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Author: Kathryn P. Griffith Publisher: Norman : University of Oklahoma Press ISBN: 9780806110714 Category : Law Languages : en Pages : 251
Book Description
Learned Hand was a federal judge from 1909 to 1951. He served for fifteen years as a district court judge and for twenty,seven years as judge of the United States Circuit Court, Second Circuit, sitting in New York City. This text reviews his opinions especially those relating to the proper function of the federal courts and his defense of the doctrine of judicial restraint.
Author: Kathryn P. Griffith Publisher: Norman : University of Oklahoma Press ISBN: 9780806110714 Category : Law Languages : en Pages : 251
Book Description
Learned Hand was a federal judge from 1909 to 1951. He served for fifteen years as a district court judge and for twenty,seven years as judge of the United States Circuit Court, Second Circuit, sitting in New York City. This text reviews his opinions especially those relating to the proper function of the federal courts and his defense of the doctrine of judicial restraint.
Author: Kathryn P. Griffith Publisher: Norman : University of Oklahoma Press ISBN: Category : Judicial power Languages : en Pages : 272
Book Description
Learned Hand was a federal judge from 1909 to 1951. He served for fifteen years as a district court judge and for twenty,seven years as judge of the United States Circuit Court, Second Circuit, sitting in New York City. This text reviews his opinions especially those relating to the proper function of the federal courts and his defense of the doctrine of judicial restraint.
Author: Marvin Schick Publisher: JHU Press ISBN: 1421432129 Category : Political Science Languages : en Pages : 434
Book Description
Originally published in 1970. This is a study of one of the most highly respected tribunals in the history of the English-speaking world—the United States Court of Appeals for the Second Circuit. Situated in Manhattan, the Second Circuit Court, serving New York, Connecticut, and Vermont, is the most important commercial court in the country. But, like other inferior courts, it has never been studied in depth. Marvin Schick provides a comprehensive analysis. From 1941 to 1951, Learned Hand presided over the Second Circuit as chief judge, and the court bore his stamp. But on its bench sat other men of great competence, judges Thomas W. Swan, August N. Hand, and Harrie B. Chase, as well as Charles E. Clark and Jerome N. Frank, whose constant disagreement characterized much of the court's work. Schick studies the Second Circuit Court from several angles: historical, biographical, behavioral, and case analytical. He tells a history of the court from its origins in 1789. He provides biographical sketches of the six judges who sat during Learned Hand's tenure as chief judge. He analyzes the many decisions handed down by the court, including the precedent setters. He examines the court's decision-making process, especially its unique procedures such as the memorandum system, which requires from the judges "preliminary opinions" in the cases they hear. A novel feature of this book is the correlation of votes of the Second Circuit judges with subsequent decisions of the Supreme Court. Schick was aided in his study by having access to the private papers of Judge Clark. These thousands of memoranda and letters throw much light on the workings of the Second Circuit Court and reveal the bargaining that went on among the judges in difficult cases. The Clark papers make possible a clearer understanding of the incessant conflict between Clark and Frank and show how this unusual relationship gave vitality to the Second Circuit.
Author: Gerald Gunther Publisher: Oxford University Press ISBN: 0199703434 Category : Law Languages : en Pages : 724
Book Description
Billings Learned Hand was one of the most influential judges in America. In Learned Hand: The Man and the Judge, Gerald Gunther provides a complete and intimate account of the professional and personal life of Learned Hand. He conveys the substance and range of Hand's judicial and intellectual contributions with eloquence and grace. This second edition features photos of Learned Hand throughout his life and career, and includes a foreword by Ruth Bader Ginsburg. Gunther, a former law clerk for Hand, reviewed much of Hand's published work, opinions, and correspondence. He meticulously describes Hand's cases, and discusses the judge's professional and personal life as interconnected with the political and social circumstances of the times in which he lived. Born in 1872, Hand served on the United States District Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit. He clearly crafted and delivered thousands of decisions in a wide range of cases through extensive, conscientious investigation and analysis, while at the same time exercising wisdom and personal detachment. His opinions are still widely quoted today, and will remain as an everlasting tribute to his life and legacy.
Author: Richard A. Posner Publisher: Harvard University Press ISBN: 0674184653 Category : Law Languages : en Pages : 423
Book Description
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Author: Gerald Gunther Publisher: ISBN: 9780517174050 Category : Languages : en Pages :
Book Description
A Masterful, moving account of the life and work of one of the great judges of the twentieth century, whose work has left a profound mark on our legal, intellectual, and social landscape. The greatest judge never to be appointed to the Supreme Court, Learned Hand is widely considered the peer of Justices Holmes, Brandeis, and Cardozo. In his more than fifty years on the bench, he left an unequaled legacy of lastingly influential writings. This distinctive biography goes well beyond Hand's official work, however, to depict both a complex human being and the times in which he lived. The first to draw on the enormous collection of the judge's private papers, the eminent constitutional scholar Gerald Gunther vividly portrays a public man consumed by private doubts. Gunther's lively account moves from Hand's childhood in a formidable (and anxiety-producing) family of lawyers to his years at Harvard as a studious outsider, his frustrating experience in private law practice, his felt inadequacies in marriage, and his work as a federal judge. Throughout his life, Hand believed himself unworthy of the accolades bestowed upon him; self-doubt permeated all aspects of his life. Gunther subtly explores the ties between the modest, uncertain man -- a liberal skeptic who was never "too sure [he was] right" -- and his public record, and suggests that Hand's personal traits shaped his modest approach to judging: the questioning human being could not help acting that way as a judge. Hand's most enduring legacy is his advocacy of judicial restraint: repeatedly he sounded the dangers of excessive activism in unelected judges. Yet he mustered the courage to support such basic values as freedom ofexpression -- from his personally costly defense of dissenters amid the hysteria of World War I to his strong affirmation of free speech in his rulings on obscenity and his outspoken attacks on McCarthyism in the 1950s. This biography also offers the perspective of one of this era's most sensitive public figures on the rich political and social history of the first six decades of the twentieth century. By examining Hand's voluminous correspondence with such acquaintances as Walter Lippmann, Felix Frankfurter, and Herbert Croly (with whom he was a founding contributor to The New Republic), Gunther illuminates Hand's intense involvement with the public issues of his times, such as his enthusiastic support of Theodore Roosevelt's Progressive party. Gunther gives us a graphic portrait of a complex and uncommon man whose thoughts and words inspired generations of Americans and continue to do so today.
Author: Kathryn P. Griffith
Author: Kathryn P. Griffith
Author: Kathryn P. Griffith
Author: Marvin Schick
Author: Kathryn Pearcy Griffith
Author: Gerald Gunther
Author: Gerald Gunther
Author: Richard Lee Hough
Author: Learned Hand
Author: Richard A. Posner
Author: Gerald Gunther