Download or read book The Southern Judicial Tradition written by Timothy S. Huebner and published by University of Georgia Press. This book was released on 2011-07-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: He exposes the myth of southern leniency in appellate homicide decisions and also shows how the southern judiciary contributed to and reflected larger trends in American legal development."--BOOK JACKET.
Download or read book The American Judicial Tradition written by G. Edward White and published by New York : Oxford University Press. This book was released on 1976 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a series of portraits of the most famous appellate judges in American history. White traces the development of the American judicial tradition through biographical sketches of the careers and contributions of these renowned judges. - Publisher.
Download or read book University Court and Slave written by Alfred L. Brophy and published by Oxford University Press. This book was released on 2016-07-18 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: University, Court, and Slave reveals long-forgotten connections between pre-Civil War southern universities and slavery. Universities and their faculty owned people-sometimes dozens of people-and profited from their labor while many slaves endured physical abuse on campuses. As Alfred L. Brophy shows, southern universities fought the emancipation movement for economic reasons, but used their writings on history, philosophy, and law in an attempt to justify their position and promote their institutions. Indeed, as the antislavery movement gained momentum, southern academics and their allies in the courts became bolder in their claims. Some went so far as to say that slavery was supported by natural law. The combination of economic reasoning and historical precedent helped shape a southern, pro-slavery jurisprudence. Following Lincoln's November 1860 election, southern academics joined politicians, judges, lawyers, and other leaders in arguing that their economy and society was threatened. Southern jurisprudence led them to believe that any threats to slavery and property justified secession. Bolstered by the courts, academics took their case to the southern public-and ultimately to the battlefield-to defend slavery. A path-breaking and deeply researched history of southern universities' investment in and defense of slavery, University, Court, and Slave will fundamentally transform our understanding of the institutional foundations pro-slavery thought.
Download or read book A Rift in the Clouds written by Brent J. Aucoin and published by University of Arkansas Press. This book was released on 2007-08-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Rift in the Clouds chronicles the efforts of three white southern federal judges to protect the civil rights of African Americans at the beginning of the twentieth century, when few in the American legal community were willing to do so. Jacob Treiber of Arkansas, Emory Speer of Georgia, and Thomas Goode Jones of Alabama challenged the Supreme Court's reading of the Reconstruction amendments that were passed in an attempt to make disfranchised and exploited African Americans equal citizens of the United States. These unpopular white southerners, two of whom who had served in the Confederate Army and had themselves helped to bring Reconstruction to an end in their states, asserted that the amendments not only established black equality, but authorized the government to protect blacks. Although their rulings won few immediate gains for blacks and were overturned by the Supreme Court, their legal arguments would be resurrected, and meet with greater success, over half a century later during the civil rights movement.
Download or read book The Behavior of Federal Judges written by Lee Epstein and published by Harvard University Press. This book was released on 2013-01-07 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.
Download or read book A Companion to American Legal History written by Sally E. Hadden and published by John Wiley & Sons. This book was released on 2013-02-22 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
Download or read book A V Dicey and the Common Law Constitutional Tradition written by Mark D. Walters and published by Cambridge University Press. This book was released on 2020-11-12 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
Download or read book The Legal Ideology of Removal written by Tim Alan Garrison and published by University of Georgia Press. This book was released on 2009 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.
Download or read book A Cosmopolitan Jurisprudence written by Helge Dedek and published by Cambridge University Press. This book was released on 2021-12-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Download or read book Judge Thomas Ruffin and the Shadows of Southern History written by Sally Greene and published by UNC Press Books. This book was released on 2011-09-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Thomas Ruffin and the Shadows of Southern History by Sally Greene North Carolina's State Capitol still houses a statue to one of southern history's most notorious pro-slave-owner judges. Why? "Ruffin was ideologically sympathetic to the Confederate cause and remained so to his death. 'The power of the master must be absolute,' Ruffin wrote in State v. Mann (1829), 'to render the submission of the slave perfect.' State v. Mann became the most notorious opinion in the entire body of slavery law."
Download or read book The Other Founders written by Saul Cornell and published by UNC Press Books. This book was released on 2012-12-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fear of centralized authority is deeply rooted in American history. The struggle over the U.S. Constitution in 1788 pitted the Federalists, supporters of a stronger central government, against the Anti-Federalists, the champions of a more localist vision of politics. But, argues Saul Cornell, while the Federalists may have won the battle over ratification, it is the ideas of the Anti-Federalists that continue to define the soul of American politics. While no Anti-Federalist party emerged after ratification, Anti-Federalism continued to help define the limits of legitimate dissent within the American constitutional tradition for decades. Anti-Federalist ideas also exerted an important influence on Jeffersonianism and Jacksonianism. Exploring the full range of Anti-Federalist thought, Cornell illustrates its continuing relevance in the politics of the early Republic. A new look at the Anti-Federalists is particularly timely given the recent revival of interest in this once neglected group, notes Cornell. Now widely reprinted, Anti-Federalist writings are increasingly quoted by legal scholars and cited in Supreme Court decisions--clear proof that their authors are now counted among the ranks of America's founders.
Download or read book Liberty and Union written by Timothy S. Huebner and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sweeping narrative of America's Civil War era, Liberty and Union shows how the war helped to bring about revolutionary changes in American life, changes that were sustained--and limited--by most Americans' abiding commitment to the nation's founding principles.
Download or read book A History of the Tennessee Supreme Court written by and published by Univ. of Tennessee Press. This book was released on 2002 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first comprehensive history of the Tennessee Supreme Court, seven leading scholars explore the role played by the Court in the social, economic, and political life of the state. Charting the evolution and organization of the Court (and its predecessor, the Superior Court of Law and Equity), the authors also assess the work of the Court within the larger context of the legal history of the South. Arranged chronologically, this volume covers the period from statehood in 1796 through the judicial election of 1998 and traces the range of contentious issues the Court has faced, including slavery, Reconstruction, economic rights, the regulation of business, and race and gender relations. The authors also outline the Court's relationship with the Supreme Court of the United States and chronicle the achievements of the Court in public and private law, state constitutional law, property law, criminal justice, and family law. The central themes that emerge include the nature of federalism, the search for judicial independence, and the practice of judicial review. As the authors demonstrate, the work of the Tennessee Supreme Court highlights the importance of state courts to the federal system and illuminates the interplay between regionalism and national norms in shaping a state's legal culture. Indeed, as mediator of conflicts between traditional southern values and national economic and social trends, the Court has generally, if sometimes belatedly, adopted national legal standards. Further, while the Court has tended to defer to the state's legislative decision-making process, it has on occasion assumed a more activist role in order to assert individual rights for Tennessee's citizens. Sponsored by the Tennessee Supreme Court Historical Society, this book is written for anyone interested in Tennessee history in general or legal history in particular. Appendixes include a comprehensive table of cases and biographical information about all the Court's judges. The Editor: James W. Ely Jr. is Milton R. Underwood Professor of Law and professor of history at Vanderbilt University. His books include The Chief Justiceship of Melville W. Fuller, 1888-1910 and The Guardian of Every Other Right: A Constitutional History of Property Rights. He is also the series editor of the six-volume Property Rights in American History.
Download or read book John Randolph of Roanoke written by David Johnson and published by LSU Press. This book was released on 2012-05-07 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This biography chronicles the life of the long-serving Virginia congressman and architect of southern conservatism who courted controversy with his public duels and clashes with presidents, including Thomas Jefferson.
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.
Download or read book Southern Histories written by David R. Goldfield and published by University of Georgia Press. This book was released on 2003 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Goldfield looks at an array of issues from the Thomas Jefferson-Sally Hemmings controversy to debates over the Confederate flag to the proliferation of African American history museums and monuments in the region. Finally, he recalls his work as a consultant on U.S. Supreme Court cases involving a majority black voting district in North Carolina, as a coauthor of an environmental and economic impact study of offshore drilling in the Gulf of Mexico, and as a mitigating witness in the sentencing phases of six racially polarizing death penalty cases. His contributions, Goldfield hopes, made history more "real" to people in vocations outside of academia."--BOOK JACKET.
Download or read book Criminal Injustice written by Glenn McNair and published by University of Virginia Press. This book was released on 2009-04-20 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Injustice: Slaves and Free Blacks in Georgia’s Criminal Justice System is the most comprehensive study of the criminal justice system of a slave state to date. McNair traces the evolution of Georgia’s legal culture by examining its use of slave codes and slave patrols, as well as presenting data on crimes prosecuted, trial procedures and practices, conviction rates, the appellate process, and punishment. Based on more than four hundred capital cases, McNair’s study deploys both narrative and quantitative analysis to get at both the theory and the reality of the criminal procedure for slaves in the century leading up to the Civil War. He shows how whites moved from the utopian innocence of the colony’s original Trustees, who envisioned a society free of slavery and the depravity it inculcated in masters, to one where slaveholders became the enforcers of laws and informal rules, the severity of which was limited only by the increasing economic value of their slaves as property. The slaves themselves, regarded under the law both as moveable property and--for the purposes of punishment--as moral agents, had, inevitably, a radically different view of Georgia’s slave criminal justice system. Although the rules and procedures were largely the same for both races, the state charged and convicted blacks more frequently and punished them more severely than whites for the same crimes. Courts were also more punitive in their judgment and punishment of black defendants when their victims were white, a pattern of disparate treatment based on race that persists to this day. Informal systems of control in urban households and on rural plantations and farms complemented the formal system and enhanced the power of slaveowners. Criminal Injustice shows how the prerogatives of slavery and white racial domination trumped any hope for legal justice for blacks.
