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Originally published in 1982 by Oxford University Press and featured in a front-page story in the Sunday New York Times, this book describes the relationship between Justice Louis D. Brandeis and then-Harvard law professor Felix Frankfurter. While on the Court, Brandeis provided Frankfurter with funds to promote a variety of political reforms. The book sparked a debate about the ethics of extrajudicial activities by Supreme Court justices. “This book sets out an historical narrative of hitherto unknown, undiscovered, yet rather extensive political activities by two major, highly respected justices of the United States Supreme Court... It now appears that in one of the most unique relationships in the Court’s history, Brandeis enlisted Frankfurter, then a professor at Harvard Law School, as his paid political lobbyist and lieutenant. Working together over a period of twenty-five years, they placed a network of disciples in positions of influence, and labored diligently for the enactment of their desired programs. This adroit use of the politically skillful Frankfurter as an intermediary enabled Brandeis to keep his considerable political endeavors hidden from the public. Not surprisingly, after his own appointment to the Court, Frankfurter resorted to some of the same methods to advance governmental goals consonant with his own political philosophy. As a result, history virtually repeated itself, with the student placing his own network of disciples in various agencies and working through this network for the realization of his own goals.” — Bruce Allen Murphy, in the Introduction to The Brandeis-Frankfurter Connection “This study of the extrajudicial activities of two celebrated Justices of the Supreme Court makes a valuable and fascinating, if somewhat schizophrenic, book... Murphy has done a first-class job of research, supplementing his labors in the Brandeis and Frankfurter papers by extensive investigation in other manuscript collections and the Columbia University oral histories and by fruitful interviews with survivors... The Brandeis-Frankfurter Connection is a useful book. It is useful because it makes us think hard about standards of judicial behavior... And it is useful because it makes us think realistically about the Court itself.” — Arthur Schlesinger, Jr., The New York Times “The Brandeis-Frankfurter Connection contains at once a great historical find and a thoughtful and, at times, brilliant essay on judicial propriety. This book deals superbly with questions not only of a citizen’s legitimate expectations for Supreme Court behavior but also of the broader role and hope for the performance of government... [Murphy] is a very reluctant muckraker who, after laying out the details, tries in a four-page conclusion to take much of it back, insisting that both the late justices ‘will survive as giants of twentieth-century America.’” — Bob Woodward, The Washington Post “[F]ascinating reading... a serious and commendable work of scholarship, a partial but engaging and persuasive portrait of the Washington political community for a good slice of the 20th century.” — Nelson W. Polsby, Commentary Magazine “A valuable study... the views of [Brandeis and Frankfurter] and their efforts to win acceptance for them have never been so searchingly studied and evaluated.” — Frank Freidel, The American Historical Review “Murphy has authored a solidly researched and important book... Murphy amply demonstrates both his thorough research abilities and his talent for weaving material together to produce a work that flows like a well-written mystery... [and] deserve[s] much credit... for assembling hitherto known and unknown facts and placing them in a useful perspective... an important work.” — Alan Betten, University of Baltimore Law Review “Murphy’s book persuasively demonstrates that Brandeis and Frankfurter never ceased to be the kind of men they were before they went to the bench-political men. Not that their behavior was unique or unprecedented. Murphy reminds readers that two-thirds of those who have sat on the highest court have engaged in ‘off-the-bench political activity’... Perhaps this book continues to stir emotions precisely because it establishes so convincingly the political effectiveness of two remarkable judges-men who have too long been esteemed as models of a pristine judicial probity that in our nation probably cannot exist.” — Victoria Schuck, The Wilson Quarterly
The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.
The first history of the eight Jewish men and women who have served or who currently serve as justices of the Supreme Court
The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Court’s work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people. Pacelle analyzes the Court’s interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system.
"With All Deliberate Speed is just wonderful. It gives the reader fascinating insights into the Roosevelt era, the Supreme Court, the Justice Department. It is funny, and endearingly human. Three cheers!" -Anthony Lewis, New York Times columnist, and Pulitzer Prize-winning author of Gideon's Trumpet "The fascinating, eloquent, and skillfully edited oral memoir of a distinguished public servant, who was at the epicenter of major legal controversies that his memoir illuminates. A major contribution to modern American legal history." -Richard A. Posner "With All Deliberate Speed provides an insider's rich account, spanning over thirty years, of the inner workings of the Supreme Court, the Solicitor General's Office and the Federal Trade Commission that anyone seriously interested in a frank behind-the-scenes view of the federal government should find exceptionally provocative and intriguing" -Drew Days III, Alfred M. Rankin Professor of Law, Yale University, and former Solicitor General of the United States, 1993-96 From a modest childhood in Patterson, N. J., Philip Elman rose to become clerk for the great Supreme Court Justice Felix Frankfurter, and then to a position in the U.S. Solicitor General's Office. As a member of that office, Philip Elman had an exceptional vantage point on one of the most momentous cases in U.S. Supreme Court history: Brown v. Board of Education. In this oral history memoir of Elman's life, With All Deliberate Speed, author Norman I. Silber reveals the maneuvering that led to the Court's overturning the doctrine of "separate but equal." Working behind the scenes, it was Justice Department attorney Elman who came up with the concept of gradual integration-an idea that worked its way into the final decision as the famous phrase "with all deliberate speed." Though this expression angered those pressing for immediate desegregation, Elman claims that it unified a divided Court, thus enabling them to stand together against the evil of segregation. With All Deliberate Speed records a decisive moment in Supreme Court history, but it is also Philip Elman's unforgettable oral memoir-the story of his entire career in government service, including his work with Attorney General Robert F. Kennedy as commissioner of the FTC, and his role in founding the modern consumer protection movement, which includes the antismoking campaign that put the Surgeon General's warning on cigarette packs. At once rich historical testimony and a gripping read, With All Deliberate Speed offers a rarely glimpsed insider's understanding of the politics of the American legal system.
Brown v. Board of Education is widely recognized as one of the US Supreme Court's most important decisions in the twentieth century. Robert H. Jackson, an associate justice on the case, is generally considered one of the Court's most gifted writers. Though much has been written about Brown, citing the writing and remarks of the justices who participated in the 1954 decision, comparatively little has been said about Jackson or his unpublished opinion, which is sometimes even mistakenly taken as a dissenting opinion. This book visits Brown v. Board of Education from Jackson's perspective and, in doing so, offers a reinterpretation of the justice's thinking, and of the Supreme Court's decision making, in a ruling that continues to reverberate through the nation's politics and public life. Weaving together judicial biography, legal history, and judicial politics, Justice Robert H. Jackson's Unpublished Opinion in Brown v. Board provides a nuanced look at constitutional interpretation, and the intersection of law and politics, from inside the mind of a justice, within the context of a Court deciding a seminal case. Through an analysis of six drafts of Jackson's unpublished concurring opinion, David M. O'Brien explores the justice's evolving thoughts on relevant issues at critical moments in the case. His retelling of Brown presents a new view of longstanding arguments confronted by Jackson and the other justices over “original intent” versus a “living Constitution,” the role of the Court, and social change and justice in American political life. The book includes the final draft of Jackson's unpublished opinion, as well as the Warren Court's opinions in Brown and in Bolling v. Sharpe, for comparison, along with a timeline of developments and decision making leading to the Court's landmark ruling.
A history of the careers and constitutional visions of four U.S. Supreme Court Justices appointed by Franklin Roosevelt. A tiny, ebullient Jew who started as America’s leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. Hugo Black, William O. Douglas, Felix Frankfurter, and Robert Jackson began as close allies and friends of FDR. But the quest to shape a new Constitution led them to competition and sometimes outright warfare. Scorpions tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself. Praise for Scorpions “Smart and engaging.” —New York Times Book Review “Full of high-stakes intellectual drama.” —Washington Post “A first-rate work of narrative history that succeeds in bringing the intellectual and political battles of the post-Roosevelt Court vividly to life.” —Publishers Weekly
Lone Star Rising, the first volume in Robert Dallek's biography of LBJ, was hailed as "a triumphant portrait of Lyndon Johnson as rich and oversized and complex as the nation that shaped him." Now, in the final volume, Dallek takes us through Johnson's tumultuous years in the White House, hisunprecedented accomplishments there, and the tragic war that would be his downfall. In these pages Johnson emerges as a character of almost Shakespearean dimensions, a man riddled with contradictions, a man of towering intensity and anguished insecurity, of grandiose ambition and grave self-doubt, a man who was brilliant, crude, intimidating, compassionate, overbearing,driven: "A tornado in pants." Drawing on hundreds of newly released tapes and extensive interviews with those closest to LBJ--including fresh insights from Ladybird and his press secretary Bill Moyers--Dallek takes us behind the scenes to give us a portrait of Johnson that is at once even-handedand completely engrossing. We see Johnson as the visionary leader who worked his will on Congress like no president before or since, enacting a range of crucial legislation, from Medicare, environmental protection, and the establishment of the National Endowment of the Arts and Humanities to themost significant advances in civil rights for black Americans ever achieved. And we see for the first time the depth of Johnson's private anguish as he became increasingly ensnared in Vietnam, a war he did not want to expand and which destroyed his hopes for The Great Society and a second term. Exhaustively researched and gracefully written, Flawed Giant reveals both the greatness and the tangled complexities of one of the most extravagant characters ever to step onto the presidential stage.
PUBLISHING JANUARY 3, 2020! This book is about the leadership dilemma that all presidents face. First they must win election. Once in office, they need to obtain the public’s support, win Congress’s backing for legislation, make wise decisions, and implement a vast array of policies. The authors examine how presidents attempt to fulfill their responsibilities, exercise their powers, and utilize their organizational structures to affect the output of government. To do so, they posit two models of presidential leadership: one in which a strong president dominates his environment as a director of change, and one in which the president has a more limited role as facilitator of change. These models provide students with a framework with which to better understand leadership in the modern presidency, and evaluate the performance of individual presidents. The eleventh edition is richly illustrated with timely examples and wide-ranging coverage of the Trump presidency in every chapter. Moreover, separate chapters are devoted to essential aspects of President Trump’s approach to governing such as on media relations, leading the public, and decision making. New to this Edition Expanded treatment of the president’s constitutional authority and the development of presidential powers Explanation of political science research on the 2016 presidential election Extensive discussions of unilateral action Historical development of presidential staff and White House Organization Donald Trump’s challenge to longstanding norms and practices