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When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
The Spirit of the Constitution covers the impact and reputation of both McCulloch and Justice Marshall himself throughout American history. One of the central threads of American history is the battle over the proper reach of the federal government's power, and that story cannot be told without reference to McCulloch. Schwartz's analysis of the shifting interpretations of McCulloch and Marshall over the course of American historynot only reaffirms the case's importance, it also helps us understand the circuitous process by which American constitutional law and ideology are made.
The recent debate over civil trials or military tribunals for suspected terrorists has focused public attention on the American court system. A cornerstone aspect to the federal courts is the grand jury, which investigates crimes against the United States and secures the constitutional right of grand jury indictment, two responsibilities needing broad powers. A US District Court summons a grand jury, so the jury's jurisdiction is geographically restricted by the court to which it is attached. The grand jury conducts its business in secret, but that independence does not often result in the dismissal of indictments. Although witnesses subpoenaed to appear before the grand jury are not often excused, they do benefit from several legal rights when testifying. This book presents a broad overview of the rules and background of the federal grand jury, a needed service for anyone wishing to understand the American system of justice and its potential use in the war on terror.
Just as European Jews were being emancipated and ghettos in their original form—compulsory, enclosed spaces designed to segregate—were being dismantled, use of the word ghetto surged in Europe and spread around the globe. Tracing the curious path of this loaded word from its first use in sixteenth-century Venice to the present turns out to be more than an adventure in linguistics. Few words are as ideologically charged as ghetto. Its early uses centered on two cities: Venice, where it referred to the segregation of the Jews in 1516, and Rome, where the ghetto survived until the fall of the Papal States in 1870, long after it had ceased to exist elsewhere. Ghetto: The History of a Word offers a fascinating account of the changing nuances of this slippery term, from its coinage to the present day. It details how the ghetto emerged as an ambivalent metaphor for “premodern” Judaism in the nineteenth century and how it was later revived to refer to everything from densely populated Jewish immigrant enclaves in modern cities to the hypersegregated holding pens of Nazi-occupied Eastern Europe. We see how this ever-evolving word traveled across the Atlantic Ocean, settled into New York’s Lower East Side and Chicago’s Near West Side, then came to be more closely associated with African Americans than with Jews. Chronicling this sinuous transatlantic odyssey, Daniel B. Schwartz reveals how the history of ghettos is tied up with the struggle and argument over the meaning of a word. Paradoxically, the term ghetto came to loom larger in discourse about Jews when Jews were no longer required to live in legal ghettos. At a time when the Jewish associations have been largely eclipsed, Ghetto retrieves the history of a disturbingly resilient word.
Whether we're buying a pair of jeans, ordering a cup of coffee, selecting a long-distance carrier, applying to college, choosing a doctor, or setting up a 401(k), everyday decisions—both big and small—have become increasingly complex due to the overwhelming abundance of choice with which we are presented. As Americans, we assume that more choice means better options and greater satisfaction. But beware of excessive choice: choice overload can make you question the decisions you make before you even make them, it can set you up for unrealistically high expectations, and it can make you blame yourself for any and all failures. In the long run, this can lead to decision-making paralysis, anxiety, and perpetual stress. And, in a culture that tells us that there is no excuse for falling short of perfection when your options are limitless, too much choice can lead to clinical depression. In The Paradox of Choice, Barry Schwartz explains at what point choice—the hallmark of individual freedom and self-determination that we so cherish—becomes detrimental to our psychological and emotional well-being. In accessible, engaging, and anecdotal prose, Schwartz shows how the dramatic explosion in choice—from the mundane to the profound challenges of balancing career, family, and individual needs—has paradoxically become a problem instead of a solution. Schwartz also shows how our obsession with choice encourages us to seek that which makes us feel worse. By synthesizing current research in the social sciences, Schwartz makes the counter intuitive case that eliminating choices can greatly reduce the stress, anxiety, and busyness of our lives. He offers eleven practical steps on how to limit choices to a manageable number, have the discipline to focus on those that are important and ignore the rest, and ultimately derive greater satisfaction from the choices you have to make.