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Author: James L. Haley Publisher: University of Texas Press ISBN: 0292744587 Category : History Languages : en Pages : 351
Book Description
“Few people realize that in the area of law, Texas began its American journey far ahead of most of the rest of the country, far more enlightened on such subjects as women’s rights and the protection of debtors.” Thus James Haley begins this highly readable account of the Texas Supreme Court. The first book-length history of the Court published since 1917, it tells the story of the Texas Supreme Court from its origins in the Republic of Texas to the political and philosophical upheavals of the mid-1980s. Using a lively narrative style rather than a legalistic approach, Haley describes the twists and turns of an evolving judiciary both empowered and constrained by its dual ties to Spanish civil law and English common law. He focuses on the personalities and judicial philosophies of those who served on the Supreme Court, as well as on the interplay between the Court’s rulings and the state’s unique history in such areas as slavery, women’s rights, land and water rights, the rise of the railroad and oil and gas industries, Prohibition, civil rights, and consumer protection. The book is illustrated with more than fifty historical photos, many from the nineteenth and early twentieth centuries. It concludes with a detailed chronology of milestones in the Supreme Court’s history and a list, with appointment and election dates, of the more than 150 justices who have served on the Court since 1836.
Author: James L. Haley Publisher: University of Texas Press ISBN: 0292744587 Category : History Languages : en Pages : 351
Book Description
“Few people realize that in the area of law, Texas began its American journey far ahead of most of the rest of the country, far more enlightened on such subjects as women’s rights and the protection of debtors.” Thus James Haley begins this highly readable account of the Texas Supreme Court. The first book-length history of the Court published since 1917, it tells the story of the Texas Supreme Court from its origins in the Republic of Texas to the political and philosophical upheavals of the mid-1980s. Using a lively narrative style rather than a legalistic approach, Haley describes the twists and turns of an evolving judiciary both empowered and constrained by its dual ties to Spanish civil law and English common law. He focuses on the personalities and judicial philosophies of those who served on the Supreme Court, as well as on the interplay between the Court’s rulings and the state’s unique history in such areas as slavery, women’s rights, land and water rights, the rise of the railroad and oil and gas industries, Prohibition, civil rights, and consumer protection. The book is illustrated with more than fifty historical photos, many from the nineteenth and early twentieth centuries. It concludes with a detailed chronology of milestones in the Supreme Court’s history and a list, with appointment and election dates, of the more than 150 justices who have served on the Court since 1836.
Author: Randolph B. Campbell Publisher: University of Texas Press ISBN: 0292721889 Category : History Languages : en Pages : 209
Book Description
The laws that governed the institution of slavery in early Texas were enacted over a fifty-year period in which Texas moved through incarnations as a Spanish colony, a Mexican state, an independent republic, a part of the United States, and a Confederate state. This unusual legal heritage sets Texas apart from the other slave-holding states and provides a unique opportunity to examine how slave laws were enacted and upheld as political and legal structures changed. The Laws of Slavery in Texas makes that examination possible by combining seminal historical essays with excerpts from key legal documents from the slave period and tying them together with interpretive commentary by the foremost scholar on the subject, Randolph B. Campbell. Campbell's commentary focuses on an aspect of slave law that was particularly evident in the evolving legal system of early Texas: the dilemma that arose when human beings were treated as property. As Campbell points out, defining slaves as moveable property, or chattel, presented a serious difficulty to those who wrote and interpreted the law because, unlike any other form of property, slaves were sentient beings. They were held responsible for their crimes, and in numerous other ways statute and case law dealing with slavery recognized the humanness of the enslaved. Attempts to protect the property rights of slave owners led to increasingly restrictive laws—including laws concerning free blacks—that were difficult to uphold. The documents in this collection reveal both the roots of the dilemma and its inevitable outcome.
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: John C. Domino Publisher: Rowman & Littlefield ISBN: 1498578594 Category : Law Languages : en Pages : 285
Book Description
John C. Domino examines Texas Supreme Court Justice Bob Gammage’s progressive jurisprudence during the most tumultuous period in Texas judicial history. This era witnessed numerous seismic shifts, including the manner in which judicial campaigns were conducted, the rise of million dollar judicial races, a dramatic change in the partisan and ideological composition of the Texas Supreme Court, the Court of Criminal Appeals, and most of the fourteen intermediate appellate courts, as well as the birth of the judicial reform movement in Texas. Gammage, who served as a court of appeals judge and as a state supreme court justice, forged a solid liberal record arguing for robust individual rights, including the right to privacy, freedom of expression, due process, and equal protection, whether those rights were implied in the Texas constitution, rooted in an evolving common law, or set out in state and federal judicial precedent.
Author: Lucas A. Powe Jr. Publisher: Univ of California Press ISBN: 0520970012 Category : Law Languages : en Pages : 320
Book Description
Texas has created more constitutional law than any other state. In any classroom nationwide, any basic constitutional law course can be taught using nothing but Texas cases. That, however, understates the history and politics behind the cases. Beyond representing all doctrinal areas of constitutional law, Texas cases deal with the major issues of the nation. Leading legal scholar and Supreme Court historian Lucas A. Powe, Jr., charts the rich and pervasive development of Texas-inspired constitutional law. From voting rights to railroad regulations, school finance to capital punishment, poverty to civil liberties, this wide-ranging and eminently readable book provides a window into the relationship between constitutional litigation and ordinary politics at the Supreme Court, illuminating how all of the fiercest national divides over what the Constitution means took shape in Texas.
Author: Carol S. Steiker Publisher: Harvard University Press ISBN: 0674737423 Category : History Languages : en Pages : 401
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: Sandra Day O'Connor Publisher: Random House Incorporated ISBN: 0812993926 Category : Law Languages : en Pages : 257
Book Description
The former Supreme Court justice shares stories about the history and evolution of the Supreme Court that traces the roles of key contributors while sharing the events behind important transformations.
Author: James T. Patterson Publisher: 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?
Author: James L. Haley
Author: James L. Haley
Author: Randolph B. Campbell
Author: the late Bernard Schwartz
Author: John C. Domino
Author: Lucas A. Powe Jr.
Author: James Wilmer Dallam
Author: Carol S. Steiker
Author: Sandra Day O'Connor
Author: James T. Patterson
Author: Texas. Court of Appeals