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Clarence Thomas is one of the most vilified public figures of our day. To date, however, his legal philosophy has received only cursory treatment. First Principles provides a portrait of Thomas based not on the justice's caricatured reputation, but on his judicial opinions and votes, his scholarly writings, and his public speeches. 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.
From the opening chapter's bold revision of the character of the American Revolution to the closing chapter's provocative reinterpretation of many of the most famous cases in Supreme Court history, this book demonstrates the importance of approaching constitutional interpretation from more than one discipline. Indeed, Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.
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 an...
Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all." Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.
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.
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
"There is no nation in which the teachers of law play a more prominent role than in the United States. In this unique volume Stephen Presser, a law professor for four decades, explains how his colleagues have both furthered and frustrated the American ideals that ours is a government of laws not men, and that our legal system ought to promote justice for all. In a dazzling review of three centuries of teaching about American law, from Blackstone to Barack Obama, Presser shows how these extraordinary men and women shaped not only our law, but also our politics and culture"--Publisher's website.
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 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.
From beloved author Alyson Gerber comes another realistic contemporary novel perfect for fans of Judy Blume. Sarah loves basketball more than anything. Crushing it on the court makes her feel like she matters. And it's the only thing that helps her ignore how much it hurts when her mom forgets to feed her. But lately Sarah can't even play basketball right. She's slower now and missing shots she should be able to make. Her body doesn't feel like it's her own anymore. She's worried that changing herself back to how she used to be is the only way she can take control over what's happening. When Sarah's crush asks her to be partners in a cooking competition, she feels pulled in a million directions. She'll have to dig deep to stand up for what she needs at home, be honest with her best friends, and accept that she doesn't need to change to feel good about herself. Booklist described Gerber's novels in starred reviews as both "highly empathetic" and "truly inspiring." Taking Up Space promises to be a realistic and compelling story about struggling with body image and learning that true self-esteem comes from within.
By focusing on law, this book offers new insights into the history of religious liberty in colonial America.