{"product_id":"judges-on-judging-views-from-the-bench-9781506340289","title":"Judges on Judging: Views from the Bench","description":"\u003ch2\u003eBook Synopsis\u003c\/h2\u003e\u003cp\u003eThoroughly revised and updated for this \u003cstrong\u003eFifth Edition\u003c\/strong\u003e, \u003cstrong\u003eJudges on Judging\u003c\/strong\u003e offers insights into the judicial philosophies and political views of those on the bench.  Broad in scope, this one-of-a-kind book features \"off-the-bench\" writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.\u003c\/p\u003e  \u003cp\u003e\"\u003cstrong\u003eJudges on Judging\u003c\/strong\u003e is consistently rated by my students as their favorite book in my class. No other single volume provides them with such a clear and accessible sense of what judges do, what courts do, and the way judges think about their roles and their courts.\"\u003c\/p\u003e  \u003cp\u003e—Douglas Edlin, \u003cem\u003eDickinson College\u003c\/em\u003e\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003ch2\u003eTrade Review\u003c\/h2\u003e\"I’ve been using O’Brien′s edited collection in my upper-division course on the U.S. Supreme Court since its first edition. As a supplement to a variety of other, more scholarly and journalist readings, O’Brien′s collection gives a compelling voice to the justices. Students welcome (and appreciate) the opportunity to directly explore the thinking and perspective of the nation′s leading jurists on virtually all the topics covered in the course, and the collection provides a productive foil to contemporary scholarship.\" -- Mark P. Petracca\u003cbr\u003e\"Of the books I use in the Judicial Process course, my students consistently rate \u003cstrong\u003eJudges on Judging\u003c\/strong\u003e as their favorite and most interesting. The articles delve deeply into the Court′s role in a constitutional republic and frequently lead to active student classroom debate. I’ve used O’Brien’s text for over a decade, and my students consistently come away with knowledge of the judiciary and its role in the American political system that is more sophisticated and nuanced.\" -- John Hermann\u003cbr\u003e\"\u003cstrong\u003eJudges on Judging\u003c\/strong\u003e is a comprehensive collection of essays with significant insights into the views of leading justices and judges on the judicial process, the dynamics of judicial interpretation, deliberation and decision-making, and the role of courts. O’Brien’s text offers students an extraordinary inside look at justices’ and judges’ thinking, their characters, judicial philosophies, and views of the judiciary in society. It is a practical and accessible resource for anyone interested in law and courts.\" -- Karen L. Owen\u003cbr\u003e\"\u003cstrong\u003eJudges on Judging\u003c\/strong\u003e is consistently rated by my students as their favorite book in my class. No other single volume provides them with such a clear and accessible sense of what judges do, what courts do, and the way judges think about their roles and their courts.\" -- Douglas Edlin\u003cbr\u003e\u003cbr\u003e\u003ch2\u003eTable of Contents\u003c\/h2\u003ePart I: Judicial Review and American Politics Chapter 1: The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury - Warren E. Burger    Marbury v. Madison: Act One, The Setting    Marbury v. Madison: The Second Act    Epilogue Chapter 2: The Supreme Court in the American System of Government - Robert H. Jackson    The Supreme Court as a Unit of Government    Executive v. Legislative    Federal Power v. State Power    State v. State    Majority v. Individual Part II: The Dynamics of the Judicial Process    Trial Judges and the Adversarial Process    Appellate Judges and the \"Caseload Crisis\"    The Supreme Court and the Judicial Process Chapter 3: The \"Fight\" Theory versus the \"Truth\" Theory - Jerome Frank Chapter 4: The Adversary Judge: The Experience of the Trial Judge - Marvin E. Frankel    The Role as Written    The Adversary Performance    The Judge Embattled    The Judge Discomforted Chapter 5: The Business of the U.S. District Courts - D. Brock Hornsby    Civil Lawsuits    Criminal Prosecutions    Conclusion Chapter 6: What I Ate for Breakfast and Other Mysteries of Judicial Decision Making - Alex Kozinski Chapter 7: Whose Federal Judiciary Is It Anyway? - Stephen Reinhardt Chapter 8: What Really Goes on at the Supreme Court - Lewis F. Powell Jr. Chapter 9: The Supreme Court′s Conference - William H. Rehnquist Chapter 10: Deciding What to Decide: The Docket and the Rule of Four - John Paul Stevens Chapter 11: The Role of Oral Argument - John M. Harlan II Chapter 12: The Dissent: A Safeguard of Democracy - William O. Douglas    Search for Certainty    Legislative Process One of Compromise    Interpretation Has Legislative Characteristics    Stare Decisis Has Small Place in Constitutional Law    Uncertainty Necessary for Democracy    Judges Share Crises of Modern Society Part III: The Judiciary and the Constitution Chapter 13: Commentaries on the Constitution of the United States - Joseph Story    Preface    Chapter IV. Who Is Final Judge or Interpreter in Constitutional Controversies    Chapter V. Rules of Interpretation Chapter 14: The Path of Law - Oliver Wendell Holmes Jr. Chapter 15: The Judge as a Legislator - Benjamin N. Cardozo Chapter 16: The Notion of a Living Constitution - William H. Rehnquist Chapter 17: A Relativistic Constitution - William Wayne Justice Chapter 18: The Jurisprudence of Judicial Restraint: A Return to the Moorings - J. Clifford Wallace    The Constitution and the Theory of Judicial Restraint    The Practical Application of Judicial Restraint    Judicial Restraint′s Response to Judicial Activism Chapter 19: Tradition and Morality in Constitutional Law - Robert H. Bork Chapter 20: What Am I, a Potted Plant? The Case Against Strict Constructionism - Richard A. Posner Chapter 21: Originalism: The Lesser Evil - Antonin Scalia Chapter 22: Judging - Clarence Thomas Chapter 23: The Constitution: A Living Document - Thurgood Marshall Chapter 24: The Constitution of the United States: Contemporary Ratification - William J. Brennan Jr. Chapter 25: Originalism and History - John Paul Stevens Chapter 26: On Constitutional Interpretation - David H. Souter Chapter 27: Speaking in a Judicial Voice: Reflections on Roe v. Wade - Ruth Bader Ginsburg Chapter 28: Our Democratic Constitution - Stephen G. Breyer Chapter 29: Against Constitutional Theory - Richard A. Posner Part IV: Our Dual Constitutional System: The Bill of Rights and the States Chapter 30: The Bill of Rights - Hugo L. Black Chapter 31: Guardians of Our Liberties - State Courts No Less Than Federal - William J. Brennan Jr. Chapter 32: First Things First: Rediscovering the States′ Bills of Rights - Hans A. Linde    History    The Logic of Federalism    Putting Principle into Practice Chapter 33: What Does - and Does Not - Ail State Constitutional Law - Jeffrey S. Sutton    The Content and Length of State Constitutions    The Ease of Amending State Constitutions    Judicial Elections    Lockstep Interpretations    Conclusion Chapter 34: State Courts at the Dawn of a New Century: Common Law Courts Reading Statutes and Constitutions - Judith S. Kaye    Common Law Courts Construing State Constitutions    Common Law Courts Construing State Statutes","brand":"SAGE Publications Inc","offers":[{"title":"Default Title","offer_id":48739817980247,"sku":"9781506340289","price":61.75,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781506340289.jpg?v=1720053216","url":"https:\/\/bookcurl.com\/products\/judges-on-judging-views-from-the-bench-9781506340289","provider":"Book Curl","version":"1.0","type":"link"}