Earl Warren and the Warren Court: The Legacy in American and Foreign Law

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Harry N. Scheiber
Lexington Books, 2007 - Law - 368 pages
Earl Warren and the Warren Court comprises essays written by leading experts from the fields of law, history, and social science on the most important areas of the Warren Court's contributions in American law. In addition, Scheiber includes appraisals of the Warren Court's influence abroad, written by authorities of legal development in Europe, Latin America, Canada, and East Asia. This book offers a unique set of analyses that portray how innovations in American law generated by the Warren Court led to a reconsideration of law and the judicial role--and in many areas of the world, to transformations in judicial procedure and the advancement of substantive human rights. Also explored within these pages are the personal role of Earl Warren in the shaping of "Warren era" law and the ways in which his character and background influenced his role as Chief Justice.
 

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Contents

Venturing onto the Path of Equal Representation The Warren Court and Redistricting
29
The Black Basis of Constitutional Development
49
Race Agency and Equal Protection A Retrospective on the Warren Court
77
How Earl Warrens TwentyTwo Years in Law Enforcement Affected His Work as Chief Justice
91
Corliss Lamont and the Postmaster General A Synecdoche for the First Amendment in the Era of the Warren Court 19531969
113
The Early Hours of the PostWorld War II Model of Constitutional Federalism The Warren Court and the World
137
Process Judicial Style and Strategy
195
The Warren Court and Congress
197
Impact The Legacy in Other Legal Systems
235
The Seduction of Judicially Triggered Social Transformation The Impact of the Warren Court in Latin America
237
The Warren Court in East Asia An Essay in Comparative Law
265
The Impact of the Warren Court in Canada A View from the Trenches
295
Political Hero Legal Dwarf? The Impact of the Warren Court in Europe
309
An American Dilemma and the Scandinavian Dream The Citizen Meets Modernity and the Strong NationStateA Study in Comparative Legal Cultures
333
Earl WarrenA Law Clerks Memory of the Man and The Court
357
Contributors
363

Avoiding Constitutional Questions in the Early Warren Court Judicial Craftsmanship and Statutory Interpretation
209

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Page 8 - In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms. We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority...

About the author (2007)

Harry N. Scheiber is Stefan A. Riesenfeld Professor of Law and History on the Boalt Hall faculty at UC Berkeley.

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