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Author: Ken Foskett
Publisher: Harper Collins
ISBN: 006173733X
Category : Biography & Autobiography
Languages : en
Pages : 357
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Book Description
Clarence Thomas, the youngest and most controversial member of the Supreme Court, could become the longest-serving justice in history, influencing American law for decades to come. Who is this enigmatic man? And what does he believe in? Judging Thomas tells the remarkable story of Clarence Thomas's improbable journey from hardscrabble beginnings in the segregated South to the loftiest court in the land. With objectivity and balance, author Ken Foskett chronicles Thomas's contempt for upper-crust blacks who snubbed his uneducated, working-class roots; his flirtation with the priesthood and, later, Black Power; the resentment that fueled his opposition to affirmative action; the conservative beliefs that ultimately led him to the Supreme Court steps; and the inner resilience that propelled him through the doors. Based on interviews with Thomas himself, fellow justices, family members, and hundreds of friends and associates, Judging Thomas skillfully unravels perhaps the most complex, controversial, and powerful public figure in America today.
Author: Ken Foskett
Publisher: Harper Collins
ISBN: 006173733X
Category : Biography & Autobiography
Languages : en
Pages : 357
Get Book Here
Book Description
Clarence Thomas, the youngest and most controversial member of the Supreme Court, could become the longest-serving justice in history, influencing American law for decades to come. Who is this enigmatic man? And what does he believe in? Judging Thomas tells the remarkable story of Clarence Thomas's improbable journey from hardscrabble beginnings in the segregated South to the loftiest court in the land. With objectivity and balance, author Ken Foskett chronicles Thomas's contempt for upper-crust blacks who snubbed his uneducated, working-class roots; his flirtation with the priesthood and, later, Black Power; the resentment that fueled his opposition to affirmative action; the conservative beliefs that ultimately led him to the Supreme Court steps; and the inner resilience that propelled him through the doors. Based on interviews with Thomas himself, fellow justices, family members, and hundreds of friends and associates, Judging Thomas skillfully unravels perhaps the most complex, controversial, and powerful public figure in America today.
Author: Corey Robin
Publisher: Metropolitan Books
ISBN: 1627793844
Category : Biography & Autobiography
Languages : en
Pages : 185
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Book Description
The Enigma of Clarence Thomas is a groundbreaking revisionist take on the Supreme Court justice everyone knows about but no one knows. “One of the marvels of Robin’s razor-sharp book is how carefully he marshals his evidence.... It isn’t every day that reading about ideas can be both so gratifying and unsettling.” – The New York Times Most people can tell you two things about Clarence Thomas: Anita Hill accused him of sexual harassment, and he almost never speaks from the bench. Here are some things they don’t know: Thomas is a black nationalist. In college he memorized the speeches of Malcolm X. He believes white people are incurably racist. In the first examination of its kind, Corey Robin– one of the foremost analysts of the right (The Reactionary Mind) – delves deeply into both Thomas’s biography and his jurisprudence, masterfully reading his Supreme Court opinions against the backdrop of his autobiographical and political writings and speeches. The hidden source of Thomas’s conservative views, Robin shows, is a profound skepticism that racism can be overcome. Thomas is convinced that any government action on behalf of African-Americans will be tainted by racism; the most African-Americans can hope for is that white people will get out of their way. There’s a reason, Robin concludes, why liberals often complain that Thomas doesn’t speak but seldom pay attention when he does. Were they to listen, they’d hear a racial pessimism that often sounds similar to their own. Cutting across the ideological spectrum, this unacknowledged consensus about the impossibility of progress is key to understanding today’s political stalemate.
Author: Ralph A. Rossum
Publisher: University Press of Kansas
ISBN: 0700619488
Category : Biography & Autobiography
Languages : en
Pages : 304
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Book Description
Though Clarence Thomas has been a Supreme Court Justice for nearly 25 years and has written close to five hundred opinions, legal scholars and pundits have given him short shrift, often, in fact, dismissing him as a narrow partisan, a silent presence on the bench, an enemy of his race, a tool of Antonin Scalia. And yet, as this book makes clear, few justices of the Supreme Court have developed as clear and consistent a constitutional jurisprudence as Thomas. Also little known but apparent in Ralph A. Rossum's detailed assessment of the justice's jurisprudence is how profound Thomas's impact has been in certain areas of constitutional law—not only on the bench but also even among some of his erstwhile disparaging critics. During his years on the Court, Thomas has pursued an original general meaning approach to constitutional interpretation; he has been unswayed by claims of precedent—by the gradual build-up of interpretations that, to his mind, come to distort the original meaning of the constitutional provision in question, leading to muddled decisions and contradictory conclusions. In a close reading of Thomas's hundreds of well-crafted, extensively researched, and passionately argued majority, concurring, and dissenting opinions, Rossum explores how the justice applies this original meaning approach to questions of constitutional structure as they relate to federalism; substantive rights found in the First Amendment's religion and free speech and press clauses, the Second Amendment's right to keep and bear arms, the Fifth Amendment's restrictions on the taking of private property, and the Fourteenth Amendment regarding abortion rights; and various criminal procedural provisions found in the Ex Post Facto Clauses and the Bill of Rights. Thomas grounds his original general meaning approach in the Declaration of Independence and its "self evident" truth that "all men are created equal"; that truth, he insists, "preced[es] and underl[ies] the Constitution." Understanding Clarence Thomas traces the many consequences that, for Thomas, flow from the centrality of that "self evident" truth, and how these shape his opinions in cases concerning desegregation, racial preference, and voting rights. The most thorough explication ever given of the jurisprudence of this prolific but little-understood justice, this work offers a unique opportunity to grasp not just the meaning of Clarence Thomas's opinions but their significance for the Supreme Court and constitutional interpretation in our day.
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674184653
Category : Law
Languages : en
Pages : 423
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Book Description
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Author: Douglas E. Edlin
Publisher: University of Michigan Press
ISBN: 0472902342
Category : Political Science
Languages : en
Pages : 281
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Book Description
Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.
Author: Vicki Cox
Publisher: Infobase Publishing
ISBN: 143811849X
Category : African American judges
Languages : en
Pages : 119
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Book Description
Presents a biography of Judge Thomas with a focus on his controversial confirmation as a replacement for Thurgood Marshall on the Supreme Court.
Author: Lawrence Baum
Publisher: Princeton University Press
ISBN: 140082754X
Category : Law
Languages : en
Pages : 246
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Book Description
What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.
Author: Andrew T. Fede
Publisher: University of Georgia Press
ISBN: 0820367117
Category : Law
Languages : en
Pages : 383
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Book Description
A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privileged private white interracial violence, which became a badge of slavery that continued to influence the law in action, contrary to the Constitution’s mandate of equal protection of the criminal law. The U.S. Supreme Court enabled this denial of equal justice, as did Congress, which did not make all private white racially motivated violence a crime until 2009, when it adopted the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Fede’s analysis supports that law’s constitutionality under the Thirteenth Amendment, while suggesting why—during the Jim Crow era and beyond—equal protection of the criminal law was not always realized, and why the curse of interracial violence has been a lingering badge of slavery.
Author: John L. Hoh
Publisher: Lulu.com
ISBN: 1365373126
Category : Religion
Languages : en
Pages : 88
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Book Description
Holy Week is a pivotal point in salvation history. It starts with the joyful acclamation of the Song of David, the Messiah, as the people "Hosannah" our Lord riding a donkey. We observe a new command in his body and blood. We see his excruciating and bloody death on a cross. And, just as we give up all hope as the disciples did, he rises victorious from the grave! Hallelujah! He has risen! He has risen indeed! Hallelujah! These writings and sermons reflect on those crucial events in our salvation.
Author: Charles L. Zelden
Publisher: University Press of Kansas
ISBN: 070062967X
Category : Political Science
Languages : en
Pages : 356
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Book Description
Who could forget the Supreme Court’s controversial 5-4 decision in Bush v. Gore or the 2000 presidential campaign and election that preceded it? Hanging chads, butterfly ballots, endless recounts, raucous allegations, and a constitutional crisis were all roiled into a confusing and potentially dangerous mix—until the Supreme Court decision allowed George W. Bush to become the 43rd President of the United States, despite losing the popular vote to Al Gore. Praised by scholars and political pundits alike, the original edition of Charles Zelden’s book set a new standard for our understanding of that monumental decision. A probing chronicle and critique of the vexing and acrimonious affair, it offered the most accurate and up-to-date analysis of a remarkable episode in American politics. Highly readable, its comprehensive coverage, depth of documentation and detail, and analytic insights remain unrivaled on the subject. In this third expanded edition Zelden offers a powerful history of voting rights and elections in America since 2000. Bush v. Gore exposes the growing crisis by detailing the numerous ways in which the unlearned and wrongly learned “lessons of 2000” have impacted American election law through the growth of voter suppression via legislation and administrative rulings. It provides a clear warning of how unchecked partisanship arising out of Bush v. Gore threatens to undermine American democracy in general and the 2020 election in particular.
