The Oxford Companion to the Supreme Court of the United States

Book Description

The Supreme Court has continued to write constitutional history over the thirteen years since publication of the highly acclaimed first edition of The Oxford Companion to the Supreme Court. Two new justices have joined the high court, more than 800 cases have been decided, and a good deal of new scholarship has appeared on many of the topics treated in the Companion. Chief Justice William H. Rehnquist presided over the impeachment trial of President Bill Clinton, and the Court as a whole played a decisive and controversial role in the outcome of the 2000 presidential election. Under Rehnquists's leadership, a bare majority of the justices have rewritten significant areas of the law dealing with federalism, sovereign immunity, and the commerce power. This new edition includes new entries on key cases and fully updated treatment of crucial areas of constitutional law, such as abortion, freedom of religion, school desegregation, freedom of speech, voting rights, military tribunals, and the rights of the accused. These developments make the second edition of this accessible and authoritative guide essential for judges, lawyers, academics, journalists, and anyone interested in the impact of the Court's decisions on American society.

Customer Reviews:

The Oxford Companion to the Supreme Court of the United States.......2007-08-01

I bought this as a reference work, but I have found that it is a good read, also. Discussions of cases go into the details of what the issues of each case were, what the decision of the majority and minority of the court was, and the reasoning behind the decision. It also gives a clear understanding of the place of the Supreme Court in American government and life. This is a must for those who wish to understand the Supreme Court and how it came to be what it is now.

An excellent reference.......2006-06-03

It is difficult to say whether the contentious atmosphere that currently exists regarding the legal opinions of the Supreme Court is greater than any other time in the history of the United States. There have been times, especially during the Civil War and World War I when the Supreme Court raised the ire of many a citizen. Some of the "activist" justices, as some of them are now called, could perhaps be designated as "activist light" if compared with some of the justices of the past. This book gives ample evidence for this comparison, but also gives information on a wide variety of legal issues that the Supreme Court has had to deal with throughout its history. It would probably not be read from cover to cover, but instead serves as a general reference for those readers who are not and do not intend to become legal scholars, but are curious as to the reasoning patterns deployed by the justices who sat on the Court. Readers who are approaching this subject for the first time will find many surprises about the Court, both in the opinions expressed by the judges and in their personal histories and backgrounds. It is fair to say that legal opinions are guided predominantly by the historical context in which they are put forth, and this claim seems to gain more substantiation as more articles in this book are read and studied.

One of the more surprising things to learn from this book is that the Supreme Court never really considered free speech issues with the First Amendment until as late as 1919, in Schenck v. United States. This case is also discussed in this book, and revolves around Charles Schenck, who was general secretary of the Socialist party of the time. Schenck and a few other defendants were convicted with a violation of the 1917 Espionage Act by conspiring to obstruct military recruiting and enlistment via the circulation of pamphlet. Justice Oliver Wendell Holmes wrote the unanimous opinion for the court ruling against Schenck and defendants and thus upholding their conviction. This case was the first time the famous statement of "crying fire in a public theatre" was used to restrict an "absolutist" interpretation of the First Amendment. It could also be viewed as an example of how even legal authorities, who are supposed to be calm and rational during emergencies or times of war, can succumb to the pressures of the times (in this case the pre- and post-war hysteria of World War I) and not be able to divorce themselves from their past personal histories (Holmes himself was wounded three times while serving in the Union Army during the Civil War). The Holmes Court effectively said that the First Amendment is not to be taken literally, and if speech presents a "clear and present danger" then governmental agencies have the right to punish the purveyors of this speech. Free speech issues dominant legal discussions at the present time, and the legal standing of "hate speech" is discussed in an article in this book. One can find solace in knowing that the Supreme Court has not found "hate speech" to be prohibited by the Constitution, despite attempts of many groups to justify its prohibition by appeals to constitutional law. The article on "hate speech" discusses some of these cases and gives a few references.

Without doubt the most despicable legal decision ever put forth by the Supreme Court was the case Scott v. Sandford in 1857. Known famously as the `Dred Scott Case', it is characterized in this book as one of the most important cases in American constitutional law. The decision essentially said that blacks are not citizens of the United States and therefore could not sue in federal courts. In addition, slaves were "property" that was "protected" by the Constitution. Naturally, and justifiably from a moral standpoint, the decision provoked hostile reaction against the Court, and the justices who ruled against Scott clearly were "activist heavy". In reference to the Dred Scott decision, the abolitionist William Garrison was justified in his statement that the Constitution was a "a covenant with death, and an agreement with hell."

The case Roe v. Wade is also discussed at length in this book, as expected. It will be interesting to see whether this case is overturned in the near future. If it is it might be because of a kind of `legal fatigue' that seems to be setting in dialog about the case. The arguments both for and against Roe v. Wade are repeated over and over again and have become almost platitudes. Rather than being a complicated Constitutional issue, is seems that the legal reasoning surrounding Roe v. Wade has become desiccated and has exhausted itself, offering no further insights or justifications for privacy.

Massive tome on the Supreme Court........2005-10-07

_The Oxford Companion to the United States Supreme Court of the United States_ (Kermit Hall, ed.) is a massive tome containing a vast swath of information: cases, traditions, theories of constitutional interpretations, historical events, and biographies of all of the Supreme Court Justices. It has the same material (word for word) as Kermit Hall's _The Oxford Guide to United States Supreme Court Decisions_ but this is much more worthwhile reference work because it contains more contextual material than the cases themselves. This book is by no means exhaustive, but it provides a very informative overview of what the Supreme Court has been up to for the past two hundred years and the very different personalities serving on the body.

A worthy companion.......2005-09-29

As the nation prepares to welcome the seventeenth Chief Justice, this book is a wonderful guide to the processes of the least 'media-exposed' branch of the federal government and its highest institution, the Supreme Court.

This book has many handy features for researchers and general enthusiasts. There are brief biographies - personal, professional and judicial - of each of the Chief Justices and Associate Justices of the Supreme Court (there have been 108 in all, with 113 appointments, as 5 Associate Justices have later been appointed as Chief Justice) together with pictures of each. There are synopses of over 400 of the most pivotal cases in the history of the Supreme Court (Marbury v. Madison, Brown v. Board of Education, Roe v. Wade, even Bush v. Gore from the year 2000) - each of these cases is presented with voting record (who wrote the opinion, who concurred, who dissented, and who wrote additional opinions) as well as the pertinent issues in the cases and the implications of the decisions.

This is a very comprehensive guide. There are essays on key issues that are very thorough - for example, the essay on 'Federalism' is an eleven page entry that includes general political principles as well as court work. There are essays on each Article of the Constitution as well as each of the Amendments. One of the longest entries is the essay on 'History of the Court', subdivided into major chronological sections - this is one of the best, brief encapsulations of the history of the high court and how it is has made an impacted (and in turn been influenced by) society that I have read. There are also entries on the physical structures of the court - the essay on the building gives an historical overview of where and in what setting the court has met, and minor entries include features of the current building (for example, there is a short entry entitled 'Barber Shop', which talks about the facility for Justices and male employees of the court to get a haircut - it mentions nothing of where O'Connor, Ginsburg or the female court employees might get their hair done). One also learns that there is a basketball court in the gymnasium of the Supreme Court, but that basketball is prohibited while the court is in session, as the dribbling balls can be heard in the court chamber.

There are also entries on key judicial concepts. The concept of Constitutional Interpretation is something that many people take for granted, but is in fact an continually changing methodology. There are Common Law concepts such as the Writ of Mandamus and Writ of Certiorari (each have an entry) as well as the more structured Writ of Habeas Corpus. One also discovers here that 'Mootness' is a word.

There are several appendices that are also handy features. The first appendix, appropriately, is the full text of the Constitution. The second appendix lays out the nominations, terms and succession of the Justices in several ways, including an interesting graphical representation organised alongside presidential terms, as well another chronology that shows number of days without a full court appointed (when we imagine that a few months is a long time to go in the nomination and approval process, we can see that from 1843 to 1846, there were 965 days without a full court).

For trivia buffs, appendix three is a fun piece - there is a listing of the trivia and traditions of the court, divided into 'Firsts' and more general 'Trivia'. Too bad it doesn't list why Chief Justice Rehnquist wore stripes on his sleeves as Chief Justice! Perhaps that is an update for the third edition.

This is a book with great information, as well as a good deal of spirit and wit. It is a valuable addition to any library.

A companion readers can't do without.......2005-08-16

Since its initial publication in 1992, The Oxford Companion to the Supreme Court of the United States has served as a valuable resource on the history of the Court. With articles on the justices, their key decisions, legal philosophies, and even aspects of Court life, the Companion has been an indispensable addition for anyone interested in American law or the history of the Court.

With the passage of time, though, the need for an update taking into account subsequent cases and topics has only grown. This need has now been met with the second edition, which includes new articles on a variety of topics, and revision of many of the earlier ones. While a few mistakes were missed (the entry on Supreme Court clerks, for example, was not updated to include Stephen Breyer among the names of the justices who previously served as clerks) and while the bibliographies at the end of each article have only been indifferently updated (while the entry on William O. Douglas includes Bruce Allen Murphy's recent biography, the one on Benjamin Cardozo includes neither of the important books written about him over the past decade), the overall result is a work of continuing utility for readers and scholars alike.

Federal Courts And The Law Of Federal-State Relations (University Casebook Series)

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Federal Courts And The Law Of Federal-State Relations (University Casebook Series)
Peter W. Low , and John C., Jr. Jeffries
Manufacturer: Foundation Press
ProductGroup: Book
Binding: Hardcover

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Low And Jeffries' Federal Courts And the Law of Federal-state Relations 2006: Supplement (University Casebook) (University Casebook)
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Federal Courts, Keyed to Low & Jeffries (Casenote Legal Briefs)

ASIN: 1587785749

Book Description

This is a casebook that covers all the major aspects of federal courts and the law of federal-sate relations.

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A very important caveat

Federal Courts (Gilbert Law Summaries)
William A. Fletcher
Manufacturer: Gilberts Law Summaries
ProductGroup: Book
Binding: Paperback

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Gilbert Law Summaries: Administrative Law

ASIN: 015900232X

Book Description

Gilbert Law Summaries are America's best selling outlines and have set the standard for excellence since they were introduced more than thirty-five years ago. It's Gilbert's unique combination of features that makes it the one study aid you'll turn to for all of your study needs! Walk into class prepared with a comprehensive outline of the law, a concise capsule summary perfect for a quick review before class, charts of every kind, a text correlation chart so that you can match your specific reading assignment to the relevant pages in the Gilbert outline, and an index and table of cases. Ace your final exams with a step-by-step approach to attack your exam, exam tips, and sample multiple choice, true-false, and essay questions.

Customer Reviews:

A very important caveat.......2007-04-27

Instead of reviewing this item, which I cannot do yet not having gone through it thoroughly, I will just offer a very important warning: this book is from 1996 and quite a lot of important things have occurred in federal jurisdiction jurisprudence since then. Not the least of which are cases like Allapattah (2005), Saudi (2005, dealing with Rooker-Feldman), and dozens of Circuit and District court cases of some utility. Class Actions have also changed meaningfully.

So, if you do use this book, you'll definitely need to supplement it with other sources.

A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series)

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Good, but...
A Lot of Strong Points With a Few Frustrations
Easy reading and food for thought
Dishonest and power-crazed judges are the issue
What Scalia's Theory Is Not

A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series)
Antonin Scalia
Manufacturer: Princeton University Press
ProductGroup: Book
Binding: Paperback

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Active Liberty: Interpreting Our Democratic Constitution
Scalia Dissents: Writings of the Supreme Court's Wittiest, Most Outspoken Justice
America's Constitution: A Biography
The Supreme Court
Democracy and Distrust: A Theory of Judicial Review (Harvard Paperbacks)

ASIN: 0691004005

Book Description

In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.

This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints.

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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated.

Customer Reviews:

Good, but..........2007-07-01

First of all, let me make it clear that I think Scalia is a brilliant Justice. I have a very high level of respect for him intellectually. However, I think that he is too conservative, as is this book. I still think people should read it, because I advocate hearing all sides of an argument, but I thoroughley disagree with Scalia's opinions.

Be that as it may, everyone should sill read this insightful and interesting book, if for no other reason than the debate that takes place at the end of the book.

A Lot of Strong Points With a Few Frustrations.......2007-05-24

I think the largest challenge facing Scalia was turning his simple philosophy into an entire book.

When interpreting the constitution we should look at its original meaning.

There it is in 11 words. Scalia manages to expound on his theory a little bit by differentiating it from strict textualism and reinforcing his views here and there. Scalia allows several scholars to give their replies followed by Scalia's rebuttals. This back-and-forth provides an engaging read and expands the simple premise into a full-length, comprehensive read. All in all I enjoyed this book.

I feel compelled to warn potential readers that from time to time this book will sink into the worst of academia. That pseudo-intellectual, acting smart for the sake of sounding smart mentality that plagues universities across the country. These lapses are usually brief and do not greatly detract from what is otherwise a great book on an important debate currently occuring within the highest court in America.

I also recommend you read Active Liberty by Justice Breyer. I have nothing against Tribe, Dworkin or the other respondents in this book, but Breyer takes the discussion out of originalism and into his own philosophy.

Easy reading and food for thought.......2007-05-14

I actually picked this up at the end of my second year of law school and I found Scalia's insight and opinions to be original and thought provoking. I feel that so much time is spent teaching law students how to analyze and interpret case law, without often directing our attention to how judges deal with the vast field of statutory interpretation. Very easy and quick read, hope you enjoy it as much as I did.

Dishonest and power-crazed judges are the issue.......2007-03-07

This book was not exactly what I expected; it was better. It contains an essay by Justice Scalia about the judicial role in deciding statutory and constitutional questions. His essay is followed by comments by other individuals which, in turn, is followed by Justice Scalia's response. The most fascinating part of the entire book was the recognition by the writers that judges have taken it upon themselves to legislate and decide what government policy "ought to be" in rendering judicial decisions. Some of the writers seem to think this is acceptable and expected. To an attorney who has watched courts reach intellectually dishonest decisions in cases where there is potential economic or political impact (for example, one appellate court went so far as to render an unpublished opinion in one case -- apparently to conceal its dishonesty in letting a state divert millions of dollars from a state retirement plan -- then followed up a few months later with a published opinion by the same judges with a precisely opposite holding on an important legal question decided in the first case), the concerns expressed by Justice Scalia were more than theoretical. While our legislators may not be the sharpest knives in the drawer, at least voters can remove them from office or persuade them to change their minds. There is no such opportunity with unelected judges who not only can manipulate facts and law in their rulings, but can issue decisions that never see the light of day and thus escape public scrutiny. Both liberals and conservatives have plenty to fear from judges who believe that they are a law unto themsleves.

What Scalia's Theory Is Not.......2006-12-14

Justice Antonin Scalia may be the most dynamic and melodramatic personality on the United States Supreme Court. His opinions burst with bombast. Oddly, Scalia has written very little about the law even though he served as a law professor before launching a career as a government attorney and judge. He has penned only a handful of law review articles. The articles are slightly more illuminating on his theory of jurisprudence, textualism, than is this thin book, "A Matter of Interpretation."

"A Matter of Interpretation" is filled up with a round table dialogue that Scalia graciously initiated to invite notable liberals to disagree with textualism.

In the brief paragraphs that Scalia allocates to himself, he sets out his principles of textualism, which is a combination of Latin parsing and historical analysis. In short, Scalia looks for a constitutional meaning in the actual words of the constitution, and if he cannot find a meaning in the set text, he embarks on an historical investigation of whether the rule or right existed in English common law at the time of the writing of the U.S. Constitution.

Scalia's textualism, therefore, is a good deal more involved than mere glancing at words written in the late 18th century. In fact, Scalia protests that he is not a "strict constructionist," not a justice who merely looks blindly at James Madison's handiwork. Scalia claims that he does not read the Constitution strictly, but rather he reads the Constitution reasonably.

This will no doubt come as a shock to a generation of law professors, law students, and attorneys, who have maintained that Scalia is a rigid strict constructionist. This revelation may also undermine Scalia's reputation as a writer of court opinions and dissents that are always consistently and impressively logical.

It may also come as a shock that Scalia, the titan of tradition, partly bases his textualist theory on the ideas of Justice Oliver Wendell Holmes, the man who insisted that law changes with the times, or reflects "the felt necessities of the time."

The weakness in Scalia's historical origins method is that more importance is placed on English common law than revolutionary American experience. A reason perhaps that Scalia is a staunch defender of free speech, long a principle of English law, and lacks sympathy for search and seizure defendants, persons caught up in the Fourth Amendment right, a right inspired by the searching of Boston homes by British troops during the Revolutionary War.

Scalia's textualism, as set out in this book, is a good deal more flexible than many of his disciples or opponents would give him credit for. Scalia tends to apply this "historical "orgins" method most often in areas such as punitive damages, an area of law which has scarcely changed in centuries. However, in cases where the issue implicates modern rights, such as abortion, Scalia has departed from textualism completely for rationales ranging from stare decisis and reliance to a more or less nihilistic rejection of substantive due process.

Nevertheless, "A Matter of Interpretation" places Scalia in the pantheon of legal scholars, such as Holmes and Judge Richard A. Posner, who have bravely put forward their own theories of jurisprudence. And in the end, this theory, rather than his bombastic rhetoric and conservative prosyletizing, will probably be his enduring legacy.

[Hansen Alexander is an attorney in New York City. His most recent book is the comic novel, "The Death of Chauvinism."]

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(RAW Rating: 4.5) - What is happening to black men?
Why Are So Many Black Men In Prison? A Comprehensive Account Of How And Why The Prison Industry Has Become A Predatory Entity In
A Must Read
Why are so many Black Men in Prison?
Why are so many blacks in prison?

Why Are So Many Black Men in Prison?
Demico Boothe
Manufacturer: Xlibris Corporation
ProductGroup: Book
Binding: Paperback

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ASIN: 1425713971

Customer Reviews:

(RAW Rating: 4.5) - What is happening to black men?.......2007-08-04

Demico Boothe has explored the reasons so many black men are indeed in prison in, WHY ARE SO MANY BLACK MEN IN PRISON? He begins with his own story of a shaky upbringing and his subsequent dabbling in drug dealing. He was caught with a few grams of crack cocaine but because it was the dreaded crack, he was given 10 years in prison. When he left prison after serving his time, he was actually railroaded back into prison by a crooked justice system. He delves deeply into our justice system and the motives behind all the new prisons that are being built. He gives succinct and reasonable views of exactly what is happening now in the United States and how the past has played a role in the present. He uses persuasive statistics regarding the number of black men in prison as compared to the number of white men who are incarcerated.

Demico Boothe has done an excellent job of researching his subject and it is a plus, if unfortunate for him, that he has actually experienced first hand what he's talking about. I knew I was hearing the real story rather than just statistics from an intellectual who had no real idea of what the prison system is really like. I would have liked for Boothe to search a little deeper into the Haiti, Aristide and USA question, maybe even reading Randall Robinson's take on the situation, and then he might see it a bit differently. Otherwise, it is a good book and one every one in America should read. We indeed, have a crisis going on.

Reviewed by Alice Holman
of The RAWSISTAZ Reviewers

Why Are So Many Black Men In Prison? A Comprehensive Account Of How And Why The Prison Industry Has Become A Predatory Entity In.......2007-06-09

The book was very interesting. I learned soooo much about the government and the prison industry. I did some searching independantly to check on the things reported in the book and they are very true. Great Read!! Buy the book.

A Must Read.......2007-05-25

Mr. Demico's book is a must-read for anyone concerned about young African American men. Although I did not agree with every conclusion he reached, Demico's main premises are convincing. As a white woman who teaches mainly students of color, I am always impressed, and often in awe, of those young men who reach college with so much going against them. Demico's books lays bare not only the horrible inequalities of our society, but also the racist attitudes of our political system - - Democrats, Republicans, and most everyone in between.

Why are so many Black Men in Prison?.......2007-05-13

I is a well put together book. He really goes into a lot of detail of how our society is really set up.

Why are so many blacks in prison?.......2007-05-12

I found this book very interesting. As a white devil myself, I had no idea that I was responsible for forcing blacks into committing crimes and then subsequently clogging up the whole "Prison Industrial Complex"(tm). I will try to stop causing this, as I am sure it is creating a LOT of trouble for everyone! Sorry!

It is probably also my fault that young black men dressed in XXXXL clothes overtly threaten me and my family members routinely. Can anyone tell me what I should do to make this not happen?

I imagine it's also my fault that black on white violent crime is WAY higher than white on black violent crime, even though blacks constitute about 12.5% of the population, and whites are about 70%. But since it is impossible for a black to commit a hate crime according to our criminal justice system (since blacks are not under any circumstances racist), statistically, there are more white on black hate crimes. Boothe notes a statistic regarding hate crimes, but he skips the one about interracial violence in general.

In sum, Boothe notes that just about everything blacks do is actually MY fault, because my skin is white. Boothe, I've got a word for you.

Introspection.

Federal Jurisdiction in a Nutshell (Nutshell Series.)

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one helpful commercial outline

Federal Jurisdiction in a Nutshell (Nutshell Series.)
David P. Currie
Manufacturer: West Publishing Company
ProductGroup: Book
Binding: Paperback

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ASIN: 0314243526

Book Description

Federal courts are not allowed to intervene in a legal dispute indiscriminately. This authoritative text lays out the constitutional source of federal authority and the limits to its application, focusing on federal questions and diversity. Jurisdictional problems and jurisdictional amount are discussed, as well as admiralty, sovereign immunity, abstention, injunctions against suit, and civil rights removal. Also includes coverage of three-judge courts, trial location, and the law applicable in federal courts.

Customer Reviews:

one helpful commercial outline.......2007-06-01

I'm not a big commercial outline user--I only used them in two classes during law school--Civil Procedure (Examples and Explanations) and Federal Courts. My professor was an old U. Chi. grad, and had Currie for Federal Courts when he was in law school, so he liked this book and it tracked our class discussions pretty well. Currie's writing is clear, and TO THE POINT. That's one thing I liked best about this one. I would recommend it over Chemerinsky's Federal Jurisdiction, which I also looked at. Federal Jurisdiction has more detail (in terms of particular case discussion) but I didn't think it had much more substance (at least what law students need and can comprehend) than Currie's Nutshell. This is one I recommend.

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how fast was it? - very
NOT AS DESCRIBED
A easy and well written guide to American Legal System

Judicial Process in America
Robert A. Carp , Ronald Stidham , and Kenneth L. Manning
Manufacturer: CQ Press
ProductGroup: Book
Binding: Paperback

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ASIN: 1568028288

Book Description

A thorough revision of a tried and true classic, the seventh edition of Judicial Process in America offers a comprehensive study of the American judicial system that integrates new scholarship and original research. Including analysis of the courts at all levels, the authors cover judges, lawyers, and litigants, as well as the powerful variables that influence judicial decision making, effectively linking the courts to public policy. In response to feedback from adopters, the authors have increased their coverage of state courts and further explore the impact of race, gender, and socio-economic factors on the judiciary. Discussion of the ideological impact of George W. Bush's judicial appointments, including two new Supreme Court justices, and inclusion of recent cases on end-of-life issues, property rights, and gay and lesbian rights bring the book fully up to date.

Customer Reviews:

how fast was it? - very .......2005-09-24

Thanks for the book and the very quick service.

NOT AS DESCRIBED.......2005-08-20

THE BOOK WAS DESCRIBED AS VERY GOOD AND SAME AS DESCRIBED BY AMAZON....EVEN THOUGH IT ARRIVED QUICKLY, PAGES WERE UNDERLINED AND HIGHLIGHTED, AND HAD FRAYED AND STAINED EDGES. THE BOOK IS ABLE TO BE USED, BUT WASN'T HAPPY WITH DIFFERENCE FROM DESCRIPTION.

A easy and well written guide to American Legal System.......1999-03-01

This book is a comprehensive guide to professional who have an interest about the American Legal and Judicial System. Very well written is actually very easy to read. Really a very good book.

The Discovery Revolution: A Guide to the E-Discovery Amendments to the Federal Rules of Civil Procedure

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The Discovery Revolution: A Guide to the E-Discovery Amendments to the Federal Rules of Civil Procedure
George L. Paul , and Bruce H. Nearon
Manufacturer: American Bar Association
ProductGroup: Book
Binding: Paperback

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The New E-Discovery Rules
The Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines
The Practical Guide To Electronic Discovery
Electronic Evidence: Law and Practice
Spoliation of Evidence, Second Edition: Sanctions and Remedies for Destruction of Evidence in Civil Litigation

ASIN: 1590316053

Book Description

This book focuses on the e-discovery amendments to the Federal Rules of Civil Procedure, which were approved by the Standing Committee on Rules of Practice and Procedure and were approved by the Judicial Conference in September 2005.

Evidence in a Nutshell (Nutshell Series)

Average customer rating:

Evidence by Rothstein
Needlessly Confusing

Evidence in a Nutshell (Nutshell Series)
Paul F. Rothstein , Myrna S. Raeder , and David Crump
Manufacturer: West Group Publishing
ProductGroup: Book
Binding: Paperback

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Constitution Law in a Nutshell
Civil Procedure in a Nutshell (Nutshell Series)
Criminal Law in a Nutshell (Nutshell Series)
Wills and Trusts in a Nutshell (Nutshell Series)
Federal Rules of Evidence in a Nutshell

ASIN: 0314260986

Book Description

Federal rules of evidence are the anchor of this single-volume Nutshell. The text summarizes significant U.S. Supreme Court decisions, additional leading cases, and principal schools of evidentiary thought. Expert coverage includes practical implementation of the rules at trial or their connection to pre-trial or post-trial proceedings. Areas of interdisciplinary cross-pollination are noted as well.

Customer Reviews:

Evidence by Rothstein.......2004-06-01

The first principle of evidence involves relevancy. Evidence is
relevant if a reasonable fact-finder could feel that it renders
some fact more probable or less probable in any degree than it
appeared before the introduction of the evidence. Relevancy does not require that the fact be made to appear highly probable.
We are not testing sufficiency of the total proof of a case.
Instead, the basic rule seeks to establish an entry threshold
upon which a building block may be constructed. In some cases,
the judge and jury may have to resort to matters not in the record to determine whether or not a piece of evidence renders
a proposition more probable than before. As a basic principle,
relevancy subsumes materiality. The remainder of the book explains presumptions under the law, heresay, impeachment of
witnesses, exemptions and a whole host of complicating factors
relevant in a trial setting.

The book is written for a legal constituency. It assumes some
legal background or knowledge of basic definitions. The constituency of this book consists of legal scholars, lawyers,
law students and a wide constituency in business and academe.
It is well worth the price for serious students of the law.

Needlessly Confusing.......2004-05-01

I used this text in a class taught by the author. I found the text to be needlessly confusing when compared to similar products. The book jumps from concept to concept without providing a firm basis on which to base off of. The only thing that saved me in class was relying instead on Best's Examples and Explanations of Evidence. Evidence can be taught in a clear and concise manner.

Confirmation Wars: Preserving Independent Courts in Angry Times (Hoover Studies in Politics, Economics, and Society)

Average customer rating:

Confirmed - analysis of confirmation process
An Interesting Book With Good Information, But One Key Flaw
Finally a balanced discussion of the Judicial Confirmation Process
An Interesting Look at a Complicated Issue

Confirmation Wars: Preserving Independent Courts in Angry Times (Hoover Studies in Politics, Economics, and Society)
Benjamin Wittes
Manufacturer: Rowman & Littlefield Publishers, Inc.
ProductGroup: Book
Binding: Hardcover

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Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court
The Nine: Inside the Secret World of the Supreme Court
The Supreme Court: The Personalities and Rivalries That Defined America
Are Judges Political?: An Empirical Analysis of the Federal Judiciary
Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk

ASIN: 074255144X

Book Description

In Confirmation Wars, Washington Post editorial writer Benjamin Wittes examines the degradation of the judicial nominations process over the past fifty years. Drawing on years of reporting on judicial nominations, including numerous interviews with nominees and sitting judges, he explains how the process has changed and how these changes threaten the independence of the courts. Getting beyond the partisan blame game that dominates most discussion of nominations, he argues that the process has changed as an institutional response by Congress to modern judicial power and urges basic reforms to better insulate the judiciary from the nastiness of contemporary politics.

Customer Reviews:

Confirmed - analysis of confirmation process.......2007-04-11

Excellent treatment, in the context of an historical narrative, of the controversial subject of the selection of Justices on the US Supreme Court. Book lays out the political priorities of key senators and the "mutual hypocrisy" of both Republicans andDemocrats.

An Interesting Book With Good Information, But One Key Flaw.......2007-04-09

I liked this book. The detailed events, perspective, and clear thinking that it promotes on this topic are, in my view, pretty original. The author uses a great deal of scholarship by Stephen Carter and John Lott. He always notes where he does this though, expresses where he agrees and disagrees, and produces a thought-provoking bound essay which is appropriately and extensively footnoted. Ok, so I like the book and the information... why only 3 stars? We'll, as background, my first experience watching SCOTUS confirmation hearings was in 1987 during my last semester of college. I was taking only 3 or 4 classes and had time on my hands to watch Robert Bork's confirmation hearings. I was apolitical at the time and found the nominee had so clearly out performed his inquisitors that he had to get approved, right? Well, no. Chairman Biden (D-Delaware) had closing remarks that praised the brilliant nominee to such a degree that I thought it possible that Bork had convinced him to buck the pressure and vote to confirm him. Maybe in a perfect world, but not this one. As far as the 3 star rating goes, Biden and his ilk are the reason the central proposal of the book falls flat on its face; that is, the proposal to ban personal testimony of SCOTUS nominees as had been done more often than not in the past. In subsequent hearings for other nominees I've seen Biden and others so clearly in love with the sound of their own voice on television that he/they take up the majority of allotted time ASKING simple questions and apparently caring little what the nominee says. Too darn bad. TV sunk Nixon vs. JFK (not all bad) and in subsequent years has made the otherwise entirely reasonable thesis of this essay laughable in terms of practicality. Other than that, it was a great book with a lot of information and insight that I appreciated.

Finally a balanced discussion of the Judicial Confirmation Process.......2007-02-20

Published Sunday, January 28, 2007, in New York Post

DEMOCRATS now paint Republicans as evil for appointing reactionary judges and for trying to kill all Democratic nominees to the bench; Republicans pillory Democrats for acting similarly at the opposite extreme. In "Confirmation Wars," Benjamin Wittes shows that both sides have blood on their hands, though I don't think that his proposed cure will work.

Wittes offers a terrific history of Supreme Court nominations - showing convincingly that confirmations could be tough long before the modern battles over William Rehnquist and Robert Bork. For example, he cites Louis Brandeis and Thurgood Marshall, who both faced rough confirmations - as did several nominees after the court delivered its Brown v. Board of Education ruling. But in denying that something fundamental has changed since those battles, Wittes is simply wrong.

The confirmation process is getting more bitter and drawn out with every passing Congress, whether Republicans or Democrats control the White House or the Senate. Yes, Wittes rightly notes that confirmations were taking longer even before senators started threatening filibusters, indeed hearings have long been used to produce political attacks, rather than insights into a nominee's thinking.

But the trends are clear. Consider the 47 appointments to the Supreme Court from 1901 through 1977: 39 were confirmed in a month or less, and 20 within 10 days - nine of those within three days. Since 1986, however, bitterness has reached an historical high, with the average confirmation taking 79 days. . . .

I wish Wittes was right that this bitterness could be reined in by ending confirmation hearings. But I fear such hearings are more a symptom than a cause of the problem. Unless the role of the courts is reined in - something that liberals will not seriously discuss - neither side dares to disarm.

An Interesting Look at a Complicated Issue.......2006-12-19

Everybody acknowledges that the confirmation process for Supreme Court Justices (and increasingly Court of Appeals judges as well) has evolved into a large mess. Many books have been written on this topic in the last several years; this one is quite interesting and designed for the general reader, and even comes equipped with a fascinating proposed solution. The author is an editorial writer for the "Washington Post" here in town. And although the book is published in conjunction with the conservative Hoover Institution at Stanford, it is fairly well balanced in casting brickbacks at both parties for their miserable conduct in connection with confirmation hearings. The author first sums up the various positions asserted in the debate about the current mess--i.e., who/what is responsible and why. Next he traces -- in probably the book's best chapter -- how the confirmation process has unfortunately evolved over time. How the present system might result in a threat to judicial independence is addressed in a separate chapter. The most fascinating element of the book is the author's proposal: let's just abolish confirmation hearings and work out some other alternative to assessing the qualifications and values of nominees. While this not likely to happen, and an argument can be made that the Senate is abdicating its responsibilities if it does not hold hearing to probe nominees, it is nonetheless a proposal deserving of serious consideration. The author's style is easy to read and the book moves along (it is only about 150 pages), supported by some good notes, but alas lacking a bibliography. It will be interesting to see if the book will spark a serious discussion about adopting his proposed solution.

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