Reconstruction And Reunion 1864 88 Part One

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Leaving the Bench

Author : David N. Atkinson
Publisher : University Press of Kansas
ISBN 13 : 0700610588
Total Pages : 262 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Leaving the Bench by : David N. Atkinson

Download or read book Leaving the Bench written by David N. Atkinson and published by University Press of Kansas. This book was released on 1998-12-31 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suffering from a bad heart, emphysema, glaucoma, and deafness, Thurgood Marshall finally retired from the Supreme Court at the age of 82 in spite of having always claimed "I was appointed to a life term, and I intend to serve it." Many observers felt he should have left much earlier. Life appointments make Supreme Court justices among the most powerful officials in government and allow even dysfunctional judges to stay on long after they should have departed. For that reason, when a justice leaves the bench is often as controversial as when he's appointed. This first comprehensive historical treatment of their deaths, resignations, and retirements explains when and why justices do step down. It considers the diverse circumstances under which they leave office and clarifies why they often are reluctant to, showing how factors like pensions, party loyalty, or personal pride come into play. It also relates physical ailments to mental faculties, offering examples of how a justice's disability sometimes affects Court decisions. David Atkinson examines each of the nearly 100 men who have left the bench and provides anecdotal glimpses into the lives of famous and obscure justices alike. He reveals how men like Salmon Chase and William O. Douglas determinedly continued to serve after suffering strokes, how Joseph McKenna persevered despite knowing he was professionally unqualified, and how, long before Thurgood Marshall, the ailing octogenarian Gabriel Duvall finally retired after struggling to protect another ideological position on the Court. Ultimately, Atkinson shows just how human these people are and enhances our understanding of how the Court conducts its business. He also suggests specific ways to improve the present situation, weighing the pros and cons of mandatory retirement and calling for reform in the delegation of duties to law clerks-who in recent years have dominated the actual writing of many justices' decisions. As the current Court ages, how long might we expect justices to remain on the bench? Because our next president will likely make several appointments, now is the time to consider what shape the Supreme Court will take in the next century. Offering a wealth of information never before collected, Leaving the Bench provides substantial grist for that debate and will serve as an unimpeachable reference on the Court.

Glazer and FitzGibbon on Legal Opinions

Author : Donald W. Glazer
Publisher : Wolters Kluwer
ISBN 13 : 073556065X
Total Pages : 2082 pages
Book Rating : 4.7/5 (355 download)

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Book Synopsis Glazer and FitzGibbon on Legal Opinions by : Donald W. Glazer

Download or read book Glazer and FitzGibbon on Legal Opinions written by Donald W. Glazer and published by Wolters Kluwer. This book was released on 2008-01-01 with total page 2082 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now you can draft and defend accurate, well-supported third party legal opinions with complete confidence! In Glazer and FitzGibbon on Legal Opinions: Drafting, Interpreting, and Supporting Closing Opinions in Business Transactions, Third Edition, three outstanding authorities give you intensely practical guidance - including sample opinion language throughout the text - that shows you how to determine which versions of the standard opinion clauses you should use, establish the factual basis for the opinion, and take all the steps necessary to support your opinion. The authors describe customary practice and its implications, identify areas of uncertainty and suggests how disputed areas should be resolved. Extensive appendices reproduce all the ABA and TriBar Opinion Committee Reports, as well as all the Bar Association reports of various states. This valuable information is also included on a bonus companion CD-ROM.

The History of the Supreme Court of the United States

Author : William M. Wiecek
Publisher : Cambridge University Press
ISBN 13 : 9780521848206
Total Pages : 762 pages
Book Rating : 4.8/5 (482 download)

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Book Synopsis The History of the Supreme Court of the United States by : William M. Wiecek

Download or read book The History of the Supreme Court of the United States written by William M. Wiecek and published by Cambridge University Press. This book was released on 2006-01-23 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Birth of the Modern Constitution recounts the history of the United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution in the 1930s and Warren-Court judicial activism in the 1950s. 1941-1953 marked the emergence of legal liberalism, in the divergent activist efforts of Hugo Black, William O. Douglas, Frank Murphy, and Wiley Rutledge. The Stone/Vinson Courts consolidated the revolutionary accomplishments of the New Deal and affirmed the repudiation of classical legal thought, but proved unable to provide a substitute for that powerful legitimating explanatory paradigm of law. Hence the period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty-first century.

Historic U.S. Court Cases

Author : John W. Johnson
Publisher : Routledge
ISBN 13 : 1135955948
Total Pages : 653 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Historic U.S. Court Cases by : John W. Johnson

Download or read book Historic U.S. Court Cases written by John W. Johnson and published by Routledge. This book was released on 2003-12-16 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays looks at over 200 major court cases, at both state and federal levels, from the colonial period to the present. Organized thematically, the articles range from 1,000 to 5,000 words and include recent topics such as the Microsoft antitrust case, the O.J. Simpson trials, and the Clinton impeachment. This new edition includes 43 new essays as well as updates throughout, with end-of-essay bibliographies and indexes by case and subject/name.

Records and Briefs of the United States Supreme Court

Author :
Publisher :
ISBN 13 :
Total Pages : 1140 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Records and Briefs of the United States Supreme Court by :

Download or read book Records and Briefs of the United States Supreme Court written by and published by . This book was released on 1832 with total page 1140 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Guide to United States Supreme Court Decisions

Author : Kermit Hall
Publisher : Oxford University Press
ISBN 13 : 0190452242
Total Pages : pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis The Oxford Guide to United States Supreme Court Decisions by : Kermit Hall

Download or read book The Oxford Guide to United States Supreme Court Decisions written by Kermit Hall and published by Oxford University Press. This book was released on 2009-03-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court has been the site of some of the great debates of American history, from child labor and prayer in the schools, to busing and abortion. The Oxford Guide to United States Supreme Court Decisions offers lively and insightful accounts of the most important cases ever argued before the Court, from Marbury v. Madison and Scott v. Sandford (the Dred Scott decision) to Brown v. Board of Education and Roe v. Wade. This new edition of the Guide contains more than 450 entries on major Supreme Court cases, including 53 new entries on the latest landmark rulings. Among the new entries are Bush v. Gore, Nixon v. United States, Gonzales v. Planned Parenthood Federation of America, and Rumsfeld v. Forum for Academic and Institutional Rights. Four decisions (Hamdi v. Bush, Hamdan v. Rumsfeld, Rasu v. Bush, and Rumsfeld v. Padilla) are considered in a single essay entitled "Enemy Combatant Cases." Arranged alphabetically and written by eminent legal scholars, each entry provides the United States Reports citation, the date the case was argued and decided, the vote of the Justices, who wrote the opinion for the Court, who concurred, and who dissented. More important, the entries feature an informative account of the particulars of the case, the legal and social background, the reasoning behind the Courts decision, and the cases impact on American society. For this edition, Ely has added an extensive Further Reading section and revised the Case Index and Topical Index. For anyone interested in the great controversies of our time, this invaluable book is a must reada primer on the epic constitutional battles that have informed American life.

The Development of American Citizenship, 1608-1870

Author : James H. Kettner
Publisher : UNC Press Books
ISBN 13 : 0807839760
Total Pages : 404 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis The Development of American Citizenship, 1608-1870 by : James H. Kettner

Download or read book The Development of American Citizenship, 1608-1870 written by James H. Kettner and published by UNC Press Books. This book was released on 2014-01-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: he concept of citizenship that achieved full legal form and force in mid-nineteenth-century America had English roots in the sense that it was the product of a theoretical and legal development that extended over three hundred years. This prize-winning volume describes and explains the process by which the cirumstances of life in the New World transformed the quasi-medieval ideas of seventeenth-century English jurists about subjectship, community, sovereignty, and allegiance into a wholly new doctrine of "volitional allegiance." The central British idea was that subjectship involved a personal relationship with the king, a relationship based upon the laws of nature and hence perpetual and immutable. The conceptual analogue of the subject-king relationship was the natural bond between parent and child. Across the Atlantic divergent ideas were taking hold. Colonial societies adopted naturalization policies that were suited to practical needs, regardless of doctrinal consistency. Americans continued to value their status as subjects and to affirm their allegiance to the king, but they also moved toward a new understanding of the ties that bind individuals to the community. English judges of the seventeenth and eighteenth centuries assumed that the essential purpose of naturalization was to make the alien legally the same as a native, that is, to make his allegiance natural, personal, and perpetual. In the colonies this reasoning was being reversed. Americans took the model of naturalization as their starting point for defining all political allegiance as the result of a legal contract resting on consent. This as yet barely articulated difference between the American and English definition of citizenship was formulated with precision in the course of the American Revolution. Amidst the conflict and confusion of that time Americans sought to define principles of membership that adequately encompassed their ideals of individual liberty and community security. The idea that all obligation rested on individual volition and consent shaped their response to the claims of Parliament and king, legitimized their withdrawal from the British empire, controlled their reaction to the loyalists, and underwrote their creation of independent governments. This new concept of citizenship left many questions unanswered, however. The newly emergent principles clashed with deep-seated prejudices, including the traditional exclusion of Indians and Negroes from membership in the sovereign community. It was only the triumph of the Union in the Civil War that allowed Congress to affirm the quality of native and naturalized citizens, to state unequivocally the primacy of the national over state citizenship, to write black citizenship into the Constitution, and to recognize the volitional character of, the status of citizen by formally adopting the principle of expatriation.-->

Preferences and Situations

Author : Ira Katznelson
Publisher : Russell Sage Foundation
ISBN 13 : 1610443330
Total Pages : 354 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis Preferences and Situations by : Ira Katznelson

Download or read book Preferences and Situations written by Ira Katznelson and published by Russell Sage Foundation. This book was released on 2005-09-08 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: A scholarly gulf has tended to divide historians, political scientists, and social movement theorists on how people develop and act on their preferences. Rational choice scholars assumed that people—regardless of the time and place in which they live—try to achieve certain goals, like maximizing their personal wealth or power. In contrast, comparative historical scholars have emphasized historical context in explaining people's behavior. Recently, a common emphasis on how institutions—such as unions or governments—influence people's preferences in particular situations has emerged, promising to narrow the divide between the two intellectual camps. In Preferences and Situations, editors Ira Katnelson and Barry Weingast seek to expand that common ground by bringing together an esteemed group of contributors to address the ways in which institutions, in their wider historical setting, induce people to behave in certain ways and steer the course of history. The contributors examine a diverse group of topics to assess the role that institutions play in shaping people's preferences and decision-making. For example, Margaret Levi studies two labor unions to determine how organizational preferences are established. She discusses how the individual preferences of leaders crystallize and become cemented into an institutional culture through formal rules and informal communication. To explore how preferences alter with time, David Brady, John Ferejohn, and Jeremy Pope examine why civil rights legislation that failed to garner sufficient support in previous decades came to pass Congress in 1964. Ira Katznelson reaches back to the 13th century to discuss how the institutional development of Parliament after the signing of the Magna Carta led King Edward I to reframe the view of the British crown toward Jews and expel them in 1290. The essays in this book focus on preference formation and change, revealing a great deal of overlap between two schools of thought that were previously considered mutually exclusive. Though the scholarly debate over the merits of historical versus rational choice institutionalism will surely rage on, Preferences and Situations reveals how each field can be enriched by the other.

The Supreme Court and the American Elite, 1789–2020

Author : Lucas A. Powe, Jr.
Publisher : University Press of Kansas
ISBN 13 : 0700632816
Total Pages : 520 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Supreme Court and the American Elite, 1789–2020 by : Lucas A. Powe, Jr.

Download or read book The Supreme Court and the American Elite, 1789–2020 written by Lucas A. Powe, Jr. and published by University Press of Kansas. This book was released on 2022-01-07 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court and the American Elite, 1789–2020, Expanded Second Edition is a history of the Court placed within the context of a broader history of the United States and its politics. In contrast to a typical book on US history, where the Supreme Court appears, if at all, as an interruption here and there, or, in a typical history of the Supreme Court, where political events intrude occasionally, Lucas A. Powe, Jr., situates the Court and its work into a broad narrative of American history. Powe places the Court within the context of history and the insights of political science while remaining true to the ways the justices perceived their own work. Instead of viewing the Court as a competitor with the other two branches of government (although occasionally it is), Powe views it as a part of a ruling regime doing its part to implement the regime’s policies. Some of its most historically controversial decisions are far less so when set within the politics of the time. Justices are, after all, as subject to the same economic, social, and intellectual currents as other upper-middle-class professional elites. The book’s dominant theme is that the Court is a majoritarian institution—that is, it identifies with and serves ruling political coalitions. The justices are for the most part in tune with their times. Relatedly, changes in personnel matter; a president able to appoint several justices can, and does, change the direction of the Court. Thus, the Court and its decisions have moved to the center of presidential politics. This new edition adds two chapters detailing the history of the Court since 2008, including how the Court has changed election law, its entrance into the healthcare controversies, expansion of LBGTQ rights, and the 2020 Census controversies. The first new chapter looks at the centrist jurisprudence of Justice Anthony Kennedy and his dominant presence as the decisive vote in a series of 5–4 decisions. The second looks at the toxic partisan political climate in the aftermath of Justice Scalia’s death and Republican control of the Court.

The Supreme Court and the American Elite, 1789-2008

Author : Lucas A. Powe, Jr.
Publisher : Harvard University Press
ISBN 13 : 0674032675
Total Pages : 432 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Supreme Court and the American Elite, 1789-2008 by : Lucas A. Powe, Jr.

Download or read book The Supreme Court and the American Elite, 1789-2008 written by Lucas A. Powe, Jr. and published by Harvard University Press. This book was released on 2009 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this engaging - and disturbing - book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.

John Marshall Harlan

Author : Loren P. Beth
Publisher : University Press of Kentucky
ISBN 13 : 0813149851
Total Pages : 328 pages
Book Rating : 4.8/5 (131 download)

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Book Synopsis John Marshall Harlan by : Loren P. Beth

Download or read book John Marshall Harlan written by Loren P. Beth and published by University Press of Kentucky. This book was released on 2014-07-11 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harlan. Known today to every student of constitutional law, principally for his dissenting opinions in early racial discrimination cases, Harlan was an important actor in every major public issue that came before the Supreme Court during his thirty-three-year tenure. Named by a hopeful father for Chief Justice John Marshall, Harlan began his career as a member of the Kentucky Whig slavocracy. Loren Beth traces the young lawyer's development from these early years through the secession crisis and Civil War, when Harlan remained loyal to the Union, both as a politician and as a soldier. As Beth demonstrates, Harlan gradually shifted during these years to an antislavery Republicanism that still emphasized his adherence to the Whig principles of Unionism and national power as against states' rights. Harlan's Supreme Court career (1877-1911) was characterized by his fundamental disagreement with nearly every judicial colleague of his day. His ultimate stance -- as the Great Dissenter, the champion of civil rights, the upholder of the powers of Congress -- emerges as the logical outgrowth of his pre-Court life. Harlan's significance for today's reader is underlined by the Supreme Court's adoption, beginning in the 1930s, of most of his positions on the Fourteenth Amendment and the Commerce Clause of the Constitution. This fine biography is also an important contribution to constitutional history. Historians, political scientists, and legal scholars will come from its pages with renewed appreciation for one of our judicial giants.

Principle and Interest

Author : Herbert E. Sloan
Publisher : University of Virginia Press
ISBN 13 : 9780813920931
Total Pages : 396 pages
Book Rating : 4.9/5 (29 download)

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Book Synopsis Principle and Interest by : Herbert E. Sloan

Download or read book Principle and Interest written by Herbert E. Sloan and published by University of Virginia Press. This book was released on 2001 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eloquently written and exhaustively researched, Principle and Interest provides a unique perspective on a range of topics--revolutionary ideology, political economy, the mechanics of party organization--central to an understanding of the period.

Freedom and Equality

Author : Kermit L. Hall
Publisher : Taylor & Francis
ISBN 13 : 9780815334309
Total Pages : 522 pages
Book Rating : 4.3/5 (343 download)

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Book Synopsis Freedom and Equality by : Kermit L. Hall

Download or read book Freedom and Equality written by Kermit L. Hall and published by Taylor & Francis. This book was released on 2000 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

Where My Heart Is Turning Ever

Author : Kathleen Diffley
Publisher : University of Georgia Press
ISBN 13 : 082035886X
Total Pages : 287 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Where My Heart Is Turning Ever by : Kathleen Diffley

Download or read book Where My Heart Is Turning Ever written by Kathleen Diffley and published by University of Georgia Press. This book was released on 2020-11-15 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: "During the Civil War and Reconstruction, popular magazines throughout the country published hundreds of short narratives that confronted or evaded the meaning of the Union's great crisis. Yet despite their importance as a measure of the era's cultural temper, these stories have remain largely unexamined in studies of Civil War literature. Where My Heart is Turning Ever is the first volume in a projected trilogy that seeks to recover the significance of this forgotten body of writing. Unearthing more than three hundred stories from sixteen magazines in the South and West as well as the culturally dominant Northeast, Kathleen Diffley examines the effort of popular writers and publications to contain the disruption caused by the war and its aftermath. That effort, she shows, proved especially precarious when writers took up matters of race, political section, and gender. In this volume, Diffley identifies three distinct genres among the stories she investigates: "Old Homestead," which embodies themes of domestic order, collapse, and restoration; "Romance," which represents tensions between the sexes as the result of difficulties imposed by the war and Reconstruction; and "Adventure," which subverts domestic ideals by uprooting characters and situating them outside the home. As she discusses these genres, Diffley relates their messages to the post-bellum congressional debates over constitutional amendments abolishing slavery, guaranteeing federal authority over state jurisdictions, and extending voting rights to black men. She hows how the rhetoric that emerged both in Congress and in popular magazines promoted a new concept of national citizenship, one that transformed ties to kin into ties to country. In addition to discussing the broad spectrum of stories that fall within the three genres she identifies, Diffley includes full text of representative stories by Mark Twain, John W. De Forest, and Rebecca Harding Davis. She then analyzes each story, linking its author's career with the wider cultural and formal patterns that the story reveals. In the subsequent volumes of the trilogy, Diffley will provide a taxonomy of the stories she has uncovered and will examine them in light of reader-response theory. The completed project promises an unprecedented analysis of the ways in which short popular narratives helped readers of that troubled era make sense of the Civil War."--Publisher's description

The American State from the Civil War to the New Deal

Author : Paul D. Moreno
Publisher : Cambridge University Press
ISBN 13 : 1107032954
Total Pages : 367 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The American State from the Civil War to the New Deal by : Paul D. Moreno

Download or read book The American State from the Civil War to the New Deal written by Paul D. Moreno and published by Cambridge University Press. This book was released on 2013-06-28 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of the breakdown of limited government in America and the rise of the federal state.

The Salmon P. Chase Papers

Author : Salmon Portland Chase
Publisher : Kent State University Press
ISBN 13 : 9780873384728
Total Pages : 894 pages
Book Rating : 4.3/5 (847 download)

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Book Synopsis The Salmon P. Chase Papers by : Salmon Portland Chase

Download or read book The Salmon P. Chase Papers written by Salmon Portland Chase and published by Kent State University Press. This book was released on 1993 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt:

From Direct Action to Affirmative Action

Author : Paul D. Moreno
Publisher : LSU Press
ISBN 13 : 9780807123836
Total Pages : 332 pages
Book Rating : 4.1/5 (238 download)

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Book Synopsis From Direct Action to Affirmative Action by : Paul D. Moreno

Download or read book From Direct Action to Affirmative Action written by Paul D. Moreno and published by LSU Press. This book was released on 1999-02-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature of race-based employment discrimination and its proper solution continue to be topics of much public debate. Scarce, however, is the kind of dispassionate scholarly treatment that lends a helpful long-range perspective on the matter. In this welcome study, Paul D. Moreno retraces the legal and political responses to racial bias in America’s workplaces. From Direct Action to Affirmative Action makes clear that the demand for preferential employment practices originated decades before the Civil Rights Act of 1964. By casting the development of modern national policy in a broader historical context, it brings depth and nuance to an understanding of this important area of civil rights.