Describes landmark free speech decisions of the Supreme Court while highlighting the issues of language, rhetoric, and communication that underlie them.At the intersection of communication and First Amendment law reside two significant questions: What is the speech we ought to protect, and why should we protect it? The 20 scholars of legal communication whose essays are gathered in this volume propose various answers to these questions, but their essays share an ab...

A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

For thirty years, Linda Greenhouse, the Pulitzer Prize-winning author of The U.S. Supreme Court: A Very Short Introduction, chronicled the activities of the justices as the Supreme Court correspondent for the New York Times. In this concise volume, she draws on her deep knowledge of the court's history as well as of its written and unwritten rules to show the reader how the Supreme Court really works.

"Illuminating. . . . [Tribe and Matz] offer well-crafted overviews of key cases decided by the Roberts Court [and] chart the Supreme Court's conservative path." — Chicago TribuneFrom Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for l...

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

The sixth edition of the classic and concise account of the US Supreme Court, its history, and its place in American politics.For more than fifty years, Robert G. McCloskey's classic work on the Supreme Court's role in constructing the US Constitution has introduced generations of students to the workings of our nation's highest court.As in prior editions, McCloskey's original text remains unchanged. In his historical interpretation, he argues that the streng...

New York Times Book Review Editor's ChoiceDrawing on never-before-published original source detail, the epic story of two of the most consequential, and largely forgotten, moments in Supreme Court history.For two hundred years, the constitutionality of capital punishment had been axiomatic. But in 1962, Justice Arthur Goldberg and his clerk Alan Dershowitz dared to suggest otherwise, launching an underfunded band of civil rights attorneys on a quixotic crusade. In ...

What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them.The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues t...

“[Murphy’s] biography of Justice Scalia is patient and thorough, alive both intellectually and morally….Functions as an MRI scan of one of the most influential conservative thinkers of the twentieth century.” (The New York Times): An authoritative, incisive and deeply researched book about of the most controversial Supreme Court justice of our time.Scalia: A Court of One is the compelling story of one of the most polarizing figures to serve on the...

Since 1971, when the Pentagon Papers were leaked to the New York Times and furious debate over First Amendment rights ensued, free-speech cases have emerged in rapid succession. Floyd Abrams has been on the front lines of nearly every one of these major cases, which is also to say that, more than any other person, he has forged this country’s legal understanding of free speech. Litigating everything from national-security and prior-restraint issues to controversies concerning the...

Judges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges—at the risk of intellectual stagnation—to dismiss most academic discourse as opaque and divorced from reality. In Divergent Paths, Richard Posner turns his attention to this widening gap within the legal profession, reflecting on its causes and consequences and asking what can be done to close or...

There are few intellectual movements in modern American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization gradually evolved into the conservative legal establishment, and membership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It claims 40,000 members, including four Supreme Court Justices, dozens of federal judges, and...