Place reshapes our understanding of the 1960s by telling a previously unknown story about often overlooked criminal laws prohibiting vagrancy. As Beats, hippies, war protesters, Communists, racial minorities, civil rights activists, prostitutes, single women, poor people, and sexual minorities challenged vagrancy laws, the laws became a shared constitutional target for clashes over radically different visions of the nation's future"--
Essential writings of the leading scholar of law and violence
"Based on Supreme Court archives, the personal papers of justices and other figures at the Supreme Court, and interviews and written surveys with 150 former clerks, Sorcerers' Apprentices is a rare behind-the-scenes look at the life of a law clerk, and how it has evolved since its nineteenth-century beginnings."--BOOK JACKET.
More than forty years after Brown v. Board of Education put an end to segregation of the races by law, current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty about the meaning of race in American culture and the role of law in guaranteeing racial equality. Race, Law and Culture takes the continuing controversy about race as an invitation to revisit Brown, and Brown as a lens through which to view that controversy. The essays collected here are diverse in their perspectives and lively in their presentation. Taken together they provide a fresh look at Brown as well as the way it is implicated in America's contemporary uncertainties about race.