David M. O'Brien

The title of this update of the 2003 edition derives from Justice Oliver Wendell Holmes' comment that the US Supreme Court is a storm center of political controversy. In a balanced treatment of the Court's power and curbs on its power, O'Brien (government and foreign affairs, U. of Virginia) expands discussion of how changes in the Court's compos

The Supreme Court in American Politics

Storm Center

James MacGregor Burns

Paul C. Light

David B. Magleby

Tom Cronin

J. W. Peltason

Govt by Peop Brief Updated and Pol Sci 1Srch Pk

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 written by David M. O’Brien provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.

Views from the Bench

Judges on Judging

David O'Brien

Peter H. Russell

Professor David M O'Brien

This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.

Critical Perspectives from Around the World

Judicial Independence in the Age of Democracy

Prior to World War II, State Shinto, which was centered on the worship of the emperor and Yasukuni Shrine's cult of war dead, was established in support of the government and militarism. Since the end of the Occupation, Japanese conservatives have sought to restore State Shinto's institutions even as expanded military budgets have placed Japan among the top five countries in defense spending. This timely book focuses on the struggles against government attempts to revive "the emperor system" and Japan's prewar military presence. Organized around case studies and based on extensive interviews, To Dream treats the operations of the Japanese court system thoroughly and uncovers important cases regarding religious liberty that remain little known even among specialists on modern Japanese history and society. It shows that litigation has been brought by pacifists, liberals, and others fiercely opposed to renewed militarism and to governmental support for the symbolism and institutions of State Shinto. Throughout, the author offers important information on the composition of courts involved and the attitudes of specific judges and provides translated texts of significant judicial decisions, in the process dispelling the stereotype of the Japanese as "reluctant litigants."

Religious Freedom and Constitutional Politics in Postwar Japan

To Dream of Dreams

Christopher P Banks

The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O'Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, "Contemporary Controversies over Courts" and "In Comparative Perspective," the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the "hardball politics" of judicial selection, plea bargaining trends, the right to counsel and "pay as you go" justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

Law, Courts, and Judicial Policymaking

The Judicial Process

David M. O'Brien

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