Judges on judging : views from the bench / collected and edited by David M O'Brien.

Chatham, NJ : Chatham House Publishers Inc., 1997.

17906

Judges -- United States.

Judicial process -- United States.

Political questions and judicial power -- United States.

PART I: Judicial Review and American Politics: Historical and Political Perspectives

Introduction

1. The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury

2. The Supreme Court in the American System of Government

PART II: The Dynamics of the Judicial Process

Introduction

3. Advice and Consent in Theory and Practice

4. The Adversary Judge: The Experience of the Trial Judge

5. What I Ate for Breakfast and Other Mysteries of Judicial Decision Making

6. Whose Federal Judiciary Is It Anyway?

7. What Really Goes on at the Supreme Court

8. The Supreme Court's Conference

9 Deciding What to Decide: The Docket and the Rule of Four

10. The Role of Oral Argument

11. Precedent and Policy: Judicial Opinions and Decision Making

12. The Office of the Chief Justice: Warren E. Burger and the Administration of Justice

PART III: The Judiciary and the Constitution

Introduction

13. The Notion of a Living Constitution

14. A Relativistic Constitution

15. The Jurisprudence of Judicial Restraint: A Return to the Moorings

16. Tradition and Morality in Constitutional Law

17. What Am I, a Potted Plant? The Case against Strict Constructionism

18. Originalism: The Lesser Evil

19. The Constitution: A Living Document

20. The Constitution of the United States: Contemporary Ratification

PART IV: The Judiciary and Federal Regulation: Line Drawing and Statutory Construction

Introduction

2I. Some Reflections on the Reading of Statutes

22. What Does Legislative History Tell Us?

PART V: Our Dual Constitutional System: The Bill of Rights and the States

Introduction

23. The Bill of Rights

24, Guardians of Our Liberties- State Courts No Less Than Federal

25. First Things First: Rediscovering the States' Bills of Rights

26. Trends in the Relationship between the Federal and State Courts

PART VI: The Judicial Role in a Litigious Society

Introduction

27. The Role of the Courts in Contemporary Society

28. The Courts and Social Policy: Substance and Procedure

29. The Two Faces of Judicial Activism

Appendix A. Selected Bibliography of Off-the-Bench Commentaries

Appendix B. Time Chart of Members of the Supreme Court of the United States

Appendix C. Jurisdictional Map of the U.S. Courts of Appeals and U.S. District Courts.

Revised edition of Mark W Cannon (c1985) Views from the Bench.

Includes bibliographical references (p. 315-332) and indexes.

1566430429

xx, 364 pages : map ; 23 cm