Author: Publisher:
ISBN:
Category : Law
Languages : en
Pages : 762
Book Description
The John Marshall Journal of Practice and Procedure
The Great Chief Justice
Author: Charles F. HobsonPublisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 278
Book Description
"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Without Precedent
Author: Joel Richard PaulPublisher: Penguin
ISBN: 0525533281
Category : Biography & Autobiography
Languages : en
Pages : 514
Book Description
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.
DACAS
Author: John Marshall
Author: Jean Edward SmithPublisher: Henry Holt and Company
ISBN: 1466862319
Category : Biography & Autobiography
Languages : en
Pages : 788
Book Description
A New York Times Notable Book of 1996 It was in tolling the death of Supreme Court Chief Justice John Marshall in 1835 that the Liberty Bell cracked, never to ring again. An apt symbol of the man who shaped both court and country, whose life "reads like an early history of the United States," as the Wall Street Journal noted, adding: Jean Edward Smith "does an excellent job of recounting the details of Marshall's life without missing the dramatic sweep of the history it encompassed." Working from primary sources, Jean Edward Smith has drawn an elegant portrait of a remarkable man. Lawyer, jurist, scholars; soldier, comrade, friend; and, most especially, lover of fine Madeira, good food, and animated table talk: the Marshall who emerges from these pages is noteworthy for his very human qualities as for his piercing intellect, and, perhaps most extraordinary, for his talents as a leader of men and a molder of consensus. A man of many parts, a true son of the Enlightenment, John Marshall did much for his country, and John Marshall: Definer of a Nation demonstrates this on every page.
Brown v. Board of Education
Author: James T. PattersonPublisher: Oxford University Press
ISBN: 0199880840
Category : History
Languages : en
Pages : 318
Book Description
2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
Supplement to Eighth Editions, Modern Criminal Procedure
Author: Yale KamisarPublisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 374
Book Description
John Locke, Toleration and Early Enlightenment Culture
Author: John MarshallPublisher: Cambridge University Press
ISBN: 052165114X
Category : History
Languages : en
Pages : 700
Book Description
Major intellectual and cultural history of intolerance and toleration in early modern Enlightenment Europe.
Open Book
Author: Barry FriedmanPublisher: Aspen Publishing
ISBN: 1454877324
Category : Law
Languages : en
Pages : 305
Book Description
Open Book: The Inside Track to Law School Success, 2E is a book that every JD and LLM law student needs to read, either before classes start or as they get going in their 1L year. Now in an expanded second edition, the book explains in a clear and easygoing, conversational manner what law professors expect from their students both in classes and exams. The authors, award-winning teachers with a wealth of classroom experience, give students an inside look at law school by explaining how, despite appearances to the contrary, classes connect to exams and exams connect to the practice of law. Open Book introduces them to the basic structure of our legal system and to the distinctive features of legal reasoning. To prepare students for exams, the book explains in clear and careful detail what exams are designed to test. It then devotes a single, clearly written chapter to each step of the process of answering exams. It also contains a wealth of material, both in the book and digitally, on preparing for exams. Finally, and perhaps most importantly, Open Book comes with a free suite of 18 actual law school exams in Civil Procedure, Constitutional Law, Contracts, Criminal Law, Property and Torts, written and administered by law professors. These exams include not only questions, but: (1) annotations from the professors explaining what they were looking for; (2) model answers written by the professors themselves; and (3) actual student answers, with professor comments that explain why certain answers were stronger of weaker. As Open Book explains, there is no better way to prepare for exams than by practicing, and these unique materials will enable students to get the most out of their pre-exam practice.
Drafting Prenuptial Agreements
Author: Gary N. SkoloffPublisher: Wolters Kluwer
ISBN: 0735549494
Category : Law
Languages : en
Pages : 1577
Book Description
Prenuptial agreements have exploded over the past 20 years, not only among celebrities, but also for all types of people who desire to protect, manage, or enhance their personal, family, or business assets against foreseen and unforeseen circumstances. Attorneys have been assigned the task of cutting through a morass of issues to create agreements that achieve the goals of their clients while meeting complex, and often subtle, legal requirements. Drafting Prenuptial Agreements is the first guidebook ever to cover this growing area of family law. Written by Gary N. Skoloff and Richard H. Singer, Jr., Skoloff and& Wolfe, Livingston NJ, and Ronald L. Brown, Editor, American Journal of Family Law, Aspen Publishers, Drafting Prenuptial Agreements presents a pragmatic approach to preparing successful agreements quickly and effectively in any situation by grouping together and identifying the common areas that need to be addressed. The authors guide you through planning the agreement and the types of issues to discuss with different clients. This thoughtful organization gives you easy access to the tools you need to clearly present the range of choices to be addressed in each type of agreement and situation. Five sample agreements create broad groupings of issues which let you quickly zero in on the concerns parties at specific stages of life and affluence are most likely to want covered by their prenuptial agreement: YOUNG-YOUNG, EQUAL ASSETSand—For young people in the early stages of promising careers, where each has some assets and wants to protect these, as well as their careers, as separate property. YOUNG-YOUNG, DISPROPORTIONATE ASSETSand—For people of middle age or younger, where one already has, or is likely to acquire, substantial assets, and wants to protect these assets as separate property, while reasonably providing for the needs of the marriage, as well as the spouse and any children upon divorce. YOUNG-OLD, DISPROPORTIONATE ASSETSand—For a couple with a large age disparity, where the older party has substantial wealth which he or she wants to preserve for his or her estate, and also wants to provide for disability or incapacity. OLD-OLD, DISPROPORTIONATE ASSETSand—For an elderly couple, where one party has substantially fewer assets than the other, yet is comfortable, and where both want to protect their separate property, provide for a comfortable lifestyle during the marriage and reasonably provide for the spouse with fewer assets upon death or divorce. OLD-OLD, EQUAL ASSETSand—For older parties with similar assets who want to protect their property as separate, yet provide an arrangement by which they can live commensurate with their resources. Drafting Prenuptial Agreements includes a CD-ROM with sample agreements and hundreds of time-saving clauses!