Download or read book Justice Robert H Jackson s Unpublished Opinion in Brown v Board written by David M. O'Brien and published by University Press of Kansas. This book was released on 2017-11-17 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brown v. Board of Education is widely recognized as one of the US Supreme Court's most important decisions in the twentieth century. Robert H. Jackson, an associate justice on the case, is generally considered one of the Court's most gifted writers. Though much has been written about Brown, citing the writing and remarks of the justices who participated in the 1954 decision, comparatively little has been said about Jackson or his unpublished opinion, which is sometimes even mistakenly taken as a dissenting opinion. This book visits Brown v. Board of Education from Jackson's perspective and, in doing so, offers a reinterpretation of the justice's thinking, and of the Supreme Court's decision making, in a ruling that continues to reverberate through the nation's politics and public life. Weaving together judicial biography, legal history, and judicial politics, Justice Robert H. Jackson's Unpublished Opinion in Brown v. Board provides a nuanced look at constitutional interpretation, and the intersection of law and politics, from inside the mind of a justice, within the context of a Court deciding a seminal case. Through an analysis of six drafts of Jackson's unpublished concurring opinion, David M. O'Brien explores the justice's evolving thoughts on relevant issues at critical moments in the case. His retelling of Brown presents a new view of longstanding arguments confronted by Jackson and the other justices over “original intent” versus a “living Constitution,” the role of the Court, and social change and justice in American political life. The book includes the final draft of Jackson's unpublished opinion, as well as the Warren Court's opinions in Brown and in Bolling v. Sharpe, for comparison, along with a timeline of developments and decision making leading to the Court's landmark ruling.
Download or read book Robert H Jackson written by Gail Jarrow and published by Calkins Creek. This book was released on 2008-06 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: Story of Robert H. Jackson, a lawyer and judge, who became the chief U.S. prosecutor at the Nuremberg Trail, yet he never attended college or earned a law degree.
Download or read book Simple Justice written by Richard Kluger and published by Vintage. This book was released on 2011-08-24 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: Simple Justice is the definitive history of the landmark case Brown v. Board of Education and the epic struggle for racial equality in this country. Combining intensive research with original interviews with surviving participants, Richard Kluger provides the fullest possible view of the human and legal drama in the years before 1954, the cumulative assaults on the white power structure that defended segregation, and the step-by-step establishment of a team of inspired black lawyers that could successfully challenge the law. Now, on the fiftieth anniversary of the unanimous Supreme Court decision that ended legal segregation, Kluger has updated his work with a new final chapter covering events and issues that have arisen since the book was first published, including developments in civil rights and recent cases involving affirmative action, which rose directly out of Brown v. Board of Education.
Download or read book Rhetoric Persuasion and Modern Legal Writing written by Brian L. Porto and published by Rowman & Littlefield. This book was released on 2020-02-11 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classical rhetorical techniques can enhance the persuasiveness of Supreme Court opinions by making their language clear, lively, and memorable. This book focuses on three techniques—“invention” (creation of arguments), “arrangement” (organization), and “style” (word choice)—in the work of Oliver Wendell Holmes, Jr., Robert Jackson, Hugo Black, William Brennan, and Antonin Scalia, respectively. The justices featured here contributed to the Court’s rhetorical legacy in different ways, but all five rejected the magisterial opinion style of the eighteenth and nineteenth centuries in favor of a more personal and conversational format. As a result, their opinions have endured, and even modern readers who cannot recall the justices’ names understand and embrace the ideas expressed in their legal writings and apply those ideas to current debates. Practicing lawyers, professors, and students can use this book to study legal writing techniques and make their own writing more persuasive.
Download or read book The Rights Revolution written by Charles R. Epp and published by University of Chicago Press. This book was released on 1998-10-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.
Download or read book The Common Law Tradition written by George Liebmann and published by Routledge. This book was released on 2017-09-04 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book commemorates a place and a time in American law teaching, but more importantly, an outlook: the common law tradition. That outlook was empirical and tolerant. These values were carried into expression by a group of people who were not part of a cult or faction nor ruled by the herd instinct. Now in paperback, The Common Law Tradition is a collective portrait of five scholars who epitomize the tradition.The focus is Chicago in the 1960s. The five figures considered--Edward H. Levi, Harry Kalven, Jr., Karl Llewellyn, Philip Kurland, and Kenneth Culp Davis--did much to broaden the perspectives of the legal academy. Levi made use of sociology, economics, and comparative law. Kalven collaborated with sociologists on the Jury Project and with economists on tax law and auto compensation plans. Llewellyn's commitment to empirical research underpinned his work on the Uniform Commercial Code. Kurland's approach to constitutional law was highlighted by his insistence on the relevance of legal history. Davis was an energetic comparativist in his work on administrative law. What distinguished these Chicagoans is that their work was practical and rooted in the law, and hence yielded concrete applications. The group's diversity, the tolerant atmosphere in which they taught and wrote, and the attachment of its individual members to empirical approaches differentiate them from today's legal scholars and make their ideas of continuing importance.
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 The Most Powerful Court in the World written by Stuart Banner and published by Oxford University Press. This book was released on 2025-02-04 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stuart Banner's The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present. Not merely a history of the Court's opinions and jurisprudence, it is also a rich account of the Court in the broadest sense--of the sorts of people who become justices and the methods by which they are chosen, of how the Court does its work, and of its relationship with other branches of government. Rather than praising or criticizing the Court's decisions, Banner makes the case that one cannot fully understand the decisions without knowing about the institution that produced them.
Download or read book How the Court Became Supreme written by Paul D. Moreno and published by LSU Press. This book was released on 2022-09-14 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of its history, the United States Supreme Court has emerged as the most powerful judiciary unit the world has ever seen. Paul D. Moreno’s How the Court Became Supreme offers a deep dive into its transformation from an institution paid little notice by the American public to one whose decisions are analyzed and broadcast by major media outlets across the nation. The Court is supreme today not just within the judicial branch of the federal government but also over the legislative and executive branches, effectively possessing the ability to police elections and choose presidents. Before 1987, nearly all nominees to the Court sailed through confirmation hearings, often with little fanfare, but these nominations have now become pivotal moments in the minds of voters. Complaints of judicial primacy range across the modern political spectrum, but little attention is given to what precisely that means or how it happened. What led to the ascendancy of America’s highest court? Moreno seeks to answer this question, tracing the long history of the Court’s expansion of influence and examining how the Court envisioned by the country’s Founders has evolved into an imperial judiciary. The US Constitution contains a multitude of safeguards to prevent judicial overreach, but while those measures remain in place today, most have fallen into disuse. Many observers maintain that the Court exercises legislative or executive power under the guise of judicial review, harming rather than bolstering constitutional democracy. How the Court Became Supreme tells the story of the origin and development of this problem, proposing solutions that might compel the Court to embrace its more traditional role in our constitutional republic.
Download or read book The Supreme Court Review 2023 written by David A. Strauss and published by University of Chicago Press. This book was released on 2024-07-15 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: An annual peer-reviewed law journal covering the legal implications of decisions by the Supreme Court of the United States. Since it first appeared in 1960, the Supreme Court Review (SCR) has won acclaim for providing a sustained and authoritative survey of the implications of the Court’s most significant decisions. SCR is an in-depth annual critique of the Supreme Court and its work, analyzing the origins, reforms, and modern interpretations of American law. SCR is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.
Download or read book American Constitutional Law written by Alpheus Thomas Mason and published by Routledge. This book was released on 2021-09-28 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of comprehensive background essays coupled with carefully edited Supreme Court case excerpts designed to explore constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, the book endeavors to heighten students’ understanding of this critical part of the American political system. New to the 18th Edition An account of the Trump impeachments and a full discussion of the recent Supreme Court transitions including recent Supreme Court transitions including the fraught Kavanaugh hearings, the death of Ruth Bader Ginsberg, and the nomination process surrounding Amy Coney Barrett. Fourteen new cases carefully edited and excerpted, including Chifalo v. Washington (2020) on the Electoral College, Masterpiece Cakeshop (2018) on gay rights, and three Trump cases as well. Thirty-one new cases discussed in chapter essays in addition.
Download or read book Earl Warren and the Struggle for Justice written by Paul Moke and published by Lexington Books. This book was released on 2015-10-08 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Earl Warren and the Strugglefor Justice explores the remarkable life of one of the leading public figures and jurists of twentieth century America. Based on newly available source materials, it traces Warren’s progressive vision of government from its origins in the fight against urban corruption in Oakland, California during the 1930s to its culmination in the effort to professionalize public school administration, law enforcement, and the management of the electoral process under the auspices of the U.S. Constitution. Although Warren’s major social justice decisions strengthened democracy at a crucial juncture in American and world history, in times of crisis his excessive deference to national security officials sometimes jeopardized other core human rights, as shown in his approaches to the Japanese internment and the investigation into the assassination of President John Kennedy. The book offers accessible and fresh insights into the dynamics of the Supreme Court and the accomplishments of Earl Warren, the man, jurist, and political leader.
Download or read book Supreme Injustice written by Alan M. Dershowitz and published by Stranger Journalism. This book was released on 2003-11 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alan Dershowitz is especially well-qualified to comment upon the disgraceful elections of 2000. He concludes that the Supreme Court's reputation has been sullied and that by setting such an unfavourable precedent the American judicial system will be criticised for its lack of fairness at home and abroad.
Download or read book Democratic Justice Felix Frankfurter the Supreme Court and the Making of the Liberal Establishment written by Brad Snyder and published by W. W. Norton & Company. This book was released on 2022-08-23 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive biography of Felix Frankfurter, Supreme Court justice and champion of twentieth-century American liberal democracy. The conventional wisdom about Felix Frankfurter—Harvard law professor and Supreme Court justice—is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court’s principal villain. And yet none of these characterizations rings true. A pro-government, pro-civil rights liberal who rejected shifting political labels, Frankfurter advocated for judicial restraint—he believed that people should seek change not from the courts but through the democratic political process. Indeed, he knew American presidents from Theodore Roosevelt to Lyndon Johnson, advised Franklin Roosevelt, and inspired his students and law clerks to enter government service. Organized around presidential administrations and major political and world events, this definitive biography chronicles Frankfurter’s impact on American life. As a young government lawyer, he befriended Theodore Roosevelt, Louis Brandeis, and Holmes. As a Harvard law professor, he earned fame as a civil libertarian, Zionist, and New Deal power broker. As a justice, he hired the first African American law clerk and helped the Court achieve unanimity in outlawing racially segregated schools in Brown v. Board of Education. In this sweeping narrative, Brad Snyder offers a full and fascinating portrait of the remarkable life and legacy of a long misunderstood American figure. This is the biography of an Austrian Jewish immigrant who arrived in the United States at age eleven speaking not a word of English, who by age twenty-six befriended former president Theodore Roosevelt, and who by age fifty was one of Franklin Roosevelt’s most trusted advisers. It is the story of a man devoted to democratic ideals, a natural orator and often overbearing justice, whose passion allowed him to amass highly influential friends and helped create the liberal establishment.
Download or read book The Second Founding How the Civil War and Reconstruction Remade the Constitution written by Eric Foner and published by W. W. Norton & Company. This book was released on 2019-09-17 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.
Download or read book Advising the President written by William R. Casto and published by University Press of Kansas. This book was released on 2018-10-29 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: President George W. Bush authorized the use of torture. President Barack Obama directed the extrajudicial killing of an American citizen in Yemen. What President Donald Trump will do remains to be seen, but it is broadly understood that a president might test the limits of the law in extraordinary circumstances—and does so with advice from legal counsel. Advising the President is an exploration of this process, viewed through the experience of President Franklin D. Roosevelt and Robert H. Jackson on the eve of World War II. The book directly and honestly grapples with the ethical problems inherent in advising a president on actions of doubtful legality; eschewing partisan politics, it presents a practical, realistic model for rendering—and judging the propriety of—such advice. Jackson, who would go on to be the chief US prosecutor at the Nuremberg war crimes trials, was the US solicitor general from 1938–1940, US attorney general from 1940–1941, and Supreme Court justice from 1941–1954. William R. Casto uses his skill and insight as a legal historian to examine the legal arguments advanced by Roosevelt for controversial wartime policies such as illegal wiretapping and unlawful assistance to Great Britain, all of which were related to important issues of national security. Putting these episodes in political and legal context, Casto makes clear distinctions between what the adviser tells the president and what he tells others, including the public, and between advising the president and subsequently facilitating the president’s decision. Based upon the real-life experiences of a great attorney general advising a great president, Casto’s timely work presents a pragmatic yet ethically powerful approach to giving legal counsel to a president faced with momentous, controversial decisions.
Download or read book Strengthening Forensic Science in the United States written by National Research Council and published by National Academies Press. This book was released on 2009-07-29 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
