|
Article Excerpt
Marshall S. Shapo Carolina Academic Press www.cap-press.com 328 pp., $45
"No matter whether th' Constitution follows th' flag or not, th' Supreme Court follows th' ilection returns," the apocryphal Chicago saloon keeper Mr. Dooley opined long ago.
What a terrible thing it would be tot the Supreme Court--or any other court--to follow the election returns! Or would it?
What is intrinsically wrong with a judge taking note of American society as he or she interprets court precedents and statutes and drafts a decision that must be both effective and legitimate? Conversely, what is wrong with a judge--when choosing between alternative, equally legitimate conclusions--choosing one that helps an ever-evolving society" to break trail?
Whether or not judges are conscious of it, they do make decisions this way. How did the U.S. Supreme Court ever make its way from Dred Scott through Brown v. Board of Education to Loving v. Virginia, with its legitimacy intact, without even glancing at the changing society, around it? It didn't. How did American society make its way from a parochial, highly stratified people dominated by its white majority--through the combat over affirmative action, free speech, and abortion rights--to an era of more equal rights and opportunity, less economic disparity, and greater tolerance, without the examples set by the Supreme Court? It didn't.
Marshall Shapo explores subtle influences...
|
|
More articles from Trial
Five justices hold firm on 'soft' campaign money., March 01, 2004
Employers may bar coworker relationships, appellate court says.(Califo..., March 01, 2004
California case brings Internet into gay adoption debate.(Butler v. Ad..., March 01, 2004
Be ready when defense goes to the videotape., March 01, 2004
First Amendment does not protect wearing masks., March 01, 2004
Looking for additional articles?
Search our database of over 3 million articles.
Looking for more in-depth information on this industry?
Search our complete database of Industry & Market reports by text, subject, publication
name or publication date.
About Goliath
Whether you're looking for sales prospects, competitive information, company
analysis or best practices in managing your organization,
Goliath can help you meet your business needs.
Our extensive business information databases empower business
professionals with both the breadth and depth of credible,
authoritative information they need to support their business
goals. Whether it be strategic planning, sales prospecting,
company research or defining management best practices -
Goliath is your leading source for accurate information.
|
|
