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Book The World of Benjamin Cardozo

Download or read book The World of Benjamin Cardozo written by Richard Polenberg and published by Harvard University Press. This book was released on 1997 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one of America's most influential judges, first on New York State's Court of Appeals and then on the U.S. Supreme Court, Cardozo oversaw legal transformation daily. How he arrived at his rulings, with their far-reaching consequences, becomes clear in this book, the first to explore the connections between Cardozo's life and his jurisprudence.

Book The Nature of the Judicial Process

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.

Book Cardozo

    Book Details:
  • Author : Andrew L. Kaufman
  • Publisher : Harvard University Press
  • Release : 1998
  • ISBN : 9780674096455
  • Pages : 764 pages

Download or read book Cardozo written by Andrew L. Kaufman and published by Harvard University Press. This book was released on 1998 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: Benjamin Nathan Cardozo, unarguably one of the most outstanding judges of the twentieth century, is a man whose name remains prominent and whose contributions to the law remain relevant. This first complete biography of the longtime member and chief judge of the New York Court of Appeals and Justice of the Supreme Court of the United States during the turbulent years of the New Deal is a monumental achievement by a distinguished interpreter of constitutional law. Cardozo was a progressive judge who understood and defended the proposition that judge-made law must be adapted to modern conditions. He also preached and practiced the doctrine that respect for precedent, history, and all branches of government limited what a judge could and should do. Thus, he did not modernize law at every opportunity. In this book, Kaufman interweaves the personal and professional lives of this remarkable man to yield a multidimensional whole. Cardozo's family ties to the Jewish community were a particularly significant factor in shaping his life, as was his father's scandalous career--and ultimate disgrace--as a lawyer and judge. Kaufman concentrates, however, on Cardozo's own distinguished career, including twenty-three years in private practice as a tough-minded and skillful lawyer and his classic lectures and writings on the judicial process. From this biography emerges an estimable figure holding to concepts of duty and responsibility, but a person not without frailties and prejudice.

Book The Growth of the Law

Download or read book The Growth of the Law written by Benjamin Nathan Cardozo and published by . This book was released on 1924 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Henry Friendly  Greatest Judge of His Era

Download or read book Henry Friendly Greatest Judge of His Era written by David M. Dorsen and published by Harvard University Press. This book was released on 2012-03-27 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, David M. Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life. During his time on the Court of Appeals for the Second Circuit (1959–1986), Judge Friendly was revered as a conservative who exemplified the tradition of judicial restraint. But he demonstrated remarkable creativity in circumventing precedent and formulating new rules in multiple areas of the law. Henry Friendly, Greatest Judge of His Era describes the inner workings of Friendly’s chambers and his craftsmanship in writing opinions. His articles on habeas corpus, the Fourth Amendment, self-incrimination, and the reach of the state are still cited by the Supreme Court. Dorsen draws on extensive research, employing private memoranda between the judges and interviews with all fifty-one of Friendly’s law clerks—a veritable Who’s Who that includes Chief Justice John R. Roberts, Jr., six other federal judges, and seventeen professors at Harvard, Yale, Stanford, and elsewhere. In his Foreword, Judge Richard Posner writes: “David Dorsen has produced the most illuminating, the most useful, judicial biography that I have ever read . . . We learn more about the American judiciary at its best than we can learn from any other . . . Some of what I’ve learned has already induced me to make certain changes in my judicial practice.”

Book The Paradoxes of Legal Science

Download or read book The Paradoxes of Legal Science written by Benjamin Nathan Cardozo and published by . This book was released on 1928 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Benjamin Nathan Cardozo

    Book Details:
  • Author : Irving Lehman
  • Publisher :
  • Release : 2012-06-01
  • ISBN : 9781258414337
  • Pages : 24 pages

Download or read book Benjamin Nathan Cardozo written by Irving Lehman and published by . This book was released on 2012-06-01 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Cardozo

    Book Details:
  • Author : Richard A. Posner
  • Publisher : University of Chicago Press
  • Release : 2019-08-05
  • ISBN : 022671568X
  • Pages : 169 pages

Download or read book Cardozo written by Richard A. Posner and published by University of Chicago Press. This book was released on 2019-08-05 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes a great judge? How are reputations forged? Why do some reputations endure, while others crumble? And how can we know whether a reputation is fairly deserved? In this ambitious book, Richard Posner confronts these questions in the case of Benjamin Cardozo. The result is both a revealing portrait of one of the most influential legal minds of our century and a model for a new kind of study—a balanced, objective, critical assessment of a judicial career. "The present compact and unflaggingly interesting volume . . . is a full-bodied scholarly biography. . . .It is illuminating in itself, and will serve as a significant contribution."—Paul A. Freund, New York Times Book Review

Book At The Bar

    Book Details:
  • Author : David Margolick
  • Publisher : Simon and Schuster
  • Release : 1995
  • ISBN : 0671887874
  • Pages : 340 pages

Download or read book At The Bar written by David Margolick and published by Simon and Schuster. This book was released on 1995 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lawyer's trade--from its noblest moments to its greatest blunders--is examined with rigor, insight, and wit by one of America's foremost commentators on the law, New York Times columnist David Margolick.

Book The Forgotten Memoir of John Knox

Download or read book The Forgotten Memoir of John Knox written by John Knox and published by University of Chicago Press. This book was released on 2004-09 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: "My name will survive as long as man survives, because I am writing the greatest diary that has ever been written. I intend to surpass Pepys as a diarist." When John Frush Knox (1907-1997) wrote these words, he was in the middle of law school, and his attempt at surpassing Pepys—part scrapbook, part social commentary, and part recollection—had already reached 750 pages. His efforts as a chronicler might have landed in a family attic had he not secured an eminent position after graduation as law clerk to Justice James C. McReynolds—arguably one of the most disagreeable justices to sit on the Supreme Court—during the tumultuous year when President Franklin D. Roosevelt tried to "pack" the Court with justices who would approve his New Deal agenda. Knox's memoir instead emerges as a record of one of the most fascinating periods in American history. The Forgotten Memoir of John Knox—edited by Dennis J. Hutchinson and David J. Garrow—offers a candid, at times naïve, insider's view of the showdown between Roosevelt and the Court that took place in 1937. At the same time, it marvelously portrays a Washington culture now long gone. Although the new Supreme Court building had been open for a year by the time Knox joined McReynolds' staff, most of the justices continued to work from their homes, each supported by a small staff. Knox, the epitome of the overzealous and officious young man, after landing what he believes to be a dream position, continually fears for his job under the notoriously rude (and nakedly racist) justice. But he soon develops close relationships with the justice's two black servants: Harry Parker, the messenger who does "everything but breathe" for the justice, and Mary Diggs, the maid and cook. Together, they plot and sidestep around their employer's idiosyncrasies to keep the household running while history is made in the Court. A substantial foreword by Dennis Hutchinson and David Garrow sets the stage, and a gallery of period photos of Knox, McReynolds, and other figures of the time gives life to this engaging account, which like no other recaptures life in Washington, D.C., when it was still a genteel southern town.

Book Actual Innocence

    Book Details:
  • Author : Jim Dwyer
  • Publisher : Doubleday Books
  • Release : 2000
  • ISBN : 038549341X
  • Pages : 314 pages

Download or read book Actual Innocence written by Jim Dwyer and published by Doubleday Books. This book was released on 2000 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten true tales of people falsely accused detail the flaws in the criminal justice system that landed these people in prison

Book Jewish Justices of the Supreme Court

Download or read book Jewish Justices of the Supreme Court written by David G. Dalin and published by Brandeis University Press. This book was released on 2017-04-04 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jewish Justices of the Supreme Court examines the lives, legal careers, and legacies of the eight Jews who have served or who currently serve as justices of the U.S. Supreme Court: Louis D. Brandeis, Benjamin Cardozo, Felix Frankfurter, Arthur Goldberg, Abe Fortas, Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan. David Dalin discusses the relationship that these Jewish justices have had with the presidents who appointed them, and given the judges' Jewish background, investigates the antisemitism some of the justices encountered in their ascent within the legal profession before their appointment, as well as the role that antisemitism played in the attendant political debates and Senate confirmation battles. Other topics and themes include the changing role of Jews within the American legal profession and the views and judicial opinions of each of the justices on freedom of speech, freedom of religion, the death penalty, the right to privacy, gender equality, and the rights of criminal defendants, among other issues.

Book The Nature of the Judicial Process

Download or read book The Nature of the Judicial Process written by Benjamin N. Cardozo and published by Wentworth Press. This book was released on 2019-02-26 with total page 180 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.

Book A History of the Supreme Court

    Book Details:
  • Author : the late Bernard Schwartz
  • Publisher : Oxford University Press
  • Release : 1995-02-23
  • ISBN : 0199840555
  • Pages : 477 pages

Download or read book A History of the Supreme Court written by the late Bernard Schwartz and published by Oxford University Press. This book was released on 1995-02-23 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.

Book Crisis  Covenant  and Creativity

Download or read book Crisis Covenant and Creativity written by Nathan T. Lopes Cardozo and published by . This book was released on 2005 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crisis, Covenant and Creativity deals with some of the most widely discussed issues in contemporary Jewish religious life. How do religious people deal with tolerance of different beliefs? How can devout living lead to a greater awareness of the mystery and beauty of life? What is the meaning of Jewish authenticity and identity in light of anti-Semitism?

Book The Content and Context of Hate Speech

Download or read book The Content and Context of Hate Speech written by Michael Herz and published by Cambridge University Press. This book was released on 2012-04-09 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?

Book Ethics at the Edges of Law

    Book Details:
  • Author : Cathleen Kaveny
  • Publisher : Oxford University Press
  • Release : 2018
  • ISBN : 0190612290
  • Pages : 329 pages

Download or read book Ethics at the Edges of Law written by Cathleen Kaveny and published by Oxford University Press. This book was released on 2018 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethics at the Edges of Law: Christian Moralists and American Legal Thought shows how methods and doctrines drawn from the American legal tradition can constructively advance the discussion of key issues in Christian ethics. More broadly, the book argues that religious ethicists should consider legal thought to be a valuable conversation partner on a par with philosophical thought. Each of the chapters places the work of an important contemporary figure in Christian ethics in conversation with particular legal cases and questions. The book is divided into three major parts: “Narratives and Norms,” “Love, Justice, and Law,” and “Legal Categories and Theological Problems.” Ethicists considered include John Noonan Jr., Stanley Hauerwas, Jeffrey Stout, Gene Outka, Margaret Farley, Paul Ramsey, Robert E. Rodes Jr., Walter Kasper, Germain Grisez and H. Tristram Engelhardt Jr. Legal topics explored include the development of the common law as a morally rich tradition, the relationship between rules and particular cases, and the role of individual experience in formulating generally applicable norms. Theological issues discussed include the meaning of covenant fidelity, the requirements of compassion, and the demands of neighbor love. Fruitful intersections between law and theological ethics are developed by considering particular examples and cases from contract law, criminal law, and health-care law. Ethics at the Edges of Law ends by examining the various and often conflicting meanings of the term “legalism,” which has long been considered a derogatory term in Christian moral thought.