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Let the Judges tell your students how they reach a verdict.

Thoroughly revised, with expanded historical and international coverage, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. In this wide-ranging collection, Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional and statutory interpretation, judicial federalism, and the role of the judiciary. New selections come from such distinguished jurists as Judge Jerome Frank (U.S. Court of Appeals), Judge D. Brock Hornby (U.S. District Court), Chief Justice John G. Roberts, Jr. (Supreme Court of the United States), Justice Benjamin N. Cardozo (Supreme Court of the United States), and Chief Justice Aharon Barak (Supreme Court of Israel). With updated introductions to provide readers with necessary thematic and historical context, this book is the perfect supplement to present a nuanced view of the judiciary.

Testimonials

“Judges on Judging is an invaluable and stimulating resource for anyone interested in gaining insight into the role of courts and judges in American government. It provides both basic information about how the courts operate and contrasting views about the ‘proper’ role for judges, all in the words of distinguished members of the judicial branch.” - James Todd, University of Arizona

“My students appreciate that Judges on Judging gives them the opportunity to read the views of actual judges on the topics we discuss in class. The selections add a rich, first-hand perspective to the other assigned material and provide an authentic ‘voice’ to key points of philosophical, constitutional, and analytical dispute throughout the course.” - Mark Petracca, University of California, Irvine

“Judges on Judging assembles a unique collection of extra-judicial writings by American judges--federal and state, appellate and trial, past and present--and organizes them around themes all students of judicial process would be expected to master. Inviting O’Brien’s judges to be ‘guest lecturers’ in my course has encouraged my students to think critically about the relationship between theory and practice, that is, how the leading theories on judicial process and behavior in the academic literature can be squared with the ‘views from the bench.’” - Michael C. Tolley, Northeastern University

David M. O'Brien is Leone Reaves and George W. Spicer Professor of Government and Foreign Affairs at the University of Virginia. He has served as a Judicial Fellow and a research associate in the Office of the Administrative Assistant to the Chief Justice at the Supreme Court. He is author and coauthor of numerous books, including To Dream of Dreams: Religious Freedom and Constitutional Politics in Postwar Japan (1996), Storm Center: The Supreme Court in American Politics, 6th edition (2003) which won the American Bar Association’s Silver Gavel Award, the two-volume casebook, Constitutional Law and Politics, 5th edition (2003), and the annual Supreme Court Watch.

Part I. Judicial Review and American Politics: Historical and Political Perspectives
Introduction
1. The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury
Chief Justice Warren E. Burger
Supreme Court of the United States
2. The Supreme Court in the American System of Government
Justice Robert H. Jackson
Supreme Court of the United States
Part II. The Dynamics of the Judicial Process
Introduction
3. Advice and Consent in Theory and Practice
Judge Roger J. Miner
U.S. Court of Appeals, Second Circuit
4. The ‘Fight’ Theory Versus the ‘Truth’ Theory
Judge Jerome Frank
U.S. Court of Appeals, Second Circuit
5. The Adversary Judge: The Experience of the Trial
Judge Judge Marvin E. Frankel
U.S. District Court, Southern District of New York
6. The Business of the U.S. District Courts
Judge D. Brock Hornby
U.S. District Court, District of Maine
7. What I Ate for Breakfast and Other Mysteries of Judicial Decision Making
Judge Alex Kozinski
U.S. Court of Appeals, Ninth Circuit
8. Whose Federal Judiciary Is It Anyway?
Judge Stephen Reinhardt
U.S. Court of Appeals, Ninth Circuit
9. What Really Goes on at the Supreme Court
Justice Lewis F. Powell Jr.
Supreme Court of the United States
10. The Supreme Court’s Conference
Chief Justice William H. Rehnquist
Supreme Court of the United States
11. Deciding What to Decide: The Docket and the Rule of Four
Justice John Paul Stevens
Supreme Court of the United States
12. The Role of Oral Argument
Justice John M. Harlan II
Supreme Court of the United States
13. Year-End Report on the Federal Judiciary (2007)
Chief Justice John G. Roberts, Jr.
Supreme Court of the United States
Part III. The Judiciary and the Constitution
Introduction
14. The Path of Law
Justice Oliver Wendell Holmes
Supreme Court of the United States
15. The Judge as a Legislator
Justice Benjamin N. Cardozo
Supreme Court of the United States
16. The Notion of a Living Constitution
Chief Justice William H. Rehnquist
Supreme Court of the United States
17. A Relativistic Constitution
Judge William Wayne Justice
U.S. District Court, Eastern District of Texas
18. The Jurisprudence of Judicial Restraint: A Return to the Moorings
Judge J. Clifford Wallace
U.S. Court of Appeals, Ninth Circuit
19. Tradition and Morality in Constitutional Law
Judge Robert H. Bork
U.S. Court of Appeals, District of Columbia Circuit
20. What Am I, a Potted Plant? The Case Against Strict Constructionism
Judge Richard A. Posner
U.S. Court of Appeals, Seventh Circuit
21. Originalism: The Lesser Evil
Justice Antonin Scalia
Supreme Court of the United States
22. The Constitution: A Living Document
Justice Thurgood Marshall
Supreme Court of the United States
23. The Constitution of the United States: Contemporary Ratification
Justice William J. Brennan Jr.
Supreme Court of the United States
24. Speaking in a Judicial Voice: Reflections on Roe v. Wade
Justice Ruth Bader Ginsburg
Supreme Court of the United States
25. Our Democratic Constitution
Justice Stephen G. Breyer
Supreme Court of the United States
26. Against Constitutional Theory
Judge Richard A. Posner
U.S. Court of Appeals, Seventh Circuit
27. The Importance of Comparative Law
Chief Justice Aharon Barak
Supreme Court of Israel
28. The Two Faces of Judicial Activism
Judge William Wayne Justice
U.S. District Court, Eastern District of Texas
Part IV. The Judiciary and Federal Regulation: Line Drawing and Statutory Interpretation
Introduction
29. Some Reflections on the Reading of Statutes
Justice Felix Frankfurter
Supreme Court of the United States
30. What Does Legislative History Tell Us?
Judge Frank H. Easterbrook
U.S. Court of Appeals, Seventh Circuit
Part V. Our Dual Constitutional System: The Bill of Rights and the States
Introduction
31. The Bill of Rights
Justice Hugo L. Black
Supreme Court of the United States
32. Guardians of Our Liberties--State Courts No Less than Federal
Justice William J. Brennan Jr.
Supreme Court of the United States
33. First Things First: Rediscovering the States’ Bills of Rights
Justice Hans A. Linde
Oregon State Supreme Court
34. State Courts at the Dawn of a New Century: Common Law Courts Reading Statutes and Constitutions Chief Judge Judith S. Kaye
New York Court of Appeals
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