BiblioVault - Books about Courts

Making Sense of the Constitution

A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law

Walter M. Frank

Southern Illinois University Press, 2012

In Making Sense of the Constitution: A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law, Walter Frank tackles in a comprehensive but lively manner subjects rarely treated in one volume.

Aiming at both the general reader and students of political science, law, or history, Frank begins with a brief discussion of the nature of constitutional law and why the Court divides so closely on many issues. He then proceeds to an analysis of the Constitution and subsequent amendments, placing them in their historical context. Next, Frank shifts to the Supreme Court and its decisions, examining, among other things, doctrinal developments, the Court’s decision making processes, how justices interact with each other, and the debate over how the Constitution should be interpreted.

The work concludes with a close analysis of Court decisions in six major areas of continuing controversy, including abortion, affirmative action, and campaign finance.

Outstanding by the University Press Books for Public and Secondary Schools

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Making the Renaissance Man

Masculinity in the Courts of Renaissance Italy

Timothy McCall

Reaktion Books, 2023

Looking beyond the marble elegance of Michelangelo’s David, the pugnacious, passionate, and—crucially—important story of Renaissance manhood.

Making the Renaissance Man explores the images, objects, and experiences that fashioned men and masculinity in the courts of fifteenth-century Italy. Across the peninsula, Italian princes fought each other in fierce battles and spectacular jousts, seduced mistresses, flaunted splendor in lavish rituals of knighting, and demonstrated prowess through the hunt—all ostentatious performances of masculinity and the drive to rule. Hardly frivolous pastimes, these activities were essential displays of privilege and virility; indeed, violence underlay the cultural veneer of the Italian Renaissance. Timothy McCall investigates representations and ideals of manhood in this time and provides a historically grounded and gorgeously illustrated account of how male identity and sexuality proclaimed power during a century crucial to the formation of Early Modern Europe.

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Mastering Boston Harbor

Courts, Dolphins, and Imperiled Waters

Charles M. Haar

Harvard University Press, 2005

Mastering Boston Harbor chronicles how America's most glorious and historically significant harbor was rescued from decades of pollution and neglect by a community of caring citizens who were linked to an environmentally committed judge and his special harbor master. This dynamic public-private team shaped novel legal and political procedures for governing and restoring the harbor.

Charles Haar provides a fascinating study of the convergence of judicial supervision with political, environmental, financial, and technological interests. He challenges those who will instantly decry an "activist" judiciary and pulls back the curtain on the serious problems a court faces when it must grapple with an intractable problem affecting public interest. Haar demonstrates that at times only a resolute judiciary can energize and coordinate the branches of government to achieve essential contemporary social goals--goals that are endorsed and supported by a majority whose voice is often ignored in legislative and executive back rooms.

Because of his experience as special master in the dispute, Haar provides the reader with an insider's view of a modern brand of judicial decision-making that is not anti-majoritarian, and could be applied to similar crises in which the legislative and executive branches of government are impotent. Citizens concerned about the conflict between unbridled economic liberty and environmental protection will gain important insight from this eyewitness account of how the "harbor of shame" became a vibrant focal point for the renewal of Boston as a world-class city.

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Measuring Judicial Independence

The Political Economy of Judging in Japan

J. Mark Ramseyer and Eric B. Rasmusen

University of Chicago Press, 2003

The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics.

The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage.

On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions.

Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.

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The Medieval Origins of the Legal Profession

Canonists, Civilians, and Courts

James A. Brundage

University of Chicago Press, 2008

In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage’s The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church.
By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.

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The Medieval Risk-Reward Society

Courts, Adventure, and Love in the European Middle Ages

Will Hasty

The Ohio State University Press, 2016

The Medieval Risk-Reward Society offers a study of adventure and love in the European Middle Ages focused on the poetry of authors such as Marie de France, Chrétien de Troyes, Wolfram von Eschenbach, and Gottfried von Strassburg—showing how a society based on sacrifice becomes a society based on wagers and investments. Will Hasty’s sociological approach to medieval courtly literature, informed by the analytic tools of game theory, reveals the blossoming of a worldview in which outcomes are uncertain, such that the very self (of a character or an authorial persona) is contingent on success or failure in possessing the things it desires—and upon which its social identity and personal happiness depend. Drawing on a diverse selection of contrasting canonical works ranging from the Iliad to the biblical book of Joshua to High Medieval German political texts to the writings of Leibniz and Mark Twain, Hasty enables an appreciation of the distinctive contributions made in antiquity and the Middle Ages to the medieval emergence of a European society based on risks and rewards.

The Medieval Risk-Reward Society: Courts, Adventure, and Love in the European Middle Ages takes a descriptive approach to the competitions in religion, politics, and poetry that are constitutive of medieval culture. Culture is considered always to be happening, and to be happening on the cultural cutting edge as competitions for rewards involving the element of chance. This study finds adventure and love—the principal concerns of medieval European romance poetry—to be cultural game changers, and thereby endeavors to make a humanist contribution to the development of a cultural game theory.

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Michigan Supreme Court Historical Reference Guide, 2nd Edition

David Chardavoyne

Michigan State University Press, 2015

This second edition of the Michigan Supreme Court Historical Reference Guide contains the biographies of Michigan Supreme Court’s justices from its territorial beginnings in 1803 through 2015. It includes summaries of twenty top cases of the Michigan Supreme Court, which contextualize the eras in which the justices were on the bench, giving a greater depth of understanding to both who the justices were and the historical significance of the cases they decided. A rich reference for historians and attorneys, this book also includes valuable charts detailing election dates and candidates as well as court compositions (who served with whom); lists of chief justices and the ten longest—and shortest—serving justices with dates of service; and a history of the structural evolution of the Michigan Supreme Court.

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Misreading Law, Misreading Democracy

Victoria Nourse

Harvard University Press, 2016

American law schools extol democracy but teach little about its most basic institution, the Congress. Interpreting statutes is lawyers’ most basic task, but law professors rarely focus on how statutes are made. This misguided pedagogy, says Victoria Nourse, undercuts the core of legal practice. It may even threaten the continued functioning of American democracy, as contempt for the legislature becomes entrenched in legal education and judicial opinions. Misreading Law, Misreading Democracy turns a spotlight on lawyers’ and judges’ pervasive ignorance about how Congress makes law.

Victoria Nourse not only offers a critique but proposes reforming the way lawyers learn how to interpret statutes by teaching legislative process. Statutes are legislative decisions, just as judicial opinions are decisions. Her approach, legislative decision theory, reverse-engineers the legislative process to simplify the task of finding Congress’s meanings when statutes are ambiguous. This theory revolutionizes how we understand legislative history—not as an attempt to produce some vague notion of legislative intent but as a surgical strike for the best evidence of democratic context.

Countering the academic view that the legislative process is irrational and unseemly, Nourse makes a forceful argument that lawyers must be educated about the basic procedures that define how Congress operates today. Lawmaking is a sequential process with political winners and losers. If lawyers and judges do not understand this, they may well embrace the meanings of those who opposed legislation rather than those who supported it, making legislative losers into judicial winners, and standing democracy on its head.

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The Most Activist Supreme Court in History

The Road to Modern Judicial Conservatism

Thomas M. Keck

University of Chicago Press, 2004

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 with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism.

Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.

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Murder, Courts, and the Press

Issues in Free Press/Fair Trial

Peter E. Kane. Foreword by Franklyn S. Haiman

Southern Illinois University Press, 1992

When murder is the crime, the clash in the courts is likely to be between two constitutionally enshrined rights—freedom of speech and the right to a fair trial.

Peter E. Kane shows what happened in seven famous court cases when First Amendment rights (concerning freedom of speech) conflicted with Sixth Amendment rights (concerning fair trial). He reports the circumstances of each crime, the court proceedings, and the conduct of the press in the trials of Sam Sheppard, Charles Manson and his followers, John Paul Stevenson, Claus von Bülow, and Arthur Shawcross and the cases involving the Kellie family and the Wayne Clapp murders. Kane’s narrative and analytical approach illuminates legal principles and shows the roles of actual human beings underlying the abstractions of court opinions.

In this revised and expanded edition, Kane considers two new topics stemming from recent court cases: cameras in the courtroom and a code of ethics for crime reporting. Kane explores the issue of cameras through the famous Claus von Bülow retrial, which featured live television broadcasts; regarding a journalistic code, Kane examines the massive pretrial reporting of the serial murders of Arthur Shawcross. Kane notes that sensational crime stories serve the interests of many people: the public wants to read them; journalists want to write them because they can make a reporter’s fortune and reputation; and editors and publishers want to sell papers. The sensational crime story serves everyone’s purpose except that of the accused.

In addition to exploring journalistic ethics and the proper procedures for trial judges in guaranteeing a fair trial, these cases also provide an introduction to the operation of the courts in criminal justice. "The trial court is the arena in which the conflicts between a free press and a fair trial are played out," Kane writes. "This play is described here as are the subsequent evaluations of that play by the appellate courts. Thus the legal process is considered from its beginning with the original crime to the final resolution of the case in the United States Supreme Court."

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