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| 1. Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices by Noah Feldman | |
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(2010-11-08)
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| 2. The Fall of the House of Zeus: The Rise and Ruin of America's Most Powerful Trial Lawyer by Curtis Wilkie | |
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(2010-10-19)
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| 3. Justice Brennan: Liberal Champion by Seth Stern, Stephen Wermiel | |
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list price: $35.00 -- our price: $23.10 (price subject to change: see help) Isbn: 0547149255 Publisher: Houghton Mifflin Harcourt Sales Rank: 4261 Average Customer Review: US | Canada | United Kingdom | Germany | France | Japan |
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Customer review from the Amazon Vine™ Program (What's this?) Few Supreme Court justices have had a greater -- and more controversial impact -- on American history than William J. Brennan. Attacked by his opponents as a judicial activist, the decisions he authored over a thirty-four-year career on the Court expanded the rights of Americans, including those of such disadvantaged groups as minorities, criminal defendants, and the poor. Two decades after his retirement, his jurisprudence endures in helping to define our understanding of American law in many areas. Yet until now, Brennan's life and career has never received the degree of biographical attention such contemporaries as Earl Warren, Thurgood Marshall, and John Marshall Harlan have enjoyed. Seth Stern and Stephen Wermiel go far towards rectifying this deficiency with this book, which offers a searching examination of Brennan's life and career.
There was little in Brennan's early years to suggest the impact his career would have on the country. The son of an Irish immigrant who had made a career in New Jersey politics, Brennan worked hard to obtain an education. Graduation from Harvard Law School led to a job with Newark's preeminent legal firm, followed by wartime service and appointment to the New Jersey state bench. Brennan's background (particularly his Roman Catholicism) and his work in court reform led to his nomination to the Supreme Court by President Eisenhower, where he soon emerged as one of the Court's most prominent liberals in an era characterized by landmark decisions that helped to transform the nation. Though many of these decisions generated a political backlash that shifted the Court to the right and halted further progress, Brennan succeeded in entrenching many of his earlier gains with later decisions that preserved his legacy as a justice. Well written and based on considerable research, Stern and Wermiel's book fills the longstanding need for a good biography of the justice. Their focus is on his tenure on the Court, as they cover the first fifty years of Brennan's life in a mere seventy pages while devoting the next 450 to his time on the Court and his role in the many decisions in which he participated. The authors' explanation of how these developed is one of the great strengths of the book, as they draw upon numerous interviews and Brennan's extensive collection of personal papers to give an insightful account of how these decisions evolved, an account that emphasizes the role of Brennan's political skills in contributing to his success on the Court. The result is a book that will stand for some time as the standard biography of the great liberal justice and the yardstick by which future studies of Brennan will be measured.
Customer review from the Amazon Vine™ Program (What's this?) Seth Stern and Stephen Wermiel provide an excellent (although very pro) biography of Supreme Court Justice William Brennan. Brennan was one of the longest serving justices in modern history celebrating around forty years on the court. He was in the majority opinions more often than most and was a crucial swing player in Supreme Court politics. If you want a real nitty gritty look at the major cases of the modern era from Baker v. Carr to Roe v. Wade you can see Brennan's influence running throughout. He was the whip of Earl Warren within the Supreme Court authoring many opinions that helped to hold together fragile majorities on a variety of issue. You also get a great look at Brennan's personal life from his time at UPenn and Harvard to his brief tenure as a justice for the Supreme Court of New Jersey. His elevation was largely based upon his youth and his religion which satisfied the political needs of Eisenhower. Overall a very interesting book and well worth the read for those interested in Supreme Court history
Customer review from the Amazon Vine™ Program (What's this?) Seth Stern and Stephen Wermiel. Justice Brennan: Liberal Champion. Houghton Mifflin Harcourt. Oct. 4, 2010. 653 + xiv p, 16 p bxw photos, notes, index.
Even conservatives who hated him admit that Justice William J. Brennan Jr. was an exceptionally effective Supreme Court Justice and that the decisions which he shepherded through to a majority vote on the Court still affect how justice is administered in the United States and the protections afforded to us under the civil liberties clauses in the Bill of Rights. In a thirty-four-year tenure on the Court (1956-90), he succeeded in broadening existing rights and creating new ones (especially under the "right to privacy", which he helped craft behind the scenes) for women, including access to abortion, minorities, homosexuals, the poor and the press. In the process, he became not only the most effective liberal justice to serve on the Supreme Court but also the most hated by his opponents. Indeed, the backlash we see now with the Court's "strict constructionists" can be seen in large part as a reaction to the image of an activist court championed by Brennan and his beloved Chief, Chief Justice Earl Warren. This book was delayed so long in appearing -Brennan had granted Wermiel access to his papers but Wermeil put the unfinished notes aside in the late nineties--that other revelations -by Harry Blackmun, Ruth Bader Ginsberg, etc.--have partly superceded it. Nonetheless, this is the most deliberative and the fairest book yet to appear on Brennan and his achievement as a justice. It is especially valuable for the way it shows how Brennan built coalitions on the Court. It was seldom easy to gain the necessary five votes for the same ruling: justices had their own axes to grind and their own perspectives to put forth in concurring or dissenting opinions. The picture Stern and Wermiel paint of Brennan's private behavior and views is intriguing. Brennan, the Court's champion of press rights, loathed reporters and fled from the press. Brennan was deeply uneasy even thinking about pornographic literature but he led the campaign to liberalize laws concerning pornography. Although off and on again in his devotion to the Catholic Church and personally opposed to the very idea of abortion, he defended women's rights to make their own determinations about their bodies. Though a champion of women's rights on the Court, he once announced he would probably retire if a woman justice were appointed to the Court (he changed his mind late in his tenure on the Court, by which time two women justices -Sandra Day O'Connor and Ruth Bader Ginsberg- had been appointed to the bench to sit beside him. And he was late and dilatory in appointing women clerks in his own office, in part, it seems, because he didn't know how he could talk to them. Still, Brennan comes across as a decent man who possessed the uncommon grace to admit his own mistakes and prejudices and even apologize for them. His genuine charm and niceness won over even most of his adversaries on the Court. The one exception was O'Connor, whom he bruised verbally (and unnecessarily) when she was a first-term Justice. She never forgave him this slight and always suspected his motives. It is impossible to say just why the personally conservative New Jersey justice became the admittedly liberal Justice on the Supreme Court: was it his admiration for Earl Warren that led him along, his own self interest (that seems dubious) or a genuine passion for social change and justice for all? We'll probably never know. We certainly won't learn it from the writings and statements Brennan left behind him -he was too private for that and too much of a legal pragmatist to pin his own beliefs down on paper. In at least one area, though, we do know. Late in life, Brennan became absolutely opposed to the death penalty and he restated his objection in every appeal that came before the Court subsequently. The book plods at time, and there are a few passages that clang, but all in all, this is not only a well researched, but a well presented, study of an important American figure. He is, in my mind, one of our heroes.
Customer review from the Amazon Vine™ Program (What's this?) This is a magisterial history of a Supreme Court justice, not so much a biography -- though that it is -- but a story of his times. Indeed, his term spanned the 1950s to 1990, from the Eisenhower years to George H. W. Bush, a tumultuous and important period in the Court in which he had a pivotal role. We see the major cases -- school prayer, free speech, reproductive choice, death penalty -- but we also see how Brennan would defend those cases in later terms, as new colleagues and new Chief Justices came and went.
The author has also provided us with a rare look at the workings of the Court, the behind-the-scenes debates and intrigue, especially on close decisions -- the decision that seemed so decisive in hindsight was often a tossup in the writing, and in the shifting views of the Justices themselves. And the Justices, many of them historic figures, come off the page as vivid and compelling personalities, and this work can provide some surprising insights into their work, not just Brennan's. For all its length, this book still seems a compelling and readable look at a critical branch of U.S. government. Indispensible to those interested in the history of American law, of civil liberties and civil rights, and of American history in general.
Customer review from the Amazon Vine™ Program (What's this?) . . . of one of the most important and influential Supreme Court Justices of the 20th century.
I enjoy reading biography. I especially enjoy reading biographies and autobiographies of 20th century political figures. "Justice Brennan: Liberal Champion" is frankly one of the best critical biographies I have read in a very long time. In the mid/late 1980's, not long before Justice Brennan's retirement, he was approached for permission for a biography. Not only did he consent, he provided access to an incredible amount of personal and legal papers, assuring thereby a thorough completed work. While providing a view of the Justice's entire life, the vast bulk of the book deals with the 34 terms Justice Brennan actually sat on the High Court. Brennan's close collaboration with Chief Justice Warren is recounted, as are the complex relationships Brennan had with many of his fellows, esp. Hugo Black, Felix Frankfurter, Thurgood Marshall, and Harry Blackmun among others. Also portrayed, in detail, was his participation (and consensus building) in Obscenity cases; Civil Rights cases; Affirmative Action cases; and his absolute opposition to the Death Penalty. While certainly a sympathetic biography, "Justice Brennan: Liberal Champion" is not an exercise in hero worship. Character flaws and mistakes in judgment are addressed fairly and honestly, as are the controversies surrounding many of his decisions. I was particularly impressed by the nearly 100 pages of notes, found at the back of the book. A reader, especially an historian like me, cannot fail to be impressed. Who would appreciate this book: 1) Political liberals, who will find in Brennan a champion (just like the book title suggests). 2) Political conservatives, who, while disagreeing with many of Brennan's positions, will find the book to be an interesting and informative read. 3) Lovers of biography, regardless of political belief or affiliation. 4) Serious historians, again, regardless of political belief, who take an interest in the jurisprudence of the second half of the 20th century. All in all, an extremely well-researched, well-written book. I certainly learned quite a bit, and am very glad I invested the time into reading it. Very highly recommended!
Customer review from the Amazon Vine™ Program (What's this?) I greatly enjoyed Stern and Wermiel's biography of Supreme Court Justice William J. Brennan. Justice Brennan's jurisprudence emphasized human dignity. This is a concept not expressly found in the Constitution and it is admittedly difficult to apply. But it was an important concept in a century that saw the rise of totalitarian regimes and bureaucratic power structures in many countries around the world. Stern and Wermiel show how the "human dignity" concept developed over time, and how Brennan was able to build coalitions to achieve the results he wanted in particular cases upholding it.
Brennan was probably one of the greatest politicians who ever sat on the Court. His ability to negotiate a majority in controversial cases was nowhere more evident than in his surprisingly successful rear-guard action against the Court's swing to the right after the 1980 elections. As the authors point out, however, this "bottom-line" approach did not always result in the clearest or most consistent jurisprudence. His opinions could be analytically difficult and his fellow justices sometimes distrusted them because they felt he left rhetorical "time bombs" sitting in them for use in future cases. The authors competently explore the legal implications of Brennan's most famous cases, without becoming bogged down in the analytical details. Supreme Court fans will find plenty of personal tidbits in this book, reminiscent of "The Brethren" but with a more respectful tone. Justice Frankfurter, who started out as a liberal when appointed by President Roosevelt but ended up a rather cranky conservative voice by the time Brennan arrived, supplies some comic relief. (Justice Harlan, who shared Frankfurter's philosophy but not his personality, was referred to as "Frankfurter without mustard.") Brennan's opinions literally made Frankfurter apoplectic. According to the authors, Brennan's early opinion in an apportionment case caused Frankfurter to suffer a stroke! Another interesting fact is that Senator Joseph McCarthy attempted to block Brennan's appointment, even though Brennan was not seen as a consistently liberal voice on the New Jersey Supreme Court before he was appointed to the United States Supreme Court. Brennan also tangled with Warren Burger in private, and he bungled his early overtures to Justice Sandra Day O'Connor. (In spite of his reputation for favoring gender equality, Brennan was uncomfortable with women as attorneys and judges and took an unconscionably long time to hire a female law clerk.) Brennan's private life is explored in a frank but respectful manner. His secret marriage to his first wife and her struggles with cancer and alcohol; his father's heavy drinking; his middle-class money woes; his struggles with the Catholic church over his opinions; his dismay and anger at leaks to the press by his clerks in later years; his whirlwind courtship and marriage of his secretary after his wife's death, all are detailed. The book adds up to a portrait of a man who was in many ways an ordinary American, but who achieved extraordinary results during his time on the Court.
Customer review from the Amazon Vine™ Program (What's this?) Brennan shaped post-war American politics to an extent few politicians could boast, yet he remains a relative unknown, except to law students who have to read his many opinions. Indeed, my first introduction to Brennan was when my Civil Procedure professor called him a "wily old fox." Reading Justice Brennan: Liberal Champion was a great opportunity to see the man behind those cases.
The first thing that struck me is that Brennan comes across as an eminently regular person. That isn't to deny his brilliance as a lawyer and politician. However, unlike many famous and important historical figures, it's possible to relate to his career and personality. He was never destined for greatness, but rather worked diligently and treated people with respect. Like most Americans, he watched the news on TV and enjoyed the beach (it's actually amazing how seldom we read about the pastimes of famous men). Stern and Wermiel begin the book with Brennan's parents, and make sure to tell us about Brennan's wife and children later on. One of my favorite anecdotes is how his granddaughter Connie enjoyed waking him up in the mornings. Overall, he seems like somebody who could have been my classmate or friend in law school. Having read Brennan's cases, it's easy to stereotype him as a typical liberal judicial activist. There's something to that claim. Yet, Stern and Wermiel paint a more subtle picture of the interplay between Brennan's personal life and his jurisprudential thinking. At times, he certainly shaped his opinions to suit his preferences. However, in some instances, it's entirely clear what drove Brennan's liberalism. Stern and Wermiel explore his feelings towards women in the workplace, which, despite his decisions in favor of women's equality, always made him feel uneasy. He rejected one clerkship applicant because she was a female, and only hired a handful of others. The authors suggest that Brennan's daughter Nancy, who had career goals of her own, and granddaughter Connie might have convinced him to become more tolerant of professional women. Yet, his jurisprudence did not seem to stem directly from his preferences. Of course, Brennan is best known as the ultimate vote counter on the bench, and here Justice Brennan: Liberal Champion doesn't disappoint. Stern and Wermiel spend a significant portion of the book detailing Brennan's interaction with his colleagues. Much of this is surprising. Despite their ideological similarity, Brennan and Marshall were not particularly close. In fact, Brennan viewed the civil rights hero with something approach pity and worried that Marshall was not carrying his load on the bench. Meanwhile, Brennan seems to have gotten along with most justices, except for Burger (whom he called a "dummy"). He even preferred the conservative firebrand Rehnquist as chief justice. Yet, interestingly enough, he seems to have alienated both O'Connor and Kennedy soon after the joined. My only disappointment with the book is that it never really explains Brennan's judicial philosophy. This might be partially because he probably never really had one. Brennan would tell new clerks that "five" was a magic number because a justice needed five votes to win a case. Brennan became Chief Justice Earl Warren's point person for drafting and negotiating important opinions. At times, he seems to discard precedent when it suits his cause, but caustic when other justices overrule his prior decisions. Yet, did Brennan have a legal guiding light? Furthermore, for an Eisenhower appointee, Brennan's liberalism seems to come out of nowhere, and it's really not satisfactorily explained in the book. Again, I realize that might well be an impossible task, but maybe some discussion of Brennan's intellectual fore-bearers would have helped situate Brennan's own views. Reading through the book, it's actually shocking how much Brennan influenced American history. He either wrote or shaped the key decisions on free speech, criminal procedure, civil rights, abortion, women's rights, and capital punishment. For those readers who have suffered through law school, this book will help you see post-war American history through the eyes of the law. Highly recommended. This past year has seen a plethora of great Supreme Court biographies. I'd also recommend Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices and Supreme Power: Franklin Roosevelt vs. the Supreme Court, which together cover the 20 years before Brennan joined the Court.
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| 4. A Piece of Cake: A Memoir by Cupcake Brown | |
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| 5. One L: The Turbulent True Story of a First Year at Harvard Law School by Scott Turow | |
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| 6. Don't Pee on My Leg and Tell Me It's Raining: America's Toughest Family Court Judge Speaks Out by Judy Sheindlin | |
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Editorial Review Now she abandons all judicial restraint in a scathing critique of the system--filled with realistic hard-nosed alternatives to our bloated welfare bureaucracy and our soft-on-crime laws. Reviews
The book covers a variety of social issues in the context of her legal and judicial experience, and she does a full court press in giving her opinions. Not given to judicial restraint, she speaks out on those issues to which her nearly quarter of a century experience as a judge has entitled her. I only wish that she were running for public office. She would certainly have my vote. The only issue that I take with the book is that it is really not a cohesive entity. It is a somewhat disjointed collection of essays or opinions on various social issues that repeatedly came up during her years on the bench. There is no attempt to put them together into a broader context, so that one segues into the next. This is the one shortcoming of the book. Nonetheless, it is still an interesting read.
The only negative I can think of is that, too often, points that need more detail end up as truncated sound bites. By making her points as succinctly as possible, Judge Judy has justifiably won for herself quite a following -- although the book's trenchant style is not dissimilar to her TV appearances, so I can't blame the ghost writer. I guess I'm just too much of a detail wonk to feel comfortable with short shrift on major subjects. Give me facts, footnotes, and all those other scholarly trappings that take me beyond the level of the merely anecdotal. But this book is not meant for people like me, though I can enjoy it as much as anyone. Judge Judy's elevation of COMMON SENSE to a principle of jurisprudence is guaranteed to make you think, even if it doesn't satisfy all bases.
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| 7. My Grandfather's Son: A Memoir by Clarence Thomas | |
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Editorial Review Provocative, inspiring, and unflinchingly honest, My Grandfather's Son is the story of one of America's most remarkable and controversial leaders, Supreme Court justice Clarence Thomas, told in his own words. Thomas was born in rural Georgia on June 23, 1948, into a life marked by poverty and hunger. His parents divorced when Thomas was still a baby, and his father moved north to Philadelphia, leaving his young mother to raise him and his brother and sister on the ten dollars a week she earned as a maid. At age seven, Thomas and his six-year-old brother were sent to live with his mother's father, Myers Anderson, and her stepmother in their Savannah home. It was a move that would forever change Thomas's life. His grandfather, whom he called "Daddy," was a black man with a strict work ethic, trying to raise a family in the years of Jim Crow. Thomas witnessed his grandparents' steadfastness despite injustices, their hopefulness despite bigotry, and their deep love for their country. His own quiet ambition would propel him to Holy Cross and Yale Law School, and eventually—despite a bitter, highly contested public confirmation—to the highest court in the land. In this candid and deeply moving memoir, a quintessential American tale of hardship and grit, Clarence Thomas recounts his astonishing journey for the first time, and pays homage to the man who made it possible. Intimately and eloquently, Thomas speaks out, revealing the pieces of his life he holds dear, detailing the suffering and injustices he has overcome, including the acrimonious and polarizing Senate hearing involving a former aide, Anita Hill, and the depression and despair it created in his own life and the lives of those closest to him. My Grandfather's Son is the story of a determined man whose faith, courage, and perseverance inspired him to rise up against all odds and achieve his dreams. | |
| 8. Counselor: A Life at the Edge of History by Ted Sorensen | |
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Editorial Review In this extraordinary memoir, John F. Kennedy's closest advisor recounts in full for the first time his experience counseling Kennedy through the most dramatic moments in American history. Illuminating, revelatory, and gripping, Counselor is the brilliant, long-awaited memoir from the remarkable man who shaped the presidency and the legacy of one of the greatest leaders America has ever known. | |
| 9. All Rise: The Remarkable Journey of Alan Page by Bill McGrane | |
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| 10. I Love You Phillip Morris by Steve Mcvicker | |
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Editorial Review A husband and father, Russell was a church organist, prosperous businessman, and onetime Boca Raton cop before turning to his life of crime. Arrested for a string of felonies, with a specialty in fraud, his real expertise turned out to be his uncanny ability to escape from jail. Between 1993 and 1998, he orchestrated a string of prison breaks that were as audacious as they were ingenious. Using whatever unlikely materials were at hand—a Magic Marker, a pay phone, a walkie-talkie, a pair of stolen bright red women's stretch pants—along with an innate talent for analytical thinking and boundless quantities of sheer nerve, Russell again and again arranged his own "early releases" from jail. Unfortunately, for Russell, staying out of jail is another matter entirely. Over the years, it became increasingly clear that Russell's talent for escape is matched only by his knack for getting arrested. One thing always seems to trump Steven Russell's careful planning, cool head, and instinct for self-preservation—love. Russell cannot resist the urge to try and spring the great love of his life—a fellow inmate named Phillip Morris. In I Love You Phillip Morris, journalist Steve McVicker goes right to the heart of this improbable-but-true story of crime, punishment, and passion. Thanks to unprecedented and exclusive access to Russell, his family, and his friends, he retraces Russell's journey from small-town businessman to flamboyant white-collar criminal and jailhouse Houdini. It's the darkly comic tale of a man with a spectacular ability to manipulate almost everyone he meets, yet who is himself helpless in the face of love. | |
| 11. Born Again by Charles W. Colson | |
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| 12. John Paul Stevens: An Independent Life by Bill Barnhart, Gene Schlickman | |
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| 13. Mindhunter by Mark Olshaker, John E. Douglas | |
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Editorial Review As the model for Jack Crawford in The Silence of the Lambs, Douglas has confronted, interviewed, and studied scores of serial killers and assassins, including Charles Manson, Ted Bundy, and Ed Gein, who dressed himself in his victims' peeled skin. Using his uncanny ability to become both predator and prey, Douglas examines each crime scene, reliving both the killer's and the victim's actions in his mind, creating their profiles, describing their habits, and predicting their next moves. Now, in chilling detail, the legendary Mindhunter takes us behind the scenes of some of his most gruesome, fascinating, and challenging cases -- and into the darkest recesses of our worst nightmares. | |
| 14. The Great Depression: A Diary by Benjamin Roth | |
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Editorial Review This collection of those entries reveals another side of the Great Depressionone lived through by ordinary, middle-class Americans, who on a daily basis grappled with a swiftly changing economy coupled with anxiety about the unknown future. Roth’s depiction of life in time of widespread foreclosures, a schizophrenic stock market, political unrest and mass unemployment seem to speak directly to readers today. Reviews
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| 15. Louis D. Brandeis: A Life by Melvin Urofsky | |
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| 16. The Autobiography of an Execution by David R. Dow | |
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| 17. Judge Sentences: Tales from the Bench by Dermot Meagher | |
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| 18. John Marshall: Definer of a Nation by Jean Edward Smith | |
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In fact, the bulk of the book deals not with Marshall's 35 years on the bench, but with his other activities as a soldier, politician, diplomat and Secretary of State. One is left with profound admiration for Marshall's political skills while in Congress and in the Cabinet. As a moderate Federalist from Virginia, Marshall was in a tight spot, to say the least. His state was increasingly dominated with Jeffersonian Republicans who had little trust for the man, but on the other hand, the High Federalists from New England were more than a little suspicious of any Virginian, even one of their own party. Smith portrays a skillful politician & deal-maker who is able to walk deftly between the two camps and actually managed to get a few things done. One cannot help but wonder if the Federalist Party might have survived if Marshall had been at its helm or had been a Federalist candidate for president. Marshall's time as a diplomat, spent in France during the years of the Directorate, also reveal him to be a canny negotiator who was more than equal to the task of dealing Talleyrand, the ultimate conniver of his time. Despite his somewhat rustic origins, Marshall was quite capable of adapting to the surroundings of the most cosmopolitan city in Europe, but without yielding to the corruption expected by the French bureaucracy. All of this work by Smith shows that Marshall did not enter the Chief Justice's chair as a blank slate --- in fact, he already had a lifetime's experience in a myriad of different professions, and this no doubt contributed in large part to his great influence on the Court's development. I would suspect that his background is more impressive and varied than any of the Chief Justices that have succeeded him. Unlike a lot of judicial histories, Smith does not get bogged down in the minutiae of the court decisions. In fact, relatively little time is spent discussing the decisions themselves, except for those that truly could be considered definitive. 35 years of court decisions could easily have made this an unworkable biography for Smith, who spends more time examining how Marshall, using his experience as a diplomat & legislator, was able to lead the court effectively and get it to render, for the most part, unanimous decisions. Although Marshall & Thomas Jefferson were well-known as cousins who had a very strong mutual dislike of each other, Smith does not beat the reader over the head with this fact. Nor does Smith, despite his obvious partiality for Marshall, engage in excessive Jefferson-bashing. If anything, he gives Jefferson the benefit of the doubt, particularly in regards to the 1805 impeachment of Justice Chase. Smith regards the affair as being largely the making of rogue Congressional Republicans such as John Randolph of Roanoke (another cousin), although many historians believe that Jefferson had a much greater hand in instigating the affair. The most Smith will criticize Jefferson on is his capacity for self-delusion, particularly where it concerned the Supreme Court. Jefferson came to regard the Marshall Court as an instrument of the Federalists, despite the fact that 5 of the 7 justices were Republican appointees. I find this to be an amusing parallel to modern-day criticism of the Court by some pundits, who view it as dominated by liberals --- despite the fact that 7 of the 9 justices have been appointed by Republican presidents. Evidently, some things never change. This would also be a useful book for those critics of the court who feel that justices are too politically involved these days. A study of Court's history shows that rarely have the justices been political eunuchs, and certainly Marshall was no exception. Many of his decisions on the court, although he was careful not to run amok with judicial authority, were calculated as parries to the thrusts to various political extremists such as Spencer Roane (who, like most of the states'-rights crowd, comes off quite badly in this book, as Smith portrays him as being hopelessly out of step with the nations' evolution). Marshall as much as anyone was responsible for defining the notion that the federal government ultimately has authority over the respective states in national matters, a notion that would be put to the test a quarter century after Marshall's death. Not only is this an informative book, but it is also very well-written and engaging. Do not let the 700+ pages daunt you, as the narrative flows quite briskly and will not bog the reader down. For most of us who know only know Marshall in connection with Marbury vs Madison, there is a lot more to the man than that --- this book will more than fill in the blank spaces.
Smith, no stranger to scholarship himself, guides the reader in painstaking detail through the rise of one of the most renoun jurists of early American history, John Marshall. Marshall, who served his country first as a soldier under General George Washington and later as the first truly influential chief justice of the Supreme Court, is a figure ripe for investigation at this particularly legal-oriented period in our history. For it was Marshall who, in his landmark decision, Marbury v. Madison, first gave rise to the notion of judicial review, the concept that suggests that the Supreme Court indeed has final say over the constitutionality of a given state action. What is fascinating about Marshall's life is how bitterly he had to fight to establish what we today take for granted, the Court's supreme authority. Marshall's relentless pursuit of a powerful judiciary was often at odds with the vision of his fellow founding father, Thomas Jefferson. Jefferson, who pushed for a small, decentralized federal government in a largely agrarian America, was constanly at odds with Marshall, and the tale of their stormy political battles resonates throughout the pages of Smith's biography. Of course, the philosophical musings and feindishly political battles of our founding fathers may not make for interesting reading for everyone. Smith's book is chock full of obscure anectdotes and oftentimes difficult-to-get-through detail. All the same, the interested reader seeking to understand just how our current court system got to be this way can do worse than pick up Smith's tome for some insight. For, in the end, the battles fought between America's early political titans bear a strong correlation to -- and perhaps even explain -- blips on the judicial radar screen now called things like "O.J."
This book is a mix between biography, history, and legal principles. All 3 parts were interesting. In law school, we spent much time studying Marbury v. Madison, but this book really put it in a great perspective, setting up one of the major themes of the book--the debate between Federalists and Republicans, ie Marshall and Jefferson. The Federalist-Republican theme really helped put much of the reading into perspective, explaining Marshall's beleif in a strong central government and his philosophy in deciding the big cases like Marbury, Gibbons, Dartmouth College, Mcullough v. MD, and many others. For me, this was one of those books I felt proud to have read. Marshall played an enormous role in shaping the Court, and I hardly knew a thing about him before this book. The author has a nice smooth style, and packs each sentence with research. I repsect the effort such a book must have taken.
What is even more amazing is how singular he was and how his stewardship was a near miss. At a time when it seemed the whole country converted to anti-Federalisism and the Federalist party disappeared, there was Marshall, stalwart to the end. WIth a vigor that lasted to the end, he fought the Jeffersonians and their vision of America as a pastoral, agrarian society of gentlemen farmers. His rulings established the basis for the corporate capitalist system of property rights that has given this nation a level of prosperity never before seen. More important, his rulings on Constitutional interpretation established the Supreme Court as the final arbiter of political decisions - something particularly handy in the 2000 election. Although Marshall represented a "strict Constructionist" viewpoint in the sense that he decried expansion of Federal power in what he deemed the wrong direction, i.e. the Jeffersonian direction, he was not averse to using the Federal government when the issue warranted. When he died he was the last of the "old school" but he set the pattern that has been adhered to every since. Theh book is quite readable, the research admirable and can be understood by historian, lawyer or layman. ... Read more | |
| 19. My Mother's Rules: A Practical Guide to Becoming an Emotional Genius by Lynn Toler | |
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Editorial Review
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| 20. Happy Hour Is for Amateurs: A Lost Decade in the World's Worst Profession by Philadelphia Lawyer | |
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Editorial Review For some people, happy hour is never enough This is a book about escape. It's also about laughing gas. And bourbon and dope and sex and mushrooms and every other vice millions of us indulge in to forget our jobs, the office, and the stifling, corporate caricatures we're forced to become for paychecks. This is a book about a decade lost in a senseless career no one likes and all the ridiculous things I did to run from it. In the end, it's probably your story as much as mine. We're everywhere. We just can't say it out loud. Reviews
Customer review from the Amazon Vine™ Program (What's this?) I read somewhere that there are more lawyers than doctors, firefighters, and police combined. Why the heck do we need so many of them? What's the appeal of the legal profession? I hoped that "Happy Hour is for Amateurs" would answer these questions and also brief me on a typical lawyer's life. I found some of the information I sought, but this review's title, from a toast made during one of the author's many epic benders, pretty much sums up his lurid and irreverent journey to self-realization.
The author's silver tongue initially drew him to law. He figured his gift of gab would allow him to become a legal eagle and easily make a fat paycheck. However, he became disillusioned with being a lawyer soon after scoring his first slot out of law school. Hoping to redeem his career choice, he tried switching firms and specialties, but each position seemed worse than the last. Even constant partying and profuse medication with fornication, drugs, and alcohol couldn't kill his deepening despair. Somewhere between debaucheries, the author managed to meet a woman, marry her, and father a child. This, along with a severe case of occupational angst, forced him to finally wake up and make a choice concerning his life's direction. I did gain some insights into a lawyer's daily grind during the ten-year journey through The Philadelphia Lawyer's life, as well as inferring the answers to my above questions based upon his example. Between surfing porn and trading goof-off emails with friends, he demonstrates that much of his work time is taken up by legal minutiae. Our hero plows through vast amounts of paperwork, turns every possible waking moment into six minute billing increments, spends some quality time dueling with fellow lawyers in court, and strives to stay one step ahead of micromanaging bosses. But once he leaves the office, it's time to party with his posse. And our boy certainly doesn't hold back in that regard. Despite a cynical sense of humor and a gift for vivid descriptions that keeps things light, the author's constant detours into graphic episodes of debauchery become wearisome and alienating. How in the world does he get away with constantly showing up to work hung over, not to mention arguing a case while riding high on a narcotic? And his sensual escapades? Well, I've read lighter stuff in Penthouse Forum, so you've been warned. But even in the midst of all this carnality, I ultimately found myself sympathizing with him. He exemplifies the American nightmare of choosing the wrong career right off the bat and then spending years dulling the pain with fleshly and chemical excess until his true calling is revealed. I try to discover common ground with memoir authors, and I found some similarities with the Philadelphia Lawyer in our love for writing, shared occupational burnout, and a requirement for sit-down privacy in public bathrooms. But I empathized most with his quest for significance and self-expression, which held my attention and kept me reading. By the time his tenth year as a lawyer rolled around, writing had become his main focus. His popular anonymous blog eventually led to a deal for this book - the open-door that he'd been striving for. Once he had a publishing contract and advance check in hand, he resigned from his firm and left law for good. I wish him the best of luck. Despite an overload of sensuality and substance abuse, "Happy Hour" is a good example of the "I hated my profession and quit when I found my passion" genre. I also recommend "Do Travel Writers Go To Hell," by Thomas Kohnstamm, "Waiter Rant" by The Waiter, and "A Town Like Paris" by Bryce Corbett as further literary examples of guys who loathed their jobs and found fulfillment within the craft of writing.
Customer review from the Amazon Vine™ Program (What's this?) "Happy Hour is for Amateurs" is written in a style that will not be unfamiliar to those who have read "Fear and Loathing in Las Vegas." This book is hardly a knockoff of "F&L", but the voice is similar. Your reaction to this book will likely be similar to your reaction to "F&L."
The author takes us through booze, drug and sex filled escapades during and after law school, as he comes to a realization of the nature of the career he has chosen. I doubt that most of that stuff actually happened - the author would have been dead 10 years ago. But it's a stylized over-the-top rendition of the type of things that go on in law school and in law firms. I was an associate at a big firm for a while, and while I didn't hate the experience nearly as much as the author did his, there's a reason I'm not in private practice anymore. Among the raunchy hijinks, there are more than a few nuggets of truth about the practice of law. I'm not sure if this book has wide appeal to general readers, but lawyers will likely find it interesting. "Happy Hour is for Amateurs" also should be required reading for people considering law school; although it's not a completely realistic snapshot of practice, it will give potential lawyers some idea of what they might be in for, and some idea of what questions to ask before they enter the profession.
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