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The Trustees Of Dartmouth College V Woodward 17 Us 518 1819
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Book Synopsis John Marshall and the Heroic Age of the Supreme Court by : R. Kent Newmyer
Download or read book John Marshall and the Heroic Age of the Supreme Court written by R. Kent Newmyer and published by LSU Press. This book was released on 2007-04-01 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
Book Synopsis The Life of John Marshall by : Albert Jeremiah Beveridge
Download or read book The Life of John Marshall written by Albert Jeremiah Beveridge and published by . This book was released on 1919 with total page 1366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis We the Corporations: How American Businesses Won Their Civil Rights by : Adam Winkler
Download or read book We the Corporations: How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Book Synopsis Without Precedent by : Joel Richard Paul
Download or read book Without Precedent written by Joel Richard Paul and published by Penguin. This book was released on 2019-02-19 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the author of Unlikely Allies and Indivisible comes the remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States—the longest-serving in history—he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman—born in Virginia in 1755 and with little formal education—invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.
Book Synopsis Academic Freedom by : David M. Rabban
Download or read book Academic Freedom written by David M. Rabban and published by Harvard University Press. This book was released on 2024-08-13 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The best kind of scholarship—deeply researched and immensely useful. Wherever you stand on issues of free speech and academic freedom, you will learn from this book.” —Michael Roth, President of Wesleyan University and author of Safe Enough Spaces A definitive interpretation of academic freedom as a First Amendment right, drawing on a comprehensive survey of legal cases. Is academic freedom a First Amendment right? Many think so, yet its relationship to free speech as guaranteed by the Constitution is anything but straightforward. David Rabban examines the extensive case law addressing academic freedom and free speech at American universities, developing a robust theory of academic freedom as a distinctive subset of First Amendment law. In subsuming academic freedom under the First Amendment, Rabban emphasizes the societal value of the contribution to knowledge made by the expert speech of professors, the classic justification for academic freedom in the influential 1915 Declaration of the American Association of University Professors (AAUP). Any indication that professors might be disciplined because people without academic training disagree with their scholarly views would undermine confidence in the integrity of their work and therefore their ability to perform this vital function on behalf of the public. Rabban argues that academic freedom fosters two central First Amendment values recognized by courts in a wide range of contexts: the production and dissemination of knowledge and the contribution of free expression to democratic citizenship. The First Amendment right of academic freedom applies most directly to professors, but it also plausibly extends to the educational decisions of universities and to students’ learning interests. More broadly, this vision of academic freedom can guide in developing additional distinctive First Amendment rights to protect the expert expression of journalists, librarians, museum curators, and other professionals. At a time when academic freedom is under attack from many directions, Academic Freedom proposes a theoretically satisfying and practically useful guide to its meaning as a First Amendment right.
Book Synopsis General Principles for Business and Human Rights in International Law by : Ludovica Chiussi Curzi
Download or read book General Principles for Business and Human Rights in International Law written by Ludovica Chiussi Curzi and published by BRILL. This book was released on 2020-10-26 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers an overview of the relevance of general principles of law in the multifaceted discourse on business and human rights. What are the implications of the state duty to protect human rights in good faith and to guarantee victims of corporate human rights violations access to justice? Can general principles of law, such as abuse of rights, due diligence, and estoppel provide a source of obligations for companies that is relevant to human rights protection? Has an autonomous principle on corporate liability developed in international law? These are the questions at the core of this monograph, which seeks the answers in the normative foundations of public international law.
Book Synopsis The Constitution Goes to College by : Rodney A. Smolla
Download or read book The Constitution Goes to College written by Rodney A. Smolla and published by NYU Press. This book was released on 2011-04-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the author deftly uses the American university as a lens through which to view the Constitution in action. Drawing on landmark cases and conflicts played out on college campuses, he demonstrates how five key constitutional ideas are not only fiercely contested on college campuses, but also dominate the shape and identity of American university life.
Book Synopsis The Trials of Academe by : Amy Gajda
Download or read book The Trials of Academe written by Amy Gajda and published by Harvard University Press. This book was released on 2010-02-15 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Once upon a time, virtually no one in the academy thought to sue over campus disputes, and, if they dared, judges bounced the case on grounds that it was no business of the courts. Not so today. As Amy Gajda shows in this witty yet troubling book, litigation is now common on campus, and perhaps even more commonly feared. This book explores the origins and causes of the litigation trend, its implications for academic freedom, and what lawyers, judges, and academics themselves can do to limit the potential damage.
Book Synopsis Daniel Webster by : Robert Vincent Remini
Download or read book Daniel Webster written by Robert Vincent Remini and published by W. W. Norton & Company. This book was released on 1997 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this monumental new biography, Robert V. Remini gives us a full life of Webster from his birth, early schooling, and rapid rise as a lawyer and politician in New Hampshire to his equally successful career in Massachusetts where he moved in 1816. Remini treats both the man and his time as they tangle in issues such as westward expansion, growth of democracy, market revolution, slavery and abolitionism, the National Bank, and tariff issues. Webster's famous speeches are fully discussed as are his relations with the other two of the "great triumvirate", Henry Clay and John C. Calhoun. Throughout, Remini pays close attention to Webster's personal life - perhaps more than Webster would have liked - his relationships with family and friends, and his murky financial dealings with men of wealth and influence.
Book Synopsis The Autocratic Academy by : Timothy V. Kaufman-Osborn
Download or read book The Autocratic Academy written by Timothy V. Kaufman-Osborn and published by Duke University Press. This book was released on 2023-03-06 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critics of contemporary US higher education often point to the academy’s “corporatization” as one of its defining maladies. However, in The Autocratic Academy Timothy V. Kaufman-Osborn argues that American colleges and universities have always been organized as corporations in which the power to rule is legally vested in and monopolized by antidemocratic governing boards. This institutional form, Kaufman-Osborn contends, is antithetical to the free inquiry that defines the purpose of higher education. Tracing the history of the American academy from the founding of Harvard (1636), through the Supreme Court’s Dartmouth v. Woodward ruling (1819), and into the twenty-first century, Kaufman-Osborn shows how the university’s autocratic legal constitution is now yoked to its representation on the model of private property. Explaining why appeals to the cause of shared governance cannot succeed in wresting power from the academy’s autocrats, Kaufman-Osborn argues that American universities must now be reincorporated in accordance with the principles of democratic republicanism. Only then can the academy’s members hold accountable those chosen to govern and collectively determine the disposition of higher education’s unique public goods.
Book Synopsis The Most Powerful Court in the World by : Stuart Banner
Download or read book The Most Powerful Court in the World written by Stuart Banner and published by Oxford University Press. This book was released on 2025-02-04 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stuart Banner's The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present. Not merely a history of the Court's opinions and jurisprudence, it is also a rich account of the Court in the broadest sense--of the sorts of people who become justices and the methods by which they are chosen, of how the Court does its work, and of its relationship with other branches of government. Rather than praising or criticizing the Court's decisions, Banner makes the case that one cannot fully understand the decisions without knowing about the institution that produced them.
Book Synopsis Commodity & Propriety by : Gregory S. Alexander
Download or read book Commodity & Propriety written by Gregory S. Alexander and published by University of Chicago Press. This book was released on 2008-04-15 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
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.
Author :Renée Beville Flower Publisher :University of California eScholarship ISBN 13 :0615970133 Total Pages :647 pages Book Rating :4.6/5 (159 download)
Book Synopsis Reawakening the Public Research University by : Renée Beville Flower
Download or read book Reawakening the Public Research University written by Renée Beville Flower and published by University of California eScholarship. This book was released on 2014-03-28 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: A core institution in the human endeavor—the public research university—is in transition. As U.S. public universities adapt to a multi-decadal decline in public funding, they risk losing their essential character as a generator, evaluator, and archivist of ideas and as a wellspring of tomorrow’s intellectual, economic, and political leaders. This book explores the core interdependent and coevolving structures of the research university: its physical domain (buildings, libraries, classrooms), administration (governance and funding), and intellectual structures (curricula and degree programs). It searches the U.S. history of the public research university to identify its essential qualities, and generates recommendations that identify the crucial roles of university administration, state government and federal government.
Book Synopsis The Multinational Challenge to Corporation Law by : Phillip I. Blumberg
Download or read book The Multinational Challenge to Corporation Law written by Phillip I. Blumberg and published by Oxford University Press, USA. This book was released on 1993 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern multinational corporate groups of incredible complexity conducting world enterprises through numerous subsidiaries have rendered traditional corporation law archaic. The traditional concept of each corporation as a separate legal unit clashes with modern economic realities and frustrates effective regulation when applied to affiliated corporations collectively conducting a common enterprise. In response, there is emerging a law of corporate groups directed at the enterprise rather than its corporate components. As national legal systems begin to apply enterprise law to multinationals, including their foreign companies, the resulting extraterritorial application of national law inevitably leads to international controversy. Resolution of the problems presented by conflicting national regulation of multinational enterprises presents a major challenge to international law and foreign relations law, as well as to corporation law. This volume is a comprehensive review and analysis of these major legal developments and their economic and political implications. It concludes with a pathbreaking analysis of the jurisprudential implications of the changing corporate personality in enterprise law focusing on economic organization rather than on the conceptualized legal entity of yesterday.
Download or read book The Chase Court written by Jonathan Lurie and published by Bloomsbury Publishing USA. This book was released on 2004-10-05 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revealing examination of the Supreme Court's justices and their "cautiously moderate" jurisprudence during the ten-year tenure of Chief Justice Salmon Portland Chase. The Chase Court: Justices, Rulings, and Legacy examines the workings and legacies of the Supreme Court during the tenure of Chief Justice Salmon Portland Chase. Accompanying an in-depth analysis of the Chase Court's landmark rulings on Civil War and Reconstruction issues that shaped U.S. history—such as military commissions and the status of seceding states—are detailed discussions of the Court's rulings on government-issued paper currency "greenbacks" and the newly ratified 14th Amendment. Salmon Portland Chase's role as the first chief justice to preside over the impeachment of a president is carefully examined. Profiles of the 13 Chase Court justices describe their rise to prominence, controversies surrounding their nominations, work on the court, judicial philosophies, important decisions, and overall impacts.
Book Synopsis Captured by : Senator Sheldon Whitehouse
Download or read book Captured written by Senator Sheldon Whitehouse and published by The New Press. This book was released on 2019-05-21 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading member of the Senate Judiciary Committee "spells out, in considerable detail, the extent of corporate influence over a variety of issues" in national politics (The New Yorker) As a U.S. senator and former federal prosecutor, Sheldon Whitehouse has had a front-row seat for the spectacle of dark money in government. In his widely praised book Captured, he describes how corporations buy influence over our government— not only over representatives and senators, but over the very regulators directly responsible for enforcing the laws under which these corporations operate, and over the judges and prosecutors who are supposed to be vigilant about protecting the public interest. In a case study that shows these operations at work, Whitehouse reveals how fossil fuel companies have held any regulation related to climate change at bay. The problem is structural: as Kirkus Reviews wrote, "many of the ills it illuminates are bipartisan." This paperback edition features a new preface by the author that reveals how corporate influence has taken advantage of Donald Trump's presidency to advance its agenda—and what we can do about it.
