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An important contribution to constitutional literature, this collection of ten unpublished decisions by the Warren Court puts the decision making process of the Supreme Court in a new light. By following the major changes that occur in each case from the circulation of tentative majority opinions to the final issuance of opinion, the book portrays how the justices communicate with each other and how they are influenced by each other's arguments. Interpretations and commentaries by the author illuminate the significance of each case and provide insight into the different judicial philosophies and personal styles of the justices. This book will be of substantial value to law schools, law libraries, bar associations, and lawyers practicing in the field of constitutional law.

Tabla de contenidos provista por Syndetics

• Introduction: The Warren Court and Its Members(p. 3)
• 1. Alton v. Alton (1954): Consensual Divorce Manque(p. 22)
• 2. Dayton v. Dulles (1958): "Faceless Informers" and Due Process(p. 45)
• 3. Perez v. Brownell and Trop v. Dulles (1958): Expatriation and Congressional Power(p. 77)
• 4. Kennedy v. Mendoza-Martinez (1963): Expatriation as Punishment(p. 109)
• 5. Bell v. Maryland (1964): Civil Rights versus Property Rights(p. 143)
• 6. Estes v. Texas (1965): Television in the Courtroom(p. 191)
• 7. Griswold v. Connecticut (1965): Penumbras and Privacy(p. 227)
• 8. Time, Inc. v. Hill (1967): Privacy Suits and the First Amendment(p. 240)
• 9. Shapiro v. Thompson (1969): Rational Basis, Compelling Interest, and Fundamental Rights(p. 304)
• 10. Maxwell v. Bishop (1969): The Death Penalty in the Warren Court(p. 394)
• 11. Brown v. Board of Education (1954, 1955): The Drafting Process in a Landmark Case(p. 445)

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CHOICE Review

Schwartz has unearthed unpublished (and, in some cases, previously undiscovered) drafts of opinions prepared by members of the Warren Court between 1954 and 1969. This fascinating book consists of facsimile reproduction (in most cases) of the new documents, preceded by an introduction explaining their provenance and followed by the editor's account of the actual outcome of the case. Eleven cases are discussed. In several, the unpublished opinions were intended to be majority opinions before shifts within the Court transformed them into dissents or concurrences. In others, the rationale for the decision itself changed, with important implications for the legal principle finally established. Readers of this volume will gain important insights into the process of negotiation that produces constitutional opinions, a process ordinarily entirely hidden from even the scholarly public. The most important documents are those prepared by Chief Justice Warren himself in Brown vs. the Board of Education, the case ending segregation in the nation's schools. They demonstrate Warren's control over the process, the amazing congruence between his first draft and the final opinion, and the provenance of two important passages in the final opinion, which were actually the work of his clerks. The facsimile reproductions add drama to this remarkable and beautifully written book. College, university, and public libraries.-S.N. Katz, Princeton University

Notas de autor provistas por Syndetics

Bernard Schwartz is at University of Tulsa.