Download or read book Oliver Wendell Holmes A Life in War Law and Ideas written by Stephen Budiansky and published by W. W. Norton & Company. This book was released on 2019-05-28 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” —Steve Donoghue, Christian Science Monitor Oliver Wendell Holmes escaped death twice as a young Union officer in the Civil War. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. During his nearly three decades on the Supreme Court, he wrote a series of opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court’s reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law. As an enthusiastic friend, he wrote thousands of letters brimming with an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky offers the fullest portrait yet of this pivotal American figure.
Download or read book Oliver Wendell Holmes Jr Legal Theory and Judicial Restraint written by Frederic R. Kellogg and published by Cambridge University Press. This book was released on 2011-06-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.
Download or read book The Essential Holmes written by Oliver Wendell Holmes and published by University of Chicago Press. This book was released on 1996 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes, Jr., has been called the greatest jurist and legal scholar in the history of the English-speaking world. In this collection of his speeches, opinions, and letters, Richard Posner reveals the fullness of Holmes' achievements as judge, historian, philosopher, and master of English style. Thematically arranged, the volume covers a rich variety of subjects from aging and death to themes in politics, personalities, and law. Posner's substantial introduction firmly places this wealth of material in its proper biographical and historical context. "A first-rate prose stylist, [Holmes] was perhaps the most quotable of all judges, as this ably edited volume shows."—Washington Post Book World "Brilliantly edited, lucidly organized, and equipped with a compelling introduction by Judge Posner, [this book] is one of the finest single-volume samplers of any author's work I have seen. . . . Posner has fully captured the acrid tang of him in this masterly anthology."—Terry Teachout, National Review "Excellent. . . . A worthwhile contribution to current American political/legal discussions."—Library Journal "The best source for the reader who wants a first serious acquaintance with Holmes."—Thomas C. Grey, New York Review of Books
Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1909 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Without Values written by Albert W. Alschuler and published by University of Chicago Press. This book was released on 2000 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.
Download or read book The Mind and Faith of Justice Holmes written by Oliver Wendell Holmes and published by Transaction Publishers. This book was released on 1946 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Great Dissent written by Thomas Healy and published by Macmillan. This book was released on 2013-08-20 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero.
Download or read book Oliver Wendell Holmes written by G. Edward White and published by Oxford University Press. This book was released on 2000-01-20 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: An influential justice who refused to bow to politics and devoted his keen mind to the U.S. Supreme Court until the age of 90, Oliver Wendell Holmes (1841-1935) helped formulate some of the most progressive judicial thought in 20th-century American history. G. Edward White first sketches Holmes's early years-his childhood in Boston, undergraduate years at Harvard, and his valiant service in the Civil War, during which he was severely wounded three times. After the war, Holmes went into private law practice, wrote his landmark treatise The Common Law in 1881, had a short tenure on the Harvard Law School faculty, and spent 20 years as a judge on the Supreme Judicial Court of Massachusetts before being named to the U.S. Supreme Court. The author focuses on his remarkable 30-year service as a Supreme Court Justice, beginning in 1902, and details Holmes's most significant cases--Abrams v. United States, Northern Securities Co. v. United States, Lochner v. New York, Schenck v. United States, and others--which limited working hours, set a mandatory minimum wage, protected women's rights, legalized labor unions, and defined freedom of speech.OXFORD PORTRAITS are informative and insightful biographies of people whose lives shaped their times and continue to influence ours. Based on the most recent scholarship, they draw heavily on primary sources, including writings by and about their subjects. Each book is illustrated with a wealth of photographs, documents, and memorabilia, framing the personality and achievements of its subject against the backdrop of history.
Download or read book Honorable Justice The Life of Oliver Wendell Holmes written by Sheldon Novick and published by Plunkett Lake Press. This book was released on 2019-07-31 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eBook edition of this fine biography is now available. The print edition garnered extraordinary praise; a new preface brings this eBook edition up to date. Oliver Wendell Holmes, Jr. aspired to be a poet and philosopher, was wounded in the Civil War, courted aristocratic women, became one of the greatest judges in American history, and lived long enough to give advice to Franklin Delano Roosevelt. We see though Holmes’s eyes, and his searching intelligence, almost a century of American history and the slow growth of a new understanding of the Constitution. “An ideal biography for the intelligent general reader... the fascination [Holmes] exerts, a combination of toughness and style, shines through this book.” — The New Yorker “[Novick] is the type of scholar who, though trained in law, asks Harvard’s Arnold Herbarium to identify some leaves pressed into an old love letter... One opens his book with high hopes, and as chapter follows masterly chapter the hopes mature into admiration of author and awe of subject.” — Edmund Morris, The New York Times “The book’s strength lies in its fast-paced vividness of narrative and its steadiness of belief in the wholeness and stature of Holmes as a man... Novick tells Holmes’s story with verve, insight, and a command of his material. Even his footnotes capture the reader.” — Max Lerner, The New Republic “[Holmes’s life] is stuff for great biography and Sheldon M. Novick has given us just that... a work of original and exact scholarship... concise and readable, yet provides enough historical and legal background to enable the nonspecialist to read the book with comprehension and pleasure.” — Hon. Richard A. Posner, The Wall Street Journal
Download or read book Justice Oliver Wendell Holmes written by G. Edward White and published by Oxford University Press. This book was released on 1995-11-16 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.
Download or read book In the Opinion of the Court written by William Domnarski and published by University of Illinois Press. This book was released on 1996 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.
Download or read book Restitution written by Ward Farnsworth and published by University of Chicago Press. This book was released on 2014-10-14 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Restitution is the body of law concerned with taking away gains that someone has wrongfully obtained. The operator of a Ponzi scheme takes money from his victims by fraud and then invests it in stocks that rise in value. Or a company pays a shareholder excessive dividends or pays them to the wrong person. Or a man poisons his grandfather and then collects under the grandfather’s will. In each of these cases, one party is unjustly enriched at the expense of another. And in all of them the law of restitution provides a way to undo the enrichment and transfer the defendant’s gains to a party with better rights to them. Tort law focuses on the harm, or costs, that one party wrongfully imposes on another. Restitution is the mirror image; it corrects gains that one party wrongfully receives at another’s expense. It is an important topic for every lawyer and for anyone else interested in how the legal system responds to injustice. In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.
Download or read book The Collected Legal Papers written by Oliver Wendell Holmes and published by Courier Corporation. This book was released on 2012-11-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Supreme Court justice for four decades, Holmes is renowned for his learning, judgment, and eloquence, as reflected in this compilation of 26 of his papers and addresses.
Download or read book Wasting a Crisis written by Paul G. Mahoney and published by University of Chicago Press. This book was released on 2016-11-11 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Securities Regulation Reassessed, Paul Mahoney shows that policy responses to financial crises are broadly similar across place and time: political actors, hoping to avoid blame for a financial crisis, create a narrative of market failure, arguing that misbehavior by securities market participants, rather than prior policy errors, is the primary cause of the crisis. Politically obliged regulators craft reforms that purport to solve problems which are either non-existent or only tangentially related to the crisis; yet they increase the complexity and expense of compliance, resulting in consolidation and concentration of market share in the hands of already leading financial firms. Securities Regulation Reassessed illustrates these points primarily but not exclusively with evidence from the New Deal-era securities reforms in the United States. Against the conventional wisdom that regards the New Deal reforms as successful, Mahoney provides substantial countervailing evidence, showing instead that Congress’s diagnoses were systematically inaccurate and its remedies reduced competition in the securities industry. Looking farther into history, the work treats several key episodes prior to the New Deal, including the English financial crises of 1697 and 1720 and the "blue sky” era of the 1910s and 1920s in the United States. Finally, Mahoney considers the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Act of 2010 from the same analytical perspective. Mahoney finds a predictable pattern for efforts at securities reform: they require huge effort to enact, and yield little objectively measurable payoff and some objectively measurable harm.
Download or read book The Myth of the Litigious Society written by David M. Engel and published by University of Chicago Press. This book was released on 2016-09-16 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the United States is often called the Land of the Law Suit, in reality Americans hardly sue at all. In fact, when it comes to physical injuries, over 90% of the time, we--as David M. Engel points out in his engaging and provocative book--simply lump it, making no claims against either the injurers or their insurance companies. Bringing to bear an impressive array of research and data, Engel firmly and persuasively demolishes the pervasive myth of the litigious American. But why don t most people sue whey they have been wrongfully physically injured? We have in fact a mystery, what Engel calls The Case of the Missing Plaintiff. The solution his investigation leads us to is as fascinating as it is unexpected. Engel reconstructs how people who suffer injuries actually react to them. When real people experience physical injuries, their lives, thoughts, and emotions are profoundly disrupted and compromised. They often have difficulty thinking clearly and acting decisively. Human nature, our immediate friends and families, and broader social and cultural factors all tend again injury victims making claims. And as often as one might have heard of victim-blaming, self-blame is one of the most common reactions of victims to their injuries. Ultimately Engel shows that the proliferation of law and regulations in our society is not the problem. The real problem is the law s failure to protect those who suffer wrongful injuries. Tort law is usually said to serve three purposes that even those who want to curtail law suits would agree on: to compensate losses suffered by injury victims, to deter unnecessarily risky and harmful behavior, and to correct the moral injustice that results when one person or group injures another. Engel s book clearly and powerfully shows that none of these purposes is being met and concludes his investigation with recommendations for how they might be."
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Download or read book Freedom for the Thought That We Hate written by Anthony Lewis and published by ReadHowYouWant.com. This book was released on 2010 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.
