BiblioVault - Books about Judges

Rationing the Constitution

How Judicial Capacity Shapes Supreme Court Decision-Making

Andrew Coan

Harvard University Press, 2019

In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society.

Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law.

Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both.

The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

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Reading Gender in Judges

An Intertextual Approach

Shelley L. Birdsong

SBL Press, 2023

Much of the content of Judges can be understood only when read together with other parts of the Hebrew Bible. Narratives in Judges comment, criticize, and reinterpret other texts from across what became the canon, often by troubling gender, disrupting stereotypical binaries, and creating a kind of gender chaos. This volume brings together gender criticism and intertextuality, methods that logically align with intersectional lenses, to draw attention to how race, ethnicity, class, religion, ability, sex, and sexuality all play a role in how one is gendered in the book of Judges. Contributors Elizabeth H. P. Backfish, Shelley L. Birdsong, Zev Farber, Serge Frolov, Susanne Gillmayr-Bucher, Susan E. Haddox, Hyun Chul Paul Kim, Richard D. Nelson, Pamela J. W. Nourse, Tammi J. Schneider, Joy A. Schroeder, Soo Kim Sweeney, Rannfrid I. Lasine Thelle, J. Cornelis de Vos, Jennifer J. Williams, and Gregory T. K. Wong provide substantial new and significant contributions to the study of gender, the book of Judges, and biblical hermeneutics in general. This volume illustrates why biblical scholars and students need to take the intersectional identities of characters and their intertextual environments seriously.

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The Red Pavilion

A Judge Dee Mystery

Robert van Gulik

University of Chicago Press, 1961

A chance encounter with Autumn Moon, the most powerful courtesan on Paradise Island, leads Judge Dee to investigate three deaths. Although he finally teases the true story from a tangled history of passion and betrayal, Dee is saddened by the perversion, corruption, and waste of the world "of flowers and willows" that thrives on prostitution.

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Reminiscences of an Old Georgia Lawyer

Judge Garnett Andrews

S. Kittrell Rushing

University of Tennessee Press, 2009

The old judge enjoyed swapping tales and sharing company with other lawyers, politicians, and family members. A true aristocrat of the Old South, Garnett Andrews (1798–1873) so enjoyed hearing and telling good yarns that he decided late in his life to preserve them for posterity. The judge wrote down a collection of his stories, including tales of men with whom he had worked—and some whom he had worked against—and in 1870, about three years before he died, he had his booklet printed and circulated among friends. He titled it Reminiscences of an Old Georgia Lawyer.

This new volume reprises Andrews’s work, and features a new introduction by S. Kittrell Rushing. In recounting a lawyer’s life from the frontier period through the Civil War and into the Reconstruction era, Andrews’s recollections provide rare and fascinating details, particularly about pre–Civil War Georgia, the state of the judiciary in the early national period—about which little has been written—and the larger political and social milieu of antebellum and postbellum America. This is an eclectic mixture of tall tales, humorous anecdotes, and keen observations about southern society and the practice of law.

In his introduction, Rushing places Andrews’s writings in a broad context. He addresses Andrews’s racial views head on, confronting and probing the racism, sexism, and classism of Andrews and his times. In addition, Rushing provides biographical and genealogical information about the judge and his family, including his daughter, the noted diarist and novelist Eliza Frances Andrews. This volume also includes other pieces by Andrews, among them letters, speeches, and his acceptance of the 1855 gubernatorial nomination.

Highly readable and lively, Reminiscence of an Old Georgia Lawyer will enlighten and entertain both scholars and general readers interested in the history of Georgia, the Old South, and American legal history.

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A Rift in the Clouds

Race and the Southern Federal Judiciary, 1900-1910

Brent J. Aucoin

University of Arkansas Press, 2007

A Rift in the Clouds chronicles the efforts of three white southern federal judges to protect the civil rights of African Americans at the beginning of the twentieth century, when few in the American legal community were willing to do so. Jacob Treiber of Arkansas, Emory Speer of Georgia, and Thomas Goode Jones of Alabama challenged the Supreme Court's reading of the Reconstruction amendments that were passed in an attempt to make disfranchised and exploited African Americans equal citizens of the United States. These unpopular white southerners, two of whom who had served in the Confederate Army and had themselves helped to bring Reconstruction to an end in their states, asserted that the amendments not only established black equality, but authorized the government to protect blacks. Although their rulings won few immediate gains for blacks and were overturned by the Supreme Court, their legal arguments would be resurrected, and meet with greater success, over half a century later during the civil rights movement.

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The Role of the Judge in International Trade Regulation

Experience and Lessons for the WTO

Thomas Cottier and Petros C. Mavroidis, Editors

University of Michigan Press, 2003

The WTO is generally seen as a key actor of globalization and, as such, has been the point of convergence of popular irritation worldwide. Many of the reproaches addressed to the WTO show civil societys concern with what is perceived as a democratic deficit in the way the organization operates. The main fear is to see trade rise as the ultimate value, prevailing over concerns such as health and environment. The Role of the Judge offers insight into how disputes are solved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the degree of sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO and shows it to be the only truly multilateral system where disputes are solved by third-party adjudication.
The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO.
Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights as well as rich and detailed analysis.
Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern.
Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization.
Patrick Blatter is Mavroidiss scientific collaborator.

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Ruth Bader Ginsburg’s Legacy of Dissent

Feminist Rhetoric and the Law

Katie L. Gibson

University of Alabama Press, 2018

A rhetorical analysis of Justice Ruth Bader Ginsburg’s feminist jurisprudence

Ruth Bader Ginsburg’s lifelong effort to reshape the language of American law has had profound consequences: she has shifted the rhetorical boundaries of jurisprudence on a wide range of fundamental issues from equal protection to reproductive rights. Beginning in the early 1970s, Ginsburg led a consequential attack on sexist law in the United States. By directly confronting the patriarchal voice of the law, she pointedly challenged an entrenched genre of legal language that silenced the voices and experiences of American women and undermined their status as equal citizens. On the United States Supreme Court, Justice Ginsburg continues to challenge the traditional scripts of legal discourse to insist on a progressive vision of the Constitution and to demand a more inclusive and democratic body of law.

This illuminating work examines Justice Ruth Bader Ginsburg’s contributions in reshaping the rhetoric of the law (specifically through the lens of watershed cases in women’s rights) and describes her rhetorical contributions—beginning with her work in the 1970s as a lawyer and an advocate for the ACLU’s Women’s Rights Project through her tenure as a Supreme Court justice. Katie L. Gibson examines Ginsburg’s rhetoric to argue that she has dramatically shifted the boundaries of legal language. Gibson draws from rhetorical theory, critical legal theory, and feminist theory to describe the law as a rhetorical genre, arguing that Ginsburg’s jurisprudence can appropriately be understood as a direct challenge to the traditional rhetoric of the law.

Ruth Bader Ginsburg stands as an incredibly important figure in late twentieth- and early twenty-first-century feminism. While a growing number of admirers celebrate Justice Ginsburg’s voice of dissent today, Ginsburg’s rhetorical legacy reveals that she has long articulated a sharp and strategic voice of judicial dissent. This study contributes to a more complete understanding of her feminist legacy by detailing the unique contributions of her legal rhetoric.

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