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Author: Floyd Barzilia Clark Publisher: Forgotten Books ISBN: 9781528570350 Category : Law Languages : en Pages : 224
Book Description
Excerpt from The Constitutional Doctrines, of Justice Harlan Mr. Harlan was associate justice of the Supreme Court of the United States for nearly thirty-four years, from December 10, 1877, until his death on October 14, 1911. Though he was appointed by President Hayes immediately after his return from service on the Louisiana Commission, there was nothing in that experience that would speak for political reward. Furthermore, his whole career shows that he would not have accepted an appointment merely for polit ical reasons. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Floyd Barzilia Clark Publisher: Forgotten Books ISBN: 9781528570350 Category : Law Languages : en Pages : 224
Book Description
Excerpt from The Constitutional Doctrines, of Justice Harlan Mr. Harlan was associate justice of the Supreme Court of the United States for nearly thirty-four years, from December 10, 1877, until his death on October 14, 1911. Though he was appointed by President Hayes immediately after his return from service on the Louisiana Commission, there was nothing in that experience that would speak for political reward. Furthermore, his whole career shows that he would not have accepted an appointment merely for polit ical reasons. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Floyd Barzilia Clark Publisher: ISBN: Category : Biography & Autobiography Languages : en Pages : 222
Book Description
Clark, Floyd Barzilia. The Constitutional Doctrines of Justice Harlan. Baltimore: The Johns Hopkins Press, 1915. ix, 208 pp. Reprint available September 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-446-0. Cloth. $70. * During his long tenure on the U.S. Supreme Court John Marshall Harlan [1833-1911] wrote numerous dissenting opinions on everything from civil rights to the federal income tax. He was said at the time to suffer from "dissent-ary," but posterity has shown him to be a liberal born too soon since many aspects of his dissents gained majorities after his death. We see this most clearly in his blistering dissents in the Civil Rights Cases (1883) and Plessy v. Ferguson (1896). On a broader scale, his interpretation of "due process" contributed to the development of the incorporation theory during the 1950s and 60s. Viewed as a whole his emphasis on the social consequences of decisions rather than their adherence to abstract legal principles pointed the way toward the work of Pound and Llewellyn. Clark offers an excellent introduction to Harlan's doctrines regarding civil rights, the suability of states, impairment of the obligation of contracts, interstate and foreign commerce, judicial legislation and other topics that is valuable for its balance of summary and interpretation. First published in 1915, it continues to be an essential study of Harlan's judicial beliefs.
Author: Floyd Barzilia Clark Publisher: Palala Press ISBN: 9781356273706 Category : Languages : en Pages : 220
Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Goodwin Liu Publisher: Oxford University Press ISBN: 0199752834 Category : Law Languages : en Pages : 274
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Peter S. Canellos Publisher: Simon and Schuster ISBN: 1501188216 Category : Biography & Autobiography Languages : en Pages : 624
Book Description
The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --
Author: Adrian Vermeule Publisher: John Wiley & Sons ISBN: 1509548882 Category : Political Science Languages : en Pages : 171
Book Description
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Author: David E. Bernstein Publisher: University of Chicago Press ISBN: 0226043533 Category : History Languages : en Pages : 204
Book Description
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Author: G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of Virginia Publisher: Oxford University Press, USA ISBN: 0199729182 Category : Judges - United States - Biography Languages : en Pages : 566
Book Description
Now available in a newly revised and updated second edition, this highly-acclaimed volume presents a series of portraits of the most famous appellate judges in American history from John Marshall to the Burger court. G. Edward White traces the American judicial tradition through sketches of the careers and contributions of such significant judges as John Marshall, Joseph Story, Roger Taney, Stephen Field, Oliver Wendell Holmes, Louis Brandeis, Charles Evans Hughes, Felix Frankfurter, Hugo Black, Earl Warren, William Brennan, and Sandra Day O'Connor. This expanded edition contains a new preface, an updated bibliographical note, and two new chapters, one on Justice William O. Douglas and one on the Burger Court.
Author: Floyd Barzilia Clark
Author: Floyd Barzilia Clark
Author: Floyd Barzilia Clark
Author: Floyd Barzilia Clark
Author: Goodwin Liu
Author: Peter S. Canellos
Author: Adrian Vermeule
Author: David E. Bernstein
Author: ![Bulletin [1908-23] PDF](https://books.google.com/books/content/images/frontcover/DkQmAQAAIAAJ?fife=w80-h100)
Author: Boston Public Library
Author: G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of Virginia