A Year at the Supreme Court
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Edited by:
Neal Devins
, Davison M. Douglas and Mark A. Graber
About this book
Some essays consider the role of “swing” Justices Sandra Day O’Connor and Anthony Kennedy within a Court that divides 5–4 more than any other group of Justices in the nation’s history. Others examine the political reaction to and legal context of the Court’s Lawrence v. Texas decision declaring a Texas law criminalizing homosexual sodomy unconstitutional. Contributors analyze the Court’s rulings on affirmative action and reassess its commitment to states’ rights. Considering the Court’s practices, one advocate explores the use and utility of amicus curiae, or “friend of the court” briefs, while another reflects on indications of an increased openness by the Court to public scrutiny. Two advocates who argued cases before the Court—one related to hate speech and the other to a “three strikes and you’re out” criminal statute—offer vivid accounts of their experiences. Intended for general readers, A Year at the Supreme Court is for all those who want to understand the Rehnquist Court and its momentous 2002–03 term.
Contributors
Erwin Chemerinsky
Neal Devins
Davison M. Douglas
David J. Garrow
Dahlia Lithwick
Tony Mauro
Carter Phillips
Ramesh Ponnuru
Jeffrey Rosen
David G. Savage
Rodney A. Smolla
Stuart Taylor Jr.
Author / Editor information
Neal Devins is Goodrich Professor of Law and Director of the Institute of Bill of Rights Law at the William and Mary School of Law. He is also Professor of Government at the College of William and Mary. His most recent books include The Democratic Constitution and Political Dynamics of Constitutional Law (4th edition), both coauthored with Louis Fisher.
Davison M. Douglas is the Arthur B. Hanson Professor of Law at the William and Mary School of Law, where he is former Director of the Institute of Bill of Rights Law. He is the author of Reading, Writing, and Race: The Desegregation of the Charlotte Schools.
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Frontmatter
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Contents
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Acknowledgments
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The Justices of the Supreme Court of the United States, 2002–03
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Introduction
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ONE A High Court of One: The Role of the ‘‘Swing Voter’’ in the 2002 Term
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TWO Anthony M. Kennedy and the Road Not Taken
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THREE A Revolutionary Year: Judicial Assertiveness and Gay Rights
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FOUR The Next Culture War
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FIVE The Affirmative Action Decisions
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SIX Was Affirmative Action Saved by Its Friends?
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SEVEN The Court’s Faux Federalism
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EIGHT Cross Burning: Virginia v. Black
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NINE Cruel and Unusual: Lockyer v. Andrade
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TEN Glasnost at the Supreme Court
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Notes
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Table of Cases
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Index
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Notes on the Contributors
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