Federal Courts Standards of Review

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Author :
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 274 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Federal Courts Standards of Review by : Harry T. Edwards

Download or read book Federal Courts Standards of Review written by Harry T. Edwards and published by West Academic Publishing. This book was released on 2007 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.

The Case Against the Supreme Court

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Author :
Publisher : Penguin Books
ISBN 13 : 0143128000
Total Pages : 402 pages
Book Rating : 4.1/5 (431 download)

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Book Synopsis The Case Against the Supreme Court by : Erwin Chemerinsky

Download or read book The Case Against the Supreme Court written by Erwin Chemerinsky and published by Penguin Books. This book was released on 2015-09-29 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

Injustices

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Publisher : Bold Type Books
ISBN 13 : 1568585853
Total Pages : 370 pages
Book Rating : 4.5/5 (685 download)

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Book Synopsis Injustices by : Ian Millhiser

Download or read book Injustices written by Ian Millhiser and published by Bold Type Books. This book was released on 2016-06-28 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.

Court of Lions

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Publisher : Simon and Schuster
ISBN 13 : 1681777134
Total Pages : 302 pages
Book Rating : 4.6/5 (817 download)

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Book Synopsis Court of Lions by : Jane Johnson

Download or read book Court of Lions written by Jane Johnson and published by Simon and Schuster. This book was released on 2018-03-06 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kate Fordham, escaping terrible personal trauma, has fled to the beautiful sunlit city of Granada, the ancient capital of the Moors in Spain. There she is scraping by with an unfulfilling job in a busy bar. One day, in the glorious gardens of the Alhambra—once home to Sultan Abu Abdullah Mohammed—Kate finds a scrap of paper hidden in one of the ancient walls. Upon it, in strange symbols, has been inscribed a message from another era. The message has lain undiscovered since before the Fall of Granada in 1492, when the city was surrendered to Queen Isabella and King Ferdinand. Born of love, in a time of danger and desperation, the fragment will be the catalyst that changes Kate's life forever. An epic saga of romance and redemption, Court of Lions brings one of the great turning-points in human history to life, telling the dual stories of a modern woman and the last Moorish sultan of Granada, as they both move towards their cataclysmic destinies.

Dissent and the Supreme Court

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Publisher : Vintage
ISBN 13 : 110187063X
Total Pages : 545 pages
Book Rating : 4.1/5 (18 download)

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Book Synopsis Dissent and the Supreme Court by : Melvin I. Urofsky

Download or read book Dissent and the Supreme Court written by Melvin I. Urofsky and published by Vintage. This book was released on 2015-10-13 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.

Constitutional Money

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Publisher : Cambridge University Press
ISBN 13 : 1107032547
Total Pages : 263 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Constitutional Money by : Richard H. Timberlake

Download or read book Constitutional Money written by Richard H. Timberlake and published by Cambridge University Press. This book was released on 2013-04-08 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes nine Supreme Court decisions that dealt primarily with money, monetary events, and monetary policy, from McCulloch v. Maryland in 1819 to the Gold Clause Cases in 1934-35. In doing so, it explains how both the gold standard and central bank work, how the former gave way to the latter, and how the Federal Reserve became unconstitutional.

Jane in Love

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Publisher : HarperCollins
ISBN 13 : 0063019094
Total Pages : 431 pages
Book Rating : 4.0/5 (63 download)

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Book Synopsis Jane in Love by : Rachel Givney

Download or read book Jane in Love written by Rachel Givney and published by HarperCollins. This book was released on 2020-10-27 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Engaging . . . thoughtful topics and funny moments, cleverness and charm . . . a must-read for Janeites . . . and . . . readers who like smart, and provocative fiction.” —Booklist, starred review A charming, romantic debut novel in which Jane Austen, heralded author, ends up time-traveling almost two hundred years in the future. There she finds the love she's written about and the destiny she's dreamed of . . . but is it worth her legacy? Bath, England, 1803. At twenty-eight, Jane Austen prefers walking and reading to balls and assemblies; she dreams of someday publishing her carefully crafted stories. Already on the shelf and in grave danger of becoming a spinster, Jane goes searching for a radical solution—and as a result, seemingly by accident, time-travels. She lands in . . . Bath, England, present day. The film set of Northanger Abbey. Sofia Wentworth is a Hollywood actress starring in a new period film. When Sofia meets Jane, she marvels at the young actress who can’t seem to “break character,” even off set. And Jane—acquainting herself with the horseless steel carriages and seriously shocking fashion of the twenty-first century—meets Sofia, a woman unlike anyone she’s ever met before. Then she meets Fred, Sofia’s brother, who has the audacity to be handsome, clever, and kind-hearted. What happens when Jane, against her better judgement, falls in love with Fred? And when Sofia learns the truth about her new friend Jane? And worst of all, if Jane stays with Fred, will she ever achieve her dream, the one she's now seen come true? “Artfully written and engaging, Jane in Love is a lively effusion of wit and humor.” —Graeme Simsion, The New York Times–bestselling author of The Rosie Project

Judicial Review and the National Political Process

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Publisher : Quid Pro Books
ISBN 13 : 1610271718
Total Pages : 441 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Judicial Review and the National Political Process by : Jesse H. Choper

Download or read book Judicial Review and the National Political Process written by Jesse H. Choper and published by Quid Pro Books. This book was released on 2013-05-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.

Weak Courts, Strong Rights

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Publisher : Princeton University Press
ISBN 13 : 1400828155
Total Pages : 288 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet

Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

The Authority of the Court and the Peril of Politics

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Publisher : Harvard University Press
ISBN 13 : 0674269365
Total Pages : 113 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Authority of the Court and the Peril of Politics by : Stephen Breyer

Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

A Legal Review of the Case of Dred Scott, as Decided by the Supreme Court of the United States

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Publisher :
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis A Legal Review of the Case of Dred Scott, as Decided by the Supreme Court of the United States by : Horace Gray

Download or read book A Legal Review of the Case of Dred Scott, as Decided by the Supreme Court of the United States written by Horace Gray and published by . This book was released on 1857 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Court Divided

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Publisher : W. W. Norton & Company
ISBN 13 : 9780393058680
Total Pages : 392 pages
Book Rating : 4.0/5 (586 download)

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Book Synopsis A Court Divided by : Mark V. Tushnet

Download or read book A Court Divided written by Mark V. Tushnet and published by W. W. Norton & Company. This book was released on 2005 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Foxhole Court

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Publisher :
ISBN 13 : 9781516801510
Total Pages : 260 pages
Book Rating : 4.8/5 (15 download)

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Book Synopsis The Foxhole Court by : Nora Sakavic

Download or read book The Foxhole Court written by Nora Sakavic and published by . This book was released on 2016-03-31 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neil Josten is the newest addition to the Palmetto State University Exy team. He's short, he's fast, he's got a ton of potential - and he's the runaway son of the murderous crime lord known as The Butcher.Signing a contract with the PSU Foxes is the last thing a guy like Neil should do. The team is high profile and he doesn't need sports crews broadcasting pictures of his face around the nation. His lies will hold up only so long under this kind of scrutiny and the truth will get him killed.But Neil's not the only one with secrets on the team. One of Neil's new teammates is a friend from his old life, and Neil can't walk away from him a second time. Neil has survived the last eight years by running. Maybe he's finally found someone and something worth fighting for.

The Most Dangerous Branch

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Publisher : Crown
ISBN 13 : 1524759929
Total Pages : 489 pages
Book Rating : 4.5/5 (247 download)

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Book Synopsis The Most Dangerous Branch by : David A. Kaplan

Download or read book The Most Dangerous Branch written by David A. Kaplan and published by Crown. This book was released on 2018-09-04 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. Brett Kavanaugh—replacing Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court—Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.

Democracy and Distrust

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674263294
Total Pages : 281 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Democracy and Distrust by : John Hart Ely

Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

Supreme Inequality

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Author :
Publisher : Penguin
ISBN 13 : 0735221529
Total Pages : 458 pages
Book Rating : 4.7/5 (352 download)

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Book Synopsis Supreme Inequality by : Adam Cohen

Download or read book Supreme Inequality written by Adam Cohen and published by Penguin. This book was released on 2021-02-23 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: “With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.