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Burger Court - The Counter-Revolution that Wasn't

NCJ Number
100816
Editor(s)
V Blasi
Date Published
1983
Length
338 pages
Annotation
This book presents a series of critical assessments of the performance of the U.S. Supreme Court since Warren Burger became chief justice in 1969.
Abstract
With two exceptions, the essays in the book offer an overview of the Burger Court's work, its important decisions, and noteworthy themes, trends, and problems. Issues examined include the controversial decision in the Roe v. Wade abortion case, the Court's role in a democratic society, freedom of the press, freedom of speech, police investigatory practices and legal limitations, racial discrimination, sex discrimination, workplace rights, capital punishment, school busing, executive privilege, aid to religious schools, and constitutional concerns with family relations. Two chapters offer broad critiques that cut across various doctrinal categories. Taken together, the essays indicate that the Burger Court's work does not lend itself to any concise, comprehensive characterization, although such themes as the respect for private property and the promotion of traditional authoritarian conceptions of child rearing provide a means for tying together the court's diverse decisions. Most of the authors of these essays agree that the Burger Court has not displayed the ideological fervor that might have been expected in view of the rhetoric and controversy that surrounded the change in court personnel. Chapter notes, index, chronology, profiles of the justices, and a 78-item bibliography.