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The Southern Judicial Tradition
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Book Synopsis The Southern Judicial Tradition by : Timothy S. Huebner
Download or read book The Southern Judicial Tradition written by Timothy S. Huebner and published by University of Georgia Press. This book was released on 2011-07-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: He exposes the myth of southern leniency in appellate homicide decisions and also shows how the southern judiciary contributed to and reflected larger trends in American legal development."--BOOK JACKET.
Book Synopsis Slave Law in the American South by : Mark V. Tushnet
Download or read book Slave Law in the American South written by Mark V. Tushnet and published by . This book was released on 2003 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tying together legal, historical, social, political and literary strands to show how the law itself was implicated in the persistence of slavery, this work sheds new light on slavery and Southern history, as it probes the conscience of a troubled jurist incapable of fully transcending his times.
Book Synopsis Tradition and Change in Australian Law by : Patrick Parkinson
Download or read book Tradition and Change in Australian Law written by Patrick Parkinson and published by Lawbook Company. This book was released on 1994 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the tradition of law in Australia & the tension between adherence to tradition & the demands of change & renewal for the legal system. The author argues that the greatest challenge the legal system faces is the challenge of inclusion -- to make the legal system one to which all Australians have access & in which all Australians are able to make their voices heard. The new edition takes account of recently published work in Australian legal history, including the Wik case & the native title debate, the debate about a Republic, changes in the Australian court system, developments in legal reasoning & statutory interpretation, & the problems of access to justice.
Book Synopsis A Cosmopolitan Jurisprudence by : Helge Dedek
Download or read book A Cosmopolitan Jurisprudence written by Helge Dedek and published by Cambridge University Press. This book was released on 2021-12-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Download or read book Good Judgment written by Robert J. Sharpe and published by University of Toronto Press. This book was released on 2018-10-11 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
Book Synopsis A Degraded Caste of Society by : Andrew T. Fede
Download or read book A Degraded Caste of Society written by Andrew T. Fede and published by University of Georgia Press. This book was released on 2024-10-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privileged private white interracial violence, which became a badge of slavery that continued to influence the law in action, contrary to the Constitution’s mandate of equal protection of the criminal law. The U.S. Supreme Court enabled this denial of equal justice, as did Congress, which did not make all private white racially motivated violence a crime until 2009, when it adopted the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Fede’s analysis supports that law’s constitutionality under the Thirteenth Amendment, while suggesting why—during the Jim Crow era and beyond—equal protection of the criminal law was not always realized, and why the curse of interracial violence has been a lingering badge of slavery.
Download or read book Signposts written by Sally E. Hadden and published by University of Georgia Press. This book was released on 2013-04-01 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Signposts, Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide range of topics, time periods, and locales. The essays will inspire today's scholars to dig even more deeply into the southern legal heritage, in much the same way that David Bodenhamer and James Ely's seminal 1984 work, Ambivalent Legacy, inspired an earlier generation to take up the study of southern legal history. Contributors to Signposts explore a wide range of subjects related to southern constitutional and legal thought, including real and personal property, civil rights, higher education, gender, secession, reapportionment, prohibition, lynching, legal institutions such as the grand jury, and conflicts between bench and bar. A number of the essayists are concerned with transatlantic connections to southern law and with marginalized groups such as women and native peoples. Taken together, the essays in Signposts show us that understanding how law changes over time is essential to understanding the history of the South. Contributors: Alfred L. Brophy, Lisa Lindquist Dorr, Laura F. Edwards, James W. Ely Jr., Tim Alan Garrison, Sally E. Hadden, Roman J. Hoyos, Thomas N. Ingersoll, Jessica K. Lowe, Patricia Hagler Minter, Cynthia Nicoletti, Susan Richbourg Parker, Christopher W. Schmidt, Jennifer M. Spear, Christopher R. Waldrep, Peter Wallenstein, Charles L. Zelden.
Book Synopsis A Rift in the Clouds by : Brent J. Aucoin
Download or read book A Rift in the Clouds written by Brent J. Aucoin and published by University of Arkansas Press. This book was released on 2007-11-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Rift in the Clouds chronicles the efforts of three white southern federal judges to protect the civil rights of African Americans at the beginning of the twentieth century, when few in the American legal community were willing to do so. Jacob Treiber of Arkansas, Emory Speer of Georgia, and Thomas Goode Jones of Alabama challenged the Supreme Court's reading of the Reconstruction amendments that were passed in an attempt to make disfranchised and exploited African Americans equal citizens of the United States. These unpopular white southerners, two of whom who had served in the Confederate Army and had themselves helped to bring Reconstruction to an end in their states, asserted that the amendments not only established black equality, but authorized the government to protect blacks. Although their rulings won few immediate gains for blacks and were overturned by the Supreme Court, their legal arguments would be resurrected, and meet with greater success, over half a century later during the civil rights movement.
Book Synopsis A History of the Tennessee Supreme Court by :
Download or read book A History of the Tennessee Supreme Court written by and published by Univ. of Tennessee Press. This book was released on 2002 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first comprehensive history of the Tennessee Supreme Court, seven leading scholars explore the role played by the Court in the social, economic, and political life of the state. Charting the evolution and organization of the Court (and its predecessor, the Superior Court of Law and Equity), the authors also assess the work of the Court within the larger context of the legal history of the South. Arranged chronologically, this volume covers the period from statehood in 1796 through the judicial election of 1998 and traces the range of contentious issues the Court has faced, including slavery, Reconstruction, economic rights, the regulation of business, and race and gender relations. The authors also outline the Court's relationship with the Supreme Court of the United States and chronicle the achievements of the Court in public and private law, state constitutional law, property law, criminal justice, and family law. The central themes that emerge include the nature of federalism, the search for judicial independence, and the practice of judicial review. As the authors demonstrate, the work of the Tennessee Supreme Court highlights the importance of state courts to the federal system and illuminates the interplay between regionalism and national norms in shaping a state's legal culture. Indeed, as mediator of conflicts between traditional southern values and national economic and social trends, the Court has generally, if sometimes belatedly, adopted national legal standards. Further, while the Court has tended to defer to the state's legislative decision-making process, it has on occasion assumed a more activist role in order to assert individual rights for Tennessee's citizens. Sponsored by the Tennessee Supreme Court Historical Society, this book is written for anyone interested in Tennessee history in general or legal history in particular. Appendixes include a comprehensive table of cases and biographical information about all the Court's judges. The Editor: James W. Ely Jr. is Milton R. Underwood Professor of Law and professor of history at Vanderbilt University. His books include The Chief Justiceship of Melville W. Fuller, 1888-1910 and The Guardian of Every Other Right: A Constitutional History of Property Rights. He is also the series editor of the six-volume Property Rights in American History.
Book Synopsis The New Encyclopedia of Southern Culture by : James W. Ely Jr.
Download or read book The New Encyclopedia of Southern Culture written by James W. Ely Jr. and published by UNC Press Books. This book was released on 2014-02-01 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 10 of The New Encyclopedia of Southern Culture combines two of the sections from the original edition, adding extensive updates and 53 entirely new articles. In the law section of this volume, 16 longer essays address broad concepts ranging from law schools to family law, from labor relations to school prayer. The 43 topical entries focus on specific legal cases and individuals, including historical legal professionals, parties from landmark cases, and even the fictional character Atticus Finch, highlighting the roles these individuals have played in shaping the identity of the region. The politics section includes 34 essays on matters such as Reconstruction, social class and politics, and immigration policy. New essays reflect the changing nature of southern politics, away from the one-party system long known as the "solid South" to the lively two-party politics now in play in the region. Seventy shorter topical entries cover individual politicians, political thinkers, and activists who have made significant contributions to the shaping of southern politics.
Book Synopsis History of the Common Law by : John H. Langbein
Download or read book History of the Common Law written by John H. Langbein and published by Aspen Publishing. This book was released on 2009-08-14 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs. Two great themes dominate the book: (1) the origins, development, and pervasive influence of the jury system and judge/jury relations across eight centuries of Anglo-American civil and criminal justice; and (2) the law/equity division, from the emergence of the Court of Chancery in the fourteenth century down through equity's conquest of common law in the Federal Rules of Civil Procedure. The chapters on criminal justice explore the history of pretrial investigation, policing, trial, and sentencing, as well as the movement in modern times to nonjury resolution through plea bargaining. Considerable attention is devoted to distinctively American developments, such as the elective bench, and the influence of race relations on the law of criminal procedure. Other major subjects of this book include the development of the legal profession, from the serjeants, barristers, and attorneys of medieval times down to the transnational megafirms of twenty-first century practice; the literature of the law, especially law reports and treatises, from the Year Books and Bracton down to the American state reports and today's electronic services; and legal education, from the founding of the Inns of Court to the emergence and growth of university law schools in the United States.
Book Synopsis Joseph Henry Lumpkin by : Paul DeForest Hicks
Download or read book Joseph Henry Lumpkin written by Paul DeForest Hicks and published by University of Georgia Press. This book was released on 2012-02-01 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This biography of Joseph Henry Lumpkin (1799-1867) details the life and work of the man whose senior judgeship on Georgia's Supreme Court spanned more than twenty years and included service as its first Chief Justice. Paul Hicks portrays Lumpkin as both a civic-minded professional and an evangelical Presbyterian reformer. Exploring Lumpkin's important contributions to the institutional development of the Georgia Supreme Court, Hicks discusses Lumpkin's opinions in cases ranging in concern from family conflicts to slavery. He also shows how Lumpkin cleared a way through the thicket of antiquated laws that threatened to strangle the growth of corporate banking and business in Georgia. Treated in depth as well are the evolution of his views on slavery and secession and his involvement in social and economic reform, including temperance, education, African American colonization, and industrialization. Hicks also covers Lumpkin's undergraduate days at the University of Georgia and Princeton, his experiences as a state legislator and successful lawyer, and his family life. Among the family members portrayed are Lumpkin's older brother, Wilson, a two-term governor of Georgia; and Lumpkin's son-in-law, Thomas R. R. Cobb, cofounder with Lumpkin of the University of Georgia Law School. Joseph Henry Lumpkin played an important role in the public life of Georgia during the formative era of American law and the age of sectionalism. Here is a full and compelling portrait of Lumpkin as an individual of both intellect and passion, on and off the bench.
Book Synopsis Irreconcilable Founders by : David Johnson
Download or read book Irreconcilable Founders written by David Johnson and published by LSU Press. This book was released on 2021-05-12 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virginians dominate the early history of the United States, with Washington, Jefferson, Madison, Monroe, Patrick Henry, George Mason, George Wythe, and John Marshall figuring prominently in that narrative. Fellow Virginian Spencer Roane (1762–1822), an influential jurist and political thinker, was in many ways their equal. Roane is nonetheless mostly absent in accounts of early America. The lack of interest in Roane is remarkable since he was the philosophical leader of the Jeffersonians, architect of states’ rights doctrine, a legislator, essayist, and, for twenty-seven years, justice of the Virginia Supreme Court. He was the son-in-law of Henry, a confidant of Jefferson, founder of the influential Richmond Enquirer, and head of the “Richmond Junto.” Roane’s opinions established judicial review of legislative acts ten years before Supreme Court Chief Justice Marshall did the same in Marbury v. Madison. Roane also brought down Virginia’s state-sponsored church. His descent into historical twilight is even more curious given his fierce criticism—both from the bench and in the Richmond Enquirer—of Marshall’s nationalistic decisions. Indeed, the debate between these two judges is perhaps the most comprehensive discussion of federalism outside of the arguments that raged over the ratification of the United States Constitution. In Irreconcilable Founders, David Johnson uses Roane’s long-lasting conflict with Marshall as ballast for the first-ever biography of this highly influential but largely forgotten justice and political theorist. Because Roane’s legal opinions gave way to those of Marshall, historians have tended to either dismiss him or cast him as little more than an annoying gadfly. Equally to blame for his obscurity is the comparative inaccessibility of Roane’s life: no single archive houses his papers, no scholars have systematically reviewed his legal opinions, and no one has methodically examined his essays. Bringing these and other disparate sources together for the first time, Johnson precisely limns Roane’s career, personality, and philosophy. He also synthesizes the judge’s wide-ranging jurisprudence and analyzes his predictions about the dangers of unchecked federal power and an activist Supreme Court. Although contemporary jurists and politicians disregarded Roane’s opinions, many in today’s political and legal arenas are unknowingly echoing his views with increasing frequency, making this reappraisal of his life and reassessment of his opinions timely and relevant.
Book Synopsis In the Wake of Slavery by : Joseph A. Ranney
Download or read book In the Wake of Slavery written by Joseph A. Ranney and published by Bloomsbury Publishing USA. This book was released on 2006-10-30 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Civil War devastated the South, and the end of slavery turned Southern society upside down. How did the South regain social, economic, and political stability in the wake of emancipation and wartime destruction, and how did the South come together with its former enemies in the North? Why did the South not slip back into chaos? This book holds the keys to the answers to these tantalizing questions. Author Joseph Ranney explodes the myth of a unified South and exposes just how complex and fragile the postwar recovery was. The end of slavery and the emergence of a radically new social order raised a host of thorny legal issues: What place should newly freed slaves have in Southern society? What was the proper balance between states' rights and a newly powerful federal government? How could postwar economic distress be eased without destroying property rights? Should new civil rights be extended to women as well as blacks? Southern states addressed these issues in surprisingly different ways. Ranney also shatters the popular myth that a new legal system was imposed upon the South by the victorious North during Reconstruction. Southern states took an active hand in shaping postwar changes, and Southern courts often defended civil rights and national reunification against hostile Southern legislators. How did that come about? Ranney provides some surprising answers. He also profiles judges and other lawmakers who shaped Southern law during and after Reconstruction, including heretofore little-known black leaders in the South. These extraordinary individuals created a legal heritage that assisted leaders of the second civil rights revolution a century after Reconstruction ended. This book adds immeasurably to our knowledge not only of Southern history, but also of American legal and social history.
Book Synopsis The Legal Ideology of Removal by : Tim Alan Garrison
Download or read book The Legal Ideology of Removal written by Tim Alan Garrison and published by University of Georgia Press. This book was released on 2009 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.
Book Synopsis Litigating Across the Color Line by : Melissa Lambert Milewski
Download or read book Litigating Across the Color Line written by Melissa Lambert Milewski and published by Oxford University Press. This book was released on 2018 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a largely previously untold story, from 1865 to 1950, black litigants throughout the South took on white southerners in civil suits. Drawing on almost a thousand cases, Milewski shows how African Americans negotiated the southern legal system and won suits against whites after the Civil War and before the Civil Rights struggle.
Book Synopsis The Making of Tocqueville's America by : Kevin Butterfield
Download or read book The Making of Tocqueville's America written by Kevin Butterfield and published by University of Chicago Press. This book was released on 2015-11-19 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alexis de Tocqueville famously said that Americans were "forever forming associations" and saw in this evidence of a new democratic sociability--though that seemed to be at odds with the distinctively American drive for individuality. Yet Kevin Butterfield sees these phenomena as tightly related: in joining groups, early Americans recognized not only the rights and responsibilities of citizenship but the efficacy of the law. A group, Butterfield says, isn't merely the people who join it; it's the mechanisms and conventions that allow it to function and, where necessary, to regulate itself and its members. Tocqueville, then, was wrong to see associations as the training grounds of democracy, where people learned to honor one another's voices and perspectives--rather, they were the training grounds for increasingly formal and legalistic relations among people. They were where Americans learned to treat one another impersonally.
