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While much has been written on Supreme Court appointments, Deciding to Leave provides the first systematic look at the process by which justices decide to retire from the bench, and why this has become increasingly partisan in recent years. Since 1954, generous retirement provisions and decreasing workloads have allowed justices to depart strategically when a president of their own party occupies the White House. Otherwise, the justices remain in their seats, often past their ability to effectively participate in the work of the Court. While there are benefits and drawbacks to various reform proposals, Ward argues that mandatory retirement goes farthest in combating partisanship and protecting the institution of the Court.
While much has been written on Supreme Court appointments, Deciding to Leave provides the first systematic look at the process by which justices decide to retire from the bench, and why this has become increasingly partisan in recent years. Since 1954, generous retirement provisions and decreasing workloads have allowed justices to depart strategically when a president of their own party occupies the White House. Otherwise, the justices remain in their seats, often past their ability to effectively participate in the work of the Court. While there are benefits and drawbacks to various reform proposals, Ward argues that mandatory retirement goes farthest in combating partisanship and protecting the institution of the Court.
The US Supreme Court is an institution that operates almost totally behind closed doors. This book opens those doors by providing a comprehensive look at the justices, procedures, cases, and issues over the institution's more than 200-year history. The Court is a legal institution born from a highly politicized process. Modern justices time their departures to coincide with favorable administrations and the confirmation process has become a highly-charged political spectacle played out on television and in the national press. Throughout its history, the Court has been at the center of the most important issues facing the nation: federalism, separation of powers, war, slavery, civil rights, and civil liberties. Through it all, the Court has generally, though not always, reflected the broad views of the American people as the justices decide the most vexing issues of the day. The Historical Dictionary of the U.S. Supreme Court covers its history through a chronology, an introductory essay, appendixes, and an extensive bibliography. The dictionary section has over 700 cross-referenced entries on every justice, major case, issue, and process that comprises the Court's work. This book is an excellent access point for students, researchers, and anyone wanting to know more about the Supreme Court.
View the Table of Contents. Read the Introduction. aWell-written, needed, and nicely done.a "Ward and Weiden have produced that rare book that is both a
meticulous piece of scholarship and a good read. The authors have .
. . sifted through a varied and voluminous amount of archival
material, winnowing out the chaff and leaving the excellent wheat
for our consumption. They marry this extensive archival research
with original survey data, using both to great effect." "Helps illuminate the inner workings of an institution that is
still largely shrouded in mystery." "The main quibble . . . with contemporary law clerks is that
they wield too much influence over their justices' opinion-writing.
Artemus and Weiden broaden this concern to the clerks' influence on
the thinking of the justices about how to decide cases." aProvides excellent insight into the inner workings of the
Supreme Court, how it selects cases for review, what pressures are
brought to bear on the justices, and how the final opinions are
produced. Recommended for all academic libraries.a aArtemus Ward and David L. Weiden argue that the clerks have
more power than they used to have, and probably more power than
they should.a aThe book contains a wealth of historical information. . . . A
reader can learn a lot from this pioneering study.a aMeticulous in scholarship. . . . Sorcerers' Apprentices
presents convincing statistical evidence that the aggregate time
that law clerks spend on certiorari memos has fallen
considerablybecause of the reduction in the number of memos written
by each clerk.a aWard and Weiden have produced that rare book that is both a
meticulous piece of scholarship and a good read.a aBased on judicial working papers and extensive interviews, the
authors have compiled the most complete picture to date of the
transformation of Supreme Court law clerks from stenographers to
ghost-writers. This will instantly become an essential resource for
students of the Court.a "A truly excellent study on an interesting and important
question. As we know from the popularity of "The Brethren" and
"Closed Chambers," people love insider accounts of Supreme Court
decision making, and this book provides that from a very unique
point of view." "An urgently needed and highly readable study of the most
powerful young lawyers in America: law clerks at the Supreme Court.
Law clerks themselves tend to vastly overstate or underestimate
their importance, but authors Artemus Ward and David Weiden have
gotten it just right: law clerks wield significant and growing
power at the nation's highest court. This eye-opening book charts
that growth and points to the potential for abuse." a...[E]xceptionally informative in tracing the history of the
institution of the Supreme Court clerks. The analysis of the
evolution of both the job and the influence that clerks have on
theCourtas decisions.a Law clerks have been a permanent fixture in the halls of the United States Supreme Court from its founding, but the relationship between clerks and their justices has generally been cloaked in secrecy. While the role of the justice is both public and formal, particularly in terms of the decisions a justice makes and the power that he or she can wield in the American political system, the clerk has historically operated behind closed doors. Do clerks make actual decisions that they impart to justices, or are they only research assistants that carry out the instructions of the decision makersathe justices? Based on Supreme Court archives, the personal papers of justices and other figures at the Supreme Court, and interviews and written surveys with 150 former clerks, Sorcerersa Apprentices is a rare behind-the-scenes look at the life of a law clerk, and how it has evolved since its nineteenth-century beginnings. Artemus Ward and David L. Weiden reveal that throughout history, clerks have not only written briefs, but made significant decisions about cases that are often unseen by those outside of justices' chambers. Should clerks have this power, they ask, and, equally important, what does this tell us about the relationship between the Supreme Courtas accountability to and relationship with the American public? Sorcerers' Apprentices not only sheds light on the little-known role of the clerk but offers provocative suggestions for reforming the institution of the Supreme Court clerk. Anyone that has worked as a law clerk, is considering clerking, or is interested in learning about what happens in the chambers of Supreme Court justiceswill want to read this engaging and comprehensive examination of how the role of the law clerk has evolved over its long history.
This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays-and often distorts-the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.
This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays-and often distorts-the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.
The U.S. Supreme Court typically rules on cases that present
complex legal questions. Given the challenging nature of its cases
and the popular view that the Court is divided along ideological
lines, it's commonly assumed that the Court routinely hands down
equally-divided decisions. Yet the justices actually issue
unanimous decisions in approximately one third of the cases they
decide.
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