Download or read book The Papers of John Marshall written by Charles F. Hobson and published by UNC Press Books. This book was released on 2012-12 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This twelfth volume of The Papers of John Marshall concludes the first scholarly annotated edition of the correspondence and papers of the great statesman and jurist. In providing an accessible documentary record of Marshall's life and legal career, this collection has become an invaluable scholarly resource for the study of American law and the Constitution in their formative stages. Volume XII covers the final years of Marshall's life, from January 1831 to his death in July 1835. It also includes an addendum of documents (mostly letters) from 1783 to 1829 that came to light after publication of their appropriate chronological volumes. More of Marshall's correspondence survives from his last years than from any other period of his life. Nullification, the Cherokee cases, the bank bill, the election of 1832, the anti-Masonic movement, slavery, and African colonization are among the topics that prompted Marshall's comments and reflections. Family letters provide intimate details of Marshall's 1831 operation for the removal of bladder stones, his companionate marriage to "dearest Polly" (who died at the end of 1831), and his relationships with his children and grandchildren. Judicial opinions published here in full include Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832). Major editorial notes set forth the background and circumstances of these celebrated cases.
Download or read book Judges and Unjust Laws written by Douglas E. Edlin and published by University of Michigan Press. This book was released on 2010-07-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: "With keen insight into the common law mind, Edlin argues that there are rich resources within the law for judges to ground their opposition to morally outrageous laws, and a legal obligation on them to overturn it, consequent on the general common law obligation to develop the law. Thus, seriously unjust laws pose for common law judges a dilemma within the law, not just a moral challenge to the law, a conflict of obligations, not just a crisis of conscience. While rooted firmly in the history of common law jurisprudence, Edlin offers an entirely fresh perspective on an age-old jurisprudential conundrum. Edlin's case for his thesis is compelling." ---Gerald J. Postema, Cary C. Boshamer Professor of Philosophy and Professor of Law, University of North Carolina at Chapel Hill, and author of Bentham and the Common Law Tradition "Douglas Edlin builds a powerful historical, conceptual, and moral case for the proposition that judges on common law grounds should refuse to enforce unjust legislation. This is sure to be controversial in an age in which critics already excoriate judges for excessive activism when conducting constitutional judicial review. Edlin's challenge to conventional views is bold and compelling." ---Brian Z. Tamanaha, Chief Judge Benjamin N. Cardozo Professor of Law, St. John's University, and author of Law as a Means to an End: Threat to the Rule of Law "Professor Edlin's fascinating and well-researched distinction between constitutional review and common law review should influence substantially both scholarship on the history of judicial power in the United States and contemporary jurisprudential debates on the appropriate use of that power." ---Mark Graber, Professor of Law and Government, University of Maryland, and author of Dred Scott and the Problem of Constitutional Evil Is a judge legally obligated to enforce an unjust law? In Judges and Unjust Laws, Douglas E. Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a dual mandate: to apply the law and to develop it. There is no conflict between their official duty and their moral responsibility. Consequently, judges have the authority---perhaps even the obligation---to refuse to enforce laws that they determine unjust. As Edlin demonstrates, exploring the problems posed by unjust laws helps to illuminate the institutional role and responsibilities of common law judges. Douglas E. Edlin is Associate Professor of Political Science at Dickinson College.
Download or read book The Mississippi Quarterly written by and published by . This book was released on 2000 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Papers of John Marshall Correspondence papers and selected judicial opinions April 1827 December 1830 written by John Marshall and published by Omohundro Institute and Unc Press. This book was released on 1974 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers of John Marshall: Vol. XI: Correspondence, Papers, and Selected Judicial Opinions, April 1827 - December 1830
Download or read book The British National Bibliography written by Arthur James Wells and published by . This book was released on 2002 with total page 1896 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Papers of John Marshall written by John Marshall and published by Omohundro Institute and Unc Press. This book was released on 1974 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers of John Marshall: Vol X: Correspondence, Papers, and Selected Judicial Opinions, January 1824-April 1827
Download or read book Index to Legal Periodicals Books written by and published by . This book was released on 2004 with total page 2000 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Michigan Law Review written by and published by . This book was released on 1999 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Works of Thomas Jefferson written by Thomas Jefferson and published by Sagwan Press. This book was released on 2018-02-04 with total page 574 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.
Download or read book Humanities written by and published by . This book was released on 2000 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Papers of John Marshall Correspondence papers and selected judicial opinions January 1820 December 1823 written by John Marshall and published by Omohundro Institute and Unc Press. This book was released on 1974 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers of John Marshall: Volume IX: Correspondence, Papers, and Selected Judicial Opinions, January 1820-December 1823
Download or read book John Marshall written by Jean Edward Smith and published by Henry Holt and Company. This book was released on 2014-03-10 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Notable Book of 1996 It was in tolling the death of Supreme Court Chief Justice John Marshall in 1835 that the Liberty Bell cracked, never to ring again. An apt symbol of the man who shaped both court and country, whose life "reads like an early history of the United States," as the Wall Street Journal noted, adding: Jean Edward Smith "does an excellent job of recounting the details of Marshall's life without missing the dramatic sweep of the history it encompassed." Working from primary sources, Jean Edward Smith has drawn an elegant portrait of a remarkable man. Lawyer, jurist, scholars; soldier, comrade, friend; and, most especially, lover of fine Madeira, good food, and animated table talk: the Marshall who emerges from these pages is noteworthy for his very human qualities as for his piercing intellect, and, perhaps most extraordinary, for his talents as a leader of men and a molder of consensus. A man of many parts, a true son of the Enlightenment, John Marshall did much for his country, and John Marshall: Definer of a Nation demonstrates this on every page.
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 The Life of John Marshall written by Albert Jeremiah Beveridge and published by . This book was released on 1919 with total page 1366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Papers of John Marshall Correspondence papers and selected judicial opinions March 1814 December 1819 written by John Marshall and published by . This book was released on 1974 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sponsored by the College of William and Mary and the Institute of Early American History and Culture under the auspices of the National Historical Publications Commission.
Download or read book America History and Life written by and published by . This book was released on 2005 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article abstracts and citations of reviews and dissertations covering the United States and Canada.
