Synopses & Reviews
A judge-made revolution? The very term seems an oxymoron, yet this is exactly what the Supreme Court under Chief Justice Earl Warren achieved. In Bernard Schwartzs latest work, based on a conference at the University of Tulsa College of Law, we get the first retrospective on the Warren Court--a detailed analysis of the Courts accomplishments, including original pieces by well-known judges, professors, lawyers, popular writers such as Anthony Lewis, David Halberstam, David J. Garrow, and a rare personal remembrance by Justice William J. Brennan, Jr.
The Warren Court: A Retrospective begins with an examination of the Courts decisions in a variety of different fields, such as equal protection, freedom of speech, freedom of the press, and criminal law. The work continues with The Justices, an intimate look at the principal protagonists in the Courts operation. Then, in A Broader Perspective, the book looks at the Court from an historical perspective, demonstrating its impact on the legal profession and jurisprudence, its international impact, and its legacy.
Both readable and informative, The Warren Court: A Retrospective provides an invaluable source for anyone interested in the Court that did so much to change America.
Review
"It is a treasure trove of information and insights about the Warren Court and its times as seen by judges, clerks of the Justices, attorneys, journalists, and professors....Especially noteworthy are the 'Personal Remembrance' by Justice William Brennan and essays by Anthony Lewis, David J. Garrow, Judge Richard Arnold, and Kermit Hall. This book is highly recommended as one of the best available on the Warren Court and its impact on the U.S."--Choice
"The best of these essays remind the reader how important the decisions of the Warren Court were and that it is impossible to understand the Warren Court without reference to its successors....[They] offer thoughtful and rigorous analyses of the Court's decision-making and useful insights into the approaches to legal analysis that the Justices adopted....[The book's] best chapters...capture what is important and what we should know, and present that material in a clear and effective manner."--The Law and Politics Book Review
"...there is also critical analysis, sometimes heated, in this valuable addition to the literature"--The Supreme Court Historical Society Quarterly
About the Author
Bernard Schwartz is Chapman Distinguished Professor of Law at the University of Tulsa College of Law. He is the author of over fifty books, including
The Unpublished Opinions of the Warren Court,
The Unpublished Opinions of the Burger Court, and
A History of the Supreme Court.
Table of Contents
Introduction / James B. O'Hara -- A personal remembrance / William J. Brennan, Jr. -- Earl Warren and his America / David Halberstam -- The constitutional corpus. Race and equality : the still unfinished business of the Warren Court / Julius L. Chambers -- Freedom of speech in the Warren Court / Nadine Strossen -- The Warren Court and freedom of the press / Ronald D. Rotunda -- The Warren Court and the religion clauses of the First Amendment / John Sexton -- The Warren Court and criminal justice / Yale Kamisar -- The takings jurisprudence of the Warren Court : a constitutional siesta / Richard A. Epstein -- The Warren Court and the welcome stranger rule / Richard Neely -- The justices. Hugo L. Black / Bernard Schwartz -- William J. Brennan, Jr. / Richard S. Arnold -- William O. Douglas / James F. Simon -- Felix Frankfurter / Philip B. Kurland -- John Marshall Harlan / Norman Dorsen -- Earl Warren / Bernard Schwartz -- Clerking for the Chief Justice / Tyrone Brown -- A broader perspective. The Warren Court and the legal profession : shouldering the responsibility of a common law legal system / George E. Bushnell, Jr. -- The Warren Court in historical perspective / Kermit L. Hall -- The Warren Court and state constitutional law / James G. Exum, Jr., Louis D. Bilionis -- From modernism to postmodernism in American legal thought : the significance of the Warren Court / Stephen M. Feldman -- The international impact of the Warren Court / The Right Honorable the Lord Woolf -- Spook of Earl : the spirit and specter of the Warren Court / Alex Kozinski -- What the Warren Court has meant to America / David J. Garrow -- The legacy of the Warren Court / Anthony Lewis.