Jump to ContentJump to Main Navigation

You are looking at 1-18 of 18 items

  • Keywords: Warren Court x
Clear All Modify Search

View:

The Political and Academic Debate Over Judicial Activism

Stefanie A. Lindquist and Frank B. Cross

in Measuring Judicial Activism

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195370850
eISBN:
9780199870790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370850.003.0001
Subject:
Law, Comparative Law

This chapter outlines the history of the concept of “judicial activism” as well as the basic contours of the political and academic debate over the practice. The chapter explores the development of ... More


The Decision in Miranda v. Arizona

Lawrence S. Wrightsman and Mary L. Pitman

in The Miranda Ruling: Its Past, Present, and Future

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199730902
eISBN:
9780199776986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199730902.003.003
Subject:
Psychology, Forensic Psychology

This chapter describes the crime and the subsequent police interrogation and trial, all of which led to the 1966 Supreme Court decision ruling that criminal defendants had the right to counsel or to ... More


How the Chicago School Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust

Robert Pitofsky (ed.)

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372823
eISBN:
9780199871773
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372823.001.0001
Subject:
Economics and Finance, Behavioural Economics

This book came about due to the growing concern that antitrust, a system of regulation that for over a century has had wide professional and public support, is under attack. The recent trend appears ... More


The Warren Court and Its Critics 1962–1969

in The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism

Published in print:
2004
Published Online:
March 2013
ISBN:
9780226428840
eISBN:
9780226428864
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226428864.003.0004
Subject:
Political Science, American Politics

During 1960, the Warren Court's abandonment of restraint in the reapportionment context was one of a dramatic series of doctrinal innovations expanding the scope of constitutional rights. Harlan's ... More


Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented

Evan Tsen Lee

Published in print:
2011
Published Online:
January 2011
ISBN:
9780195340341
eISBN:
9780199867240
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340341.001.0001
Subject:
Law, Constitutional and Administrative Law

Many legal scholars believe that judges should not be “activists.” But exactly what does it mean for judges to practice “restraint,” and how did that set of practices evolve in America? This book ... More


The Principal Questions of Constitutional Interpretation

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter takes up the principal questions of constitutional interpretation and the assumptions underlying the enterprise of constitutional interpretation by considering William Rehnquist's ... More


The Justices

Christopher W. Schmidt

in The Sit-Ins: Protest and Legal Change in the Civil Rights Era

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226522302
eISBN:
9780226522586
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226522586.003.0006
Subject:
Political Science, American Politics

This chapter examines the Supreme Court’s confrontation with the sit-in cases. Between 1961 and 1964, the justices faced round after round of appeals of criminal convictions of sit-in protesters. ... More


The Nixon Court and the Conservative Turn 1969–1980

in The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism

Published in print:
2004
Published Online:
March 2013
ISBN:
9780226428840
eISBN:
9780226428864
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226428864.003.0005
Subject:
Political Science, American Politics

This chapter describes the doctrinal influence of these political developments throughout the 1970s. The rights-protecting constitutional doctrines of the Warren Court were buffeted by the ... More


Frankfurters Failure: The Rise and Decline of Judicial Self-Restraint 1949–1962

in The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism

Published in print:
2004
Published Online:
March 2013
ISBN:
9780226428840
eISBN:
9780226428864
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226428864.003.0003
Subject:
Political Science, American Politics

There were continued signs that the modern Court might follow the lead of Stone and Black in adopting a distinctive new activist role, even as Frankfurter's doctrine of restraint became dominant. The ... More


Roe and Beyond

Tinsley E. Yarbrough

in Harry A. Blackmun: The Outsider Justice

Published in print:
2008
Published Online:
March 2012
ISBN:
9780195141238
eISBN:
9780199851577
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195141238.003.0007
Subject:
Law, Legal History

In spite of how it was known to advocate a certain degree of civil liberty, the Warren Court limited its functions and guarantees to civil liberties to the rights mentioned within the Constitution. ... More


The Normative Classification of Legal Results

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0005
Subject:
Philosophy, Political Philosophy

This chapter draws a formal distinction between optimal and suboptimal results and uses that distinction to define suboptimal-result cases: cases in which the judge would have an ... More


Race and the Jurisprudence of Juvenile Justice: A Tale in Two Parts, 1950–2000

Barry C. Feld

in Our Children, Their Children: Confronting Racial and Ethnic Differences in American Juvenile Justice

Published in print:
2005
Published Online:
March 2013
ISBN:
9780226319889
eISBN:
9780226319919
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226319919.003.0005
Subject:
Law, Family Law

More than three-quarters of a century ago, World War I curtailed European immigration and created a demand for African-American southern laborers to work in northern factories in the United States. ... More


The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism

Thomas M. Keck

Published in print:
2004
Published Online:
March 2013
ISBN:
9780226428840
eISBN:
9780226428864
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226428864.001.0001
Subject:
Political Science, American Politics

When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them ... More


Subsidiarity, the Judicial Role, and the Warren Court’s Contribution to the Revival of State Government

Vicki C. Jackson

in Federalism and Subsidiarity: NOMOS LV

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479868858
eISBN:
9781479821303
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479868858.003.0006
Subject:
Political Science, Political Theory

This chapter comments on the arguments advanced by Steven G. Calabresi and Lucy D. Bickford regarding the principle of subsidiarity as it relates to the European Union's quasi-federal system and the ... More


: The History of Habeas Review of State Criminal Cases

in Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226436975
eISBN:
9780226436968
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226436968.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter investigates the development of habeas review of state convictions and sentences in noncapital cases under 28 U.S.C. § 2254. The Habeas Corpus Act of 1867 expanded the availability of ... More


From the Southern to the U.S. Middle District of Florida, 1950s–1962

James M. Denham

in Fifty Years of Justice: A History of the U.S. District Court for the Middle District of Florida

Published in print:
2015
Published Online:
January 2016
ISBN:
9780813060491
eISBN:
9780813050638
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813060491.003.0001
Subject:
History, American History: 20th Century

This chapter provides a brief history of the U.S. Southern District of Florida from its creation in 1847 to the creation of the U.S. Middle District of Florida in 1962, focusing primarily on ... More


A Fourth Amendment Framework

in Privacy at Risk: The New Government Surveillance and the Fourth Amendment

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226762838
eISBN:
9780226762944
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226762944.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter presents an interpretation of the Fourth Amendment in relation to government surveillance in the United States. It argues that when contemplating surveillance, government should be ... More


: An Introduction to the Writ of Habeas Corpus

in Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226436975
eISBN:
9780226436968
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226436968.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter explores the habeas remedy, as it originated and evolved in the English common law, and its subsequent development in the United States. The Great Writ of habeas corpus was a legal ... More


View: