I grew up in the 1960s when the Supreme Court was widely praised in liberal circles for its path-breaking decisions protecting rights. Inspired by this vision of rights through law, I went to law school and then to graduate school, including a couple of years in England where I was confronted with skepticism about the role of courts. Are liberal beliefs about the role of the Supreme Court correct? Can courts really produce progressive social change, not just on paper, but in practice? Most of my research and scholarship addresses these questions that go to the heart of the belief that Supreme Court decisions protecting and furthering rights matter.
I wrote
The Hollow Hope: Can Courts Bring About Social Change?
In just a few hundred pages McCloskey presents an historically focused examination of the conditions under which the Supreme Court succeeds and fails.
Beautifully written, The American Supreme Court is aimed at an educated general audience. In discussing many of the Court’s most famous decisions it succeeds in demystifying the workings of the Court. First published in 1960, and now in its 6th edition, the book is a classic.
For more than fifty years, Robert G. McCloskey's classic work on the Supreme Court's role in constructing the US Constitution has introduced generations of students to the workings of our nation's highest court.
As in prior editions, McCloskey's original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey's magisterial treatment to address developments since the 2010 election, including the Supreme…
In this majestic study Friedman explores the relationship between public opinion and Supreme Court decisions over American history.
Friedman’s central argument is that the Supreme Court does not stand apart from the rest of the society in which it operates. Building on the work of Robert McCloskey and Robert Dahl, Friedman argues that over time the Supreme Court reflects the views of society at large.
The book is very well-researched and filled with fascinating, sometimes delightful, historical tidbits. It is written for an educated general audience.
In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history’s most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority.
In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public.…
Lucas Powe’s magnificent study focuses on the relationship between the Supreme Court and elites throughout American history.
The Court, Powe argues, is not an independent institution dedicated to protecting the rights of the disadvantaged. Rather, it works in tandem with elites to further their interests. The book is beautifully written and persuasively argued.
'The Supreme Court follows the election returns', the fictional Mr. Dooley observed a hundred years ago. And for all our ideals and dreams of a disinterested judiciary, above the political fray, it seems Mr. Dooley was right. In this engaging - and disturbing - book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics. The story begins with the creation of the Constitution and ends with the June 2008 decisions on the rights of detainees at Guantanamo Bay. Rendering crisp (and often controversial) judgments on key decisions from Marbury v. Madison to…
Justice William Brennan reportedly would tell his new law clerks each year that the most important thing to understand about the Supreme Court was the number five.
He meant that it takes the votes of five justices to set precedent and change the law. In this very readable study Epstein & Knight explore how justices act if they wish to move the law as close as possible to their preferred outcome.
Based on careful reading of the papers of four Justices, Epstein & Knight make a persuasive case that justices who wish to change the law act strategically. That is, rather than casting a vote based on what they belief is the legally correct outcome, they often join majorities that don’t reflect their genuine beliefs but move the law closer to them.
The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions.
Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and…
How do Supreme Court justices make decisions? Law students are taught that justices apply a consistent and principled jurisprudence to examine the facts of the case before them, precedent, and the statue or constitutional provision at issue.
Segal and Spaeth argue that this understanding is a myth. Rather, they argue that Supreme Court justices base their decisions on their attitudes, values, and political preferences. Using the highly reliable US Supreme Court Judicial Data Base, compiled by Professor Spaeth, their analysis explains and predicts Supreme Court decisions with a stunning degree of accuracy.
Their conclusion is that debates over originalism, judicial activism, judicial restraint, and the like are simply a distraction that hides the true reason justices decide cases.
This book, authored by two leading scholars of the Supreme Court and its policy making, systematically presents and validates the use of the attitudinal model to explain and predict Supreme Court decision making. In the process, it critiques the two major alternative models of Supreme Court decision making and their major variants: the legal and rational choice. Using the US Supreme Court Data Base, the justices' private papers, and other sources of information, the book analyzes the appointment process, certiorari, the decision on the merits, opinion assignments, and the formation of opinion coalitions. The book will be the definitive presentation…
How powerful is the Supreme Court? Can it protect and further the rights of the relatively disadvantaged in American society? If other governmental institutions fail to act to limit racial and gender discrimination, protect unpopular minorities, poor criminal defendants, the environment, voting rights, etc., then can the Supreme Court step in and effectively protect these groups and further their interests?
Based on extensive historical and empirical evidence, The Hollow Hope argues that the conditions under which Supreme Court decisions actually make a difference in the lives of the relatively disadvantaged are so rare that litigation to bring about progressive social change will almost always fail, even when Supreme Court victories such as Brown and Roe are achieved. Litigation to produce progressive social change is a hollow hope.
I come by my interest in history and the years before, during, and after the Second World War honestly. For one thing, both my father and my father-in-law served as pilots in the war, my father a P-38 pilot in North Africa and my father-in-law a B-17 bomber pilot in England. Their histories connect me with a period I think we can still almost reach with our fingertips and one that has had a momentous impact on our lives today. I have taken that interest and passion to discover and write true life stories of the war—focusing on the untold and unheard stories often of the “Average Joe.”
October 24, 1944, is not a day of national remembrance. Yet, more Americans serving in World War II perished on that day than on any other single day of the war.
The narrative of No Average Day proceeds hour by hour and incident by incident while focusing its attention on ordinary individuals—clerks, radio operators, cooks, sailors, machinist mates, riflemen, and pilots and their air crews. All were men who chose to serve their country and soon found themselves in a terrifying and otherworldly place.
No Average Day reveals the vastness of the war as it reaches past the beaches in…
October 24, 1944, is not a day of national remembrance. Yet, more Americans serving in World War II perished on that day than on December 7, 1941, when the Japanese attacked Pearl Harbor, or on June 6, 1944, when the Allies stormed the beaches of Normandy, or on any other single day of the war. In its telling of the events of October 24, No Average Day proceeds hour by hour and incident by incident. The book begins with Army Private First-Class Paul Miller's pre-dawn demise in the Sendai #6B Japanese prisoner of war camp. It concludes with the death…
