Librarian
The following resources include books that are available in print and electronically. These books focus on the U.S. Supreme Court.
All books in print are available in the BYU Law Library to anyone who wishes to look at them in the library. Most may be checked out to any BYU student or faculty member.
The eBooks are all available electronically to any BYU student or faculty member outside of the library (by using their net IDs and passwords). The eBooks can be accessed by anyone on a BYU Law Library or BYU Lee Library computer.
Monographs
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The U.S. Supreme Court: A Very Short Introduction
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For 30 years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. In this Very Short Introduction, she draws on her deep knowledge of the court's history and of its written and unwritten rules to show readers how the Supreme Court really works. Greenhouse offers a fascinating institutional biography of a place and its people--men and women who exercise great power but whose names and faces are unrecognized by many Americans and whose work often appears cloaked in mystery. How do cases get to the Supreme Court? How do the justices go about deciding them? What special role does the chief justice play? What do the law clerks do? How does the court relate to the other branches of government? Greenhouse answers these questions by depicting the justices as they confront deep constitutional issues or wrestle with the meaning of confusing federal statutes. Throughout, the author examines many individual Supreme Court cases to illustrate points under discussion, ranging from Marbury v. Madison, the seminal case which established judicial review, to the recent District of Columbia v. Heller (2008), which struck down the District of Columbia's gun-control statute and which was, surprisingly, the first time in its history that the Court issued an authoritative interpretation of the Second Amendment. To add perspective, Greenhouse also compares the Court to foreign courts, revealing interesting differences. For instance, no other country in the world has chosen to bestow life tenure on its judges. A superb overview packed with telling details, this volume offers a matchless introduction to one of the pillars of American government.
Call Number: KF 8742 .G744 2012ISBN: 9780199754540Publication Date: 2012 -
The U.S. Supreme Court: A Bibliography
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With some 9,000 citations and listings, this volume covers the history, development and powers of the Court, and the Court's relationship to the federal government, the president, and the states. The first section, divided into 16 subject areas, focuses on the Court; the second contains biographical materials on each of the 104 justices who have served on the Court through 1989. In general, all sources can be found in larger public and academic libraries. The introductory "guide to research" chapter is especially helpful to those undertaking Supreme Court research for the first time.
Call Number: KF 8741 .A1 .M37 1990ISBN: 0871875543Publication Date: 1990 -
Guide to the U.S. Supreme Court
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This brand new edition of Guide to the U.S. Supreme Court reflects the substantial changes in the makeup of the High Court and landmark rulings from recent Court terms. No other reference on the Court offers so much detail and insight in such a readable format. Updated through the 2008–2009 term, this classic resource explains everything readers need to know about the Supreme Court, from its origins and how it functions to the people who have shaped it and the impact of its decisions on American life and the path of U.S. constitutional law.
Call Number: KF 8742 .W567 2010ISBN: 9780872894235Publication Date: 2010 -
Historical Dictionary of the U. S. Supreme Court
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The US Supreme Court is an institution that operates almost totally behind closed doors. This book opens those doors by providing a comprehensive look at the justices, procedures, cases, and issues over the institution s more than 200-year history. The Court is a legal institution born from a highly politicized process. Modern justices time their departures to coincide with favorable administrations and the confirmation process has become a highly-charged political spectacle played out on television and in the national press. Throughout its history, the Court has been at the center of the most important issues facing the nation: federalism, separation of powers, war, slavery, civil rights, and civil liberties. Through it all, the Court has generally, though not always, reflected the broad views of the American people as the justices decide the most vexing issues of the day. The Historical Dictionary of the U.S. Supreme Court covers its history through a chronology, an introductory essay, appendixes, and an extensive bibliography. The dictionary section has over 700 cross-referenced entries on every justice, major case, issue, and process that comprises the Court s work. This book is an excellent access point for students, researchers, and anyone wanting to know more about the Supreme Court.
Call Number: KF 8742 .A35 .W37 2015ISBN: 9780810872486Publication Date: 2015 -
International Law in the U. S. Supreme Court: Continuity and Change
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From its earliest decisions in the 1790s, the US Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.
Call Number: KF 358 .I58 2011ISBN: 9780521119566Publication Date: 2011 -
Federalism as Seen by the U. S. Supreme Court
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Federalism is a form of government possessed and utilized by several countries of the world, including the United States of America. When the Constitution of the newly formed United States was framed in 1787 it provided that it and the laws of the United States which shall be made in pursuance thereof, shall be the supreme Law of the Land. Shortly thereafter, by the Tenth Amendment, it was specified that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Thus the Constitution itself posed for federalism an unanswered question how much power does the federal government the United States have, and how much power remains in the States? The Supreme Court of that country, which initially was the sole tribunal entrusted with its judicial power, over the four centuries during which it has existed wrestled with this seemingly eternal question virtually every day it is in session. It has analyzed, construed and applied the principles of federalism in decisions covering a wide spectrum of specialties. Professor Maloy, in this work, has referred to 500 of those decisions, dealing with thirty-eight specialties, including, but not limited to desegregation, domestic relations, labor relations and taxation. The cases range from the Court s first decision . Georgia v. Brailsford, decided in 1792 to its last decision, to date District of Columbia v. Heller, decided June 26, 2008. While the question how much power does the federal government the United States have, and how much power remains in the States? is not completely answered, as this book reveals, far more is known about American federalism in 2008 than in 1787. American federalism in a vibrant and dynamic country, such as the United States, may never be completely defined, but that is just one of its features which makes it fascinating to legal scholars. About the author: Professor Richard H.W. Maloy holds a Bachelor of Arts degree from Dartmouth College, a Juris Doctor degree from Columbia Law School, and a Master of Laws degree from the University of Miami. During his 34 years of law practice in Miami, Florida he was an Adjunct Professor of Law at the University of Miami and the author of books on appellate practice, pleadings and bankruptcy. For 25 years he continually updated his 14 volume set of Florida Forms of Practice for the law book publisher, Matthew Bender & Co. He has been on the faculty of St. Thomas University School of Law in Miami since 1991, and is a Professor Emeritus at that school, where he teaches Conflict of Laws and Remedies.
Call Number: KF 4600 .M325 2008ISBN: 9781600420573Publication Date: 2008 -
The Politics of Precedent on the U.S. Supreme Court
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The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.
Call Number: KF 8748 .H365 2006ISBN: 9780691123547Publication Date: 2006 -
The U. S. Supreme Court and the Electoral Process
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In recent years, the U.S Supreme Court has made a number of rulings concerned with the constitution; voting and elections, representation and political parties. This book analyzes the major themes raised by the court playing such an influential role in constitutional matters.
Call Number: KF 4886 .A5 .U17 2000ISBN: 9780878408061Publication Date: 2000 -
Landmark Decisions of the U. S. Supreme Court
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Legal drama at its finest, these are unabridged majority decisions from 13 of the most influential Supreme Court cases in United States history: Marbury v. Madison, Dred Scott v. John F. A. Sandford, Brown v. Board of Education, Roe v. Wade, Bush v. Gore, and many others.
Call Number: KF 4549 .L369 2007ISBN: 9780486451411Publication Date: 2006
eBooks
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A Constitutional History of the U. S. Supreme Court
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In A Constitutional History of the U.S. Supreme Court, Richard Regan presents a concise overview and general history for readers and students in constitutional history and politics, one that will also make an excellent fact-filled source book for lawyers and political scientists. The chapters deal with leading decisions of successive courts and begin with brief biographies of the justices on the courts. Famous cases from Marbury v Madison, to the Dred-Scott decision, Brown v Board of Education, Roe v Wade, up to the Roberts court decision on the constitutionality of Obamacare are discussed. Four appendices deal with the text of the Constitution and amendments, the court system, a chronological list of the justices with biographical details, and a chronological list of the membership on successive courts. Regan devotes more attention to later courts, specifically the Rehnquist and Roberts courts. This is done due to the wealth of material that exists on earlier courts, but also because the decisions of the more recent courts concern developing areas of constitutional law. Finally, extensive treatment of the most recent courts gives great insights into the current Supreme Court justices and their jurisprudence. As any follower of the Supreme Court will perceive, many recent cases involve decisions by a sharply divided court and the concurring and dissenting opinion of the justices make for fascinating and oen hard-hitting reading. Regan hopes that an understanding of the individuals who wrote these opinions will help a reader to understand the legal, political and cultural reality of the present-day legal landscape in the United States. This ""just the facts"" approach to the Supreme Court make A Constitutional History of the U.S. Supreme Court a worthy addition to Richard Regan's body of work.
Call Number: KF 8742 .R46 2015ISBN: 9780813227214Publication Date: 2015-04-09 -
The U.S. Supreme Court and New Federalism: From the Rehnquist to the Roberts Court
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Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. Using descriptive and empirical methods in political science and legal scholarship, and informed by diverse approaches to judicial ideology, from historical to new institutionalist, they investigate how the U.S. Supreme Court rulings have shaped the political principle of federalism. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation. In addition, they analyze areas of federalism not normally studied by scholars such as religious liberty and foreign affairs.
Call Number: KF 4600 .B36 2012ISBN: 9781442218581Publication Date: 2012 -
Concurring Opinion Writing on the U.S. Supreme Court
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Analysis of concurrent opinion writing by Supreme Court justices.
Call Number: KF 8742 .C67 2010ISBN: 9781438430676Publication Date: 2010 -
Institutional Games and the U. S. Supreme Court
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Over the course of the past decade, the behavioral analysis of decisions by the Supreme Court has turned to game theory to gain new insights into this important institution in American politics. Game theory highlights the role of strategic interactions between the Court and other institutions in the decisions the Court makes as well as in the relations among the justices as they make their decisions. Rather than assume that the justices' votes reveal their sincere preferences, students of law and politics have come to examine how the strategic concerns of the justices lead to "sophisticated" behavior as they seek to maximize achievement of their goals when faced with constraints on their ability to do so. In Institutional Games and the U.S. Supreme Court, James Rogers, Roy Flemming, and Jon Bond gather various essays that use game theory to explain the Supreme Court's interactions with Congress, the states, and the lower courts. Offering new ways of understanding the complexity and consequences of these interactions, the volume joins a growing body of work that considers these influential interactions among various branches of the U.S. government. Contributors: Kenneth A. Shepsle, Andrew De Martin, James R. Rogers, Christopher Zorn, Georg Vanberg, Cliff Carrubba, Thomas Hammond, Christopher Bonneau, Reginald Sheehan, Charles Cameron, Lewis A. Kornhauser, Ethan Bueno de Mesquita, Matthew Stephenson, Stefanie A. Lindquist, Susan D. Haire, Lawrence Baum
Call Number: KF 8742 .A5 .I57 2006ISBN: 9780813925271Publication Date: 2006 -
Strategic Behavior and Policy Choice on the U.S. Supreme Court
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Despite several decades of research on Supreme Court decision-making by specialists in judicial politics, there is no good answer to a key question: if each justice's behavior on the Court were motivated solely by some kind of "liberal" or "conservative" ideology, what patterns should be expected in the Court's decision-making practices and in the Court's final decisions? It is only when these patterns are identified in advance that political scientists will be able to empirically evaluate theories which assert that the justices' behavior is motivated by the pursuit of their personal policy preferences. This book provides the first comprehensive and integrated model of how strategically rational Supreme Court justices should be expected to behave in all five stages of the Court's decision-making process. The authors' primary focus is on how each justice's wish to gain as desirable a final opinion as possible will affect his or her behavior at each stage of the decision-making process.
Call Number: KF 8742 .H36 2005ISBN: 9780804751452Publication Date: 2005
