Justice Robert H Jacksons Unpublished Opinion In Brown V Board

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Justice Robert H. Jackson's Unpublished Opinion in Brown v. Board

Author : David M. O'Brien
Publisher : University Press of Kansas
ISBN 13 : 0700625186
Total Pages : 232 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Justice Robert H. Jackson's Unpublished Opinion in Brown v. Board by : David M. O'Brien

Download or read book Justice Robert H. Jackson's Unpublished Opinion in Brown v. Board written by David M. O'Brien and published by University Press of Kansas. This book was released on 2017-11-17 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brown v. Board of Education is widely recognized as one of the US Supreme Court's most important decisions in the twentieth century. Robert H. Jackson, an associate justice on the case, is generally considered one of the Court's most gifted writers. Though much has been written about Brown, citing the writing and remarks of the justices who participated in the 1954 decision, comparatively little has been said about Jackson or his unpublished opinion, which is sometimes even mistakenly taken as a dissenting opinion. This book visits Brown v. Board of Education from Jackson's perspective and, in doing so, offers a reinterpretation of the justice's thinking, and of the Supreme Court's decision making, in a ruling that continues to reverberate through the nation's politics and public life. Weaving together judicial biography, legal history, and judicial politics, Justice Robert H. Jackson's Unpublished Opinion in Brown v. Board provides a nuanced look at constitutional interpretation, and the intersection of law and politics, from inside the mind of a justice, within the context of a Court deciding a seminal case. Through an analysis of six drafts of Jackson's unpublished concurring opinion, David M. O'Brien explores the justice's evolving thoughts on relevant issues at critical moments in the case. His retelling of Brown presents a new view of longstanding arguments confronted by Jackson and the other justices over “original intent” versus a “living Constitution,” the role of the Court, and social change and justice in American political life. The book includes the final draft of Jackson's unpublished opinion, as well as the Warren Court's opinions in Brown and in Bolling v. Sharpe, for comparison, along with a timeline of developments and decision making leading to the Court's landmark ruling.

Dispassionate Justice

Author : Robert H. Jackson
Publisher : Indianapolis : Bobbs-Merrill Company
ISBN 13 :
Total Pages : 364 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Dispassionate Justice by : Robert H. Jackson

Download or read book Dispassionate Justice written by Robert H. Jackson and published by Indianapolis : Bobbs-Merrill Company. This book was released on 1969 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes official opinions of the U.S. Supreme Court written by Justice Jackson, as well as his concurring and dissenting opinions.

Rhetoric, Persuasion, and Modern Legal Writing

Author : Brian L. Porto
Publisher : Rowman & Littlefield
ISBN 13 : 1498568920
Total Pages : 211 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Rhetoric, Persuasion, and Modern Legal Writing by : Brian L. Porto

Download or read book Rhetoric, Persuasion, and Modern Legal Writing written by Brian L. Porto and published by Rowman & Littlefield. This book was released on 2020-02-11 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classical rhetorical techniques can enhance the persuasiveness of Supreme Court opinions by making their language clear, lively, and memorable. This book focuses on three techniques—“invention” (creation of arguments), “arrangement” (organization), and “style” (word choice)—in the work of Oliver Wendell Holmes, Jr., Robert Jackson, Hugo Black, William Brennan, and Antonin Scalia, respectively. The justices featured here contributed to the Court’s rhetorical legacy in different ways, but all five rejected the magisterial opinion style of the eighteenth and nineteenth centuries in favor of a more personal and conversational format. As a result, their opinions have endured, and even modern readers who cannot recall the justices’ names understand and embrace the ideas expressed in their legal writings and apply those ideas to current debates. Practicing lawyers, professors, and students can use this book to study legal writing techniques and make their own writing more persuasive.

The Common Law Tradition

Author : George W. Liebmann
Publisher : Transaction Publishers
ISBN 13 : 9781412819916
Total Pages : 394 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis The Common Law Tradition by : George W. Liebmann

Download or read book The Common Law Tradition written by George W. Liebmann and published by Transaction Publishers. This book was released on 2006-04-30 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book commemorates a place and a time in American law teaching, but more importantly, an outlook: the common law tradition. That outlook was empirical and tolerant. These values were carried into expression by a group of people who were not part of a cult or faction nor ruled by the herd instinct. Now in paperback, The Common Law Tradition is a collective portrait of five scholars who epitomize the tradition. The focus is Chicago in the 1960s. The five figures considered--Edward H. Levi, Harry Kalven, Jr., Karl Llewellyn, Philip Kurland, and Kenneth Culp Davis--did much to broaden the perspectives of the legal academy. Levi made use of sociology, economics, and comparative law. Kalven collaborated with sociologists on the Jury Project and with economists on tax law and auto compensation plans. Llewellyn's commitment to empirical research underpinned his work on the Uniform Commercial Code. Kurland's approach to constitutional law was highlighted by his insistence on the relevance of legal history. Davis was an energetic comparativist in his work on administrative law. What distinguished these Chicagoans is that their work was practical and rooted in the law, and hence yielded concrete applications. The group's diversity, the tolerant atmosphere in which they taught and wrote, and the attachment of its individual members to empirical approaches differentiate them from today's legal scholars and make their ideas of continuing importance.

The Final Keystone

Author : John Kevin Crowley
Publisher : Dorrance Publishing
ISBN 13 : 1649134800
Total Pages : 140 pages
Book Rating : 4.6/5 (491 download)

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Book Synopsis The Final Keystone by : John Kevin Crowley

Download or read book The Final Keystone written by John Kevin Crowley and published by Dorrance Publishing. This book was released on 2021-03-04 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Final Keystone By: John Kevin Crowley Every case in the history of Jurisprudence involves three things: Trust, Betrayal, and Accountability. Through his education, studies, and observations and experiences, author John Kevin Crowley has learned the interconnection of history, law, philosophy, and religion with the human condition. How that relationship has played out in human history leading to present day is a focus of The Final Keystone. This treatise is the story of us and the source of the lessons left unlearned. It is a reminder of what does not work and how what does work must be ever vigilantly guarded.

How the Court Became Supreme

Author : Paul D. Moreno
Publisher : LSU Press
ISBN 13 : 0807178411
Total Pages : 359 pages
Book Rating : 4.8/5 (71 download)

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Book Synopsis How the Court Became Supreme by : Paul D. Moreno

Download or read book How the Court Became Supreme written by Paul D. Moreno and published by LSU Press. This book was released on 2022-09-14 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of its history, the United States Supreme Court has emerged as the most powerful judiciary unit the world has ever seen. Paul D. Moreno’s How the Court Became Supreme offers a deep dive into its transformation from an institution paid little notice by the American public to one whose decisions are analyzed and broadcast by major media outlets across the nation. The Court is supreme today not just within the judicial branch of the federal government but also over the legislative and executive branches, effectively possessing the ability to police elections and choose presidents. Before 1987, nearly all nominees to the Court sailed through confirmation hearings, often with little fanfare, but these nominations have now become pivotal moments in the minds of voters. Complaints of judicial primacy range across the modern political spectrum, but little attention is given to what precisely that means or how it happened. What led to the ascendancy of America’s highest court? Moreno seeks to answer this question, tracing the long history of the Court’s expansion of influence and examining how the Court envisioned by the country’s Founders has evolved into an imperial judiciary. The US Constitution contains a multitude of safeguards to prevent judicial overreach, but while those measures remain in place today, most have fallen into disuse. Many observers maintain that the Court exercises legislative or executive power under the guise of judicial review, harming rather than bolstering constitutional democracy. How the Court Became Supreme tells the story of the origin and development of this problem, proposing solutions that might compel the Court to embrace its more traditional role in our constitutional republic.

The Supreme Court Review, 2023

Author : David A. Strauss
Publisher : University of Chicago Press
ISBN 13 : 0226835642
Total Pages : 513 pages
Book Rating : 4.2/5 (268 download)

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Book Synopsis The Supreme Court Review, 2023 by : David A. Strauss

Download or read book The Supreme Court Review, 2023 written by David A. Strauss and published by University of Chicago Press. This book was released on 2024-07-15 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: An annual peer-reviewed law journal covering the legal implications of decisions by the Supreme Court of the United States. Since it first appeared in 1960, the Supreme Court Review (SCR) has won acclaim for providing a sustained and authoritative survey of the implications of the Court’s most significant decisions. SCR is an in-depth annual critique of the Supreme Court and its work, analyzing the origins, reforms, and modern interpretations of American law. SCR is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.

American Constitutional Law

Author : Alpheus Thomas Mason
Publisher : Routledge
ISBN 13 : 1000431290
Total Pages : 1146 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis American Constitutional Law by : Alpheus Thomas Mason

Download or read book American Constitutional Law written by Alpheus Thomas Mason and published by Routledge. This book was released on 2021-09-28 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of comprehensive background essays coupled with carefully edited Supreme Court case excerpts designed to explore constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, the book endeavors to heighten students’ understanding of this critical part of the American political system. New to the 18th Edition An account of the Trump impeachments and a full discussion of the recent Supreme Court transitions including recent Supreme Court transitions including the fraught Kavanaugh hearings, the death of Ruth Bader Ginsberg, and the nomination process surrounding Amy Coney Barrett. Fourteen new cases carefully edited and excerpted, including Chifalo v. Washington (2020) on the Electoral College, Masterpiece Cakeshop (2018) on gay rights, and three Trump cases as well. Thirty-one new cases discussed in chapter essays in addition.

Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment

Author : Brad Snyder
Publisher : W. W. Norton & Company
ISBN 13 : 1324004886
Total Pages : 735 pages
Book Rating : 4.3/5 (24 download)

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Book Synopsis Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment by : Brad Snyder

Download or read book Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment written by Brad Snyder and published by W. W. Norton & Company. This book was released on 2022-08-23 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive biography of Felix Frankfurter, Supreme Court justice and champion of twentieth-century American liberal democracy. The conventional wisdom about Felix Frankfurter—Harvard law professor and Supreme Court justice—is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court’s principal villain. And yet none of these characterizations rings true. A pro-government, pro-civil rights liberal who rejected shifting political labels, Frankfurter advocated for judicial restraint—he believed that people should seek change not from the courts but through the democratic political process. Indeed, he knew American presidents from Theodore Roosevelt to Lyndon Johnson, advised Franklin Roosevelt, and inspired his students and law clerks to enter government service. Organized around presidential administrations and major political and world events, this definitive biography chronicles Frankfurter’s impact on American life. As a young government lawyer, he befriended Theodore Roosevelt, Louis Brandeis, and Holmes. As a Harvard law professor, he earned fame as a civil libertarian, Zionist, and New Deal power broker. As a justice, he hired the first African American law clerk and helped the Court achieve unanimity in outlawing racially segregated schools in Brown v. Board of Education. In this sweeping narrative, Brad Snyder offers a full and fascinating portrait of the remarkable life and legacy of a long misunderstood American figure. This is the biography of an Austrian Jewish immigrant who arrived in the United States at age eleven speaking not a word of English, who by age twenty-six befriended former president Theodore Roosevelt, and who by age fifty was one of Franklin Roosevelt’s most trusted advisers. It is the story of a man devoted to democratic ideals, a natural orator and often overbearing justice, whose passion allowed him to amass highly influential friends and helped create the liberal establishment.

Supreme Injustice

Author : Alan M. Dershowitz
Publisher : Stranger Journalism
ISBN 13 : 0199869847
Total Pages : 157 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Supreme Injustice by : Alan M. Dershowitz

Download or read book Supreme Injustice written by Alan M. Dershowitz and published by Stranger Journalism. This book was released on 2003-11 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alan Dershowitz is especially well-qualified to comment upon the disgraceful elections of 2000. He concludes that the Supreme Court's reputation has been sullied and that by setting such an unfavourable precedent the American judicial system will be criticised for its lack of fairness at home and abroad.

Antonin Scalia and American Constitutionalism

Author : Edward A. Purcell, Jr.
Publisher : Oxford University Press
ISBN 13 : 0197508774
Total Pages : 288 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Antonin Scalia and American Constitutionalism by : Edward A. Purcell, Jr.

Download or read book Antonin Scalia and American Constitutionalism written by Edward A. Purcell, Jr. and published by Oxford University Press. This book was released on 2020-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment. This book argues that Scalia applied his jurisprudential theories in inconsistent and contradictory ways and often ignored, distorted, or abandoned the interpretive methods he proclaimed to reach the results he sought, results that were aligned with and supported by the post-Reagan Republican coalition. Scalia was far more consistent in enforcing such ideologically compatible results than he was in following his proclaimed jurisprudential theories. Finally, assessing Scalia's historical significance, Antonin Scalia and American Constitutionalism argues that his jurisprudence and career are particularly illuminating because they exemplify--contrary to his persistent claims--three paramount characteristics of American constitutionalism: the inherent inadequacy of originalism and other formal interpretive methodologies to produce consistent and correct answers to controverted constitutional questions; the close relationship that exists, particularly so in Scalia's case, between constitutional theories and interpretations on one hand and substantive political goals and values on the other; and the unavoidably living nature of American constitutionalism itself. All in all, Scalia stands as a towering figure of irony because his judicial career deconstructed the central claims of his own jurisprudence.

Earl Warren and the Struggle for Justice

Author : Paul Moke
Publisher : Lexington Books
ISBN 13 : 1498520146
Total Pages : 407 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Earl Warren and the Struggle for Justice by : Paul Moke

Download or read book Earl Warren and the Struggle for Justice written by Paul Moke and published by Lexington Books. This book was released on 2015-10-08 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Earl Warren and the Strugglefor Justice explores the remarkable life of one of the leading public figures and jurists of twentieth century America. Based on newly available source materials, it traces Warren’s progressive vision of government from its origins in the fight against urban corruption in Oakland, California during the 1930s to its culmination in the effort to professionalize public school administration, law enforcement, and the management of the electoral process under the auspices of the U.S. Constitution. Although Warren’s major social justice decisions strengthened democracy at a crucial juncture in American and world history, in times of crisis his excessive deference to national security officials sometimes jeopardized other core human rights, as shown in his approaches to the Japanese internment and the investigation into the assassination of President John Kennedy. The book offers accessible and fresh insights into the dynamics of the Supreme Court and the accomplishments of Earl Warren, the man, jurist, and political leader.

Robert H. Jackson

Author : Gail Jarrow
Publisher : Astra Publishing House
ISBN 13 : 1590785118
Total Pages : 129 pages
Book Rating : 4.5/5 (97 download)

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Book Synopsis Robert H. Jackson by : Gail Jarrow

Download or read book Robert H. Jackson written by Gail Jarrow and published by Astra Publishing House. This book was released on 2008-06-01 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kirkus Reviews Best Book Bank Street College of Education Best Book of the Year Meet Robert H. Jackson in an engaging biography, the first published in over fifty years. For four hours on November 21, 1945, the world watched and listened as Justice Robert H. Jackson, on leave from the U.S. Supreme Court, introduced the Allies' case against the high-ranking Nazi leadership at the Nuremberg Trial. For the first time, a country's leaders were being tried for war crimes, in large part owing to Jackson's efforts. Acclaimed author Gail Jarrow's biography Jackson details the personal journey of this extraordinary man from his childhood in rural New York; to President Franklin D. Roosevelt's New Deal inner circle during the Great Depression; to the position of attorney general while the nation prepared for World War II; to the Supreme Court bench when it ruled on such significant cases as Brown v. Board of Education of Topeka; and to chief U.S. prosecutor at the Nuremberg Trial. Despite his remarkable accomplishments, Jackson never attended college or earned a law degree. Using primary sources—including Jackson's papers in the Library of Congress and materials from the Robert H. Jackson Center in Jamestown, New York—Jarrow tells the fascinating story of a lawyer and judge dedicated to the rule of law. A timeline, bibliography, source notes, additional resources, and index are included.

The Constitution

Author : Michael Paulsen
Publisher : Basic Books
ISBN 13 : 0465093299
Total Pages : 384 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis The Constitution by : Michael Paulsen

Download or read book The Constitution written by Michael Paulsen and published by Basic Books. This book was released on 2017-01-03 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history. The Constitution: An Introduction is the definitive modern primer on the US Constitution. Michael Stokes Paulsen, one of the nation’s most provocative and accomplished scholars of the Constitution, and his son Luke Paulsen, a gifted young writer and lay scholar, have combined to write a lively introduction to the supreme law of the United States, covering the Constitution’s history and meaning in clear, accessible terms. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors provide correctives to the shallow myths and partial truths that pervade so much popular treatment of the Constitution, from school textbooks to media accounts of today’s controversies, and offer powerful insights into the Constitution’s true meaning. A lucid and engaging guide, The Constitution: An Introduction provides readers with the tools to think critically and independently about constitutional issues—a skill that is ever more essential to the continued flourishing of American democracy.

The Unpublished Opinions of the Warren Court

Author : the late Bernard Schwartz
Publisher : Oxford University Press
ISBN 13 : 0195365208
Total Pages : 483 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Unpublished Opinions of the Warren Court by : the late Bernard Schwartz

Download or read book The Unpublished Opinions of the Warren Court written by the late Bernard Schwartz and published by Oxford University Press. This book was released on 1985-09-26 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important contribution to constitutional literature, this collection of ten unpublished decisions by the Warren Court puts the decision making process of the Supreme Court in a new light. By following the major changes that occur in each case from the circulation of tentative majority opinions to the final issuance of opinion, the book portrays how the justices communicate with each other and how they are influenced by each other's arguments. Interpretations and commentaries by the author illuminate the significance of each case and provide insight into the different judicial philosophies and personal styles of the justices. This book will be of substantial value to law schools, law libraries, bar associations, and lawyers practicing in the field of constitutional law.

The Unpublished Opinions of the Warren Court

Author : Bernard Schwartz
Publisher : Oxford University Press, USA
ISBN 13 : 0195035631
Total Pages : 483 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis The Unpublished Opinions of the Warren Court by : Bernard Schwartz

Download or read book The Unpublished Opinions of the Warren Court written by Bernard Schwartz and published by Oxford University Press, USA. This book was released on 1985 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important contribution to constitutional literature, this collection of ten unpublished decisions by the Warren Court puts the decision making process of the Supreme Court in a new light. By following the major changes that occur in each case from the circulation of tentative majority opinions to the final issuance of opinion, the book portrays how the justices communicate with each other and how they are influenced by each other's arguments. Interpretations and commentaries by the author illuminate the significance of each case and provide insight into the different judicial philosophies and personal styles of the justices. This book will be of substantial value to law schools, law libraries, bar associations, and lawyers practicing in the field of constitutional law.

Advising the President

Author : William R. Casto
Publisher : University Press of Kansas
ISBN 13 : 0700627081
Total Pages : 224 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Advising the President by : William R. Casto

Download or read book Advising the President written by William R. Casto and published by University Press of Kansas. This book was released on 2018-10-29 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: President George W. Bush authorized the use of torture. President Barack Obama directed the extrajudicial killing of an American citizen in Yemen. What President Donald Trump will do remains to be seen, but it is broadly understood that a president might test the limits of the law in extraordinary circumstances—and does so with advice from legal counsel. Advising the President is an exploration of this process, viewed through the experience of President Franklin D. Roosevelt and Robert H. Jackson on the eve of World War II. The book directly and honestly grapples with the ethical problems inherent in advising a president on actions of doubtful legality; eschewing partisan politics, it presents a practical, realistic model for rendering—and judging the propriety of—such advice. Jackson, who would go on to be the chief US prosecutor at the Nuremberg war crimes trials, was the US solicitor general from 1938–1940, US attorney general from 1940–1941, and Supreme Court justice from 1941–1954. William R. Casto uses his skill and insight as a legal historian to examine the legal arguments advanced by Roosevelt for controversial wartime policies such as illegal wiretapping and unlawful assistance to Great Britain, all of which were related to important issues of national security. Putting these episodes in political and legal context, Casto makes clear distinctions between what the adviser tells the president and what he tells others, including the public, and between advising the president and subsequently facilitating the president’s decision. Based upon the real-life experiences of a great attorney general advising a great president, Casto’s timely work presents a pragmatic yet ethically powerful approach to giving legal counsel to a president faced with momentous, controversial decisions.