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Creating Constitutional Change
Creating Constitutional Change

Clashes over Power and Liberty in the Supreme Court

Ivers, Gregg, McGuire, Kevin T.

Because the justices of the U.S. Supreme Court tell us what the Constitution means, they can create constitutional change. For quite some time, general readers who have been...


Of Courtiers and Kings
Of Courtiers and Kings

More Stories of Supreme Court Law Clerks and Their Justices

Cushman, Clare, Peppers, Todd C.

Supreme Court justices have long relied on law clerks to help process the work of the Court. Yet few outside the Court are privy to the behind-the-scenes bonds that form...


Lighting the Way
Lighting the Way

Federal Courts, Civil Rights, and Public Policy

Rice, Douglas

Do our federal courts, including the Supreme Court, lead or merely implement public policy? This is a critical question in the study and practice of law, with a long history of...


The Warren Court in Historical and Political Perspective
The Warren Court in Historical and Political Perspective
Tushnet, Mark

The tenure of Earl Warren as chief justice of the United States Supreme Court (1953-69) was marked by a series of decisions unique in the history of the Court for the...


The Battle for the Court
The Battle for the Court

Interest Groups, Judicial Elections, and Public Policy

Baum, Lawrence, Klein, David, Streb, Matthew J.

Once largely ignored, judicial elections in the states have become increasingly controversial over the past two decades. Legal organizations, prominent law professors, and a...


Judging on a Collegial Court
Judging on a Collegial Court

Influences on Federal Appellate Decision Making

Hettinger, Virginia A., Lindquist, Stefanie A., Martinek, Wendy L.

in the professional world as a starting point for collaboration; rather than leaving decisions to just one person, dissent offers the opportunity to rethink or reinvent an idea...


The Nature of Rights at the American Founding and Beyond
The Nature of Rights at the American Founding and Beyond
Shain, Barry Alan

Americans have been claiming and defending rights since long before the nation achieved independence. But few Americans recognize how profoundly the nature of rights has...


Judicial Independence in the Age of Democracy
Judicial Independence in the Age of Democracy

Critical Perspectives from around the World

Russell, Peter H., O'Brien, David M.

This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international...


Battle over the Bench
Battle over the Bench

Senators, Interest Groups, and Lower Court Confirmations

Steigerwalt, Amy

Who gets seated on the lower federal courts and why? Why are some nominees confirmed easily while others travel a long, hard road to confirmation? What role do senators and...


Diversity Matters
Diversity Matters

Judicial Policy Making in the U.S. Courts of Appeals

Haire, Susan B., Moyer, Laura P.

Until President Jimmy Carter launched an effort to diversify the lower federal courts, the U.S. courts of appeals had been composed almost entirely of white males. But by 2008...


The Constitutional Thought of Thomas Jefferson
The Constitutional Thought of Thomas Jefferson
Mayer, David N.

In this comprehensive account of Thomas Jefferson's constitutional thought, David N. Mayer offers a fresh perspective on Jefferson's philosophy of government. Eschewing the "...


Justice Curtis in the Civil War Era
Justice Curtis in the Civil War Era

At the Crossroads of American Constitutionalism

Streichler, Stuart

During a career as both a lawyer and a Supreme Court justice, Benjamin R. Curtis addressed practically every major constitutional question of the mid-nineteenth century, making...


The Supreme Court Bar
The Supreme Court Bar

Legal Elites in the Washington Community

McGuire, Kevin T.

Who represents litigants in the Supreme Court of the United States? Kevin T. McGuire shows that the most sophisticated of them have the advantage of representation by an elite...


The View from the Bench and Chambers
The View from the Bench and Chambers

Examining Judicial Process and Decision Making on the U.S. Courts of Appeals

Bowie, Jennifer Barnes, Songer, Donald R., Szmer, John

For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased...


A Storm over This Court
A Storm over This Court

Law, Politics, and Supreme Court Decision Making in Brown v. Board of Education

Hockett, Jeffrey D.

On the way to offering a new analysis of the basis of the Supreme Court’s iconic decision in Brown v. Board of Education, Jeffrey Hockett critiques an array of theories...


Law, Politics, and Perception
Law, Politics, and Perception

How Policy Preferences Influence Legal Reasoning

Braman, Eileen

Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings...


The Senate
The Senate

From White Supremacy to Governmental Gridlock

Wirls, Daniel

In this lively analysis, Daniel Wirls examines the Senate in relation to our other institutions of government and the constitutional system as a whole, exposing the role of the...


The View of the Courts from the Hill
The View of the Courts from the Hill

Interactions between Congress and the Federal Judiciary

Miller, Mark C.

The View of the Courts from the Hill explores the current interactions and relationship between the U.S. Congress and federal courts using a "governance as dialogue"...


Strategic Selection
Strategic Selection

Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush

Nemacheck, Christine

The process by which presidents decide whom to nominate to fill Supreme Court vacancies is obviously of far-ranging importance, particularly because the vast majority of...


Race Relations Litigation in an Age of Complexity
Race Relations Litigation in an Age of Complexity
Wasby, Stephen L.

The first book-length study of civil rights litigation from the late 1960s through the early 1980s, Race Relations Litigation in an Age of Complexity fills a void in the...


Juries and Judges versus the Law
Juries and Judges versus the Law

Virginia's Provincial Legal Perspective, 1783–1828

Miller, F. Thornton

Juries and Judges versus the Law examines the efforts of Virginians to resist the imposition of a supreme law of the land, to be enforced by a supreme court. F. Thornton Miller...


New Communitarian Thinking
New Communitarian Thinking

Persons, Virtues, Institutions, and Communities

Etzioni, Amitai

Communitarian thought is at the heart of a fierce debate in political theory about the justice, efficacy, and future of liberalism and liberal societies. Amitai Etzioni has...


Merely Judgment
Merely Judgment

Ignoring, Evading, and Trumping the Supreme Court

Sweet, Martin J.

Merely Judgment uses affirmative action in government contracting, legislative vetoes, flag burning, hate speech, and school prayer as windows for understanding how...


Voters' Verdicts
Voters' Verdicts

Citizens, Campaigns, and Institutions in State Supreme Court Elections

Bonneau, Chris W., Cann, Damon M.

In Voters’ Verdicts, Chris Bonneau and Damon Cann address contemporary concerns with judicial elections by investigating factors that influence voters’ decisions in the...


Courts, Politics, and Culture in Israel
Courts, Politics, and Culture in Israel
Edelman, Martin

In this clearly written and tightly argued analysis of the various Israeli court systems, Martin Edelman probes a fundamental issue: whether those courts protect human rights...


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