By Rodney A. Smolla
The situations heard via the Surpreme court docket are, at first, disputes related to genuine individuals with real tales. The injuries and twists of condition that experience introduced those humans to the final inn of litigation could make for compelling drama. The members to this quantity carry those dramatic tales to existence, utilizing them as a backdrop for the bigger problems with legislations and social coverage that represent the Court’s enterprise: abortion, separation of church and nation, freedom of speech, the correct of privateness, crime, violence, discrimination, and the demise penalty. during those narratives, the authors describe the personalities and jurisprudential leanings of a few of the Justices, explaining how the interaction of those characters and theories concerning the structure engage to persuade the Court’s decisions.
Highly readable and richly informative, this e-book deals an strangely transparent and finished portrait of 1 of the main influential associations in smooth American life.
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Extra info for A Year in the Life of the Supreme Court
Rather than stress abstract legal standards, the Hazen brief attacked Jack Egan's original foundation for the suit: that the interference with Mr. Biggins's pension rights strongly implied that there had been age discrimination. This was a risky approach for Hazen to take. " The Justices aren't trial judges, after all. They usually accept the case record as it is framed by the lower courts. Now the Hazen lawyers were asking, in effect, that the high court start from scratch, assuming that age had nothing to do with what happened in Holyoke.
Concerned about unfairness to employers, some courts had required proof of "egregious" or "outrageous" company behavior. The lower courts justified this seeming disobedience of the Supreme Court's TWA ruling by insisting that the Justices had never commented on the meaning of willfulness in an age discrimination suit based on individual mistreatment. The First Circuit, however, followed the knowledge-or-recklessdisregard standard used in the TWA case, and concluded that Mr. Biggins had met it. "Thomas Hazen testified that he was 'absolutely' aware that age discrimination was illegal," Judge Bownes wrote.
As the chapter by Kay Kindred illustrates, for example, officials in the state of Mississippi for decades acted only most reluctantly to apply and enforce the historic 1954 desegregation decision in Brown v. Board of Education, achieving what many civil rights advocates regarded as virtually no integration of Mississippi's state university system. When the controversy over the desegregation of that system reached the Supreme Court in United States v. Fordice, decided in 1992, the Court in many respects seemed unable to rise to the task, rendering an opinion that was indecisive and ambiguous, and remanding the dispute back to Mississippi, where it was once again placed in that state's political arena.