Henry Friendly, Greatest Judge of His Era PDF Download

Author: David M. Dorsen
Publisher: Harvard University Press
ISBN: 0674064933
Category : Biography & Autobiography
Languages : en
Pages : 513

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Book Description
Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.

Author: David M. Dorsen
Publisher: Belknap Press
ISBN: 9780674064393
Category : Biography & Autobiography
Languages : en
Pages : 0

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Book Description
Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, David M. Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life. During his time on the Court of Appeals for the Second Circuit (1959–1986), Judge Friendly was revered as a conservative who exemplified the tradition of judicial restraint. But he demonstrated remarkable creativity in circumventing precedent and formulating new rules in multiple areas of the law. Henry Friendly, Greatest Judge of His Era describes the inner workings of Friendly’s chambers and his craftsmanship in writing opinions. His articles on habeas corpus, the Fourth Amendment, self-incrimination, and the reach of the state are still cited by the Supreme Court. Dorsen draws on extensive research, employing private memoranda between the judges and interviews with all fifty-one of Friendly’s law clerks—a veritable Who’s Who that includes Chief Justice John R. Roberts, Jr., six other federal judges, and seventeen professors at Harvard, Yale, Stanford, and elsewhere. In his Foreword, Judge Richard Posner writes: “David Dorsen has produced the most illuminating, the most useful, judicial biography that I have ever read . . . We learn more about the American judiciary at its best than we can learn from any other . . . Some of what I’ve learned has already induced me to make certain changes in my judicial practice.”

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674184653
Category : Law
Languages : en
Pages : 423

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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: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674033833
Category : Law
Languages : en
Pages : 399

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Book Description
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Author: Joan Biskupic
Publisher: Basic Books
ISBN: 0465093280
Category : Biography & Autobiography
Languages : en
Pages : 415

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Book Description
An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.

Author: David M. Dorsen
Publisher: Cambridge University Press
ISBN: 110718410X
Category : Biography & Autobiography
Languages : en
Pages : 395

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Book Description
Justice Scalia was an important and divisive force in the United States, and his recent death has prompted widespread interest in his legal opinions. The unique point of view presented in this book, written by a personal friend, will attract considerable attention, from both scholars of politics and the general public.

Author: Carol S. Steiker
Publisher: Harvard University Press
ISBN: 0674737423
Category : History
Languages : en
Pages : 401

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Book Description
Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death

Author: Trevor W. Coleman
Publisher: Wayne State University Press
ISBN: 0814338461
Category : Biography & Autobiography
Languages : en
Pages : 370

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Book Description
Readers interested in Civil Rights-era law, politics, and personalities will appreciate the portrait of Keith's fortitude and conviction in Crusader for Justice.

Author: Lisa Kloppenberg
Publisher: Oxford University Press
ISBN: 0197608590
Category : Law
Languages : en
Pages : 225

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Book Description
Dorothy Wright Nelson was a prominent federal judge on the level just below the U.S. Supreme Court for over 40 years. One of the early tenured female law professors and one of the rare female deans in the U.S. legal academy in the 1960s and '70s, her expertise was in reforming courts to make them more just and accessible for all people. When she became a federal judge in 1980, she helped to make the federal courts more efficient and provide litigants with alternatives - including mediation and arbitration - to resolve cases without greater expense and delay. An ardent believer in more peaceful resolution of conflicts, Judge Nelson educated judges around the world on conflict resolution and the rule of law, often while engaging quietly in human rights advocacy for persecuted Bahá'ís around the globe. Her Bahá'í faith also inspired her judicial opinions providing more equality and due process for the marginalized, including the poor, racial minorities, immigrants, mentally ill and the powerless. Dorothy and her husband, a state court judge, balanced their professional achievements with their personal commitments in a manner unusual for their time. They devoted considerable energy to raising their two children, spending time with their extended family, and engaging in Bahá'í activities (including world travel, youth camps, weekly Sunday School and "firesides" in their home). This book captures the life story of an extraordinary female leader and trailblazer in a highly traditional, male-dominated profession, unafraid to challenge the status quo in her pleasant, optimistic, determined and collegial manner.

Author: Laurence Tribe
Publisher: Macmillan
ISBN: 0805099093
Category : Law
Languages : en
Pages : 416

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Book Description
An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.