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Author: Mark V. Tushnet Publisher: Cambridge University Press ISBN: 1009032712 Category : History Languages : en Pages : 1273
Book Description
The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation.
Author: Mark V. Tushnet Publisher: Cambridge University Press ISBN: 1009032712 Category : History Languages : en Pages : 1273
Book Description
The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation.
Author: Mark V. Tushnet Publisher: Oliver Wendell Holmes Devise History of the Supreme Court of the United States ISBN: 1316515931 Category : History Languages : en Pages : 1273
Book Description
A comprehensive study of the US Supreme Court that explores the transformation of constitutional law from 1930 to 1941.
Author: Michael R. Botson Publisher: Texas A&M University Press ISBN: 1603446141 Category : Business & Economics Languages : en Pages : 282
Book Description
Annotation On July 12, 1964, in a momentous decision, the National Labor Relations Board decertified the racially segregated Independent Metal Workers Union as the collective bargaining agent at Houston's mammoth Hughes Tool Company. The unanimous decision ending nearly fifty years of Jim Crow unionism at the company marked the first ruling in the Labor Board's history that racial discrimination by a union violated the National Labor Relations Act and was therefore illegal. This ruling was for black workers the equivalent of the Brown v. Board of Education decision by the Supreme Court in the area of education. Botson traces the Jim Crow unionism of the company and the efforts of black union activists to bring civil rights issues into the workplace. His analysis clearly demonstrates that without federal intervention, workers at Hughes Tool would never have been able to overcome management's opposition to unionization and to racial equality. Drawing on interviews with many of the principals, as well as extensive mining of company and legal archives, Botson's study "captures a moment in time when a segment of Houston's working-class seized the initiative and won economic and racial justice in their work place."
Author: Peter Charles Hoffer Publisher: University Press of Kansas ISBN: 0700626824 Category : History Languages : en Pages : 520
Book Description
For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court. The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded—or failed to respond—to the plight of the underdog. Each chapter covers the Court’s years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how—in times of war, class strife, or moral revolution—the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court’s opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them. Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court’s role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.
Author: William M. Wiecek Publisher: Oxford University Press ISBN: 0197654436 Category : History Languages : en Pages : 551
Book Description
The Dark Past offers a historical overview and interpretive guide to all the major cases decided by US Supreme Court that have affected the freedom and rights of Black Americans since 1800. It lends coherence to what could otherwise be a disjointed chronicle of cases and connects the events of the past to the current era of racial inequality.
Author: Rehan Abeyratne Publisher: Cambridge University Press ISBN: 1108887996 Category : Law Languages : en Pages : 361
Book Description
In Towering Judges: A Comparative Study of Constitutional Judges, Rehan Abeyratne and Iddo Porat lead an exploration of a new topic in comparative constitutional law: towering judges. The volume examines the work of nineteen judges from fourteen jurisdictions, each of whom stood out individually among their fellow judges and had a unique impact on the trajectory of constitutional law. The chapters ask: what makes a towering judge; what are the background conditions that foster or deter the rise of towering judges; are towering judges, on balance, positive or detrimental for constitutional systems; how do towering judges differ from one jurisdiction to another; how do political and historical developments relate to this phenomenon; and how does all of this fit within global constitutionalism? The answers to these questions offer important insight into how these judges were able to shine to an uncommon degree in a profession where individualism is not always looked on favourably.
Author: Laura Kalman Publisher: Oxford University Press ISBN: 0197539297 Category : Languages : en Pages : 441
Book Description
A comprehensive, engaging, and revisionist account of the Court fight that ties it to contemporary policy debates. In the last past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that famously crashed and burned in the 1930s: court packing. Not surprisingly, today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt-fresh off a landslide victory-stunned the country when he proposed a plan to expand the size of the court by up to six justices. Today, that scheme is generally seen as an act of hubris-an instance where FDR failed to read Congress and the public properly. In FDR's Gambit, the eminent legal historian Laura Kalman challenges the conventional wisdom by telling the story as it unfolded, without the distortions of hindsight. Indeed, while scholars have portrayed the Court Bill as the ill-fated brainchild of a hubristic President made overbold by victory, Kalman argues to the contrary that acumen, not arrogance, accounted for Roosevelt's actions. Far from erring tragically from the beginning, FDR came very close to getting additional justices, and the Court itself changed course. As Kalman shows, the episode suggests that proposing a change in the Court might give the justices reason to consider whether their present course is endangering the institution and its vital role in a liberal democracy. Based on extensive archival research, FDR's Gambit offers a novel perspective on the long-term effects of court packing's failure, as a legacy that remains with us today. Whether or not it is the right remedy for today's troubles, Kalman argues that court packing does not deserve to be recalled as one fated for failure in 1937.
Author: the late Bernard Schwartz Publisher: Oxford University Press ISBN: 0199840555 Category : Law Languages : en Pages : 477
Book Description
When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
Author: James Macgregor Burns Publisher: Penguin ISBN: 1101081902 Category : Political Science Languages : en Pages : 354
Book Description
From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.
Author: Mark V. Tushnet
Author: Mark V. Tushnet
Author: Mark V. Tushnet
Author: Michael R. Botson
Author: Peter Charles Hoffer
Author: William M. Wiecek
Author: Rehan Abeyratne
Author: Laura Kalman
Author: the late Bernard Schwartz
Author: James Macgregor Burns![Cases Decided in the Supreme Court of Ohio, Upon the Circuit ... Reported in Conformity with the Act of Assembly. (Reports of Cases Argued and Determined in the Supreme Court.) [vol. 1-9 by Charles Hammond; Vol. 10 by P. B. Wilcox; Vol. 11-13 by Edwin M. Stanton; Vol. 14-19 by Hiram Griswold; Vol. 20 by William Lawrence.] PDF](https://books.google.com/books/content/images/frontcover/0zvZkpL0OfYC?fife=w80-h100)
Author: OHIO, State of. Supreme Court