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A Distinct Judicial Power
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...
First Principles
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.
To Secure These Rights
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.
The Art of the Law
Nevin Montgomery, a young lawyer with a prestigious Boston law firm, is dispatched to the Cape Cod compound of Andrew Windsor, the most acclaimed artist in America, to update Windsor's will. Nevin arrives to the news that a woman, who had secretly modeled for Windsor for decades, has been found dead. Nevin, who is battling a hidden drug addiction, is asked to remain at the Windsor compound to complete his assignment because the health of his law firm's most famous client is deteriorating rapidly. Nevin is introduced to the secretive art world, and he becomes smitten along the way with Catina Cruz, a beautiful young Portuguese-American woman he meets at the compound. Nevin eventually learns t...
The Declaration of Independence
Gerber (law, Ohio Northern U.) presents primary documents and 12 essays exploring the origins and impacts of the American Declaration of Independence. The political theory and text of the Declaration are explored through examinations of its impact on the constitution as well as explorations of how Abraham Lincoln and Supreme Court Justice Clarence Thomas have used its language in addressing issues of public policy. The influence of the Declaration on the political architecture and institutions of the United States is explore in discussions of the Articles of Confederation, the U.S. Constitution of 1787, the Bill of Rights, and the constitutions of states. African American's experiences with the Declaration, as evidenced by speeches by Frederick Douglass, Martin Luther King Jr., and Malcolm X, is discussed in a section that also looks at its reception by the women's rights movement and by people abroad. The documents in the appendix are included to shed light on the arguments of the chapters. Annotation copyrighted by Book News, Inc., Portland, OR
Seriatim
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.
Mr. Justice
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.
The Art of the Law
Nevin Montgomery, a young lawyer with a prestigious Boston law firm, is dispatched to the Cape Cod compound of Andrew Windsor, the most acclaimed artist in America, to update Windsor's will. Nevin arrives to the news that a woman who had secretly modeled for Windsor for almost twenty years has been found dead. Nevin, who is battling a hidden drug addiction, is asked to remain at the Windsor compound to complete his assignment because the health of his law firm's most famous client is deteriorating rapidly. Nevin is introduced to the secretive art world, and he becomes smitten along the way with Catina Cruz, a beautiful young Portuguese-American woman he meets at the compound. Nevin eventuall...
My Grandfather's Son
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.
Rehabilitating Lochner
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.
