JUDICIAL POLITICS READING LIST


INTERNET SOURCES

Federal Judiciary Home Page: www.uscourts.government
Supreme Court Home Page: www.supremecourtus.government
Lots of Legal Information: www.findlaw.com
www.westlaw.com


THE SUPREME COURT

Abraham, Henry J. Justices, Presidents, and Senators: A History of the US Supreme Court Appointments from Washington to Clinton
---------------------- The Judiciary: The Supreme Court in the Governmental Process
Baugh, Joyce A. Supreme Court Justices in the Post-Bork Era
Baum, Lawrence. The Supreme Court
Bickel Alexander. The Least Dangerous Branch: The Supreme Court at the Bar of Politics
Comiskey, Michael. Seeking Justices: The Judging of Supreme Court Nominees
Cox, Archibald. The Role of the Supreme Court in American Government
Epstein, Lee. Conservatives in Court
Epstein, Segal, Spaeth, and Walker: The Supreme Court Compendium: Data, Decisions, and Developments
Faille, Christopher, C. The Decline and Fall of the Supreme Court: Living Out the
Nightmares of the Federalists
Francis, Samuel A. Good Behavior: The Supreme Court and Article III of the United
States Constitution
Garbus, Martin. Courting Disaster: The Supreme Court and the Unmaking of American Law
Gerber, Scott Douglas. Seriatum: The Supreme Court Before John Marshall
Hall, Kermit. The Oxford Companion to the Supreme Court
---------------- The Oxford Guide to Supreme Court Decisions
Horowitz, Morton J. The Warren Court and the Pursuit of Justice
Irons, Peter. A Peoples' History of the Supreme Court
-------------- Brennan versus Rehnquist: The Battle for the Constitution
Keck, Thomas M. The Most Activist Supreme Court in History: The Road to Modern
Constitutional Conservatism
Lazarus, Edward. Closed Chambers: The First Eye Witness Account of the Epic Struggles Inside the Supreme Court
Leahy, James E. Supreme Court Justices Who voted with the Government: Nine Who Favored the State Over Individual Rights
Leuchtenburg, William E. The Supreme Court Reborn: The Constitutional Revolution in
the Age of Roosevelt
McGuire, Kevin T. Understanding the Supreme Court
Murphy, Walter F. Congress and the Court
Newmyer, R. Kent. John Marshall and the Heroic Age of the Supreme Court
----------------------- The Supreme Court Under Marshall and Taney
O'Brien, David M. Storm Center: The Supreme Court in American Politics
Pritchett, Herman C. The Roosevelt Court: A Study in Judicial politics and Values,
1937-1947
Schwartz, Bernard. A History of the Supreme Court
Silverstein, Mark. Judicious Choices: The New Politics of Supreme Court Confirmations
Spaeth, Harold J. Stare Decisis: The Alteration of Precedent on the Supreme Court
1946-1992
Steamer, Robert J. Chief Justice: Leadership in the Supreme Court
Rehnquist, William H. The Supreme Court: How It Was, How It Is.
Stephenson, D. Grier. An Essential Safeguard: Essays on the United States Supreme Court and its Justices
Tushnet, Mark. The Warren Court in Historical and Political Perspective
Urofsky, Melvin I. Division and Discord: The Supreme Court Under Stone and Vinson, 1941- 1953
Van Geel, T.R. Understanding Supreme Court Opinions
Vieira and Gross. Supreme Court Appointments: Judge Bork and the Politicalization of Supreme Court Appointments
Wasby, Stephan L. The Impact of the United States Supreme Court: Some Perspectives
Watson and Stookey. Shaping America: The Politics of Supreme Court Appointments
Woodward and Armstrong. The Brethren: Inside the Supreme Court
Yalof, David. Pursuit of Justice: Presidential Politics and the Selection of Supreme Court Nominees
Yarbrough, Tinsley E. The Rehnquist Court and the Constitution


CONSTITUTIONAL LAW

Abraham, Henry J. Freedom and the Court: Civil Rights and Liberties in the United
States
Adler and George. The Constitution and the Conduct of American Foreign Policy
Berger, Raoul. Congress v. the Supreme Court
--------------- Executive Privilege: A constitutional Myth
Impeachment: The Constitutional Problems
Bland, Randall W. The Black Robe and the Bald Eagle
Cortner, Richard C. The Supreme Court and Civil Liberties Policy
Corwin Edward S. The Constitution and What it Means Today [rev. ed. by Chase and Ducat]
Cox, Archibald. The Court and the Constitution
Dash, Samuel. The Intruders: Unreasonable Search and Seizures from King John to John Ashcroft
Ely, John. Democracy and Distrust
Epstein and Walker. Constitutional Law for a Changing America: Rights, Liberties, and Justice
------------------------ Institutional Powers and Constraints: Constitutional Law for a
Changing America
Fisher, Louis. Constitutional Conflicts Between the Congress and the President
---------------- Constitutional; Dialogues: Interpretation as Political Process
Franck, Thomas. Political Questions, Judicial Answers
Henkin, Louis. Foreign Affairs and the Constitution
----------------- Constitutionalism, Democracy, and Foreign Affairs
Hensley, Smith, Baugh. The Changing Supreme Court: Constitutional Rights and
Liberties
Kutler, Stanley I. The Supreme Court and the Constitution
Lieberman, Jethro K. A Practical Companion to the Constitution: How the Supreme Court Has Ruled on Issues from Abortion to Zoning
Noonan and Noonan. Narrowing the Nation's Power: The Supreme Court Sides with the States
Rossiter, Clinton. The Supreme Court and the Commander-in-Chief
Scalia, Antonin. A Matter of Interpretation: Federal Courts and the Law
Sheffer, Martin S. The Judicial Development of Presidential War Powers
Silverstein, Gordon. Imbalance of Powers: Constitutional Interpretation and the Making of American Foreign Policy
Smith, Jean E. The Constitution and American Foreign Policy
Stoner, James R. Common Law Liberty: Rethinking American Constitutionalism
Wormuth and Firmage. To Chain the Dog of War: The War Power of Congress in History and Law


CONSTITUTIONAL HISTORY (General)

Benedict, Michael L. Sources in American Constitutional History
Bowen, Catherine Drinker. Miracle At Philadelphia: The Story of the Constitutional Convention, May-September 1787
Corwin Edward S. American Constitutional History: Essays by Edward S. Corwin [ed.
By Mason and Garvey]
Finkleman and Urofsky. Landmark Decisions of the United States Supreme Court
Friedman, Lawrence M. A History of American Law (2d)
George, Robert P. Great Cases In Constitutional Law
Harrison and Gilbert: Landmark Decisions of the United States Supreme Court II
Kelly, Harbison, and Belz. The American Constitution: Its Origins and Developments
Leahy, James E. Liberty, Justice, and Equality: How These Constitutional Guarantees Have Been Shaped by United States Supreme Court Decisions Since 1789
Lofgren, Charles A. Government From reflection and Choice: Constitutional Essays on War, Foreign Relations, and Federalism
Power, Lucas A. Jr. The Warren Court and American Politics
Swindler, William F. Court and the Constitution in the 20th Century: The Old Legality,1889- 1932; The New Legality, 1932-1968; the Modern Interpretation

CONSTITUTIONAL HISTORY (Individual Cases)

Barth, Alan. Prophets With Honor: Great Dissents and Great Dissenters in the Supreme Court
Bingham and Gansler: Class Action: The Story of Lois Jenson and the Landmark Case that Changed Sexual Harassment Law
Cottroll, et al. Brown V. Board of Education: Caste, Culture, and the Constitution
Dorf, Michael C. (ed.) Constitutional Law Stories
Fireside, Harvey. Plessey v. Ferguson: Separate But Equal.
Friendly, Fred W. Minnesota Rag: The Dramatic Story of the Landmark Supreme Court Cases That Gave New Meaning to Freedom of the Press [Near v. Minnesota]
Friendly and Elliott. The Constitution - That Delicate Balance: Cases That Shaped the Constitution
Garraty, John A. Quarrels That Have Shaped the Constitution
Harrison and Gilbert. Freedom of Speech Decisions of the United States Supreme Court
------------------------- Landmark decisions of the Supreme Court
Hull and Hoffner. Roe v. Wade: The Abortion Rights Controversy in American History
Kens, Paul. Lochner v. New York: Economic Regulation on Trial
Labbe and Lurie. The Slaughterhouse Cases: Reregulation, Reconstruction, and the Fourteenth Amendment
Lewis, Anthony. Gideon's Trumpet
Irons, Peter H. Courage of their Convictions: Sixteen People Who Fought Their Way to the Supreme Court
Padover and Landynski. The Living US Constitution: Historical Background on Landmark Supreme Court Decisions
Russomanno, Joseph. Speaking Our Minds: Conversations with People BehindLandmark First Amendment Cases
Stockford, Marjorie. The Bellwomen: The Story of the Landmark AT&T Sex Discrimination Case
Strum, Philip. When the Nazis Came to Skokie
Ungar, Sanford J. The Papers and the Paper: An Account of the Legal and Political Battles Over the Pentagon Papers [New York Times v. United States]
Westin, Alan F. The Anatomy of a Constitutional Law Case [the Steel Seizure case]
Woloch, Mary. Muller v Oregon: A Brief History with Documents
Yarbrough, Tinsely W. Race And Redistricting: The Shaw and Cromartie Cases

CONSTITUTIONAL LAW AND FOREIGN AFFAIRS


Adler and George (eds.) The Constitution and the Conduct of American Foreign Policy
Caraley, (ed) The President's War Powers from the Federalists to Reagan
Franck and Gannon. Foreign Relations and National Security Law, 2d ed.
Rossiter, Clinton, The Supreme Court and the Commander-in-Chief
Smith, Jean. The Constitution and American Foreign Policy
The Clinton Wars: The Constitution, Congress, and the War Powers, Hendrickson 2002
Congressional Abdication on War and Spending, Fisher 2000.
Constitutional and Military Law, Supplemental Text, Fisher 1992
Presidential War Power, Fisher, 1995
Anatomy of a Constitutional Law Case [the Steel Seizure case], Westin 1990
America as a World Power, Johnson, 1995

Any of the following by Charles Lofgren, PhD:
"War Powers, Treaties, and The Constitution," in Leonard Levy and Dennis
Mahoney, editors, The Framing and Ratification of the Constitution (Macmillan, 1987), pp. 242-258.
"United States v. Curtiss-Wright Export Corporation: An Historical Reassessment," Yale Law Journal, LXXXIII (1973), 1-32.
"War-Making Under the Constitution: The Original Understanding," Yale Law Journal, LXXXI (1972), 672-702. Reprinted in Richard Falk, editor, The Vietnam War and International Law, vol. 4 (Princeton University Press, 1976).
"Presuppositions and the Problem of Strategic Change," Policy Sciences, II (1971),
413-424.
"Mr. Truman's War: A [Constitutional] Debate and Its Aftermath," Review of
Politics, XXXI (1969), 223-241.

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JUDICIAL PROCESSES

Bulloch and Lamb. Implementation of Civil Rights Policy
Burton, Steven J. An Introduction to Law and Reasoning
Canon and Johnson. Judicial Policies: Implementation and Impact
Carp, Stidham, and Manning. Judicial Process in America
Carter and Burke. Reason in Law.
Cooper, Philip J. Hard Judicial Choices
Farnsworth, E. Allen. Introduction to the Legal System of the United States (3rd ed.)
Friedman, Lawrence M. American Law: An Introduction
Rogers and Bulloch. Coercion to Compliance
Schubert, Frank A. Introduction to Law and the Legal System
Woodford, Howard J. Jr. Courts of Appeals in the Federal Judicial System


JUDGES AND JUDICAL POLITICS

Block and Krattenmeyer. Supreme Court Politics: The Institution and its Procedures
Bowers and Daniels. Hypotheticals: Supreme Court Decision-Making and Constitutional Interpretation
Canon and O'Brien. Views From the Bench: The Judiciary and the Constitution
Clayton and Gillman. Supreme Court Decision-Making: Institutionalist Approaches
Cooper, Philip J. Battles on the Bench: Conflict Inside the Supreme Court
Epstein and Knight. The Choices Justices Make
Gates and Johnston. The American Courts: A Critical Assessment
Goldberg, Louis P. A Review of Lawless Judges
Goldman and Lamb. Judicial Conflict and Consensus: Behavioral Studies of American Appellate Courts
Johnson. Timothy. Oral Arguments and Decision-Making on the United States Supreme Court
Klein, David E. Making Law in the United States Court of Appeals

Maltzman, Forrest. Crafting Law on the Supreme Court: The Collegial Game
Murphy, Epstein, and Pritchett. Courts, Judges and Politics
Murphy Walter F. American Constitutional Interpretation
--------------------- Elements of Judicial Strategy
O'Brien, David M. (ed.) Judges on Judging: Views From the Bench
Peltason, Jack W. Fifty-Eight Lonely Men
Perry, H.W., Jr. Deciding to Decide: Agenda Setting in the United States Supreme Court
Posner, Richard A. The Federal Courts: Challenge and Reform
Richardson and Vines. The Politics of Federal Courts: Lower Courts in the United
States
Rowland and Carp. Politics and Judgment in Federal District Courts
Schubert, Glendon. Judicial Behavior: A Reader in Theory and Research
Segal and Spaeth. Majority Rule or Minority Will: Adherence to Precedence on the US Supreme Court
--------------------- The Supreme Court and the Attitudinal Model Revisited
Stumpf, Harry P. American Judicial Politics
Sunstein Cass. One Case at a Time: Judicial Minimalism on the Supreme Court
White, G. Edward. The American Judicial Tradition: Profiles of Leading American Judges

THE JUSTICES

Ball and Cooper. Of Power and Justice: Hugo Black, William O. Douglas, and America's Constitutional Revolution
Cray, Ed. Chief Justice: The Biography of Earl Warren
Freyer, Tony. Justice Hugo Black and Modern America
Holmes. Oliver W. The Essential Holmes: Selections from the Letters, Speeches, Judicial
Opinions, and Other Writings of Oliver Wendell Holmes, Jr.
Hobson, Charles. The Great Chief Justice: John Marshall and the Rule of Law
Maltz, Earl M. The Chief Justiceship of Warren Burger, 1969-1986
Murphy, Bruce Allen. Wild Bill: The Legend and Life of William O. Douglas
O'Connor, Sandra Day. The Majesty of Justice: Reflections of a Supreme Court Justice
Purcell, Edward A. Brandeis and the Progressive Constitution: Erie, Judicial Power, and the Politics of the Federal Courts in Twentieth Century America