HORWlTZ, THE WARREN COURT
AND THE PURSUIT OF JUSTICE (1998) (outlining the "liberal" changes the Warren Court
created in America's civil liberties jurisprudence); THE WARREN COURT
IN HISTORICAL AND POLITICAL PERSPECTIVE (Mark Tushnet ed.
Simply put, the Warren Court
would not concede that creating equally well-funded institutions with equally well-financed facilities could insure equality of education.
Despite this record of success, though, the notion still lingers that the Warren Court
was essentially lawless.
Of particular interest has been search and seizure law, the subject of a number of cases that appeared in the fast vanishing shadow of the Warren Court
The essays that led to Democracy and Distrust were formulated as the Warren Court
gave way to the Burger Court.
The Warren Court
ended in 1968, and John Hart Ely took up the cudgels in its defense.
Ostensibly a respectably liberal Harvard law professor, Berger took the Warren Court
to task, arguing that the Court's tendency to minimize original intent was inconsistent with the notion of a written Constitution itself.
The answer is that only some nonessential features of the conservative case against Warren Court
depredations cut against Bush v.
Since the era of the Warren Court
, the Supreme Court has been at the center of some of our most explosive public policy issues, such as racial and gender preferences, prayers in school, aid to religious schools, partial-birth abortion, and single-sex education.
To illustrate the fast point, the author looks at the Warren court
debates over legislative apportionment, as exemplified in Baker, Wesberry, and Reynolds, and she concludes that the majority "justices attempted to develop nationalist solutions to citizenship dilemmas without challenging the institutional account of Reconstruction" (p.
That factor helps account for the proportion of cases in which the states are appellants rising from 16 percent in the Warren Court
to 56 percent in the Burger Court.
The mainstays of the basic course will be these Warren Court
cases: Mapp,(1) Miranda,(2) and Gideon(3) Antecedents of those cases get a passing glance.