California Supreme Court Historical Society newsletter · f a l l / winter 2015 Honoring JosepH r. grodin A “Far-Reaching and Scholarly Text” The History of the California Supreme Court watched around the world. We see the Court’s pio- Praise for Constitutional Governance and Judicial Power ustneering as California is a rulingsnational leader inon issues such as the status of women, SCHEIBER Jpolitics, economics, technology, and culture, the California Supreme Court is “This far-reaching and scholarly text weaves together many of the key social, cultural, constitutional guarantees regard ing law enforcement, one of the most important state courts in economic, and political themes of the first 150 years of California. It reveals how, during the country. Its doctrinal innovations have each era, the justices and the court evolved, reacted, and contributed to the development and Judicial Power Governance Constitutional the environment, civil rights and desegregation, affir- been cited by other courts—including the of law and society. There is much to learn in each chapter for all who are interested in U.S. Supreme Court—and watched intently history, governance, and the rule of law.” by themative press and the action,public. and tort liability law reform. Here too are Harry N. Scheiber is the Riesenfeld Chair —Tani Cantil-Sakauye, Chief Justice of the State of California Constitutional Professor of Law and History, Emeritus, and Constitutionalthe swings Governance in and the Court’s center of gravity, from periods “This is history with a heartbeat. The tensions and passions that have pervaded the work Chancellor’s Emeritus Professor, at the Uni- Judicial Power tells the story of this im- of the California Supreme Court for 165 years are related in symphonic fashion, by a of staunch conservatism to others of vigorous reform. versity of California, Berkeley, School of Law. Governance and portant institution, from its founding at the cadre of astute and insightful scholars. Lawyers and historians are truly blessed to have He also is director of the School’s Institute dawn of statehood to the modern-day era an authoritative reference for the historic strands of jurisprudence and personality that for Legal Research and previously served as of complexAnd rulings here on issues issuch theas tech- detailed history of an extraordinary continue to influence the course of justice in California.” president of the American Society for Legal nology, privacy, and immigrant rights. This History. He is author or editor of 14 books, politi cal controversy that centered on the death penalty —Gerald F. Uelmen, Professor of Law, Santa Clara University School of Law, and Judicial Power: comprehensive history includes giants of is a fellow of the American Academy of Arts co-author of Justice Stanley Mosk: A Life at the Center of California Politics and Justice the law, from Stephen J. Field, who became and Sciences, and has twice held Guggen- chiefand justice when the his predecessorrole of fled theChief Justice Rose Bird—a controversy heim Fellowships. “This masterful history of the California Supreme Court presents an epic narrative of The History of the state after killing a U.S. senator in a duel, to Ronaldthat George, led who voters guided the Courtto end Bird’s tenure on the bench. Contributing Authors one of the most important state supreme courts in the nation. Skillfully integrating jur- isprudential scholarship with social, economic, cultural, and political issues, this history California Supreme Court through same-sex marriage rulings watched Charles J. McClain, UC Berkeley around the world. We see the Court’s pio- Gordon M. Bakken, CSU Fullerton serves the even more comprehensive narrative of how California assembled itself through California has led the way in so many varied aspects law.” neering rulings on issues such as the status Lucy Salyer, University of New Hampshire of women,of American constitutional guarantees life, regard including- the law. Constitutional Gov- Harry N. Scheiber, UC Berkeley —Kevin Starr, University of Southern California ing law enforcement, the environment, civil Bob Egelko, The San Francisco Chronicle rightsernance and desegregation, and affirmative Judicial action, Power gathers together the many Molly Selvin, Stanford University “Comprehensive, thorough, and at times riveting, Constitutional Governance and Judicial and tort liability law reform. Here too are Power is essential to understanding the legal history of the nation’s largest state. In the the swings in the Court’s center of gravity, capable hands of editor Harry N. Scheiber, these essays trace the court from its humble fromstrands periods of staunch of conservatism legal tohistory that make up the amazing story beginnings in a San Francisco hotel through pivotal debates over slavery, water, divorce, others of vigorous reform. And here is the racial discrimination, immigration, the death penalty, and gay marriage. Through their detailedof history the of Californiaan extraordinary politi -Supreme Court. skillful interweaving of legal and political history, we see the colorful and singular nature cal controversy that centered on the death of California, whose great struggles often have been shaped, for better and for worse, by penalty and the role of Chief Justice Rose its Supreme Court.” Bird—aAbout controversy that ledthe voters to endEditor —Jim Newton, author of Justice for All: Earl Warren and the Nation He Made Bird’s tenure on the bench. California has led the way in so many varied Praise for Constitutional Governance and Judicial Power ust as California is a national leader in aspects of American life, including the law.Harry N. Scheiber is Chancellor’s Constitutional Governance and Judicial Power SCHEIBER politics, economics, technology, and gathers together the many strands of legalProfessor & Stefan A. Riesenfeld Pro- J history that make up the amazing story of Cover Design: Maria Wolf culture, the California Supreme Court is the California Supreme Court. fessor of Law and History, Emeritus, at Photo Credit: “The Commonwealth,” by Arthur “This far-reaching and scholarly text weaves together many of the key social, cultural, Mathews, The Santa Barbara Museum of Art, one of the most important state courts in Gift of Harold Wagner. Harry N. Scheiber, Editor the University of California, Berkeley, economic, and political themes of the first 150 years of California. It reveals how, during BP the country. Its doctrinal innovations have School of Law. He also is director of the each era, the justices and the court evolved, reacted, and contributed to the development and Judicial Power Governance Constitutional been cited by other courts—including the School’s Institute for Legal Research of law and society. There is much to learn in each chapter for all who are interested in U.S. Supreme Court—and watched intently and served previously as president of the American history, governance, and the rule of law.” Cover Design: Maria Wolf. Society for Legal History. He is the author or editor of 14 by the press and the public. Image Credit: “The Commonwealth,” by Arthur Harry N. Scheiber is the Riesenfeld Chair —Tani Cantil-Sakauye, Chief Justice of the State of California Constitutional books, is a fellow of the American Academy of Arts and Mathews, The Santa Barbara Museum of Art, Gift of Harold Wagner. ProfessorSciences, of andLaw hasand twice History, held Emeritus, Guggenheim and Fellowships. Constitutional Governance and “This is history with a heartbeat. The tensions and passions that have pervaded the work Chancellor’sMost recently, Emeritus in Professor, November at the2015, Uni he- received the Judicial Power tells the story of this im- of the California Supreme Court for 165 years are related in symphonic fashion, by a versity2015 of Berkeley California, Faculty Berkeley, Service School Award of Law. of the Berkeley Governance and portant institution, from its founding at the cadre of astute and insightful scholars. Lawyers and historians are truly blessed to have new book, sponsored by the California HeDivision also is director of the ofAcademic the School’s Senate Institute (given to two pro- dawn of statehood to the modern-day era an authoritative reference for the historic strands of jurisprudence and personality that Supreme Court Historical Society, is devoted forfessors Legal Researcheach year and among previously the served1,700 asfulltime faculty of complex rulings on issues such as tech- continue to influence the course of justice in California.” A to the remarkable history of the California presidentmembers) of thein Americanrecognition Society of an for“extraordinary Legal record nology, privacy, and immigrant rights. This History. He is author or editor of 14 books, Supreme Court. of distinguished service” during his 35-year career at —Gerald F. Uelmen, Professor of Law, Santa Clara University School of Law, and Judicial Power: comprehensive history includes giants of is a fellow of the American Academy of Arts Just as California is a national leader in politics, Berkeley, including “his many leadership roles at the co-author of Justice Stanley Mosk: A Life at the Center of California Politics and Justice the law, from Stephen J. Field, who became economics, technology, and culture, the California andSchool Sciences, of Law, and hishas contributionstwice held Guggen as member- and chair chief justice when his predecessor fled the heimof numerousFellowships. Academic Senate and system-wide com- Supreme Court is one of the most