Document Type

Review

Publication Date

1964

Abstract

Professor Hyneman's book represents still another entry in the current debate over the proper role of judicial review in a democratic society.' Although he approaches this subject via an analysis of several recent attacks upon the United States Supreme Court, Professor Hyneman essentially deals with the same topics-the legitimacy of judicial review, the proper standards applicable to constitutional adjudication, and the alleged departure of the school segregation cases2 from those standards-that have served as the subject of several books and at least a score of articles published within the past five years.3 Indeed the writing in this area has grown so voluminous that it is difficult for anyone except a full-time student of constitutional law to read it all. Accordingly, any evaluation of a new book in this area must take into account the "competition." Judged in this light, The Supreme Court on Trial, while a fairly interesting and possibly useful volume, hardly ranks as "essential reading" for the lawyer who is interested in the subject of judicial review. Professor Hyneman obviously has produced a better work than several other authors dealing with the same topic, 4 but, in my opinion, his contribution still falls far short of the excellence of the best literature in this field.5


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