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Author: Tinsley E. Yarbrough
Publisher: Oxford University Press, USA
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 316
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Book Description
In the decades that followed Reconstruction, the Supreme Court struck down civil rights legislation, validated Jim Crow laws, and stopped the government from regulating big business in almost any form. One justice, however, stood against the conservative trend: John Marshall Harlan. His advocacy of a color-blind Constitution in his powerful dissents established a rich legacy that was validated decades later by the Warren Court. But behind the legal opinions, the great dissenter was a complex, enigmatic, even contradictory man. In Judicial Enigma, Tinsley E. Yarbrough offers the most complete portrait we have ever had of this critical figure. He follows Harlan from antebellum Kentucky, when he was an outspoken Whig and Unionist, through his exploits as a colonel in the Civil War, to his political career before his appointment to the Court in 1877. Harlan's early life presents a fascinating contrast to his later stands on civil rights. Yarbrough shows, for example, that Harlan maintained a wary relationship with his black half-brother Robert (who rose to wealth during the California gold rush and to influence as a prominent Ohio Republican). The future justice also spouted openly racist language as he campaigned in postwar Kentucky--reflecting views he never entirely discarded. Even in later life, the man who became the Court's greatest moral force was not above using his position to escape his many creditors; he also did nothing to save his alcoholic, opium-addicted brother James from dying in a Kentucky almshouse. Yet moral force he was, and Yarbrough deftly explores his astonishing record as he dissented against a roster of decisions that are now considered a roll-call of error and injustice: Plessy vs. Ferguson (validating Jim Crow laws), Lochner vs. New York (overturning a law limiting working hours), the Sugar Trust Case (gutting the Sherman Antitrust Act), and many more. And yet, even here Harlan remained an enigma; as Yarbrough shows, he sometimes contradicted the same sentiments that have since sanctified his memory. In biographies of Justice Hugo Black, Judge Frank Johnson, J. Waties Waring, and John Marshall Harlan's grandson, the second Justice Harlan, Yarbrough has shown himself to be a gifted chronicler of the great figures of American law. In this volume, he offers the most insightful account of the man still remembered as the great dissenter.
Author: Tinsley E. Yarbrough
Publisher: Oxford University Press, USA
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 316
Get Book
Book Description
In the decades that followed Reconstruction, the Supreme Court struck down civil rights legislation, validated Jim Crow laws, and stopped the government from regulating big business in almost any form. One justice, however, stood against the conservative trend: John Marshall Harlan. His advocacy of a color-blind Constitution in his powerful dissents established a rich legacy that was validated decades later by the Warren Court. But behind the legal opinions, the great dissenter was a complex, enigmatic, even contradictory man. In Judicial Enigma, Tinsley E. Yarbrough offers the most complete portrait we have ever had of this critical figure. He follows Harlan from antebellum Kentucky, when he was an outspoken Whig and Unionist, through his exploits as a colonel in the Civil War, to his political career before his appointment to the Court in 1877. Harlan's early life presents a fascinating contrast to his later stands on civil rights. Yarbrough shows, for example, that Harlan maintained a wary relationship with his black half-brother Robert (who rose to wealth during the California gold rush and to influence as a prominent Ohio Republican). The future justice also spouted openly racist language as he campaigned in postwar Kentucky--reflecting views he never entirely discarded. Even in later life, the man who became the Court's greatest moral force was not above using his position to escape his many creditors; he also did nothing to save his alcoholic, opium-addicted brother James from dying in a Kentucky almshouse. Yet moral force he was, and Yarbrough deftly explores his astonishing record as he dissented against a roster of decisions that are now considered a roll-call of error and injustice: Plessy vs. Ferguson (validating Jim Crow laws), Lochner vs. New York (overturning a law limiting working hours), the Sugar Trust Case (gutting the Sherman Antitrust Act), and many more. And yet, even here Harlan remained an enigma; as Yarbrough shows, he sometimes contradicted the same sentiments that have since sanctified his memory. In biographies of Justice Hugo Black, Judge Frank Johnson, J. Waties Waring, and John Marshall Harlan's grandson, the second Justice Harlan, Yarbrough has shown himself to be a gifted chronicler of the great figures of American law. In this volume, he offers the most insightful account of the man still remembered as the great dissenter.
Author: Corey Robin
Publisher: Metropolitan Books
ISBN: 1627793844
Category : Biography & Autobiography
Languages : en
Pages : 288
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Book Description
The Enigma of Clarence Thomas is a groundbreaking revisionist take on the Supreme Court justice everyone knows about but no one knows. Most people can tell you two things about Clarence Thomas: Anita Hill accused him of sexual harassment, and he almost never speaks from the bench. Here are some things they don’t know: Thomas is a black nationalist. In college he memorized the speeches of Malcolm X. He believes white people are incurably racist. In the first examination of its kind, Corey Robin – one of the foremost analysts of the right – delves deeply into both Thomas’s biography and his jurisprudence, masterfully reading his Supreme Court opinions against the backdrop of his autobiographical and political writings and speeches. The hidden source of Thomas’s conservative views, Robin shows, is a profound skepticism that racism can be overcome. Thomas is convinced that any government action on behalf of African-Americans will be tainted by racism; the most African-Americans can hope for is that white people will get out of their way. There’s a reason, Robin concludes, why liberals often complain that Thomas doesn’t speak but seldom pay attention when he does. Were they to listen, they’d hear a racial pessimism that often sounds similar to their own. Cutting across the ideological spectrum, this unacknowledged consensus about the impossibility of progress is key to understanding today’s political stalemate.
Author: H. N. Hirsch
Publisher: Quid Pro Books
ISBN: 1610272463
Category : Biography & Autobiography
Languages : en
Pages : 394
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Book Description
A recognized, fascinating, and much-cited classic of judicial biography and Supreme Court insight is now available in a quality ebook edition—featuring active contents, linked notes, proper formatting, and a fully-linked Index. Felix Frankfurter was perhaps the most influential jurist of the 20th century—and one of the most complex men ever to sit on the U.S. Supreme Court. Mysteries and apparent contradictions abound. A vibrant and charming friend to many, why are his diaries so full of vitriol against judicial colleagues, especially Douglas and Black? An active Zionist, why did he so zealously enjoy the company of Boston Brahmins, whose snobbery he detested? Most puzzling of all: why did someone known before his appointment to the Court as a civil libertarian—even a radical—become our most famous and persistent advocate for austere judicial restraint? In answering these and other questions, this pathbreaking biography of Frankfurter explores the personality of the man as a key to understanding the Justice. Harry Hirsch sees in Frankfurter's fascinating and complex persona a clue to the biggest mystery of all: the contrast between the brilliant and ambitious young immigrant rising by his intellect and charm to leadership in U.S. academic and political life; and the judge, equally brilliant, but increasingly isolated, embittered, and ineffective. "Hirsch's well-written book ... dispels the contradictory image that has long mystified students of Felix Frankfurter. His portrait is unvarnished, yet scrupulously fair. Revealed is a consummate manipulator of public men and policy. No future biographer can safely ignore the brilliant biographical work." — Alpheus Thomas Mason, Princeton University "Hirsch's carefully constructed and supported psychological analysis of Justice Frankfurter gives us an exciting look at the inner workings of the Supreme Court." — Martin Shapiro, University of California, Berkeley A new addition to the Legal History & Biography Series from Quid Pro Books. This is an authorized and unabridged digital republication of the acclaimed book first published by Basic Books.
Author: Peter S. Canellos
Publisher: Simon and Schuster
ISBN: 1501188216
Category : Biography & Autobiography
Languages : en
Pages : 624
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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: Jeffrey Rosen
Publisher: Macmillan
ISBN: 0805081828
Category : Biography & Autobiography
Languages : en
Pages : 288
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Book Description
In a compelling and character-driven narrative, the noted Supreme Court expert Jeffrey Rosen recounts the history of the Court through four personal and philosophical rivalries that have transformed the law - and, by extension, our daily lives. Focusing on the remarkable clashes of eight larger-than-life personalities who dominated the Court-Chief Justice John Marshall and President Thomas Jefferson; post-Civil War justices John Marshall Harlan and Oliver Wendell Holmes; liberal icons Hugo Black and William O. Douglas; and conservative icons William H. Rehnquist and Antonin Scalia-Rosen brings vividly to life the perennial rivalry between those justices guided by strong ideology and those who forge coalitions and adjust to new realities. The narrative concludes with a revealing conversation with Chief Justice John Roberts, who explains his own attempt to transform the culture of the Court in unexpected ways. The stakes, Rosen shows, are nothing less than the future of American jurisprudence. Book jacket.
Author: Jennifer M. Kilty
Publisher: Routledge
ISBN: 1317033965
Category : Law
Languages : en
Pages : 148
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Book Description
Karla Homolka has proven to be a figure of enduring interest to the public and media for the last 20 years. However, despite the widespread Canadian and international public commentary and media frenzy that has encircled this case, Homolka herself remains an enigma to most who write about her. In contrast to much of the contemporary discussion on this case, this book offers a comprehensive and detailed examination of the legal, public and media understandings and explanations of Homolka’s criminality. Drawing from multiple fields of study and varied bodies of critical literature, the book uses Homolka as an object lesson to interrogate some of the narratives and conceptualizations of ‘violent women’, the problematic normative constructions of womanhood and ‘acceptable femininity’, leniency in sentencing, taboo and disgust, and questions of remorse. The authors address broad questions about how women convicted of violence are typically constructed across four sites: the courts; the academy; the mainstream media; and public discourse. This unique text is extremely important for feminist criminology and socio-legal studies, offering the first comprehensive academic effort to engage in dialogue about this important and fascinating case.
Author: Jamal Greene
Publisher: Houghton Mifflin
ISBN: 1328518116
Category : Law
Languages : en
Pages : 341
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Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author: Peter Goodrich
Publisher: Cambridge University Press
ISBN: 1107035996
Category : Art
Languages : en
Pages : 313
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Book Description
The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed.
Author: Shimon Shetreet
Publisher: BRILL
ISBN: 9004421556
Category : Law
Languages : en
Pages : 588
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Book Description
The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1156
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Book Description
Sept. 10 - Oct. 13, 1991.
