The Warren Court: A RetrospectiveOxford University Press, 1996. gada 10. okt. - 416 lappuses A judge-made revolution? The very term seems an oxymoron, yet this is exactly what the Supreme Court under Chief Justice Earl Warren achieved. In Bernard Schwartzs latest work, based on a conference at the University of Tulsa College of Law, we get the first retrospective on the Warren Court--a detailed analysis of the Courts accomplishments, including original pieces by well-known judges, professors, lawyers, popular writers such as Anthony Lewis, David Halberstam, David J. Garrow, and a rare personal remembrance by Justice William J. Brennan, Jr. The Warren Court: A Retrospective begins with an examination of the Courts decisions in a variety of different fields, such as equal protection, freedom of speech, freedom of the press, and criminal law. The work continues with The Justices, an intimate look at the principal protagonists in the Courts operation. Then, in A Broader Perspective, the book looks at the Court from an historical perspective, demonstrating its impact on the legal profession and jurisprudence, its international impact, and its legacy. Both readable and informative, The Warren Court: A Retrospective provides an invaluable source for anyone interested in the Court that did so much to change America. |
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action American approach argued Bill of Rights Board of Education Brown Burger Court challenge Chief Justice Chief Justice Warren civil rights claim common law Congress constitutional law constitutionally criminal procedure criticism decided defendant desegregation dissenting doctrine Douglas Douglas's Due Process Earl Warren effect Equal Protection Clause exclusionary rule federal Felix Frankfurter Fourteenth Amendment Fourth Amendment free speech freedom Griswold Harlan Harv Hugo Black important individual interrogation invalidating issues judges judicial jurisprudence Justice Black Justice Brennan lawyer legal process legal scholars legislative legislature libel liberty majority Mapp Marshall ment Miranda modernism modernist NAACP opinion plaintiff police political post-Warren postmodernism principles problems Professor prophylactic rules question race racial discrimination reapportionment reason Rehnquist Court remedy role Schwartz segregation social society statute supra note Supreme Court suspect theory tion U.S. Supreme Court United violation vote Warren Court White wrote York
Populāri fragmenti
345. lappuse - The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance.
28. lappuse - But in view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind and neither knows nor tolerates classes among citizens.
50. lappuse - We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities?
73. lappuse - Thus we consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.
73. lappuse - This argument misconceives what it is that the Constitution protects. Its guarantee is not confined to the expression of ideas that are conventional or shared by a majority. It protects advocacy of the opinion that adultery may sometimes be proper, no less than advocacy of socialism or the single tax. And in the realm of ideas it protects expression which is eloquent no less than that which is unconvincing.
63. lappuse - ... so far inferior that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.
83. lappuse - In the context of NAACP objectives, litigation is not a technique of resolving private differences; it is a means for achieving the lawful objectives of equality of treatment by all government, federal, state and local, for the members of the Negro community in this country. It is thus a form of political expression.
345. lappuse - The Third Amendment in its prohibition against the quartering of soldiers "in any house" in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment....
50. lappuse - We doubt very much whether any action of a State not directed, by way of discrimination, against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.
120. lappuse - ... abdication through unawareness of their constitutional rights. No system worth preserving should have to fear that if an accused is permitted to consult with a lawyer, he will become aware of, and exercise, these rights. If the exercise of constitutional rights will thwart the effectiveness of a system of law enforcement, then there is something very wrong with that system.
Atsauces uz šo grāmatu
The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative ... Charles R. Epp Ierobežota priekšskatīšana - 1998 |
Liberties Lost: The Endangered Legacy of the ACLU Woody Klein,Roger Nash Baldwin Priekšskatījums nav pieejams - 2006 |