Download or read book The Marshall Court and Cultural Change 1815 1835 written by G. Edward White and published by Oxford University Press, USA. This book was released on 1988 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: G. Edward White's monumental study on the Marshall Court, originally published as Volumes III-IV of the Oliver Wendell Holmes Devise History of the Supreme Court, shows how the decisions made between 1815 and 1835 reveal an active reinterpretation of the Constitution and its principles of republicanism to suit the requirements of a rapidly changing nation. Placing the Marshall Court within the cultural and ideological context of early nineteenth-century America, White argues that the Court recast the language of the Constitution to give certain crucial terms the appearance of timeless legal principles, and promoted a style of judicial decision-making that concealed the discretionary elements of constitutional interpretation from public scrutiny, thus fostering the impression of an objective, non-partisan Court. Now available in an abridged paperback edition, The Marshall Court and Cultural Change, 1815-1835 will be essential for courses in American legal and constitutional history.

Download or read book The Marshall Court and Cultural Change 1815 35 written by G. Edward White and published by . This book was released on 1988 with total page 1078 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book John Marshall and the Heroic Age of the Supreme Court written by R. Kent Newmyer and published by LSU Press. This book was released on 2007-04-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.

Download or read book The Great Chief Justice written by Charles F. Hobson and published by . This book was released on 1996 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: "John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Download or read book A History of American Law written by Lawrence M. Friedman and published by Oxford University Press. This book was released on 2019-09-23 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.

Download or read book The Final Keystone written by John Kevin Crowley and published by Dorrance Publishing. This book was released on 2021-03-04 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Final Keystone By: John Kevin Crowley Every case in the history of Jurisprudence involves three things: Trust, Betrayal, and Accountability. Through his education, studies, and observations and experiences, author John Kevin Crowley has learned the interconnection of history, law, philosophy, and religion with the human condition. How that relationship has played out in human history leading to present day is a focus of The Final Keystone. This treatise is the story of us and the source of the lessons left unlearned. It is a reminder of what does not work and how what does work must be ever vigilantly guarded.

Download or read book Washington s Heir written by Gerard N. Magliocca and published by Oxford University Press. This book was released on 2022-03-29 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first biography of George Washington's extraordinary nephew, who inherited Mount Vernon and was Chief Justice John Marshall's right-hand man on the Supreme Court for nearly thirty years. George Washington's nephew and heir was a Supreme Court Justice for over thirty years and left an indelible mark on American law. Despite his remarkable life and notable lineage, he is unknown to most Americans because he cared more about establishing the rule of law than about personal glory. In Washington's Heir, Gerard N. Magliocca gives us the first published biography of Bushrod Washington, one of the most underrated Founding Fathers. Born in 1762, Justice Washington fought in the Revolutionary War, served in Virginia's ratifying convention for the Constitution, and was Chief Justice John Marshall's partner in establishing the authority of the Supreme Court. Though he could only see from one eye, Justice Washington wrote many landmark decisions defining the fundamental rights of citizens and the structure of the Constitution, including Corfield v. Coryell--an influential source for the Congress that proposed the Fourteenth Amendment. As George Washington's personal heir, Bushrod inherited both Mount Vernon and the family legacy of owning other people, one of whom was almost certainly his half-brother or nephew. Yet Justice Washington alone among the Founders was criticized by journalists for selling enslaved people and, in turn, issued a public defence of his actions that laid bare the hypocrisy and cruelty of slavery. An in-depth look at Justice Washington's extraordinary story that gives insight into his personal thoughts through his own secret journal, Washington's Heir sheds new light not only on George Washington, John Marshall, and the Constitution, but also on America's ongoing struggle to become a more perfect union.

Download or read book The A to Z of the Jacksonian Era and Manifest Destiny written by Terry Corps and published by Rowman & Littlefield. This book was released on 2009 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The brief period from 1829 to 1849 was one of the most important in American history. During just two decades, the American government was strengthened, the political system consolidated, and the economy diversified. All the while literature and the arts, the press and philanthropy, urbanization, and religious revivalism sparked other changes. The belief in Manifest Destiny simultaneously caused expansion across the continent and the wretched treatment of the Native Americans, while arguments over slavery slowly tore a rift in the country as sectional divisions grew and a national crisis became almost inevitable. The A to Z of the Jacksonian Era and Manifest Destiny takes a close look at these sensitive years. Through a chronology that traces events year-by-year and sometimes even month-by-month actions are clearly delineated. The introduction summarizes the major trends of the epoch and the four administrations therein. The details are then supplied in several hundred cross-referenced dictionary entries, and the bibliography concludes this essential tool for anyone interested in history.

Download or read book Routledge Revivals Encyclopedia of American Civil Liberties 2006 written by Paul Finkelman and published by Routledge. This book was released on 2018-04-17 with total page 1189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.

Download or read book The Role of Circuit Courts in the Formation of United States Law in the Early Republic written by David Lynch and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.

Download or read book Historic U S Court Cases written by John W. Johnson and published by Routledge. This book was released on 2003-12-16 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays looks at over 200 major court cases, at both state and federal levels, from the colonial period to the present. Organized thematically, the articles range from 1,000 to 5,000 words and include recent topics such as the Microsoft antitrust case, the O.J. Simpson trials, and the Clinton impeachment. This new edition includes 43 new essays as well as updates throughout, with end-of-essay bibliographies and indexes by case and subject/name.

Download or read book Conquest by Law written by Lindsay G. Robertson and published by Oxford University Press. This book was released on 2005-08-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.

Download or read book Israel Yearbook on Human Rights written by Yoram Dinstein and published by Martinus Nijhoff Publishers. This book was released on 1996-06-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Israel Yearbook on Human Rights" - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971 - is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The "Yearbook" also incorporates documentary materials, relating to Israel and the Administered Areas, which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). "Volume 25" contains, among others, articles on The Israel Supreme Court and the Law of Belligerent Occupation; The Gaza and Jericho Autonomy and Human Rights; and The Contribution of Latin America to the Development of the International Court of Justice.

Download or read book Israel Yearbook on Human Rights Volume 25 1995 written by Yoram Dinstein and published by BRILL. This book was released on 2020-10-26 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971 - is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials, relating to Israel and the Administered Areas, which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). Volume 25 contains, among others, articles on The Israel Supreme Court and the Law of Belligerent Occupation; The Gaza and Jericho Autonomy and Human Rights; and The Contribution of Latin America to the Development of the International Court of Justice.

Download or read book Shaping US Military Law written by Joshua E. Kastenberg and published by Routledge. This book was released on 2016-04-01 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.

Download or read book American Literature and the Culture of Reprinting 1834 1853 written by Meredith L. McGill and published by University of Pennsylvania Press. This book was released on 2013-10-11 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The antebellum period has long been identified with the belated emergence of a truly national literature. And yet, as Meredith L. McGill argues, a mass market for books in this period was built and sustained through what we would call rampant literary piracy: a national literature developed not despite but because of the systematic copying of foreign works. Restoring a political dimension to accounts of the economic grounds of antebellum literature, McGill unfolds the legal arguments and political struggles that produced an American "culture of reprinting" and held it in place for two crucial decades. In this culture of reprinting, the circulation of print outstripped authorial and editorial control. McGill examines the workings of literary culture within this market, shifting her gaze from first and authorized editions to reprints and piracies, from the form of the book to the intersection of book and periodical publishing, and from a national literature to an internally divided and transatlantic literary marketplace. Through readings of the work of Dickens, Poe, and Hawthorne, McGill seeks both to analyze how changes in the conditions of publication influenced literary form and to measure what was lost as literary markets became centralized and literary culture became stratified in the early 1850s. American Literature and the Culture of Reprinting, 1834-1853 delineates a distinctive literary culture that was regional in articulation and transnational in scope, while questioning the grounds of the startlingly recent but nonetheless powerful equation of the national interest with the extension of authors' rights.

Download or read book Great American Judges 2 volumes written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2003-06-23 with total page 1031 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspiring and instructive biographies of the 100 most influential judges from state and federal courts in one easy-to-access volume. Great American Judges profiles 100 outstanding judges and justices in a full sweep of U.S. history. Chosen by lawyers, historians, and political scientists, these men and women laid the foundation of U.S. law. A complement to Great American Lawyers, together these two volumes create a complete picture of our nation's top legal minds from colonial times to today. Following an introduction on the role of judges in American history are A–Z biographical entries portraying this diverse group from extraordinarily different backgrounds. Students and history enthusiasts will appreciate the accomplishments of these role models and the connections between their inspiring lives and their far-reaching legal decisions. William Rehnquist, Oliver Wendell Holmes, Jr., and 12 other Supreme Court justices are found alongside federal judges like Skelly Wright, who ordered school desegregation in 1960. Influential state judges such as Rose Elizabeth Bird, California's first woman Supreme Court Chief Justice, are also featured.