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Henry Friendly Greatest Judge Of His Era
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Book Synopsis Henry Friendly, Greatest Judge of His Era by : David M. Dorsen
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 2012-04-10 with total page 513 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, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.
Book Synopsis Reflections on Judging by : Richard A. Posner
Download or read book Reflections on Judging written by Richard A. Posner and published by Harvard University Press. This book was released on 2013-10-07 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Book Synopsis How Judges Think by : Richard A. Posner
Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Book Synopsis The Unexpected Scalia by : David M. Dorsen
Download or read book The Unexpected Scalia written by David M. Dorsen and published by Cambridge University Press. This book was released on 2017-02-06 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Scalia was an important and divisive force in the United States, and his recent death has prompted widespread interest in his legal opinions. The unique point of view presented in this book, written by a personal friend, will attract considerable attention, from both scholars of politics and the general public.
Download or read book The Chief written by Joan Biskupic and published by Basic Books. This book was released on 2019-03-26 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.
Book Synopsis The Lawyer-Judge Bias in the American Legal System by : Benjamin H. Barton
Download or read book The Lawyer-Judge Bias in the American Legal System written by Benjamin H. Barton and published by Cambridge University Press. This book was released on 2010-12-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
Book Synopsis Courting Death by : Carol S. Steiker
Download or read book Courting Death written by Carol S. Steiker and published by Harvard University Press. This book was released on 2016-11-07 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death
Book Synopsis Crusader for Justice by : Trevor W. Coleman
Download or read book Crusader for Justice written by Trevor W. Coleman and published by Wayne State University Press. This book was released on 2013-11-15 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: A complete biography of one of the seminal figures in American jurisprudence. The Honorable Damon J. Keith was appointed to the federal bench in 1967 and has served as a judge on the United States Court of Appeals for the Sixth Circuit since 1977, where he has been an eloquent defender of civil and constitutional rights and a vigorous enforcer of civil rights law. In Crusader for Justice: Federal Judge Damon J. Keith, authors Peter J. Hammer and Trevor W. Coleman present the first ever biography of native Detroiter Judge Keith, surveying his education, important influences, major cases, and professional and personal commitments. Along the way, the authors consult a host of Keith's notable friends and colleagues, including former White House deputy counsel John Dean, Supreme Court Justice Clarence Thomas, and industrialist Edsel Ford II for this candid and comprehensive volume. Hammer and Coleman trace Keith's early life, from his public school days in Detroit to his time serving in the segregated U.S. army and his law school years at Howard University at the dawn of the Civil Rights era. They reveal how Keith's passion for racial and social justice informed his career, as he became co-chairman of Michigan's first Civil Rights Commission and negotiated the politics of his appointment to the federal judiciary. The authors go on to detail Keith's most famous cases, including the Pontiac Busing and Hamtramck Housing cases, the 1977 Detroit Police affirmative action case, the so-called Keith Case (United States v. U.S. District Court), and the Detroit Free Pressv. Ashcroft case in 2002. They also trace Keith's personal commitment to mentoring young black lawyers, provide a candid look behind the scenes at the dynamics and politics of the Sixth Circuit Court of Appeals, and even discuss some of Keith's difficult relationships, for instance with the Detroit NAACP and Supreme Court Justice Clarence Thomas. Judge Keith's forty-five years on the bench offer a unique viewpoint on a tumultuous era of American and legal history. Readers interested in Civil Rights-era law, politics, and personalities will appreciate the portrait of Keith's fortitude and conviction in Crusader for Justice.
Book Synopsis Uncertain Justice by : Laurence Tribe
Download or read book Uncertain Justice written by Laurence Tribe and published by Macmillan. This book was released on 2014-06-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.
Book Synopsis The Pursuit of Justice by : Sir Harry Woolf
Download or read book The Pursuit of Justice written by Sir Harry Woolf and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Pursuit of Justice prints for the first time a collection of lectures and papers written and delivered by Lord Woolf since 1986, following his retirement in 2005 from the office of Lord Chief Justice and a judicial career that has spanned over four decades. The papers cover developments that have occurred in a variety of legal areas, and which continue to be relevant in a changing world, including the rule of law and the constitution, the role of judges, access to justice, human rights, medicine, the environment, crime and penal reform, and legal education. Each paper discusses the challenges that have arisen in English common law in recent times and the way they have been solved or attempted to be solved to ensure that justice is done: so that arrests and searches are made properly; that there are fair hearings; readily available lawful remedies; and the removal of unnecessary costs and delays.
Download or read book Won Over written by William Alsup and published by NewSouth Books. This book was released on 2019-03-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: What was it like growing up white in Mississippi as the Civil Rights Movement exploded in the 1950s and '60s. How did white children reconciled the decency and fairness taught by their parents with the indecency and unfairness of the Mississippi Way of Life, the euphemism applied to the pervasive Jim Crow. How did the Civil Rights Movement influence white kids coming of age in the most segregated place in America? Won Over, a memoir, examines these questions as it traces the journey of United States District Judge William Alsup, born white in 1945 to hard-working parents in Mississippi. They believed in segregation. But they also taught their children fairness and decency and therein lay the conflict, a struggle at the core of the human predicament in the South. As Won Over recalls near its outset, the author's earliest doubt about the system came at age twelve when what he'd thought stood as an abandoned shack at the bottom of a sand quarry turned out to be a school for black kids, whom we saw playing in the mud outside its door. At the end, Won Over reflects on a 1966 challenge by the author and his college roommate to the Mississippi Speaker Ban, an official rule against any "controversial" speaker coming onto a college campus in Mississippi, a rule used to quash their invitation to the state president of the NAACP to speak at their college, Mississippi State University. After a tense showdown, the roommates won that challenge. In January 1967, Aaron Henry became the first black ever to speak on a white college campus in Mississippi, receiving a standing ovation. The memoir traces the influences that drew the author from traditional Southern attitudes toward a color-blind ideal. Those influences included his older sister, Willanna, his closest circle of friends, a charismatic mentor in college, and the moral force of the Civil Rights Movement. Won Over recounts their steps along that journey — a counter protest to a John Birch Society billboard calling for the impeachment of Chief Justice Earl Warren; meeting personally with the brother of slain leader Medgar Evers to convey condolences; a letter to the editor of the statewide paper on behalf of his circle of friends declaring "We are for civil rights for Negroes"; joining his college roommate in a rally at Tougaloo College to support the Meredith March Against Racism; and going to the Liberty Baptist Church in Chicago to hear Dr. Martin Luther King, Jr. exhort the faithful in their summer-long protest against housing and employment discrimination. In 1967, William Alsup went on to Harvard Law School, then to clerk for Justice William O. Douglas. He briefly practiced civil rights law in Mississippi before moving to San Francisco, where he became a trial attorney and, in 1999, received an appointment as United States District Judge.
Book Synopsis Richard Posner by : William Domnarski
Download or read book Richard Posner written by William Domnarski and published by Oxford University Press. This book was released on 2016-08-26 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Richard Posner is one of the great legal minds of our age, on par with such generation-defining judges as Holmes, Hand, and Friendly. A judge on the U.S. Court of Appeals for the Seventh Circuit and the principal exponent of the enormously influential law and economics movement, he writes provocative books as a public intellectual, receives frequent media attention, and has been at the center of some very high-profile legal spats. He is also a member of an increasingly rare breed-judges who write their own opinions rather than delegating the work to clerks-and therefore we have unusually direct access to the workings of his mind and judicial philosophy. Now, for the first time, this fascinating figure receives a full-length biographical treatment. In Richard Posner, William Domnarski examines the life experience, personality, academic career, jurisprudence, and professional relationships of his subject with depth and clarity. Domnarski has had access to Posner himself and to Posner's extensive archive at the University of Chicago. In addition, Domnarski was able to interview and correspond with more than two hundred people Posner has known, worked with, or gone to school with over the course of his career, from grade school to the present day. The list includes among others members of the Harvard Law Review, colleagues at the University of Chicago, former law clerks over Posner's more than thirty years on the United States Court of Appeals for the Seventh Circuit, and even other judges from that court. Richard Posner is a comprehensive and accessible account of a unique judge who, despite never having sat on the Supreme Court, has nevertheless dominated the way law is understood in contemporary America.
Book Synopsis 51 Imperfect Solutions by : Judge Jeffrey S. Sutton
Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Book Synopsis Quest for Justice by : Henry E. Hudson
Download or read book Quest for Justice written by Henry E. Hudson and published by Ingram. This book was released on 2007 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: A young deputy sheriff goes to law school to become the people¿s lawyer. Then teams up with some sharp cops to tackle crime, first in his community and later nationally. Each step brings controversy as he progresses from county prosecutor to U.S. Attorney¿to Director of the U.S. Marshals Service¿ ultimately to Federal District Judge. You¿ll be shocked to learn how one prominent person tried to tube his career! Greta Van Susteren of Fox News says ¿crime news junkies will love Quest for Justice, . . . a thrilling tale of crime fighting adventure.¿ And Ollie North says, ¿Henry Hudson weaves a suspenseful tale that reads like a novel, but it¿s all true.¿ An insider¿s view of the world of criminal prosecution¿the good and the bad. He really strips the varnish off. Very entertaining!
Book Synopsis The Federal Administrative Agencies by : Henry J. Friendly
Download or read book The Federal Administrative Agencies written by Henry J. Friendly and published by . This book was released on 2013-10-01 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis John Marshall Harlan by : Tinsley E. Yarbrough
Download or read book John Marshall Harlan written by Tinsley E. Yarbrough and published by Oxford University Press. This book was released on 1992-03-12 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: When David Souter was nominated by President Bush to the Supreme Court, he cited John Marshall Harlan as his model. It was an interesting choice. Admired by conservatives and deeply respected by his liberal brethren, Harlan was a man, as Justice William Brennan lamented, whose "massive scholarship" has never been fully recognized. In addition, he was the second Harlan to sit on the Court, following his grandfather--also named John Marshall Harlan. But while his grandfather was an outspoken supporter of reconstruction on a conservative court, the younger Harlan emerged as a critic of the Warren Court's liberal expansion of civil liberties. Now, in the first biography of this important but neglected jurist, Tinsley Yarbrough provides a detailed account of Harlan's life, from his privileged childhood to his retirement and death. Yarbrough examines the forces and events which shaped the Justice's jurisprudence--his early life and often complex family relationships, education at Princeton and Oxford, his work as a prosecutor during Prohibition, Republican Party activities, wartime service in the Army Air Force, and years as one of the nation's preeminent corporate lawyers (a career culminating in his defense of the du Pont brothers in the massive DuPont-GM antitrust suit). The book focuses, however, on Harlan's years on the high bench. Yarbrough weaves together discussions of the Justice's relations with his brethren, clerks, and staff, an examination of Harlan's role in the decision-making process on the Court, and an analysis of his jurisprudence. The Justice's approach to constitutional interpretation exalted precedent, deference to governmental power, and narrow decisions closely tied to case facts; but he also accepted an evolving, creative model of constitutional construction which permitted expansive readings of constitutional rights. Yarbrough's details Harlan's close relationship with Justice Frankfurter, showing how--despite their friendship and alliance--Harlan strongly marked out his own position, both personally and judicially, on the Warren and Burger courts. And he examines the substance and significance of his dissents in such famous cases as Miranda and the Pentagon Papers. Intensively researched, smoothly written, and incisively argued, Yarbrough's biography offers an absorbing account of the life and career of a great dissenter, hailed by admirers as a "lawyer's lawyer" and a "judge's judge." Coming at a time when the high court has begun to adopt many of Harlan's principles, this account provides an essential perspective on the Court, civil liberties, and a pivotal figure in the history of both.
Book Synopsis The Great Dissenter by : Peter S. Canellos
Download or read book The Great Dissenter written by Peter S. Canellos and published by Simon and Schuster. This book was released on 2022-06-28 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --
