Download or read book The Hughes Court Volume 11 written by Mark V. Tushnet and published by Oliver Wendell Holmes Devise History of the Supreme Court of the United States. This book was released on 2022-02-03 with total page 1273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive study of the US Supreme Court that explores the transformation of constitutional law from 1930 to 1941.
Download or read book The Hughes Court written by Michael E. Parrish and published by Bloomsbury Publishing USA. This book was released on 2002-07-11 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth analysis of the workings and legacy of the Supreme Court led by Charles Evans Hughes. Charles Evans Hughes, a man who, it was said, "looks like God and talks like God," became chief justice in 1930, a year when more than 1,000 banks closed their doors. Today the Hughes Court is often remembered as a conservative bulwark against Franklin Roosevelt's New Deal. But that view, according to author Michael Parrish, is not accurate. In an era when Nazi Germany passed the Nuremberg Laws and extinguished freedom in much of Western Europe, the Hughes Court put the stamp of constitutional approval on New Deal entitlements, required state and local governments to bring their laws into conformity with the federal Bill of Rights, and took the first steps toward developing a more uniform code of criminal justice.
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.
Download or read book The Hughes Court Volume 11 written by Mark V. Tushnet and published by Cambridge University Press. This book was released on 2022-02-03 with total page 1273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation.
Download or read book Elements of Judicial Strategy written by Walter F. Murphy and published by Quid Pro Books. This book was released on 2016-06-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Brethren written by Bob Woodward and published by Simon and Schuster. This book was released on 2011-05-31 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.
Download or read book Justice Deferred written by Orville Vernon Burton and published by Harvard University Press. This book was released on 2021-05-04 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.
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 Minimum Standards of Judicial Administration written by Arthur T. Vanderbilt and published by . This book was released on 1949 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rethinking the New Deal Court written by Barry Cushman and published by Oxford University Press. This book was released on 1998-02-26 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.
Download or read book Making Our Democracy Work written by Stephen Breyer and published by Vintage. This book was released on 2011-09-13 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charged with the responsibility of interpreting the Constitution, the Supreme Court has the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can it help make our democracy work? In this groundbreaking book, Justice Stephen Breyer tackles these questions and more, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come.
Download or read book The Autobiographical Notes of Charles Evans Hughes written by Charles Evans Hughes and published by . This book was released on 1973 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charles Evans Hughes (1862-1948) was lawyer, governor of New York, Supreme Court Justice, presidential candidate in 1916, Secretary of State in the Harding and Coolidge administrations, a member of the World Court, and Chief Justice of the United States from 1930 until his retirement in 1941. To some, Hughes appeared larger than life. Robert H. Jackson once said of him, "[He] looks like God and talks like God." But to those who knew him well, he was quite human, extraordinarily gifted, but human nonetheless. His Autobiographical Notes portray him as no biography could and provide comment on almost a century of American history as seen by one who played a part in shaping its course. Hughes's notes reveal two sides of his personality--a serious side when he was at work, and a genial, sometimes humorous, side when he was relaxing or with friends and family. When he writes of unofficial life--especially his boyhood, college years, and early years at the bar--he is raconteur telling his story with a certain amount of humor; when he writes of his official life he tends to be matter-of-fact. The early chapters describe the formative influence which shaped his character: his loving but intellectually demanding parents and deeply religious training; his unusual early education, which took place mostly at home and gave full scope to his precocity. Hughes's accounts of college life in the 1870s at Madison (now Colgate) and Brown University and of his career as a young lawyer in the New York City of the 1880s and 1890s are valuable portraits of an era. Brought up to a high sense of duty, Hughes, from the start of his career, felt bound to take worthy legal cases and it was his reputation for integrity and thoroughness that led to his selection as counsel in the gas and insurance investigations of 1905-1906. This was the turn of events that precipitated him into the public eye and, subsequently, into politics. The culmination of his career came in 1937 when he led the Supreme Court through a constitutional crisis and confronted Franklin Roosevelt in the Court packing battle. In the intervening thirty years, Hughes was a major figure in American political and legal circles. His Notes record his impressions of presidents, statesmen, and justices. His reflections on the diplomacy of the 1920s and on the causes leading up to the Second World War are of immense historical importance. The editors have supplied an introduction to the Notes, commenting on Hughes's personality and public image, his political style and rise to fame. They have remained unobtrusive throughout, intervening only to clarify references and provide necessary details. For the rest, they let Hughes speak for himself in the crisp and clear style that reveals his unusual intelligence and the retentive and analytical mind that distinguished his conduct of affairs. Justice Felix Frankfurther wrote of Hughes: "I have known or know about most of the leading men of my time both here and in England enough to justify me in forming a judgment. There isn't the slightest doubt that C.E.H. is among the few really sizable figures of my lifetime. He is three-dimensional and has impact." Here, in these Notes, is this great man drawn in life-size proportions.
Download or read book The Judicial and Civil History of Connecticut written by Dwight Loomis and published by . This book was released on 1895 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Decision written by Bernard Schwartz and published by Oxford University Press, USA. This book was released on 1997-10-30 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the Supreme Court's decision making process, based on documentary sources and interviews with justices and law clerks. Provides insight into some of the most important cases to come before the court and includes portraits of many of the justices in action.
Download or read book Criminal Procedure in the District Court written by Christopher Hughes (Lawyer) and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a concise examination of Irish law and procedures most frequently encountered by practitioners in Ireland's District Court criminal law proceedings. The book provides succinct summaries of the relevant legislation, consolidated and annotated, for a broad range of the most commonly prosecuted offenses in the District Court. Presented in a simple, clear, and user-friendly format, the combination of practitioner tips, sample drafting/documentation, and consolidated and annotated legislation for a diverse array of commonly prosecuted offenses makes the book distinct and unique in its content and analysis of District Court criminal law practice and procedure. It will be essential for any legal practitioner (in particular solicitors) or member of the Gardai specializing in District Court criminal law. It additionally serves as a comprehensive resource and useful point of reference for legal academics, law students, and members of the public with an interest in criminal law as encountered in the District Court. Contents include: Background to the District Court * Instituting Proceedings and First Appearance * Bail * Disclosure * Legal Aid * Bench Warrants * Adjournments and Remands * Theft and Fraud Offenses "Public Law" Offenses * Road Traffic Offenses * Fixed Charge and Penalty Points Offenses * Non-Fatal, Firearm and Offensive Weapons, and Domestic Violence Offenses * Criminal Damage Offenses * "Attempt" and Other Inchoate Offenses * Public Order Offenses * Drug Offenses * Structure of a Hearing in the District Court * Evidence * Sentencing in the District Court * Appeals from the District Court * Case Stated * Judicial Review * Adult Cautioning Scheme * Costs. [Subject: Irish Law, Criminal Law]
Download or read book Hugo Black written by Roger K. Newman and published by Pantheon. This book was released on 1994 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: The extraordinary story of a man who bestrode his era like a colossus, Hugo Black is the first and only comprehensive biography of the Supreme Court Justice of thirty four years, (1886-1971). Once a member of the Ku Klux Klan, Black became one of the most celebrated and important civil libertarians in the history of the United States and the chief twentieth-century proponent of the First Amendment. Newman presents us with the long odyssey of Hugo Black, capturing the man as he wasa brilliant trial lawyer, the investigating senator called by one reporter a walking encyclopedia with a Southern accent, and the wily politician and astute justice who led the redirection of American law toward the protection of the individual.
Download or read book The American Judicial Tradition written by G. Edward White and published by Oxford University Press. This book was released on 2007-01-18 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous editions published : 1988 (expanded), 1976 (1st).
