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2 - The Landscapes that Towering Judges Tower Over

Published online by Cambridge University Press:  25 March 2021

Rehan Abeyratne
Affiliation:
The Chinese University of Hong Kong
Iddo Porat
Affiliation:
College of Law and Business (Israel)
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Summary

This chapter uses examples from the United States to sketch these and other aspects of toweringness as a relational concept. It examines toweringness as a relation between one judge and his or her colleagues, using brief case studies from the New Deal era, which show judges as dependent upon the historical circumstances in which they find themselves, and a case study of the relation between William J Brennan and Earl Warren, showing an aspect of a court’s bureaucratic or institutional organization with a discussion of law clerks and opinion-drafting, and as subject to re-evaluation using Felix Frankfurter as an example.

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Chapter
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Towering Judges
A Comparative Study of Constitutional Judges
, pp. 40 - 55
Publisher: Cambridge University Press
Print publication year: 2021

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