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Constitutional Conflicts : Constitutional Conflicts - Neal Devins

Constitutional Conflicts

By: Neal Devins (Editor), Davison M. Douglas (Editor)

Paperback | 13 October 2004

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The United States Supreme Court's 2002-03 term confounded Court watchers. The same Rehnquist Court that many had seen as solidly conservative and unduly activist--the Court that helped decide the 2000 presidential election and struck down thirty-one federal statutes since 1995--issued a set of surprising, watershed rulings. In a term filled with important and unpredictable decisions, it upheld affirmative action, invalidated a same-sex sodomy statute, and reversed a death sentence due to ineffective assistance of counsel. With essays focused on individual Justices, Court practices, and some of last year's most important rulings, this volume explores the meaning and significance of the Court's 2002-03 term. Seasoned Supreme Court advocates and journalists from "The New Republic," "The Los Angeles Times," "Newsweek, " "National Journal," "Slate," and "Legal Times "grapple with questions about the Rehnquist Court's identity and the Supreme Court's role in the political life of the country.

Some essays consider the role of "swing" Justices Sandra Day O'Connor and Anthony Kennedy within a Court that divides 5-4 more than any other group of Justices in the nation's history. Others examine the political reaction to and legal context of the Court's "Lawrence v. Texas "decision declaring a Texas law criminalizing homosexual sodomy unconstitutional. Contributors analyze the Court's rulings on affirmative action and reassess its commitment to states' rights. Considering the Court's practices, one advocate explores the use and utility of "amicus curiae," or "friend of the court" briefs, while another reflects on indications of an increased openness by the Court to public scrutiny. Two advocates who argued cases before the Court--one related to hate speech and the other to a "three strikes and you're out" criminal statute--offer vivid accounts of their experiences. Intended for general readers, "A Year at the Supreme Court" is for all those who want to understand the Rehnquist Court and its momentous 2002-03 term.

Contributors
Erwin Chemerinsky
Neal Devins
Davison M. Douglas
David J. Garrow
Dahlia Lithwick
Tony Mauro
Carter Phillips
Ramesh Ponnuru
Jeffrey Rosen
David G. Savage
Rodney A. Smolla
Stuart Taylor Jr.

Industry Reviews
"'The quiet of a storm center,' Justice Oliver Wendell Holmes Jr. said of the Supreme Court. The storm--the drama--has never been more intense than in the 2002-03 term. Here the decisions of that term are brilliantly, provocatively described and analyzed."--Anthony Lewis, author of Gideon's Trumpet and Make No Law "A close and revealing look by journalists and advocates on the operations of the Supreme Court. This book captures the powerful political pressures that constantly play against the Justices and help determine their decisions."--Louis Fisher, author of American Constitutional Law

You Can Find This Book In

Non-FictionLawLaws of Specific JurisdictionsLegal System in GeneralCourts & ProcedureConstitutional & Administrative LawPolitics & GovernmentPolitical Control & FreedomsHuman RightsCivil Rights & CitizenshipHistoryRegional & National History
History of the AmericasGeneral Works of Private & Civil Law

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