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The Supreme Court grew out of an historic opportunity to interview all of the living Supreme Court justices for a C-SPAN feature documentary about the Court, the only time that the nine sitting members and their retired colleagues have granted interviews to a single television network. Eleven of those interviews—the entire current court, including the newest member, Justice Elena Kagan—are gathered here in this singular collection. In their conversations with the justices, Brian Lamb and Susan Swain bring readers into a fascinating world to which few have had access. Chief Justice John Roberts talks about the role of the Court in society, his role as chief justice, and the process of deciding cases. Justice Stephen Breyer takes us on a private tour of his chambers and describes the differences between the Court and the Congress. And new Justices Sonia Sotomayor and Elena Kagan reflect on their first impressions of the job. Through these encounters, the justices’ personalities, intellects, and devotion to the Court emerge. Enriching this material are Mark Farkas’s interviews with journalists, court historians, and other experts on the Court. Reporters Joan Biskupic and Lyle Denniston discuss the Supreme Court in action and the impact of a new member of the Court. Clerk of the Supreme Court William Suter illuminates the traditions of the Court. Historian James O’Hara discusses the Supreme Court building and its history. Former Solicitor General Drew Days III and attorney Maureen Mahoney describe the experience of facing the justices in fast-paced oral arguments. The Supreme Court offers readers a rare window into the nation’s highest court through the eyes of those who serve there. It is absorbing reading for anyone interested in this vital and powerful institution.
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Amid the soaring oratory of Martin Luther King and the fiery rhetoric of George Wallace, scholars who worked with the Southern Regional Council during the civil rights movement spoke quietly, but with the authority of informed reason. Prominent among them was Professor Paul Gaston of the University of Virginia, who co-authored an influential analysis of school segregation, served as president of the SRC board, and authored The New South Creed. Gaston’s legacy of service includes his role as a mentor of historians. He oversaw more than two dozen dissertations at UVA from 1957 to the year 2000. These illuminated important aspects of the South and the civil rights movement while contributing to the growth of community and organizational studies within the field of social history. The articles in this Festschrift feature essays that he inspired among his students and colleagues.