JOHN MARSHALL HARLAN GREAT DISSENTER OF THE WARREN COURT

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John Marshall Harlan

Author : Tinsley E. Yarbrough
ISBN : 9780195060904
Genre : Biography & Autobiography
File Size : 34.43 MB
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Describes the life and times of the Republican judge who opposed the liberal expansion of civil liberties advocated by the Warren Court, from his privileged childhood to his days at Princeton and Oxford, to his stormy legal career
Category: Biography & Autobiography

Judicial Enigma

Author : Tinsley E. Yarbrough
ISBN : STANFORD:36105009814810
Genre : Biography & Autobiography
File Size : 89.27 MB
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In the decades that followed Reconstruction, the Supreme Court struck down civil rights legislation, validated Jim Crow laws, and stopped the government from regulating big business in almost any form. One justice, however, stood against the conservative trend: John Marshall Harlan. His advocacy of a color-blind Constitution in his powerful dissents established a rich legacy that was validated decades later by the Warren Court. But behind the legal opinions, the great dissenter was a complex, enigmatic, even contradictory man. In Judicial Enigma, Tinsley E. Yarbrough offers the most complete portrait we have ever had of this critical figure. He follows Harlan from antebellum Kentucky, when he was an outspoken Whig and Unionist, through his exploits as a colonel in the Civil War, to his political career before his appointment to the Court in 1877. Harlan's early life presents a fascinating contrast to his later stands on civil rights. Yarbrough shows, for example, that Harlan maintained a wary relationship with his black half-brother Robert (who rose to wealth during the California gold rush and to influence as a prominent Ohio Republican). The future justice also spouted openly racist language as he campaigned in postwar Kentucky--reflecting views he never entirely discarded. Even in later life, the man who became the Court's greatest moral force was not above using his position to escape his many creditors; he also did nothing to save his alcoholic, opium-addicted brother James from dying in a Kentucky almshouse. Yet moral force he was, and Yarbrough deftly explores his astonishing record as he dissented against a roster of decisions that are now considered a roll-call of error and injustice: Plessy vs. Ferguson (validating Jim Crow laws), Lochner vs. New York (overturning a law limiting working hours), the Sugar Trust Case (gutting the Sherman Antitrust Act), and many more. And yet, even here Harlan remained an enigma; as Yarbrough shows, he sometimes contradicted the same sentiments that have since sanctified his memory. In biographies of Justice Hugo Black, Judge Frank Johnson, J. Waties Waring, and John Marshall Harlan's grandson, the second Justice Harlan, Yarbrough has shown himself to be a gifted chronicler of the great figures of American law. In this volume, he offers the most insightful account of the man still remembered as the great dissenter.
Category: Biography & Autobiography

Confirmation Wars

Author : Benjamin Wittes
ISBN : 074255144X
Genre : Political Science
File Size : 48.24 MB
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The problem, Wittes argues, lies both in the extortionate quality of modern confirmations - in which senators make their votes contingent on reassurance by the nominees about substantive areas of concern - and in the possibility that the breakdown of the confirmation process represents a far larger effort by the Senate to rein in judicial power."--BOOK JACKET.
Category: Political Science

The Warren Court A Retrospective

Author : the late Bernard Schwartz
ISBN : 0195355849
Genre : Law
File Size : 69.63 MB
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A judge-made revolution? The very term seems an oxymoron, yet this is exactly what the Supreme Court under Chief Justice Earl Warren achieved. In Bernard Schwartzs latest work, based on a conference at the University of Tulsa College of Law, we get the first retrospective on the Warren Court--a detailed analysis of the Courts accomplishments, including original pieces by well-known judges, professors, lawyers, popular writers such as Anthony Lewis, David Halberstam, David J. Garrow, and a rare personal remembrance by Justice William J. Brennan, Jr. The Warren Court: A Retrospective begins with an examination of the Courts decisions in a variety of different fields, such as equal protection, freedom of speech, freedom of the press, and criminal law. The work continues with The Justices, an intimate look at the principal protagonists in the Courts operation. Then, in A Broader Perspective, the book looks at the Court from an historical perspective, demonstrating its impact on the legal profession and jurisprudence, its international impact, and its legacy. Both readable and informative, The Warren Court: A Retrospective provides an invaluable source for anyone interested in the Court that did so much to change America.
Category: Law

Justice Lewis F Powell Jr

Author : John Calvin Jeffries
ISBN : 0823221105
Genre : Biography & Autobiography
File Size : 42.85 MB
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Justice Lewis F. Powell, Jr. is an absorbing and readable biography of one of the most important Supreme Court Justices since World War II.
Category: Biography & Autobiography

Dissent And The Supreme Court

Author : Melvin I. Urofsky
ISBN : 9780307741325
Genre : Law
File Size : 54.51 MB
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In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court's long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court's majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean and fashioning subsequent decisions--largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous & now overturned case of Dred Scott v. Sanford (1857) during which Chief Justice Roger Taney's opinion upheld slaver and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Category: Law

The Supreme Court And The Fourth Amendment S Exclusionary Rule

Author : Tracey Maclin
ISBN : 9780199996438
Genre : Law
File Size : 35.41 MB
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The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking. Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.
Category: Law

Commentaries

Author :
ISBN : STANFORD:36105061782145
Genre : Law
File Size : 86.14 MB
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Category: Law