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Judges on Judging
Views from the Bench
Fifth Edition
Edited by:
- David M. O'Brien - University of Virginia, USA
May 2016 | 392 pages | CQ Press
Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features “off-the-bench” writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.
“Judges on Judging is consistently rated by my students as their favorite book in my class. No other single volume provides them with such a clear and accessible sense of what judges do, what courts do, and the way judges think about their roles and their courts.”
—Douglas Edlin, Dickinson College
Part I: Judicial Review and American Politics
Warren E. Burger
Chapter 1: The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury
Robert H. Jackson
Chapter 2: The Supreme Court in the American System of Government
Part II: The Dynamics of the Judicial Process
Jerome Frank
Chapter 3: The "Fight" Theory versus the "Truth" Theory
Marvin E. Frankel
Chapter 4: The Adversary Judge: The Experience of the Trial Judge
D. Brock Hornsby
Chapter 5: The Business of the U.S. District Courts
Alex Kozinski
Chapter 6: What I Ate for Breakfast and Other Mysteries of Judicial Decision Making
Stephen Reinhardt
Chapter 7: Whose Federal Judiciary Is It Anyway?
Lewis F. Powell Jr.
Chapter 8: What Really Goes on at the Supreme Court
William H. Rehnquist
Chapter 9: The Supreme Court's Conference
John Paul Stevens
Chapter 10: Deciding What to Decide: The Docket and the Rule of Four
John M. Harlan II
Chapter 11: The Role of Oral Argument
William O. Douglas
Chapter 12: The Dissent: A Safeguard of Democracy
Part III: The Judiciary and the Constitution
Joseph Story
Chapter 13: Commentaries on the Constitution of the United States
Oliver Wendell Holmes Jr.
Chapter 14: The Path of Law
Benjamin N. Cardozo
Chapter 15: The Judge as a Legislator
William H. Rehnquist
Chapter 16: The Notion of a Living Constitution
William Wayne Justice
Chapter 17: A Relativistic Constitution
J. Clifford Wallace
Chapter 18: The Jurisprudence of Judicial Restraint: A Return to the Moorings
Robert H. Bork
Chapter 19: Tradition and Morality in Constitutional Law
Richard A. Posner
Chapter 20: What Am I, a Potted Plant? The Case Against Strict Constructionism
Antonin Scalia
Chapter 21: Originalism: The Lesser Evil
Clarence Thomas
Chapter 22: Judging
Thurgood Marshall
Chapter 23: The Constitution: A Living Document
William J. Brennan Jr.
Chapter 24: The Constitution of the United States: Contemporary Ratification
John Paul Stevens
Chapter 25: Originalism and History
David H. Souter
Chapter 26: On Constitutional Interpretation
Ruth Bader Ginsburg
Chapter 27: Speaking in a Judicial Voice: Reflections on Roe v. Wade
Stephen G. Breyer
Chapter 28: Our Democratic Constitution
Richard A. Posner
Chapter 29: Against Constitutional Theory
Part IV: Our Dual Constitutional System: The Bill of Rights and the States
Hugo L. Black
Chapter 30: The Bill of Rights
William J. Brennan Jr.
Chapter 31: Guardians of Our Liberties - State Courts No Less Than Federal
Hans A. Linde
Chapter 32: First Things First: Rediscovering the States' Bills of Rights
Jeffrey S. Sutton
Chapter 33: What Does - and Does Not - Ail State Constitutional Law
Judith S. Kaye
Chapter 34: State Courts at the Dawn of a New Century: Common Law Courts Reading Statutes and Constitutions
