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His Book (Paperback)
Artemus Ward
bundle available
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R489
Discovery Miles 4 890
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Ships in 12 - 17 working days
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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
--"Choice"
"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."
--"Law and Politics Book Review"
"Helps illuminate the inner workings of an institution that is
still largely shrouded in mystery."
--"The Wall Street Journal Online"
"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."
--"Slate.com"
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
--"Library Journal"
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
--"Washington Post"
aThe book contains a wealth of historical information. . . . A
reader can learn a lot from this pioneering study.a
--"Cleveland Plain Dealer"
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
--Judge Richard A. Posner in "The New Republic"
aWard and Weiden have produced that rare book that is both a
meticulous piece of scholarship and a good read.a
-- The Law and Politics Book Review
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
--Dennis J. Hutchinson, editor of "The Supreme Court Review"
"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."
--Howard Gillman, author of "The Votes That Counted: How the Court
Decided the 2000 Presidential Election"
"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."
--Tony Mauro, Supreme Court Correspondent for "American Lawyer
Media"
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
--"Georgia Bar Journal"
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.
Drawing on data from the U.S. Supreme Court database, internal
court documents, and the justices' private papers, "The Puzzle of
Unanimity" provides the first comprehensive account of how the
Court reaches consensus. Pamela Corley, Amy Steigerwalt, and
Artemus Ward propose and empirically test a theory of consensus;
they find consensus is a function of multiple,
concurrently-operating forces that cannot be fully accounted for by
ideological attitudes. In this thorough investigation, the authors
conclude that consensus is a function of the level of legal
certainty and its ability to constrain justices' ideological
preferences.
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