Download or read book Judge Learned Hand and the Role of the Federal Judiciary written by Kathryn P. Griffith and published by . This book was released on 1973-06 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Learned Hand was a federal judge from 1909 to 1951. He served for fifteen years as a district court judge and for twenty,seven years as judge of the United States Circuit Court, Second Circuit, sitting in New York City. This text reviews his opinions especially those relating to the proper function of the federal courts and his defense of the doctrine of judicial restraint.
Download or read book Judge Learned Hand and the Role of the Federal Judiciary written by Kathryn P. Griffith and published by Norman : University of Oklahoma Press. This book was released on 1973 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Learned Hand was a federal judge from 1909 to 1951. He served for fifteen years as a district court judge and for twenty,seven years as judge of the United States Circuit Court, Second Circuit, sitting in New York City. This text reviews his opinions especially those relating to the proper function of the federal courts and his defense of the doctrine of judicial restraint.
Download or read book Learned Hand s Court written by Marvin Schick and published by JHU Press. This book was released on 2019-12-01 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1970. This is a study of one of the most highly respected tribunals in the history of the English-speaking world—the United States Court of Appeals for the Second Circuit. Situated in Manhattan, the Second Circuit Court, serving New York, Connecticut, and Vermont, is the most important commercial court in the country. But, like other inferior courts, it has never been studied in depth. Marvin Schick provides a comprehensive analysis. From 1941 to 1951, Learned Hand presided over the Second Circuit as chief judge, and the court bore his stamp. But on its bench sat other men of great competence, judges Thomas W. Swan, August N. Hand, and Harrie B. Chase, as well as Charles E. Clark and Jerome N. Frank, whose constant disagreement characterized much of the court's work. Schick studies the Second Circuit Court from several angles: historical, biographical, behavioral, and case analytical. He tells a history of the court from its origins in 1789. He provides biographical sketches of the six judges who sat during Learned Hand's tenure as chief judge. He analyzes the many decisions handed down by the court, including the precedent setters. He examines the court's decision-making process, especially its unique procedures such as the memorandum system, which requires from the judges "preliminary opinions" in the cases they hear. A novel feature of this book is the correlation of votes of the Second Circuit judges with subsequent decisions of the Supreme Court. Schick was aided in his study by having access to the private papers of Judge Clark. These thousands of memoranda and letters throw much light on the workings of the Second Circuit Court and reveal the bargaining that went on among the judges in difficult cases. The Clark papers make possible a clearer understanding of the incessant conflict between Clark and Frank and show how this unusual relationship gave vitality to the Second Circuit.
Download or read book Reason and Imagination written by Learned Hand and published by Oxford University Press. This book was released on 2013-01-17 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reason and Imagination: The Selected Correspondence of Learned Hand provides readers with an intimate look into the life and mind of Judge Learned Hand, an icon in American Law. This new book brings to light previously unpublished letters and gives readers insight into Hand's thoughts on American jurisprudence and policy. This new collection includes a preface by Ronald Dworkin.
Download or read book Learned Hand written by Gerald Gunther and published by Alfred A. Knopf. This book was released on 1994 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout his life, Hand believed himself unworthy of the accolades bestowed upon him; self-doubt permeated all aspects of his life.
Download or read book Learned Hand written by Gerald Gunther and published by Oxford University Press. This book was released on 2010-06-24 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: Billings Learned Hand was one of the most influential judges in America. In Learned Hand: The Man and the Judge, Gerald Gunther provides a complete and intimate account of the professional and personal life of Learned Hand. He conveys the substance and range of Hand's judicial and intellectual contributions with eloquence and grace. This second edition features photos of Learned Hand throughout his life and career, and includes a foreword by Ruth Bader Ginsburg. Gunther, a former law clerk for Hand, reviewed much of Hand's published work, opinions, and correspondence. He meticulously describes Hand's cases, and discusses the judge's professional and personal life as interconnected with the political and social circumstances of the times in which he lived. Born in 1872, Hand served on the United States District Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit. He clearly crafted and delivered thousands of decisions in a wide range of cases through extensive, conscientious investigation and analysis, while at the same time exercising wisdom and personal detachment. His opinions are still widely quoted today, and will remain as an everlasting tribute to his life and legacy.
Download or read book Judge Learned Hand an Examination of His Philosophy and Its Implications for the American Judiciary written by Kathryn Pearcy Griffith and published by . This book was released on 1967 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judge Learned Hand written by Richard Lee Hough and published by . This book was released on 1957 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Judges written by Martin Mayer and published by Truman Talley Books. This book was released on 2014-01-07 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our courts, the third branch of the government, are central in the administration of our democracy. But their operations are shrouded in a mythology with its ritual incantations of "rule of law," "equal justice" and "presumption of innocence"--one that this book pierces. We have 30,000 judges. Many are hard-working and distinguished jurists; most are simply lawyers who knew a politician. It does not help that the job pays poorly. We have no judicial profession: we do not train judges before or after they mount the bench. There is no national court system. Fifty sovereign states, a federal government, counties and municipalities and state and federal agencies all have their own courts, their own rules and not infrequently their own laws and are deluged with cases filed by a million lawyers. Today, less than 3% of criminal charges and 4% of civil disputes are resolved by court trials. The noted author argues that a specialized world demands specialized courts and judges expert in the subjects they must consider. Following the leadership of Chief Judge Judith Kaye of New York's highest court, the Conference of Chief Justices from all fifty states has endorsed her use of "problem-solving courts" to take the judiciary into the twenty-first century. The Judges is Martin Mayer's most important book from many successful titles dating from the 1950s. It opens up a debate that will occupy scholars, justices, many of the one million lawyers in our country, and law school professors and students for years to come.
Download or read book Learned Hand written by Gerald Gunther and published by . This book was released on 1997-04-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A Masterful, moving account of the life and work of one of the great judges of the twentieth century, whose work has left a profound mark on our legal, intellectual, and social landscape. The greatest judge never to be appointed to the Supreme Court, Learned Hand is widely considered the peer of Justices Holmes, Brandeis, and Cardozo. In his more than fifty years on the bench, he left an unequaled legacy of lastingly influential writings. This distinctive biography goes well beyond Hand's official work, however, to depict both a complex human being and the times in which he lived. The first to draw on the enormous collection of the judge's private papers, the eminent constitutional scholar Gerald Gunther vividly portrays a public man consumed by private doubts. Gunther's lively account moves from Hand's childhood in a formidable (and anxiety-producing) family of lawyers to his years at Harvard as a studious outsider, his frustrating experience in private law practice, his felt inadequacies in marriage, and his work as a federal judge. Throughout his life, Hand believed himself unworthy of the accolades bestowed upon him; self-doubt permeated all aspects of his life. Gunther subtly explores the ties between the modest, uncertain man -- a liberal skeptic who was never "too sure [he was] right" -- and his public record, and suggests that Hand's personal traits shaped his modest approach to judging: the questioning human being could not help acting that way as a judge. Hand's most enduring legacy is his advocacy of judicial restraint: repeatedly he sounded the dangers of excessive activism in unelected judges. Yet he mustered the courage to support such basic values as freedom ofexpression -- from his personally costly defense of dissenters amid the hysteria of World War I to his strong affirmation of free speech in his rulings on obscenity and his outspoken attacks on McCarthyism in the 1950s. This biography also offers the perspective of one of this era's most sensitive public figures on the rich political and social history of the first six decades of the twentieth century. By examining Hand's voluminous correspondence with such acquaintances as Walter Lippmann, Felix Frankfurter, and Herbert Croly (with whom he was a founding contributor to The New Republic), Gunther illuminates Hand's intense involvement with the public issues of his times, such as his enthusiastic support of Theodore Roosevelt's Progressive party. Gunther gives us a graphic portrait of a complex and uncommon man whose thoughts and words inspired generations of Americans and continue to do so today.
Download or read book Reflections on Judging written by Richard A. Posner and published by Harvard University Press. This book was released on 2013-10-07 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Download or read book The Spirit of Liberty written by Learned Hand and published by . This book was released on 1959 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Learned Hand, by general consent, is one of the most distinguished living Americans. It seemed to Irving Dillard, editor of the editorial page of the St. Louis Post-Dispatch (1949-57), that Judge Hand's non-legal addresses and papers ought to be available in volume form -- and this book is the result. Here, in speeches and articles covering a time-span of sixty-five years, is one of the truly liberal, incisive, and human voices of American life. On such subjects as justice, tolerance, democracy, liberty; on such men as Holmes, Brandeis, Cardozo, Stone, and Hughes; on the preservation of personality, the existence of a common will, the meaning of Americanism -- Judge Hand's living words are creative words with profound and enduring significance. Irving Dillard has supplied an Introduction that is a tribute to Learned Hand, and has prefaced each one of the forty-one addresses and papers with an informative note. The Spirit of Liberty is a heartening book for all Americans.
Download or read book Rethinking the Judicial Settlement of Reconstruction written by Pamela Brandwein and published by Cambridge University Press. This book was released on 2011-02-21 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
Download or read book Judges and Their Audiences written by Lawrence Baum and published by Princeton University Press. This book was released on 2009-01-10 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.
Download or read book Judge Richard S Arnold written by Polly J. Price and published by Prometheus Books. This book was released on 2009-09-25 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through internal court documents, interviews, and Arnold's diaries, Price traces the former judge's life, career, and political transformation from an elite Southerner with deep misgivings about "Brown v. Board of Education" to a modern champion of civil rights.
Download or read book The Bill of Rights written by Learned Hand and published by . This book was released on 1965 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book In Commemoration of Fifty Years of Federal Judicial Service by the Honorable Learned Hand written by United States. Court of Appeals (2nd Circuit) and published by . This book was released on 1959 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
