Salt Of The Earth Conscience Of The Court

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Salt of the Earth, Conscience of the Court

Author : John M. Ferren
Publisher : Univ of North Carolina Press
ISBN 13 : 0807876615
Total Pages : 592 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Salt of the Earth, Conscience of the Court by : John M. Ferren

Download or read book Salt of the Earth, Conscience of the Court written by John M. Ferren and published by Univ of North Carolina Press. This book was released on 2006-03-08 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kentucky-born son of a Baptist preacher, with an early tendency toward racial prejudice, Supreme Court Justice Wiley Rutledge (1894-1949) became one of the Court's leading liberal activists and an early supporter of racial equality, free speech, and church-state separation. Drawing on more than 160 interviews, John M. Ferren provides a valuable analysis of Rutledge's life and judicial decisionmaking and offers the most comprehensive explanation to date for the Supreme Court nominations of Rutledge, Felix Frankfurter, and William O. Douglas. Rutledge was known for his compassion and fairness. He opposed discrimination based on gender and poverty and pressed for expanded rights to counsel, due process, and federal review of state criminal convictions. During his brief tenure on the Court (he died following a stroke at age fifty-five), he contributed significantly to enhancing civil liberties and the rights of naturalized citizens and criminal defendants, became the Court's most coherent expositor of the commerce clause, and dissented powerfully from military commission convictions of Japanese generals after World War II. Through an examination of Rutledge's life, Ferren highlights the development of American common law and legal education, the growth of the legal profession and related institutions, and the evolution of the American court system, including the politics of judicial selection.

A History of Securities Law in the Supreme Court

Author : A.C. Pritchard
Publisher : Oxford University Press
ISBN 13 : 0197665934
Total Pages : 385 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis A History of Securities Law in the Supreme Court by : A.C. Pritchard

Download or read book A History of Securities Law in the Supreme Court written by A.C. Pritchard and published by Oxford University Press. This book was released on 2023-03-07 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Securities Law and the Supreme Court explores how the Supreme Court has made (and remade) securities law. It covers the history of the federal securities laws from their inception during the Great Depression, relying on the justices' conference notes, internal memoranda, and correspondence to shed light on how they came to their decisions and drafted their opinions. That history can be divided into five periods that parallel and illustrate key trends of the Court's jurisprudence more generally. The first saw the administration of Franklin Delano Roosevelt--aided by his filling eight seats on the Court-triumph in its efforts to enact the securities laws and establish their constitutional legitimacy. This brought an end to the Court's long-standing hostility to the regulation of business. The arrival of Roosevelt's justices, all committed to social control of finance, ushered in an era of deference to the SEC's expertise that lasted through the 1940s and 1950s. The 1960s brought an era of judicial activism-and further expansion--by the Warren Court, with purpose taking precedence over text in statutory interpretation. The arrival of Lewis F. Powell, Jr. in 1972 brought a sharp reversal. Powell's leadership of the Court in securities law produced a counter-revolution in the field and an end to the SEC's long winning streak at the Court. Powell's retirement in 1987 marked the beginning of the final period of this study. In the absence of ideological consensus or strong leadership, the Court's securities jurisprudence meandered, taking a random walk between expansive and restrictive decisions.

In Chambers

Author : Todd C. Peppers
Publisher : University of Virginia Press
ISBN 13 : 0813932661
Total Pages : 472 pages
Book Rating : 4.8/5 (139 download)

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Book Synopsis In Chambers by : Todd C. Peppers

Download or read book In Chambers written by Todd C. Peppers and published by University of Virginia Press. This book was released on 2012-03-05 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by former law clerks, legal scholars, biographers, historians, and political scientists, the essays in In Chambers tell the fascinating story of clerking at the Supreme Court. In addition to reflecting the personal experiences of the law clerks with their justices, the essays reveal how clerks are chosen, what tasks are assigned to them, and how the institution of clerking has evolved over time, from the first clerks in the late 1800s to the clerks of Justice Ruth Bader Ginsburg and Chief Justice William Rehnquist. In Chambers offers a variety of perspectives on the unique experience of Supreme Court clerks. Former law clerks—including Alan M. Dershowitz, Charles A. Reich, and J. Harvie Wilkinson III—write about their own clerkships, painting vivid and detailed pictures of their relationships with the justices, while other authors write about the various clerkships for a single justice, putting a justice's practice into a broader context. The book also includes essays about the first African American and first woman to hold clerkships. Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.

The Court at War

Author : Cliff Sloan
Publisher : PublicAffairs
ISBN 13 : 1541736451
Total Pages : 462 pages
Book Rating : 4.5/5 (417 download)

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Book Synopsis The Court at War by : Cliff Sloan

Download or read book The Court at War written by Cliff Sloan and published by PublicAffairs. This book was released on 2023-09-19 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: The inside story of how one president forever altered the most powerful legal institution in the country—with consequences that endure today By the summer of 1941, in the ninth year of his presidency, Franklin Roosevelt had molded his Court. He had appointed seven of the nine justices—the most by any president except George Washington—and handpicked the chief justice. But the wartime Roosevelt Court had two faces. One was bold and progressive, the other supine and abject, cowed by the charisma of the revered president. The Court at War explores this pivotal period. It provides a cast of unforgettable characters in the justices—from the mercurial, Vienna-born intellectual Felix Frankfurter to the Alabama populist Hugo Black; from the western prodigy William O. Douglas, FDR’s initial pick to be his running mate in 1944, to Roosevelt’s former attorney general and Nuremberg prosecutor Robert Jackson. The justices’ shameless capitulation and unwillingness to cross their beloved president highlight the dangers of an unseemly closeness between Supreme Court justices and their political patrons. But the FDR Court’s finest moments also provided a robust defense of individual rights, rights the current Court has put in jeopardy. Sloan’s intimate portrait is a vivid, instructive tale for modern times.

In a Time of Total War

Author : Joshua E. Kastenberg
Publisher : Routledge
ISBN 13 : 1317118065
Total Pages : 270 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis In a Time of Total War by : Joshua E. Kastenberg

Download or read book In a Time of Total War written by Joshua E. Kastenberg and published by Routledge. This book was released on 2016-03-17 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a judicial, military and political history of the period 1941 to 1954. As such, it is also a United States legal history of both World War II and the early Cold War. Civil liberties, mass conscription, expanded military jurisdiction, property rights, labor relations, and war crimes arising from the conflict were all issues to come before the federal judiciary during this period and well beyond since the Supreme Court and the lower courts heard appeals from the government’s wartime decisions well into the 1970s. A detailed study of the judiciary during World War II evidences that while the majority of the justices and judges determined appeals partly on the basis of enabling a large, disciplined, and reliable military to either deter or fight a third world war, there was a recognition of the existence of a tension between civil rights and liberties on the one side and military necessity on the other. While the majority of the judiciary tilted toward national security and deference to the military establishment, the judiciary’s recognition of this tension created a foundation for persons to challenge governmental narrowing of civil and individual rights after 1954. Kastenberg and Merriam present a clearer picture as to why the Court and the lower courts determined the issues before them in terms of external influences from both national and world-wide events. This book is also a study of civil-military relations in wartime so whilst legal scholars will find this study captivating, so will military and political historians, as well as political scientists and national security policy makers.

John Paul Stevens

Author : Christopher E. Smith
Publisher : Lexington Books
ISBN 13 : 1498523749
Total Pages : 301 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis John Paul Stevens by : Christopher E. Smith

Download or read book John Paul Stevens written by Christopher E. Smith and published by Lexington Books. This book was released on 2015-10-22 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how Justice John Paul Stevens served as an important defender of rights in criminal justice during his thirty-five year Supreme Court career. It examines his life experiences and judicial opinions to show how the Court’s most prolific opinion author defended rights throughout an era of an increasingly conservative Court.

The Third Disestablishment

Author : Steven K. Green
Publisher : Oxford University Press, USA
ISBN 13 : 0190908149
Total Pages : 457 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis The Third Disestablishment by : Steven K. Green

Download or read book The Third Disestablishment written by Steven K. Green and published by Oxford University Press, USA. This book was released on 2019 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Third Disestablishment examines the formative period in the development of church-state law and the rise and decline of church-state separation as a legal construct and a cultural value.

Separating Church and State

Author : Steven K. Green
Publisher : Cornell University Press
ISBN 13 : 1501762079
Total Pages : 247 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Separating Church and State by : Steven K. Green

Download or read book Separating Church and State written by Steven K. Green and published by Cornell University Press. This book was released on 2022-03-15 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Steven K. Green, renowned for his scholarship on the separation of church and state, charts the career of the concept and helps us understand how it has fallen into disfavor with many Americans. In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to twenty-first-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts.

The Bible, the School, and the Constitution

Author : Steven K. Green
Publisher : Oxford University Press
ISBN 13 : 0199827907
Total Pages : 303 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Bible, the School, and the Constitution by : Steven K. Green

Download or read book The Bible, the School, and the Constitution written by Steven K. Green and published by Oxford University Press. This book was released on 2012-02 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Steven K. Green tells the story of the 19th-century School Question, the nationwide debate over the place and funding of religious education, and how it became a crucial precedent for American thought about the separation of church and state.

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.

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.

Historical Dictionary of the U.S. Supreme Court

Author : Artemus Ward
Publisher : Rowman & Littlefield
ISBN 13 : 0810875217
Total Pages : 686 pages
Book Rating : 4.8/5 (18 download)

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Book Synopsis Historical Dictionary of the U.S. Supreme Court by : Artemus Ward

Download or read book Historical Dictionary of the U.S. Supreme Court written by Artemus Ward and published by Rowman & Littlefield. This book was released on 2015-08-13 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Historical Dictionary of the U.S. Supreme Court covers its history through a chronology, an introductory essay, appendixes, and an extensive bibliography. The dictionary section has over 700 cross-referenced entries on every justice, major case, issue, and process that comprises the Court’s work.

The History of the Supreme Court of the United States

Author : William M. Wiecek
Publisher : Cambridge University Press
ISBN 13 : 9780521848206
Total Pages : 760 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 760 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.

Biographical Encyclopedia of the Supreme Court

Author : Melvin I. Urofsky
Publisher : CQ Press
ISBN 13 : 1452267286
Total Pages : 689 pages
Book Rating : 4.4/5 (522 download)

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Book Synopsis Biographical Encyclopedia of the Supreme Court by : Melvin I. Urofsky

Download or read book Biographical Encyclopedia of the Supreme Court written by Melvin I. Urofsky and published by CQ Press. This book was released on 2006-05-25 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent dramatic shift in makeup of the U.S. Supreme Court has led to great interest in the rulings and legal opinions of its justices. Now, CQ Press brings you a comprehensive volume that analyzes the lives and legal philosophies of all past and present justices of the Court. Biographical Encyclopedia of the Supreme Court includes signed essays profiling the men and women who have served and are serving on the U.S. Supreme Court. This one-of-a-kind reference includes not only important biographical information, but also in-depth details of the legal contributions made by the men and women of the nation's highest bench. Keeping up with the recent changes to the Court, this volume includes all current justices. New essays profile Chief Justice John Roberts and Justice Samuel Alito. Justices are arranged in an easy-to-use alphabetical format. Each essay is prefaced with key biographical information for each justice such as: Birth and death dates Date of nomination to the Court The name of president who nominated the justice The date he or she was seated Date range of service on the Court Within each essay, written by a top legal expert, scholar, or journalist, Biographical Encyclopedia of the Supreme Court provides facts and context along with analysis of the opinions and legal philosophies for each justice. This new volume is an updated edition of The Supreme Court Justices: A Biographical Dictionary (1994). It will prove a valuable resource for academic, community college, law school, and public libraries.

The Supreme Court Compendium

Author : Lee Epstein
Publisher : CQ Press
ISBN 13 : 148337663X
Total Pages : 851 pages
Book Rating : 4.4/5 (833 download)

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Book Synopsis The Supreme Court Compendium by : Lee Epstein

Download or read book The Supreme Court Compendium written by Lee Epstein and published by CQ Press. This book was released on 2015-07-28 with total page 851 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court Compendium provides historical and statistical information on the Supreme Court: its institutional development; caseload; decision trends; the background, nomination, and voting behavior of its justices; its relationship with public, governmental, and other judicial bodies; and its impact. With over 180 tables and figures, this new edition is intended to capture the full retrospective picture through the 2013-2014 term of the Roberts Court and the momentous decisions handed down within the last four years, including United States v. Windsor, National Federation of Independent Business v. Sebelius, and Shelby County v. Holder.

A Supreme Court Unlike Any Other

Author : Kevin J. McMahon
Publisher : University of Chicago Press
ISBN 13 : 0226831086
Total Pages : 378 pages
Book Rating : 4.2/5 (268 download)

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Book Synopsis A Supreme Court Unlike Any Other by : Kevin J. McMahon

Download or read book A Supreme Court Unlike Any Other written by Kevin J. McMahon and published by University of Chicago Press. This book was released on 2024 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Today's Supreme Court is unlike any other in American history. This is not just because of its jurisprudence. It is because today's Court is uniquely distanced from the democratic processes that buttress its legitimacy. For example, five of the nine justices took their seats after winning confirmation with the support of senators who won far fewer votes than their colleagues in opposition, and three of these five justices were also nominated by a president who lost the popular vote. In A Supreme Court Unlike Any Other, Kevin J. McMahon explains the broad historical developments that have brought us here. Drawing on historical and contemporary data and deep knowledge of Court battles during presidencies ranging from Franklin D. Roosevelt to Ronald Reagan to Donald Trump, he offers new insight into the shifting politics of nominating and confirming justices, the changing pool of nominees considered for the Supreme Court, and the increased salience of the Court in presidential and congressional elections. A Supreme Court Unlike Any Other is an eye-opening account of today's Court within the context of US history and the broader structure of contemporary politics"--

Western Water Rights and the U.S. Supreme Court

Author : James H. Davenport
Publisher : McFarland
ISBN 13 : 1476641471
Total Pages : 298 pages
Book Rating : 4.4/5 (766 download)

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Book Synopsis Western Water Rights and the U.S. Supreme Court by : James H. Davenport

Download or read book Western Water Rights and the U.S. Supreme Court written by James H. Davenport and published by McFarland. This book was released on 2020-09-30 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the little-known history behind the legal doctrine of prior appropriation--"first in time is first in right"--used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines--a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren," save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term.