Earl Warren and the Warren Court: The Legacy in American and Foreign Law
Earl Warren and the Warren Court comprises essays written by leading experts from the fields of law, history, and social science on the most important areas of the Warren Court's contributions in American law. In addition, Scheiber includes appraisals of the Warren Court's influence abroad, written by authorities of legal development in Europe, Latin America, Canada, and East Asia. This book offers a unique set of analyses that portray how innovations in American law generated by the Warren...
Search in google:
Earl Warren and the Warren Court comprises essays written by leading experts from the fields of law, history, and social science on the most important areas of the Warren Court's contributions in American law. In addition, Scheiber includes appraisals of the Warren Court's influence abroad.
Preface viiAcknowledgments xiIntroduction: The Warren Court, American Law, and Modern Legal Cultures Harry N. Scheiber 1Doctrines: Questions of Equality and LibertyVenturing onto the Path of Equal Representation: The Warren Court and Redistricting Melissa Cully Anderson Bruce E. Cain 29The Black Basis of Constitutional Development Malcolm M. Feeley 49Race, Agency, and Equal Protection: A Retrospective on the Warren Court Sheila Foster 77How Earl Warren's Twenty-Two Years in Law Enforcement Affected His Work as Chief Justice Yale Kamisar 91Corliss Lamont and the Postmaster General: A Synecdoche for the First Amendment in the Era of the Warren Court (1953-1969) William Van Alstyne 113The Early Hours of the Post-World War II Model of Constitutional Federalism: The Warren Court and the World Vicki C. Jackson 137Process: Judicial Style and StrategyThe Warren Court and Congress Gordon Silverstein 197Avoiding Constitutional Questions in the Early Warren Court: Judicial Craftsmanship and Statutory Interpretation Philip P. Frickey 209Impact: The Legacy in Other Legal SystemsThe Seduction of Judicially Triggered Social Transformation: The Impact of the WarrenCourt in Latin America Javier A. Couso 237The Warren Court in East Asia: An Essay in Comparative Law Thomas Ginsburg 265The Impact of the Warren Court in Canada: A View from the Trenches Edward Greenspan 295Political Hero, Legal Dwarf? The Impact of the Warren Court in Europe Eivind Smith 309An American Dilemma and the Scandinavian Dream: The Citizen Meets Modernity and the Strong Nation-State-A Study in Comparative Legal Cultures Kjell Ake Modeer 333Afterword: Earl Warren-A Law Clerk's Memory of the Man and The Court Jesse H. Choper 357Contributors 363
\ CHOICEAlmost 40 years after Chief Justice Earl Warren retired, the Court that bears his name remains influential. This volume grew from a 2004 conference at Warren's alma mater, the University of California, Berkley; it complements Jim Newton's biography of Warren,Justice for All (2006), and Ed Cray'sChief Justice: A Biography of Earl Warren (1997) by focusing less on Warren than on the Court that he led. Many legal heavy hitters, mostly law professors, contributed to the volume, which features an introduction, 13 chapters, and a brief afterword. Summing Up: Recommended for all readership levels.\ \ \ \ \ H-Net: Humanities and Social Science Reviews OnlineThe contributors to this collection take what has become in some ways a rather static discussion about the history of the Warren Court and open it up in illuminating, analytically powerful ways.\ \ \ Stanley N. KatzMuch print has been spilled about the Warren Court "revolution," but this collection of essays is very much worth reading. It compiles the wisdom of an unusually diverse and talented group of legal writers, and it provides unique perspectives on the impact of the Warren Court abroad. Earl Warren and the Warren Court is an important contribution to the literature on the modern Supreme Court of the United States.\ \ \ \ \ Lawrence M. FriedmanThis is an unusually fine and unhackneyed collection of essays on the work of the United States Supreme Court during the Earl Warren years, and the significance of that work for society and for the legal order. The chapters on the influence of Warren and his court outside the United States are an unusual and fascinating feature of this collection.\ \ \ \ \ Robert W. GordonThese essays add up to a searching reappraisal of the Warren Court. While fully appreciating the great contributions of that Court to fair and equal treatment of America's minorities and pariahs, the authors also look with a clear and critical eye on the Court's limitations and failures. They challenge the common view that the Warren Court was radically "activist", showing that although the Court took the lead on many issues of civil rights and liberties, it worked alongside Congress and the executive and was cautious in challenging strongly held public opinions, though often naïve in failing to foresee how hostile public reactions to its decisions would be. The most original and fascinating chapters look at the reception of the Warren Court's work in foreign countries and legal cultures. Some foreign lawyers saw the Warren Court as a model of what judges should not do, "political" rather than "legal" decision-making. But many took inspiration from the Court's work to embolden constitutional review, public-interest law, and the protection of human rights in their own countries. These essays are thoughtful, reflective, and often startlingly novel work of high quality. They are a both a fine introduction to the Warren Court and a fresh source of new insight for those who think they know the subject well.\ \ \ \ \ H-Net: Humanities and Social Science Reviews OnlineThe contributors to this collection take what has become in some ways a rather static discussion about the history of the Warren Court and open it up in illuminating, analytically powerful ways.\ \ \ \ \ ChoiceAlmost 40 years after Chief Justice Earl Warren retired, the Court that bears his name remains influential. This volume grew from a 2004 conference at Warren's alma mater, the University of California, Berkley; it complements Jim Newton's biography of Warren,Justice for All (2006), and Ed Cray'sChief Justice: A Biography of Earl Warren (1997) by focusing less on Warren than on the Court that he led. Many legal heavy hitters, mostly law professors, contributed to the volume, which features an introduction, 13 chapters, and a brief afterword. Summing Up: Recommended for all readership levels.\ \
