Download or read book The Mind and Faith of Justice Holmes written by Max Lerner and published by Routledge. This book was released on 2017-09-29 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reprint of the Little, Brown edition of 1943. Acidic paper. Annotation copyright Book News, Inc. Portland, Or.

Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.

Download or read book Revisiting the Constitution written by Elizabeth Renzulli and published by WestBowPress. This book was released on 2013-12-13 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The founding fathers offer their views on gun control, government and religion, immigration, legalization of narcotics, taxes, redistribution of wealth, term limits, judicial fiat, supreme court rulings and a host of other topics that concern todays citizenry. More than 224 years have passed since the forefathers of our great nation framed an enduring and supreme law, the United States Constitution. Revisiting the Constitution is nothing short of a passport through time, providing a historically accurate and unique perspective of the magnificent discourse which surrounded the creation of this time-honored doctrine. Any American citizen seeking a deeper understanding of the nations moral, legal, and governmental underpinnings can learn from such an outstanding text. Moreover, the words and enlightenment within come directly from authors such as Jefferson, Franklin, Madison, and Hamilton. Revisiting the Constitution should be everywhere, from eighth-grade civics classrooms to constitutional law libraries. Dr. Ed Massey, president of Indian River State College, Florida Revisiting the Constitution should be mandatory reading in high school and college and recommended reading in every American household. Elizabeth Renzullis masterpiece is an important work for everyone who loves and respects the United States of America. Ken Pruitt, Florida Senate president 20062008.

Download or read book Vignettes of Legal History written by Julius J. Marke and published by . This book was released on 2000 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book BRIDESHEAD REVISITED THE SACRED AND PROFANE MEMORIES OF CAPTAIN CHARLES RYDER written by Evelyn Waugh and published by Alien Ebooks. This book was released on 2023-06-01 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Oliver Wendell Holmes Jr Pragmatism and the Jurisprudence of Agon written by Allen Mendenhall and published by Bucknell University Press. This book was released on 2016-12-14 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that Oliver Wendell Holmes Jr., helps us see the law through an Emersonian lens by the way in which he wrote his judicial dissents. Holmes’s literary style mimics and enacts two characteristics of Ralph Waldo Emerson’s thought: “superfluity” and the “poetics of transition,” concepts ascribed to Emerson and developed by literary critic Richard Poirier. Using this aesthetic style borrowed from Emerson and carried out by later pragmatists, Holmes not only made it more likely that his dissents would remain alive for future judges or justices (because how they were written was itself memorable, whatever the value of their content), but also shaped our understanding of dissents and, in this, our understanding of law. By opening constitutional precedent to potential change, Holmes’s dissents made room for future thought, moving our understanding of legal concepts in a more pragmatic direction and away from formalistic understandings of law. Included in this new understanding is the idea that the “canon” of judicial cases involves oppositional positions that must be sustained if the law is to serve pragmatic purposes. This process of precedent-making in a common-law system resembles the construction of the literary canon as it is conceived by Harold Bloom and Richard Posner.

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Download or read book The Good Lawyer written by David Luban and published by . This book was released on 1983 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Commentaries on American Law written by James Kent and published by . This book was released on 1826 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Nature of the Judicial Process written by Benjamin Nathan Cardozo and published by . This book was released on 1921 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Download or read book The House of Truth written by Brad Snyder and published by Oxford University Press. This book was released on 2017-02-02 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1912, a group of ambitious young men, including future Supreme Court justice Felix Frankfurter and future journalistic giant Walter Lippmann, became disillusioned by the sluggish progress of change in the Taft Administration. The individuals started to band together informally, joined initially by their enthusiasm for Theodore Roosevelt's Bull Moose campaign. They self-mockingly called the 19th Street row house in which they congregated the "House of Truth," playing off the lively dinner discussions with frequent guest (and neighbor) Oliver Wendell Holmes, Jr. about life's verities. Lippmann and Frankfurter were house-mates, and their frequent guests included not merely Holmes but Louis Brandeis, Herbert Hoover, Herbert Croly - founder of the New Republic - and the sculptor (and sometime Klansman) Gutzon Borglum, later the creator of the Mount Rushmore monument. Weaving together the stories and trajectories of these varied, fascinating, combative, and sometimes contradictory figures, Brad Snyder shows how their thinking about government and policy shifted from a firm belief in progressivism - the belief that the government should protect its workers and regulate monopolies - into what we call liberalism - the belief that government can improve citizens' lives without abridging their civil liberties and, eventually, civil rights. Holmes replaced Roosevelt in their affections and aspirations. His famous dissents from 1919 onward showed how the Due Process clause could protect not just business but equality under the law, revealing how a generally conservative and reactionary Supreme Court might embrace, even initiate, political and social reform. Across the years, from 1912 until the start of the New Deal in 1933, the remarkable group of individuals associated with the House of Truth debated the future of America. They fought over Sacco and Vanzetti's innocence; the dangers of Communism; the role the United States should play the world after World War One; and thought dynamically about things like about minimum wage, child-welfare laws, banking insurance, and Social Security, notions they not only envisioned but worked to enact. American liberalism has no single source, but one was without question a row house in Dupont Circle and the lives that intertwined there at a crucial moment in the country's history.

Download or read book Law and Order Reconsidered written by James Sargent Campbell and published by . This book was released on 1969 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Stereoscopic Law written by Alexander Lian and published by Cambridge University Press. This book was released on 2020-12-03 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this unique book, Alexander Lian, a practicing commercial litigator, advances the thesis that the most famous article in American jurisprudence, Oliver Wendell Holmes's “The Path of the Law,” presents Holmes's leading ideas on legal education. Through meticulous analysis, Lian explores Holmes's fundamental ideas on law and its study. He puts “The Path of the Law” within the trajectory of Holmes's jurisprudence, from earliest scholarship to The Common Law to the occasional pieces Holmes wrote or delivered after joining the U.S. Supreme Court. Lian takes a close look at the reactions “The Path of the Law” has evoked, both positive and negative, and restates the essay's core teachings for today's legal educators. Lian convincingly shows that Holmes's “theory of legal study” broke down artificial barriers between theory and practice. For contemporary legal educators, Stereoscopic Law reformulates Holmes's fundamental message that the law must been seen and taught three-dimensionally.

Download or read book A Machine That Would Go of Itself written by Michael G. Kammen and published by Transaction Publishers. This book was released on 2006 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: Puliter Prie-winning historian Michael Kammen examines the cultural impact of the Constitution on the United States, explores the Constitutions place in the public consciousness and its role as a symbol in American life from ratification in 1788 to our own time, and expounds on what the Constitution has meant to the American people (perceptions and misperceptions, uses and abuses, knowledge and ignorance), Kammen shows that although there are recurrent declarations of reverence for our American "Ark of the Covenant," most of us neither know nor fully understand our Constitution.

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 The Fuller Court written by James W. Ely Jr. and published by Bloomsbury Publishing USA. This book was released on 2003-08-13 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh interpretation of the workings and legacy of the Supreme Court during the tenure of Chief Justice Melville W. Fuller. The Fuller Court: Justices, Rulings, and Legacy presents an in-depth analysis of the decisions and impact of the U.S. Supreme Court during the twenty-two year reign of Chief Justice Melville W. Fuller. An exploration of key Court decisions—ranging from railroad rate regulation and the Due Process Clause to the 1894 income tax—reveals how the Court assigned a high priority to individual liberty, which it defined largely in economic terms. A revealing discussion of the Commerce Clause and the Interstate Commerce Commission shows how the Fuller Court both limited and accepted some expansion of federal authority. Profiles of the nineteen justices who served on the Fuller Court place a special emphasis on those who made the most significant impact, including John Marshall Harlan, Samuel F. Miller, and Oliver Wendell Holmes, Jr.