Georgia Law - Alexander Campbell King Law Library

Featured Acquisitions - March 2007

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Recent Acquisitions in Selected Subject Areas


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The Rehnquist Court:  Understanding Its Impact and Legacy  by David L. Hudson Jr.
Westport, Conn. : Praeger Publishers, 2007
KF8742 .H78 2007 Balcony

For nearly 20 years, William Hubbs Rehnquist served as the 16th Chief Justice of the United States Supreme Court. During these two decades, the Court issued major decisions involving federalism, abortion, affirmative action, civil rights, privacy, and the 2000 presidential election. Throughout his tenure, Justice Rehnquist was conventionally perceived as a conservative, partly for the anti-civil rights memos he had written earlier in his career. He became a lightning rod for controversy during his confirmation hearings for Associate Justice in 1972, and again in 1986 when he became Chief Justice. Hudson's balanced, nonpartisan examination of the Rehnquist Court and its personalities shows that, surprisingly, Rehnquist's conservatism is quite mild compared to that of the "ideological purity" of Justices Clarence Thomas and Antonin Scalia, and that Rehnquist did an admirable job of playing moderator as Chief Justice, exhibiting sensitivity toward his colleagues.
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The Judges:  A Penetrating Exploration of American Courts and of the New Decisions -- Hard Decisions -- They Must Make for a New Millennium  by Martin Mayer
New York : Truman Talley Books/St. Martin's Press, 2007
KF8700 .M354 2006 Balcony


Our courts, the third branch of the government, are central in the administration of our democracy. But their operations are shrouded in a mythology with its ritual incantations of "rule of law," "equal justice" and "presumption of innocence”--one that this book pierces.

 We have 30,000 judges. Many are hard-working and distinguished jurists; most are simply lawyers who knew a politician.  It does not help that the job pays poorly. We have no judicial profession: we do not train judges before or after they mount the bench.

There is no national court system. Fifty sovereign states, a federal government, counties and municipalities and state and federal agencies all have their own courts, their own rules and not infrequently their own laws and are deluged with cases filed by a million lawyers. Today, less than 3% of criminal charges and 4% of civil disputes are resolved by court trials.

The noted author argues that a specialized world demands specialized courts and judges expert in the subjects they must consider. Following the leadership of Chief Judge Judith Kaye of New York's highest court, the Conference of Chief Justices from all fifty states has endorsed her use of "problem-solving courts" to take the judiciary into the twenty-first century. 

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The War on Privacy by Jacqueline Klosek
Westport, Conn. : Praeger Publishers, 2007
K3263 .K56 2007
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In today's globalized society, the war on terror has negatively affected privacy rights not just in the United States, but everywhere. When privacy rights are curtailed around the world, American efforts to spread freedom and democracy are hindered, and as a consequence, Americans are less secure in the world. Ironically, the erosion of individual privacy rights, here and abroad, has been happening in the name of enhancing national security. This book sheds light on this apparent contradiction, and argues that governments must do more to preserve privacy rights while endeavoring to protect their citizens against future terrorist attacks.

It is easy to forget that prior to 9/11, privacy rights were on the march. Plans were in the works, in the areas of legislation and regulation, to protect personal privacy from both governmental intrusion and corporate penetration. The need for such protections arose from the swift advances in information technology of the 1990s. But the attacks of 9/11, and the responses of governments to this new level of the terrorist threat, put an end to all that. Not only is privacy no longer emphasized in legislation, it is being eroded steadily, raising significant questions about the handling of personal information, surveillance, and other invasions into the private lives of ordinary citizens.

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God in the Classroom:  Religion and America's Public Schools by R. Murray Thomas
Westport, Conn. : Praeger, 2007
KF4162 .T44 2007
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Conflicts over the proper role of religion in schools-and particularly in public schools supported by tax monies-are frequently featured in news reports. For example, in the United States there currently are conflicts over the teaching of evolution, inserting the word God in the pledge of allegiance, conducting school holiday celebrations, posting the biblical Ten Commandments in schools, and praying at school functions. People who are interested in such controversies often-or, perhaps, usually-fail to understand the historical backgrounds to the conflicts and therefore do not recognize the very complex factors that affect why the controversies become so heated. To help readers gain a better understanding of such matters, this book focuses on the seven major types of conflicts that have become particularly confrontational during the first decade of the twenty-first century.


The cases on which the chapters focus concern issues that currently are being hotly debated in America. Controversies are described in relation to their historical origins and the author shows how the history affects current understanding of the issues. Thomas does not take sides in the arguments; rather, he lays out the arguments, their historical and cultural contexts, and the groups that debate them and their goals. Anyone wishing to gain a better understanding of the controversies surrounding religion in American schools will be happy to find here not just a review of the issues, but a deeper consideration of the causes, consequences, and future of the debates and the role of religion in our public schools.

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Terror in the Balance:  Security, Liberty, and the Courts by Eric A. Posner and Adrian Vermeule
Oxford ; New York : Oxford University Press, 2007
KF5060 .P67 2007 Balcony


In Terror in the Balance , Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

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Courting the Media:  Public Relations for the Accused and the Accuser by Margaret A. Mackenzie
Westport, Conn. : Praeger Publishers, 2007
KF390.5.P8 M33 2007
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Media relations are not just for the rich and famous. Mackenzie takes readers behind the scenes of high-profile cases in which men, women, and even children were thrust into the spotlight--many because they were victims of unwarranted prosecution by the justice system and inaccurate depiction by the press. With media-savvy guidance from Mackenzie, these people and their lawyers successfully challenged the prejudiced portraits that police and prosecutors tried to present. In this book, Mackenzie also weighs in on celebrity cases, analyzing how they and their lawyers used the media to their advantage, or how they failed to do so. Mackenzie is a consummate expert in the use of media relations in the court of law. Her conviction that a right to demand a fair portrayal by the press must not be reserved for the prosecution or the wealthy has propelled her career as she has fought for the falsely accused, the unjustly portrayed, and their families.


The media coverage of suspects or defendants by CNN, the nightly news, the New York Times, or the local paper affects the court of public opinion, even before their trials, and is often as important as what happens in front of a judge or jury. Private industry and corporations have long used media consultants. Prosecutors have public information officers to advise their lawyers. To level the playing field, all lawyers need to be ready to represent their clients before the media as well as the jury. Not only can this be done ethically, but as Mackenzie shows in this book, given what defendants are up against today, it may be unethical to ignore the media when the other side is using every possible opportunity to advance their portrayal of the accused or the victim.

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Modern Liberty and the Limits of Government  by Charles Fried
New York : W.W. Norton & Co., c2007
JC585 .F7575 2007 Basement


How has the modern welfare state redefined our notion of individual liberty? Are we free to express ourselves in speech, at work, or through sex? Arguing that equality is often the most potent rival of liberty, Charles Fried demonstrates how the dense tangle of government regulations both supports and threatens our personal freedoms. Richly illustrated with examples from contemporary life, Modern Liberty is vividly relevant to the experiences and needs of everyday Americans. This is Hayek’s The Road to Serfdom updated for a time when we have put fascist and Marxist tyranny firmly behind us but still confront kinder, gentler threats to our liberty. Armed with Fried’s insights, readers will be better able to defend themselves against those on both the left and the right who would limit their liberty to promote virtue, equality, or the greatness of the nation. Modern Liberty has profound implications for the societies in which we live now.


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The Lie Detectors: The History of an American Obsession by Ken Alder
New York : Free Press, c2007
HV8078 .A53 2007
Basement

The story of the lie detector takes us straight into the dark recesses of the American soul. It also leads us on a noir journey through some of the most storied episodes in American history. That is because the device we take for granted as an indicator of guilt or innocence actually tells us more about our beliefs than about our deeds. The machine does not measure deception so much as feelings of guilt or shame. As Ken Alder reveals in his fascinating and disturbing account, the history of the lie detector exposes fundamental truths about our culture: why we long to know the secret thoughts of our fellow citizens; why we believe in popular science; and why America embraced the culture of "truthiness."

For centuries, people searched in vain for a way to unmask liars, seeking clues in blushing cheeks, shifty eyes, and curling toes...all the body's outward signs. But not until the 1920s did a cop with a Ph.D. team up with an entrepreneurial high school student from Berkeley, California and claim to have invented a foolproof machine that peered directly into the human heart. In a few short years their polygraph had transformed police work, seized headlines, solved sensational murders, and enthralled the nation. In Chicago, the capital of American vice, the two men wielded their device to clean up corruption, reform the police, and probe the minds of infamous killers. Before long the lie detector had become the nation's "mechanical conscience," searching for honesty on Main Street, in Hollywood, and even within Washington, D.C. Husbands and wives tested each other's fidelity. Corporations tested their employees' honesty. Movie studios and advertisers tested their audiences' responses. Eventually, thousands of government employees were tested for their loyalty and "morals" -- for lack of which many lost their jobs.

Yet the machine was flawed. It often was used to accuse the wrong person. It could easily be beaten by those who knew how. Repeatedly it has been applied as an instrument of psychological torture, with the goal of extracting confessions. And its creators paid a commensurate price. One went mad trying to destroy the Frankenstein's monster he had created. The other became consumed by mistrust: jealous of his cheating wife, contemptuous of his former mentor, and driven to an early death. The only happy man among the machine's champions was the eccentric psychologist who went on to achieve glory as the creator of Wonder Woman.

Yet this deceptive device took America -- and only America -- by storm. Today, the CIA still administers polygraphs to its employees. Accused celebrities loudly trumpet its clean bill of truth. And the U.S. government, as part of its new "war on terror," is currently exploring forms of lie detection that reach directly into the brain. Apparently, America still dreams of a technology that will render human beings transparent.


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Human Rights and Conflict:  Exploring the Links between Rights, Law, and Peacebuilding  edited by Julie A. Mertus and Jeffrey W. Helsing
Washington, D.C. : United States Institute of Peace Press, 2006
JC571 .C687 2006 Basement

The relationship between human rights and conflict is dynamic, complex, and powerful, constantly shaping and reshaping the course of both peace and war. Yet, despite its importance, our understanding of this relationship has long been fragmentary, chiefly because three different schools of thought—human rights, conflict resolution, and international law—have offered three different and often contradictory perspectives.

This much-needed volume brings these perspectives together to create a composite picture of the relationship between human rights and conflict. The book’s distinguished contributors do not disguise the differences among them—indeed, some chapters are followed by commentaries offering an alternative view of the same subject—but they also explore the numerous ways in which human rights advocates, negotiators, peacebuilders, and relief agencies can advance and reinforce each other’s work.

Human Rights and Conflict is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle. From human rights abuses that precipitate violence, through third-party interventions and humanitarian relief efforts, to the negotiation of peace agreements and the building of peace, the volume lays out the actors and issues involved and analyzes the attendant dynamics and dilemmas.
Comprehensive, authoritative, and highly readable, this volume is an invaluable resource for professors and their students. With its cutting-edge analyses and timely coverage (of Iraq and counterterrorism measures, for instance), it also offe
rs considerable food for thought for seasoned practitioners and advocates.
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Supreme Conflict:  The Inside Story of the Struggle for Control of the United States Supreme Court  by Jan Crawford Greenburg
New York : Penguin Press, 2007
KF8742 .G74 2007
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Drawing on unprecedented access to the Supreme Court justices and their inner circles, acclaimed ABC News legal correspondent Jan Crawford Greenburg offers an explosive, newsbreaking account of one of the most momentous political watersheds in recent American history.

Over the past decade, the central front of America's bitter culture wars has been the titanic battle over the composition and direction of the United States Supreme Court. During that period, no journalist has been closer to the action on the ground-the ideas, the politics, the personalities, the gamesmanship-than ABC News correspondent Jan Crawford Greenburg. Now, in Supreme Conflict, Greenburg draws on all of her formidable reportorial resources to give a brilliant, vivid, astonishingly unvarnished account of the struggle for the soul of the highest court in the land.

Greenburg picks up the plot with the Rehnquist Court, which, despite having seven Republican nominees, proved deeply disappointing to conservatives hoping to reverse decades of progressive rulings on key social issues. She reveals for the first time the real story behind a series of failed Republican nominations that enraged the American conservative movement and left it seething with frustration and resolve not to squander future opportunities. Enter: George W. Bush and the setting of the stage for a full-blown conservative counterrevolution. Supreme Conflict contains entirely fresh perspectives across the entire sweep of its story, from the conservative movement's early fumbles with the nominations of justices Anthony Kennedy and David Souter to its crowning successes with the appointments of justices Roberts and Alito. The book breaks news in its revelations about the effect of Chief Justice Rehnquist's illness on the process; on the truth behind Harriet Miers's disastrous nomination and how it was really scuttled; and on how decades of bruising battles led to the triumph of the conservative agenda with the appointment of two of its leading judicial exponents. Through the entire dramatic story, rich in character and conflict, Greenburg never loses sight of the gargantuan stakes in this struggle, the opposing ideological agendas at play.

The story Jan Crawford Greenburg tells is that of the fulcrum event of our time, the massive coordinated campaign to move the Supreme Court in a very different direction, to a more limited and restrictive role in American government. A masterpiece of old-fashioned gumshoe reportage, rich storytelling, and penetrating analysis, Supreme Conflict will be the definitive account of the most consequential shift in the use of American judicial power in almost one hundred years.

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The Trials of Abu Ghraib:  An Expert Witness Account of Shame and Honor  by S.F. Mestrovic
Boulder, Colo. : Paradigm Publishers, c2007
KF7641 .M47 2007 Sohn Library


Recent headlines show that the prisoner abuse scandal is still very much an issue. Just this summer, a new trial began for yet another U.S. soldier. The Trials of Abu Ghraib (Paradigm Publishers 2006) by S.G. Mestrovic, an expert witness on three of the convicted soldiers’ courts-martials, reveals surprising new facts about the military scandal that shocked the world and disgraced the United States military.

Mestrovic reveals that the judge, who presided over all the trials, insisted that the Army was not on trial. He added, “I don’t want this long discussion about White House involvement.” He and the Prosecution resolutely kept the U.S. Government reports—which implicate military officials high in the chain of command—out of testimony. They suppressed testimony that the abuse at Abu Ghraib is part of a widespread pattern of abuse that was imported from Guantanamo and made its way to Afghanistan and Iraq.

This book reveals that the military staff lived in cells little better than those of prisoners, in a chaotic environment that spawned abuse of female soldiers as well as detainees. Mestrovic also discusses how women and children were imprisoned at Abu Ghraib alongside the men and many of these prisoners were ordinary Iraqis who had no information to give to interrogators. Soldiers testified that Abu Ghraib was chaotic, filthy, and unsanitary for soldiers and prisoners alike. Despite these conditions of filth, mayhem, and acceptance of violence, the government shifted all criminal blame and responsibility onto the lowest-ranking soldiers who were least able to stop the abuse.

Most importantly, The Trials of Abu Ghraib cites documents that had been suppressed in court, yet later leaked to Mestrovic by military personnel. These papers, quoted and discussed in the book, prove that the abuse at Abu Ghraib was part of a widespread and systematic pattern, and while the convicted soldiers were undoubtedly guilty of abuse, there are still high military officials who have yet to be held accountable.

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Calculating Promises:  The Emergence of Modern American Contract Doctrine by Roy Kreitner
Stanford, Calif. : Stanford University Press, 2007
KF801 .K74 2007 Balcony


This book is a history of American contract law around the turn of the twentieth century. It meticulously details shifts in our conception of contract by juxtaposing scholarly accounts of contract with case law, and shows how the cases exhibit conflicts for which scholarship offers just one of many possible answers.

Breaking with conventional wisdom, the author argues that our current understanding of contract is not the outgrowth of gradual refinements of a centuries-old idea. Rather, contract as we now know it was shaped by a revolution in private law undertaken toward the end of the nineteenth century, when legal scholars established calculating promisors as the centerpiece of their notion of contract.

The author maintains that the revolution in contract thinking is best understood in a frame of reference wider than the rules governing the formation and enforcement of contracts. That frame of reference is a cultural negotiation over the nature of the individual subject and the role of the individual in a society undergoing transformation. Areas of central concern include the enforceability of promises to make gifts; the relationship of contracts to speculation and gambling; and the problem of incomplete contracts.
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No Seat at the Table:  How Corporate Governance and Law Keep Women Out of the Boardroom by Douglas M. Branson
New York : New York University Press, c2007
HD6054.4.U6 B73 2007 Basement

Women are completing MBA and Law degrees in record high numbers, but their struggle to attain director positions in corporate America continues. Although explanations for this disconnect abound, neither career counselors nor scholars have paid enough attention to the role that corporate governance plays in maintaining the gender gap in America's executive quarters.

Mining corporate governance models applied at Fortune 500 companies, hundreds of Title VII discrimination cases, and proxy statements, Douglas M. Branson suggests that women have been ill-advised by experts, who tend to teach females how to act like their male, executive counterparts. Instead, women who aspire to the boardroom should focus on the decision-making processes nominating committees—usually dominated by white men—employ when voting on membership.

Filled with real-life cases, No Seat at the Table opens the closed doors of the boardroom and reveals the dynamics of the corporate governance process and the double standards that often characterize it. Based on empirical evidence, Branson concludes that women have to follow different paths than men in order to gain CEO status, and as such, encourages women to make flexible, conscious, and often frequent shifts in their professional behaviors and work ethics as they climb the corporate ladder.


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The Tyranny of Tolerance:  A Sitting Judge Breaks the Code of Silence to Expose the Liberal Judicial Assault by Judge Robert H. Dierker Jr.
New York : Crown Forum, c2006
KF8775 .D54 2006 Balcony

A judge for more than twenty years, Robert Dierker has enjoyed a distinguished legal career. But now that career may be on the line. Why? Because he is breaking the code of silence that has long kept judges from speaking out to present a withering account of how radical liberals run roughshod over the Constitution, waging war on the laws of nature, the laws of reason, and the law of God.

Even those outraged by America’s courts will be shocked by Judge Dierker’s story of activist judges, deep-pocketed special interest groups, pandering politicians, and others who claim to stand for tolerance, equal rights, and social justice, but actually stand for something quite different—something closer to totalitarianism.

Citing not only Judge Dierker’s own experiences but dozens of other recent court cases, The Tyranny of Tolerance shows how the courts enable left-wing activists to ram their dangerous agenda down the throats of the American people.
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Handbook of Intergenerational Justice edited by Joerg Chet Tremmel
Cheltenham, UK ; Northampton, MA : Edward Elgar, c2006
JC578 .H38 2006 Basement


This Handbook provides a detailed overview of various issues related to intergenerational justice. Comprising articles written by a distinguished group of scholars from the international scientific community, the Handbook is divided into two main thematic sections – foundations and definitions of intergenerational justice and institutionalization of intergenerational justice.

The first part clarifies basic terms and traces back the origins of the idea of intergenerational justice. It also focuses on the problem of intergenerational buck-passing in the ecological context; for example in relation to nuclear waste and the greenhouse effect. At the same time, it also sheds light on the relationship between intergenerational justice and economics, addressing issues such as public debt and financial sustainability. The innovative second part of the volume highlights how posterity can be institutionally protected, such as by inserting relevant clauses into national constitutions. Reading this volume is the best way to gain an overall knowledge of intergenerational justice – an extremely salient and topical issue of our time.


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Democracy's Privileged Few:  Legislative Privilege and Democratic Norms in the British and American Constitutions by Josh Chafetz
New Haven : Yale University Press, c2007
K3324 .C47 2007 Balcony


This book is the first to compare the freedoms and protections of members of the United States Congress with those of Britain’s Parliament. Placing legislative privilege in historical context, Josh Chafetz explores how and why legislators in Britain and America have been granted special privileges in five areas: jurisdictional conflicts between the courts and the legislative houses, freedom of speech, freedom from civil arrest, contested elections, and the disciplinary powers of the houses.

Legislative privilege is a crucial component of the relationship between a representative body and the other participants in government, including the people. In recounting and analyzing the remarkable story of how parliamentary government emerged and evolved in Britain and how it crossed the Atlantic, Chafetz illuminates a variety of important constitutional issues, including the separation of powers, the nature of representation, and the difference between written and unwritten constitutionalism.  This book will inspire in readers a much greater appreciation for the rise and triumph of democracy.

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Law and the Sacred  edited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey
Stanford, Calif. : Stanford University Press, 2007
K3280 .L395 2007 Balcony

The specter of the sacred always haunts the law, even in the most resolute of contemporary secular democracies. Indeed, the more one considers the question of the relation between law and the sacred, the more it appears that endless debate over the proper relationship of government to religion is only the most quotidian example of a problematic that lies at the heart of law itself. And currently, as some in the United States grapple with the seeming fragility of secular democracy in the face of threatening religious fundamentalisms, the question has gained a particular urgency.

This book explores questions about the fundamental role of the sacred in the constitution of law, historically and theoretically. It examines contemporary efforts to separate law from the sacred and asks: How did the division of law and sacred come to be, in what ways, and with what effects? In doing so, it highlights the ambivalent place of the sacred in the self-image of modern states and jurisprudence. For if it is the case that, particularly in the developed West, contemporary law posits a fundamental conceptual divide between sacred and secular, it nevertheless remains true that the assertion of that divide has its own history, one that defines Western modernity itself.
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The Supreme Court:  The Personalities and Rivalries that Defined America by Jeffrey Rosen
New York : Times Books, 2007
KF8744 .R67 2007 Balcony


The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal.
In this compelling work of character-driven history, Jeffrey Rosen recounts the history of the Court through the personal and philosophical rivalries on the bench that transformed the law—and by extension, our lives. The story begins with the great Chief Justice John Marshall and President Thomas Jefferson, cousins from the Virginia elite whose differing visions of America set the tone for the Court’s first hundred years. The tale continues after the Civil War with Justices John Marshall Harlan and Oliver Wendell Holmes, who clashed over the limits of majority rule. Rosen then examines the Warren Court era through the lens of the liberal icons Hugo Black and William O. Douglas, for whom personality loomed larger than ideology. He concludes with a pairing from our own era, the conservatives William H. Rehnquist and Antonin Scalia, only one of whom was able to build majorities in support of his views.

Through these four rivalries, Rosen brings to life the perennial conflict that has animated the Court—between those justices guided by strong ideology and those who forge coalitions and adjust to new realities. He illuminates the relationship between judicial temperament and judicial success or failure. The stakes are nothing less than the future of American jurisprudence.

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