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The Conscience
of the Court
Selected Opinions
of Justice William J. Brennan Jr. on Freedom and Equality
Edited
by Stephen L. Spinuck and Mary Pat Treuhart
June
ISBN
0-8093-2234-X / cloth / $39.95s
304 pages / 6 X 9
Legal Studies
The Conscience of the Court celebrates the work of Justice William J.
Brennan Jr., who served on the United States Supreme Court for thirty-four
years (1956 - 1990).
Stephen L. Sepinuck and Mary Pat Treuthart introduce and present selected
judicial opinions written by Justice Brennan on issues involving personal
freedom, civil liberties, and equality. Brennan is ranked by many as the
best writer ever to have served on the Supreme Court, and his written
opinions depict real people, often in desperate, emotional situations.
Remarkable for their clarity of analysis, for their eloquence, and for
their forcefulness and persuasiveness, his opinions demonstrate that judicial
thought need not be a proprietary enclave of lawyers or the intellectual
elite.
The extended excerpts selected by Sepinuck and Treuthart highlight Brennan's
approach to judicial decision making. Concerned always with how each decision
would actually affect people's lives, Brennan possessed a rare quality
of empathy. In Brennan, the editors note, "people and groups who
lacked influence in societyCommunists and flag burners, children
and foreigners, criminal defendants and racial minorities"found
a champion they could count on "to listen to their causes and judge
them unmoved by the passions of the politically powerful."
In their introduction to each opinion, the editors provide background
facts, discuss how the excerpted opinion transformed the law or otherwise
fit into the realm of constitutional jurisprudence, and delve into Justice
Brennan's judicial philosophy, his method of constitutional interpretation,
and the language he used.
Stephen L. Sepinuck is a professor and associate dean at Gonzaga
University School of Law in Spokane, Washington.
Mary Pat Treuthart is a professor at Gonzaga University School
of Law.
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