Prigg V Commonwealth Of Pennsylvania 41 Us 539 1842

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Justice Accused

Author : Robert M. Cover
Publisher : Yale University Press
ISBN 13 : 9780300032529
Total Pages : 340 pages
Book Rating : 4.0/5 (325 download)

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Book Synopsis Justice Accused by : Robert M. Cover

Download or read book Justice Accused written by Robert M. Cover and published by Yale University Press. This book was released on 1975-01-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak

The Constitution a Pro-slavery Compact

Author : Wendell Phillips
Publisher :
ISBN 13 :
Total Pages : 146 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Constitution a Pro-slavery Compact by : Wendell Phillips

Download or read book The Constitution a Pro-slavery Compact written by Wendell Phillips and published by . This book was released on 1845 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Keeping Faith with the Constitution

Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

The Supreme Court and the Constitution

Author : Charles Austin Beard
Publisher :
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Supreme Court and the Constitution by : Charles Austin Beard

Download or read book The Supreme Court and the Constitution written by Charles Austin Beard and published by . This book was released on 1912 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trial and Imprisonment of Jonathan Walker, at Pensacola, Florida, for Aiding Slaves to Escape from Bondage

Author : Jonathan Walker
Publisher :
ISBN 13 :
Total Pages : 142 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Trial and Imprisonment of Jonathan Walker, at Pensacola, Florida, for Aiding Slaves to Escape from Bondage by : Jonathan Walker

Download or read book Trial and Imprisonment of Jonathan Walker, at Pensacola, Florida, for Aiding Slaves to Escape from Bondage written by Jonathan Walker and published by . This book was released on 1846 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fugitive Justice

Author : Steven Lubet
Publisher : Harvard University Press
ISBN 13 : 0674059468
Total Pages : 378 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Fugitive Justice by : Steven Lubet

Download or read book Fugitive Justice written by Steven Lubet and published by Harvard University Press. This book was released on 2011-03-15 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the tumultuous decade before the Civil War, no issue was more divisive than the pursuit and return of fugitive slaves—a practice enforced under the Fugitive Slave Act of 1850. When free Blacks and their abolitionist allies intervened, prosecutions and trials inevitably followed. These cases involved high legal, political, and—most of all—human drama, with runaways desperate for freedom, their defenders seeking recourse to a “higher law” and normally fair-minded judges (even some opposed to slavery) considering the disposition of human beings as property. Fugitive Justice tells the stories of three of the most dramatic fugitive slave trials of the 1850s, bringing to vivid life the determination of the fugitives, the radical tactics of their rescuers, the brutal doggedness of the slavehunters, and the tortuous response of the federal courts. These cases underscore the crucial role that runaway slaves played in building the tensions that led to the Civil War, and they show us how “civil disobedience” developed as a legal defense. As they unfold we can also see how such trials—whether of rescuers or of the slaves themselves—helped build the northern anti-slavery movement, even as they pushed southern firebrands closer to secession. How could something so evil be treated so routinely by just men? The answer says much about how deeply the institution of slavery had penetrated American life even in free states. Fugitive Justice powerfully illuminates this painful episode in American history, and its role in the nation’s inexorable march to war.

The United States District Court for the Eastern District of Michigan

Author : David Gardner Chardavoyne
Publisher : Wayne State University Press
ISBN 13 : 0814337201
Total Pages : 458 pages
Book Rating : 4.8/5 (143 download)

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Book Synopsis The United States District Court for the Eastern District of Michigan by : David Gardner Chardavoyne

Download or read book The United States District Court for the Eastern District of Michigan written by David Gardner Chardavoyne and published by Wayne State University Press. This book was released on 2012-03-15 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: A chronological history of the United States District Court for the Eastern District of Michigan, from its beginnings in the 1830s to the present. The United States District Court for the Eastern District of Michigan, the federal trial court based in Detroit with jurisdiction over the eastern half of Michigan, was created in 1837 and operated as recently as 1923 with a single trial judge. Yet by 2010, the court had fifteen district judges, a dozen senior U.S. district judges and U.S. magistrate judges, and conducts court year-round in five federal buildings throughout the eastern half of Michigan (in Detroit, Bay City, Flint, Port Huron, and Ann Arbor). In The United States District Court for the Eastern District of Michigan: People, Law, and Politics, author David Gardner Chardavoyne details not only the growth of the court but the stories of its judges and others who have served the court, litigants who brought their conflicting interests to the court for resolution, and the people of the district who have been affected by the court. In chronological order, Chardavoyne charts the history of the court, its judges, and its major cases in five parts: The Wilkins Years, 1837 to 1870; The Industrial Revolution and the Gilded Age, 1870 to 1900; Decades of Tumult, 1900 to 1945; The Era of Grand Expectations, 1946 to 1976; and A Major Metropolitan Court, 1977 to 2010. Along the way, Chardavoyne highlights many issues of national concern faced by the court, including cases dealing with fugitive slave laws, espionage and treason, civil rights, and freedom of speech. Chardavoyne also examines how conflicting interests—political, local, and personal—have influenced the resolution of a myriad of issues not directly related to the court’s cases, such as who becomes a federal judge, how many judges the court should have, in which cities and in which buildings the judges hold court, what kinds of cases the judges can and cannot hear, and the geographical boundaries of the district and of divisions within the district. This volume includes helpful appendixes that list the Eastern District of Michigan Court’s Chief Judges, Clerks, Magistrates and Magistrate Judges, and United States Marshals; along with the succession of judges, and a list of District and Circuit Court Case Filings, 1837–2010. Legal professionals and scholars will appreciate this thorough history.

Origins of the Dred Scott Case

Author : Austin Allen
Publisher : University of Georgia Press
ISBN 13 : 0820336645
Total Pages : 287 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Origins of the Dred Scott Case by : Austin Allen

Download or read book Origins of the Dred Scott Case written by Austin Allen and published by University of Georgia Press. This book was released on 2010-01-25 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue—slavery—but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. Allen carefully tracks arguments made by Taney Court justices in more than 1,600 reported cases in the two decades prior to Dred Scott and in its immediate aftermath. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the Court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the Court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order—all at the same time. Here is a wealth of new insight into the internal dynamics of the Taney Court and the origins of its most infamous decision.

Changes in Law and Society during the Civil War and Reconstruction

Author : Christian G. Samito
Publisher : SIU Press
ISBN 13 : 0809386437
Total Pages : 354 pages
Book Rating : 4.8/5 (93 download)

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Book Synopsis Changes in Law and Society during the Civil War and Reconstruction by : Christian G. Samito

Download or read book Changes in Law and Society during the Civil War and Reconstruction written by Christian G. Samito and published by SIU Press. This book was released on 2009-06-22 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive collection of legal history documents from the Civil War and Reconstruction, this volume shows the profound legal changes that occurred during the Civil War era and highlights how law, society, and politics inextricably mixed and set American legal development on particular paths that were not predetermined. Editor Christian G. Samito has carefully selected excerpts from legislation, public and legislative debates, court cases, investigations of white supremacist violence in the South, and rare court-martial records, added his expert analysis, and illustrated the selections with telling period artwork to create an outstanding resource that demonstrates the rich and important legal history of the era.

Slavery and the Founders

Author : Paul Finkelman
Publisher : M.E. Sharpe
ISBN 13 : 076564147X
Total Pages : 325 pages
Book Rating : 4.7/5 (656 download)

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Book Synopsis Slavery and the Founders by : Paul Finkelman

Download or read book Slavery and the Founders written by Paul Finkelman and published by M.E. Sharpe. This book was released on 2014-04-08 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this classic work addresses how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. This third edition incorporates a new chapter on the regulation of the African slave trade and the latest research on Thomas Jefferson.

The Founders and the Idea of a National University

Author : George Thomas
Publisher : Cambridge University Press
ISBN 13 : 1107083435
Total Pages : 253 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Founders and the Idea of a National University by : George Thomas

Download or read book The Founders and the Idea of a National University written by George Thomas and published by Cambridge University Press. This book was released on 2015 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Constituting the American Mind is about early efforts to establish a national university and what those efforts say about the nature and logic of American Constitutionalism. This book offers the first in depth study of the efforts to establish a national university from a constitutional perspective. While mostly noted in passing, the national university was put forward by every president from Washington to John Quincy Adams as a necessary supplement to the formal institutions of government; it would help constitute the American mind in a manner that carried forward the ideas the constitution rested on including, for example, the separation of the "civic" from the "theological.""--

Justice Rehnquist, the Supreme Court, and the Bill of Rights

Author : Steven T. Seitz
Publisher : Rowman & Littlefield
ISBN 13 : 1498568866
Total Pages : 295 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Justice Rehnquist, the Supreme Court, and the Bill of Rights by : Steven T. Seitz

Download or read book Justice Rehnquist, the Supreme Court, and the Bill of Rights written by Steven T. Seitz and published by Rowman & Littlefield. This book was released on 2020-07-02 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bill of Rights and Civil War Amendments created a triangular power struggle among state, nation and individual. Using chronological court cases, this book examines how the Supreme Court became arbiter among the three claimants to power, sometimes backtracking and sometimes taking a bold leap forward. Focusing on Justice Rehnquist’s lengthy term on the Supreme Court, Steven T. Seitz examines the growth and emphasis of individual sovereignty throughout the twentieth century. Highlighting some of the dispositional problems with Rehnquist decisions, the book uses the sustainable case law standard instead of applauding either conservative or liberal point of view which provides new vantage points on topics like equal protection of women, due process in several arenas, contracts, free speech, sex, and guns.

Social Identity and the Law

Author : Barbara L. Graham
Publisher : Routledge
ISBN 13 : 1351067095
Total Pages : 506 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Social Identity and the Law by : Barbara L. Graham

Download or read book Social Identity and the Law written by Barbara L. Graham and published by Routledge. This book was released on 2018-10-11 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social Identity and the Law: Race, Sexuality and Intersectionality is an important resource for inquiry into the relationship between law and social identity in the contexts of race, sexuality and intersectionality in the United States. The book provides a systematic legal treatment of selected historical and contemporary civil rights and social justice issues in areas affecting African Americans, Latinos/as, Asian Americans and LGBTQ persons from a law and politics perspective. It covers topics such as the legal and social construction of social identity, slavery and the rise of Jim Crow, discrimination based on national origin and citizenship, educational equity, voting rights, workplace discrimination, discrimination in private and public spaces, regulation of intimate relationships, marriage and reproductive justice, and criminal justice. Lecturers will benefit from: Fifty-seven excerpted cases accompanied with engaging questions presented at the beginning of each case to stimulate class discussion. An eResource including 129 supplemental case excerpts and case briefs for all excerpted cases appearing in the book. Suggested reading lists at the end of each chapter recommending key articles and books to help students survey the academic literature on the topics. With a logical chapter structure and accessible writing style, this textbook is an essential companion for use on undergraduate courses on American constitutional law, civil liberties and civil rights, social justice, and race and law.

The Ages of American Law

Author : Grant Gilmore
Publisher : Yale University Press
ISBN 13 : 0300189915
Total Pages : 248 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Ages of American Law by : Grant Gilmore

Download or read book The Ages of American Law written by Grant Gilmore and published by Yale University Press. This book was released on 2014-01-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."--New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends--given body by broad learning and a keen imagination and spiced with wit."--Willard Hurst

A Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges thereof, in the Case of Dred Scott versus John F. A. Sandford

Download A Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges thereof, in the Case of Dred Scott versus John F. A. Sandford PDF Online Free

Author : Benjamin C. Howard
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.B/5 (1 download)

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Book Synopsis A Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges thereof, in the Case of Dred Scott versus John F. A. Sandford by : Benjamin C. Howard

Download or read book A Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges thereof, in the Case of Dred Scott versus John F. A. Sandford written by Benjamin C. Howard and published by . This book was released on 1857 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rule of Law and Fundamental Rights

Author : Alfredo Narváez Medécigo
Publisher : Springer
ISBN 13 : 3319245627
Total Pages : 275 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Rule of Law and Fundamental Rights by : Alfredo Narváez Medécigo

Download or read book Rule of Law and Fundamental Rights written by Alfredo Narváez Medécigo and published by Springer. This book was released on 2015-11-07 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.

The Dred Scott Case

Author : Don Edward Fehrenbacher
Publisher :
ISBN 13 :
Total Pages : 802 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Dred Scott Case by : Don Edward Fehrenbacher

Download or read book The Dred Scott Case written by Don Edward Fehrenbacher and published by . This book was released on 1978 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Pulitzer Prize in 1979, The Dred Scott Case is a masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history."On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery.This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.