Sorcerers Apprentices

Author: Artemus Ward
Publisher: NYU Press
ISBN: 9780814794203
Release Date: 2007-01-01
Genre: Law

"Ward and Weiden have produced that rare book that is both a meticulous piece of scholarship and a good read. The authors have . . . sifted through a varied and voluminous amount of archival material, winnowing out the chaff and leaving the excellent wheat for our consumption. They marry this extensive archival research with original survey data, using both to great effect." --Law and Politics Book Review"Helps illuminate the inner workings of an institution that is still largely shrouded in mystery." --The Wall Street Journal Online"The main quibble . . . with contemporary law clerks is that they wield too much influence over their justices' opinion-writing. Artemus and Weiden broaden this concern to the clerks' influence on the thinking of the justices about how to decide cases." --Slate.comProvides excellent insight into the inner workings of the Supreme Court, how it selects cases for review, what pressures are brought to bear on the justices, and how the final opinions are produced. Recommended for all academic libraries. --Library JournalArtemus Ward and David L. Weiden argue that the clerks have more power than they used to have, and probably more power than they should. --Washington PostThe book contains a wealth of historical information. . . . A reader can learn a lot from this pioneering study. --Cleveland Plain DealerMeticulous in scholarship. . . . Sorcerers' Apprentices presents convincing statistical evidence that the aggregate time that law clerks spend on certiorari memos has fallen considerably because of the reduction in the number of memos written by each clerk. --Judge Richard A. Posner in The New RepublicBased on judicial working papers and extensive interviews, the authors have compiled the most complete picture to dat

Sorcerers Apprentices

Author: Artemus Ward
Publisher: NYU Press
ISBN: 0814794742
Release Date: 2006-04-01
Genre: Law

Law clerks have been a permanent fixture in the halls of the United States Supreme Court from its founding, but the relationship between clerks and their justices has generally been cloaked in secrecy. While the role of the justice is both public and formal, particularly in terms of the decisions a justice makes and the power that he or she can wield in the American political system, the clerk has historically operated behind closed doors. Do clerks make actual decisions that they impart to justices, or are they only research assistants that carry out the instructions of the decision makers—the justices? Based on Supreme Court archives, the personal papers of justices and other figures at the Supreme Court, and interviews and written surveys with 150 former clerks, Sorcerers’ Apprentices is a rare behind-the-scenes look at the life of a law clerk, and how it has evolved since its nineteenth-century beginnings. Artemus Ward and David L. Weiden reveal that throughout history, clerks have not only written briefs, but made significant decisions about cases that are often unseen by those outside of justices' chambers. Should clerks have this power, they ask, and, equally important, what does this tell us about the relationship between the Supreme Court’s accountability to and relationship with the American public? Sorcerers’ Apprentices not only sheds light on the little-known role of the clerk but offers provocative suggestions for reforming the institution of the Supreme Court clerk. Anyone that has worked as a law clerk, is considering clerking, or is interested in learning about what happens in the chambers of Supreme Court justices will want to read this engaging and comprehensive examination of how the role of the law clerk has evolved over its long history.

Sorcerers Apprentices

Author: Artemus Ward
Publisher: NYU Press
ISBN: 9780814794043
Release Date: 2006-04-01
Genre: History

Law clerks have been a permanent fixture in the halls of the United States Supreme Court from its founding, but the relationship between clerks and their justices has generally been cloaked in secrecy. While the role of the justice is both public and formal, particularly in terms of the decisions a justice makes and the power that he or she can wield in the American political system, the clerk has historically operated behind closed doors. Do clerks make actual decisions that they impart to justices, or are they only research assistants that carry out the instructions of the decision makers—the justices? Based on Supreme Court archives, the personal papers of justices and other figures at the Supreme Court, and interviews and written surveys with 150 former clerks, Sorcerers’ Apprentices is a rare behind-the-scenes look at the life of a law clerk, and how it has evolved since its nineteenth-century beginnings. Artemus Ward and David L. Weiden reveal that throughout history, clerks have not only written briefs, but made significant decisions about cases that are often unseen by those outside of justices' chambers. Should clerks have this power, they ask, and, equally important, what does this tell us about the relationship between the Supreme Court’s accountability to and relationship with the American public? Sorcerers’ Apprentices not only sheds light on the little-known role of the clerk but offers provocative suggestions for reforming the institution of the Supreme Court clerk. Anyone that has worked as a law clerk, is considering clerking, or is interested in learning about what happens in the chambers of Supreme Court justices will want to read this engaging and comprehensive examination of how the role of the law clerk has evolved over its long history.

Courtiers of the Marble Palace

Author: Todd C. Peppers
Publisher: Stanford University Press
ISBN: 0804753822
Release Date: 2006
Genre: Law

Courtiers of the Marble Palace explores how law clerks are hired and utilized by United States Supreme Court justices.

In Chambers

Author: Todd C. Peppers
Publisher: University of Virginia Press
ISBN: 9780813932651
Release Date: 2012
Genre: Biography & Autobiography

Written by former law clerks, legal scholars, biographers, historians, and political scientists, the essays in In Chambers tell the fascinating story of clerking at the Supreme Court. In addition to reflecting the personal experiences of the law clerks with their justices, the essays reveal how clerks are chosen, what tasks are assigned to them, and how the institution of clerking has evolved over time, from the first clerks in the late 1800s to the clerks of Justice Ruth Bader Ginsburg and Chief Justice William Rehnquist. In Chambers offers a variety of perspectives on the unique experience of Supreme Court clerks. Former law clerks—including Alan M. Dershowitz, Charles A. Reich, and J. Harvie Wilkinson III—write about their own clerkships, painting vivid and detailed pictures of their relationships with the justices, while other authors write about the various clerkships for a single justice, putting a justice's practice into a broader context. The book also includes essays about the first African American and first woman to hold clerkships. Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.

The Supreme Court Sourcebook

Author: Richard H. Seamon
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454838685
Release Date: 2013-05-14
Genre: Law

The Supreme Court Sourcebook provides carefully selected, edited, and analyzed materials on the Court, including academic literature, historical materials, internal court documents, Court filings, and judicial opinions. The flexible organization suits a variety of courses. An online component keeps the book current and interesting, with ready-to-use materials in pending cases for advocacy and opinion-writing simulations. The combined package gives professors a turnkey solution for teaching a theoretical course (examination of the Supreme Court as an institution), a hands-on course (simulations of oral argument and opinion writing in pending cases), or any custom combination in between. All of the authors have significant Supreme Court experience: Seamon served with now Chief Justice John Roberts in the Office of the U.S. Solicitor General, representing the U.S. in cases before the Court; Siegel clerked for Justice John Paul Stevens; Thai clerked for Justice John Paul Stevens and Justice Byron R. White; and Watts clerked for Justice John Paul Stevens. Features: carefully selected, edited, and analyzed materials academic literature historical materials judicial opinions litigation papers internal court documents online component keeps the book current and interesting supplies ready-to-use packages of materials uses pending cases for advocacy and opinion-writing simulations flexible organization provides a turnkey solution for a variety of courses a theoretical course (examination of the Supreme Court as an institution) a hands-on course (simulations of oral argument and opinion writing in pending cases) any custom combination vast author experience working for and appearing before the Supreme Court Seamon served with now Chief Justice John Roberts in the Office of the U.S. Solicitor General, representing the U.S. in cases before the Court Siegel clerked for Justice John Paul Stevens Thai clerked for Justice John Paul Stevens and Justice Byron R. White Watts clerked for Justice John Paul Stevens

In Chambers

Author: Todd C. Peppers
Publisher: University of Virginia Press
ISBN: 9780813932651
Release Date: 2012
Genre: Biography & Autobiography

Written by former law clerks, legal scholars, biographers, historians, and political scientists, the essays in In Chambers tell the fascinating story of clerking at the Supreme Court. In addition to reflecting the personal experiences of the law clerks with their justices, the essays reveal how clerks are chosen, what tasks are assigned to them, and how the institution of clerking has evolved over time, from the first clerks in the late 1800s to the clerks of Justice Ruth Bader Ginsburg and Chief Justice William Rehnquist. In Chambers offers a variety of perspectives on the unique experience of Supreme Court clerks. Former law clerks—including Alan M. Dershowitz, Charles A. Reich, and J. Harvie Wilkinson III—write about their own clerkships, painting vivid and detailed pictures of their relationships with the justices, while other authors write about the various clerkships for a single justice, putting a justice's practice into a broader context. The book also includes essays about the first African American and first woman to hold clerkships. Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.

The Oxford Handbook of U S Judicial Behavior

Author: Lee Epstein
Publisher: Oxford University Press
ISBN: 9780199579891
Release Date: 2017-06-08
Genre: Political Science

The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics George C. Edwards III.

Of Courtiers and Kings

Author: Clare Cushman
Publisher: University of Virginia Press
ISBN: 9780813937274
Release Date: 2015-12-03
Genre: Law

Supreme Court justices have long relied on law clerks to help process the work of the Court. Yet few outside the Court are privy to the behind-the-scenes bonds that form between justices and their clerks. In Of Courtiers and Kings, Todd C. Peppers and Clare Cushman offer an intimate new look at the personal and professional relationships of law clerks with their justices. Going beyond the book’s widely acclaimed predecessor, I n Chambers, the vignettes collected here range from reflections on how serving as clerks at the Supreme Court impacted the careers of such justices as Stephen Breyer, Elena Kagan, William Rehnquist, John G. Roberts Jr., and John Paul Stevens to personal recollections written by parents and children who have both served as Supreme Court clerks. While individual essays often focus on a single justice and his or her corps of clerks—including how that justice selected and utilized the clerks—taken as a whole the volume provides a macro-level view of the evolution of the role of the Supreme Court law clerk. Drawing on a rich repository of such anecdotes, insights, and experience, the volume relates in a clear and accessible style how the clerking function has changed over time and what it is like for law clerks to be witnesses to history. Offering a rare glimpse into a normally unseen world, Of Courtiers and Kings reveals the Court’s increasing reliance on law clerks and raises important questions about the selection, utilization, and influence of law clerks. Praise for In Chambers: "An excellent book.... It's interesting for many different reasons, not the least of which as a reminder of how much of a bastion of elitism the Court has always been."—Atlantic Monthly "The best parts of the book are the behind-the-scenes descriptions of life at the court.... [A]n impressive and comprehensive book."—Associated Press

The Brethren

Author: Bob Woodward
Publisher: Simon and Schuster
ISBN: 9781439126349
Release Date: 2011-05-31
Genre: Political Science

The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.

Final Judgment

Author: Alan Paterson
Publisher: Bloomsbury Publishing
ISBN: 9781782252788
Release Date: 2013-11-20
Genre: Law

The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before...The remarkable width and depth of his examination...has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court

Mighty Judgment

Author: Philip Slayton
Publisher: Penguin Canada
ISBN: 9780143180517
Release Date: 2011-04-12
Genre: Political Science

In Mighty Judgment Philip Slayton describes the important issues the Supreme Court decides for individual Canadians and for Canada as a nation, and the surprising and dramatic ways in which these decisions shape our future. In the Morgentaler case (1988), the court struck down laws restricting abortion, leaving Canada the only Western country without any abortion laws. In the Same-Sex Marriage Reference (2004), it decided that gays and lesbians could marry. In the Secession Reference (1998), it laid down the conditions under which Quebec could secede from Canada. In the Patrick case (2009), the court decided that the right of privacy does not stop the police from rifling through our garbage. More recently, the court administered a tongue-lashing to the federal government over its treatment of Canadian youth Omar Khadr, accused by the United States government of fighting with the Taliban. Mighty Judgment makes clear that the Supreme Court of Canada is a political institution, and that judges are politicians. But unlike other politicians, judges cannot be voted out of office. Slayton discusses reforms that will be needed, particularly in the way judges are chosen, once we recognize that the court decides policy and plays a pivotal role in governing Canada.

Closed chambers

Author: Edward Lazarus
Publisher: Penguin Group USA
ISBN: UOM:39015064754958
Release Date: 2005-04-26
Genre: History

A former Supreme Court clerk reveals the judicial institution's inner workings and decision making processes, offering a detailed portrait of justice corrupted by politics and unduly influenced by the power of personality.

Popular Justice

Author: Jeff Yates
Publisher: SUNY Press
ISBN: 9780791488270
Release Date: 2012-02-01
Genre: Political Science

Explores the interaction between the presidency and the U.S. Supreme Court.