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Author: Marvin Schick
Publisher: JHU Press
ISBN: 1421432129
Category : Political Science
Languages : en
Pages : 434
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Book Description
Originally published in 1970. This is a study of one of the most highly respected tribunals in the history of the English-speaking world—the United States Court of Appeals for the Second Circuit. Situated in Manhattan, the Second Circuit Court, serving New York, Connecticut, and Vermont, is the most important commercial court in the country. But, like other inferior courts, it has never been studied in depth. Marvin Schick provides a comprehensive analysis. From 1941 to 1951, Learned Hand presided over the Second Circuit as chief judge, and the court bore his stamp. But on its bench sat other men of great competence, judges Thomas W. Swan, August N. Hand, and Harrie B. Chase, as well as Charles E. Clark and Jerome N. Frank, whose constant disagreement characterized much of the court's work. Schick studies the Second Circuit Court from several angles: historical, biographical, behavioral, and case analytical. He tells a history of the court from its origins in 1789. He provides biographical sketches of the six judges who sat during Learned Hand's tenure as chief judge. He analyzes the many decisions handed down by the court, including the precedent setters. He examines the court's decision-making process, especially its unique procedures such as the memorandum system, which requires from the judges "preliminary opinions" in the cases they hear. A novel feature of this book is the correlation of votes of the Second Circuit judges with subsequent decisions of the Supreme Court. Schick was aided in his study by having access to the private papers of Judge Clark. These thousands of memoranda and letters throw much light on the workings of the Second Circuit Court and reveal the bargaining that went on among the judges in difficult cases. The Clark papers make possible a clearer understanding of the incessant conflict between Clark and Frank and show how this unusual relationship gave vitality to the Second Circuit.
Author: Marvin Schick
Publisher: JHU Press
ISBN: 1421432129
Category : Political Science
Languages : en
Pages : 434
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Book Description
Originally published in 1970. This is a study of one of the most highly respected tribunals in the history of the English-speaking world—the United States Court of Appeals for the Second Circuit. Situated in Manhattan, the Second Circuit Court, serving New York, Connecticut, and Vermont, is the most important commercial court in the country. But, like other inferior courts, it has never been studied in depth. Marvin Schick provides a comprehensive analysis. From 1941 to 1951, Learned Hand presided over the Second Circuit as chief judge, and the court bore his stamp. But on its bench sat other men of great competence, judges Thomas W. Swan, August N. Hand, and Harrie B. Chase, as well as Charles E. Clark and Jerome N. Frank, whose constant disagreement characterized much of the court's work. Schick studies the Second Circuit Court from several angles: historical, biographical, behavioral, and case analytical. He tells a history of the court from its origins in 1789. He provides biographical sketches of the six judges who sat during Learned Hand's tenure as chief judge. He analyzes the many decisions handed down by the court, including the precedent setters. He examines the court's decision-making process, especially its unique procedures such as the memorandum system, which requires from the judges "preliminary opinions" in the cases they hear. A novel feature of this book is the correlation of votes of the Second Circuit judges with subsequent decisions of the Supreme Court. Schick was aided in his study by having access to the private papers of Judge Clark. These thousands of memoranda and letters throw much light on the workings of the Second Circuit Court and reveal the bargaining that went on among the judges in difficult cases. The Clark papers make possible a clearer understanding of the incessant conflict between Clark and Frank and show how this unusual relationship gave vitality to the Second Circuit.
Author: Gerald Gunther
Publisher:
ISBN: 019537777X
Category : Biography & Autobiography
Languages : en
Pages : 733
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Book Description
Previous edition, 1st, published in 1994.
Author: Learned Hand
Publisher: Oxford University Press (UK)
ISBN: 019989910X
Category : Biography & Autobiography
Languages : en
Pages : 470
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Book Description
Reason and Imagination: The Selected Correspondence of Learned Hand provides readers with an intimate look into the life and mind of Judge Learned Hand, an icon in American Law. This new book brings to light previously unpublished letters and gives readers insight into Hand's thoughts on American jurisprudence and policy. This new collection includes a preface by Ronald Dworkin.
Author: Billings Learned Hand
Publisher:
ISBN: 9780190260132
Category : Judges
Languages : en
Pages : 435
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Book Description
Author: Kenneth L. Port
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Learned Hand is considered by nearly all to be one of the most respected jurists in American legal history. The literature is replete with references to Hand, depicting him in superlative terms as one of the most accomplished and respected judges to sit on any United States court. Most recently, two of the people most qualified to make the determination have concluded that Hand was a great judge. Gerald Gunther in his biography on Hand (and in subsequent spin-off articles) relied on his personal affinity for Hand to conclude that Hand was a great judge. Also, Judge Richard Posner, based almost exclusively on a quantitative analysis of the number of times Hand's opinions have been cited in various courts, concluded that Hand was a great judge. Even though Hand never was promoted to the Supreme Court, in his fifty-plus years as a judge (sitting first in the district court and then in the circuit court), very few other judges have been canonized as much as Hand. In fact, in 1959 the Second Circuit held a special session to praise Hand's fifty years of judicial service. These comments were placed on the record and are reported in the Federal Reporter. No other judge in American history had received such an honor. A lawyer, judge or law student who formed his or her entire opinion of Learned Hand's opinions based on such canonization might expect each decision he wrote to be a masterpiece, each area of law he touched to be clarified, and each opinion to be consistent, true, and somehow objectively and normatively a correct statement of the law. Or, at least, these people might expect that his decisions were still good law today. As this article argues, however, as applied to Hand's substantive trademark jurisprudence, this is often not the case. Whether a judge is worthy of the type of praise Hand has received should be evaluated, as Richard Posner claims, by analyzing the contribution that a particular judge's decisions have had on the formulation and development of the law on any given subject. I accept this standard as axiomatic in this determination. Based on this standard, it is difficult to see how anyone could claim that Learned Hand was a great trademark judge. Learned Hand's trademark jurisprudence, taken as a distinct unit, exhibits a rather amazing conservativism. Hand's judicial philosophy in trademark cases was to give extreme deference to the common law as he learned it in the 1920s. He was extremely resistant to change. This is perhaps explained by what appears to be Hand's understanding of legal positivism - that law is a statement of the will of the sovereign and judges are not free to create law without a clear statement of authority from the State. This judicial philosophy by Hand actually had an extremely restrictive impact on the development of trademark law. Although Hand is given much credit for shaping the law in this area, substantially all of his discourse on the subject has a remarkably conservative tone. This conservativism seems to be informed by the legal positivists' notion of law and the role of lawyers. Because trademark law was in such a formative stage of development while Hand was judging these cases, and because trademark law has historically been a right derived at common law, he actually had a negative impact on the expansion of rights granted to holders of trademarks. In fact, Hand spent thirty years attempting to discredit the one case for which he is most often cited and on which much of his trademark jurisprudence fame is based. This article, then, is a systematic study of all twenty-five opinions (either majority or dissenting) regarding substantive trademark law that Learned Hand wrote while on the Second Circuit Court of Appeals. Part II introduces the law of trademarks. Part III introduces legal positivism, which I believe strongly influenced Hand's perspective on the role of a judge in our system of justice. Part IV describes Hand's peculiar interest and attraction to intellectual property opinions in general. Part V consists of a systematic analysis of Hand's trademark cases. The article concludes that Hand was a rather rigid legal positivist and that this philosophical perspective strongly influenced the manner in which Hand viewed his role as a judge in trademark cases, thereby dictating and explaining the outcomes of his trademark cases. Furthermore, Hand's legal positivist perspective explains the difference between his opinions and various otherwise irreconcilable cases by other courts - including the Supreme Court - and resulted in greatly restricting the development of trademark law. Finally, this article concludes that Hand's superlative reputation in the area of substantive trademark law is not only unearned, but is based on complete myth. Very few Learned Hand trademark decisions should be cited today as controlling law. This is not a great legacy for the greatest judge in the history of the federal courts of appeals. By analyzing Hand's trademark opinions and categorizing him as a legal positivist, it is hoped that more discussion and close scrutiny of Hand's opinions will be initiated. In this effort, it is important to note, the role of legal theory is to allow for such group structuring. Deliberate group structuring facilitates the understanding of specific bodies of information. Most importantly, my use of theory in this article is intended to be causal, not just descriptive. When theory is used causally as well as descriptively, one comes to understand and appreciate the constraints and the perspective under which specific jurists operated.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Learned Hand
Publisher: New York : Macmillan
ISBN:
Category : Judicial opinions
Languages : en
Pages : 360
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Book Description
Author: Richard Lee Hough
Publisher:
ISBN:
Category :
Languages : en
Pages : 710
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Book Description
Author: Sandra Day O'Connor
Publisher: Random House Incorporated
ISBN: 0812993926
Category : Law
Languages : en
Pages : 257
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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: Learned Hand
Publisher:
ISBN:
Category : Ciencias políticas
Languages : en
Pages : 260
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Book Description
Learned Hand, by general consent, is one of the most distinguished living Americans. It seemed to Irving Dillard, editor of the editorial page of the St. Louis Post-Dispatch (1949-57), that Judge Hand's non-legal addresses and papers ought to be available in volume form -- and this book is the result. Here, in speeches and articles covering a time-span of sixty-five years, is one of the truly liberal, incisive, and human voices of American life. On such subjects as justice, tolerance, democracy, liberty; on such men as Holmes, Brandeis, Cardozo, Stone, and Hughes; on the preservation of personality, the existence of a common will, the meaning of Americanism -- Judge Hand's living words are creative words with profound and enduring significance. Irving Dillard has supplied an Introduction that is a tribute to Learned Hand, and has prefaced each one of the forty-one addresses and papers with an informative note. The Spirit of Liberty is a heartening book for all Americans.
