Download or read book The Constitutional Doctrines of Justice Harlan Volume 33 written by Floyd Barzilia Clark and published by Arkose Press. This book was released on 2015-10-26 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Constitutional Doctrines of Justice Harlan written by Floyd Barzilia Clark and published by . This book was released on 1915 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clark, Floyd Barzilia. The Constitutional Doctrines of Justice Harlan. Baltimore: The Johns Hopkins Press, 1915. ix, 208 pp. Reprint available September 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-446-0. Cloth. $70. * During his long tenure on the U.S. Supreme Court John Marshall Harlan [1833-1911] wrote numerous dissenting opinions on everything from civil rights to the federal income tax. He was said at the time to suffer from "dissent-ary," but posterity has shown him to be a liberal born too soon since many aspects of his dissents gained majorities after his death. We see this most clearly in his blistering dissents in the Civil Rights Cases (1883) and Plessy v. Ferguson (1896). On a broader scale, his interpretation of "due process" contributed to the development of the incorporation theory during the 1950s and 60s. Viewed as a whole his emphasis on the social consequences of decisions rather than their adherence to abstract legal principles pointed the way toward the work of Pound and Llewellyn. Clark offers an excellent introduction to Harlan's doctrines regarding civil rights, the suability of states, impairment of the obligation of contracts, interstate and foreign commerce, judicial legislation and other topics that is valuable for its balance of summary and interpretation. First published in 1915, it continues to be an essential study of Harlan's judicial beliefs.
Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Download or read book The Constitutional Doctrines of Justice David Josiah Brewer written by Lynford Alexander Lardner and published by . This book was released on 1938 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bulletin 1908 23 written by Boston Public Library and published by . This book was released on 1916 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bulletin of the Public Library of the City of Boston written by Boston Public Library and published by . This book was released on 1916 with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Johns Hopkins Alumni Magazine written by Lawrence Counselman Wroth and published by . This book was released on 1915 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Great Dissenter written by Peter S. Canellos and published by Simon and Schuster. This book was released on 2022-06-28 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --
Download or read book The Color Blind Constitution written by Andrew Kull and published by Harvard University Press. This book was released on 2009-07 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1840 to 1960 the profoundest claim of Americans who fought the institution of segregation was that the government had no business sorting citizens by the color of their skin. During these years the moral and political attractiveness of the antidiscrimination principle made it the ultimate legal objective of the American civil rights movement. Yet, in the contemporary debate over the politics and constitutional law of race, the vital theme of antidiscrimination has been largely suppressed. Thus a strong line of argument laying down one theoretical basis for the constitutional protection of civil rights has been lost. Andrew Kull provides us with the previously unwritten history of the color-blind idea. From the arguments of Wendell Phillips and the Garrisonian abolitionists, through the framing of the Fourteenth Amendment and Justice Harlan's famous dissent in Plessy, civil rights advocates have consistently attempted to locate the antidiscrimination principle in the Constitution. The real alternative, embraced by the Supreme Court in 1896, was a constitutional guarantee of reasonable classification. The government, it said, had the power to classify persons by race so long as it acted reasonably; the judiciary would decide what was reasonable. In our own time, in Brown v. Board of Education and the decisions that followed, the Court nearly avowed the rule of color blindness that civil rights lawyers continued to assert; instead, it veered off for political and tactical reasons, deciding racial cases without stating constitutional principle. The impoverishment of the antidiscrimination theme in the Court's decision prefigured the affirmative action shift in the civil rights agenda. The social upheaval of the 1960s put the color-blind Constitution out of reach for a quartercentury or more; but for the hard choices still to be made in racial policy, the colorblind tradition of civil rights retains both historical and practical significance.
Download or read book Quarterly List of New Books written by Public Library of Brookline and published by . This book was released on 1913 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Books of 1912 written by Chicago Public Library and published by . This book was released on 1917 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law in American History Volume III written by G. Edward White and published by Oxford University Press. This book was released on 2019-04-18 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act. In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.
Download or read book Transforming Privacy written by Stefano Scoglio and published by Bloomsbury Publishing USA. This book was released on 1998-02-18 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using an innovative history of the constitutional right to privacy, and inspired by Emersonian Justices like Brandeis and Douglas, this book rescues the meaning of privacy from prevalent liberal thinking by proposing a general theory of rights based on a spiritual-ecological jurisprudence tradition at the heart of American law. The right to privacy is a powerful, yet often overlooked tradition, whose main representatives are Justice Brandeis and Justice Douglas, both of whom translated into concretely legal and political ideas the philosophy of American thinkers like Emerson and Thoreau. In light of this historical understanding, the major constitutional cases relating to privacy, such as Griswold or Roe v. Wade, are given new interpretations. Through a radical reinterpretation of Mill's philosophy of liberty, and a comparison of that reinterpretation with the one of Brandeis, this book proposes a new general theory of rights, based on the valuation of privacy as a transformative context in which self-knowledge can emerge, giving birth to ethical and communal responsibility.
Download or read book University of California Union Catalog of Monographs Cataloged by the Nine Campuses from 1963 Through 1967 Authors titles written by University of California (System). Institute of Library Research and published by . This book was released on 1972 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Quarterly List of New Books written by and published by . This book was released on 1916 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Enigma written by Tinsley E. Yarbrough and published by . This book was released on 1995 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Subject Index of Modern Books Acquired written by British Library and published by . This book was released on 1918 with total page 1582 pages. Available in PDF, EPUB and Kindle. Book excerpt:
