The Nature of the Judicial Process

The Nature of the Judicial Process PDF Author: Benjamin Nathan Cardozo
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 218

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Book Description
In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

The Nature of the Judicial Process

The Nature of the Judicial Process PDF Author: Benjamin Nathan Cardozo
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 218

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Book Description
In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

The Brethren

The Brethren PDF Author: Bob Woodward
Publisher: Simon and Schuster
ISBN: 1439126348
Category : Political Science
Languages : en
Pages : 717

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Book Description
The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.

Mr. Justice Holmes and the Supreme Court

Mr. Justice Holmes and the Supreme Court PDF Author: Felix Frankfurter
Publisher: New York : Atheneum, 1965 [c1961]
ISBN:
Category : Constitutional law
Languages : en
Pages : 136

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Book Description
In 1938, a year before he was called to the Supreme Court of the United States, Professor Frankfurter delivered three lectures at Harvard on Mr. Justice Holmes which conveyed with sympathetic insight Holmes's constitutional philosophy. He also wrote a remarkably sensitive biographical notice of Holmes for the Dictionary of American Biography. This book brings these works into one volume. -- from Foreword.

Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment

Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment PDF Author: Brad Snyder
Publisher: W. W. Norton & Company
ISBN: 1324004886
Category : Biography & Autobiography
Languages : en
Pages : 735

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Book Description
The definitive biography of Felix Frankfurter, Supreme Court justice and champion of twentieth-century American liberal democracy. The conventional wisdom about Felix Frankfurter—Harvard law professor and Supreme Court justice—is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court’s principal villain. And yet none of these characterizations rings true. A pro-government, pro-civil rights liberal who rejected shifting political labels, Frankfurter advocated for judicial restraint—he believed that people should seek change not from the courts but through the democratic political process. Indeed, he knew American presidents from Theodore Roosevelt to Lyndon Johnson, advised Franklin Roosevelt, and inspired his students and law clerks to enter government service. Organized around presidential administrations and major political and world events, this definitive biography chronicles Frankfurter’s impact on American life. As a young government lawyer, he befriended Theodore Roosevelt, Louis Brandeis, and Holmes. As a Harvard law professor, he earned fame as a civil libertarian, Zionist, and New Deal power broker. As a justice, he hired the first African American law clerk and helped the Court achieve unanimity in outlawing racially segregated schools in Brown v. Board of Education. In this sweeping narrative, Brad Snyder offers a full and fascinating portrait of the remarkable life and legacy of a long misunderstood American figure. This is the biography of an Austrian Jewish immigrant who arrived in the United States at age eleven speaking not a word of English, who by age twenty-six befriended former president Theodore Roosevelt, and who by age fifty was one of Franklin Roosevelt’s most trusted advisers. It is the story of a man devoted to democratic ideals, a natural orator and often overbearing justice, whose passion allowed him to amass highly influential friends and helped create the liberal establishment.

Scorpions

Scorpions PDF Author: Noah Feldman
Publisher: Hachette+ORM
ISBN: 0446575143
Category : Political Science
Languages : en
Pages : 636

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Book Description
A history of the careers and constitutional visions of four U.S. Supreme Court Justices appointed by Franklin Roosevelt. A tiny, ebullient Jew who started as America’s leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. Hugo Black, William O. Douglas, Felix Frankfurter, and Robert Jackson began as close allies and friends of FDR. But the quest to shape a new Constitution led them to competition and sometimes outright warfare. Scorpions tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself. Praise for Scorpions “Smart and engaging.” —New York Times Book Review “Full of high-stakes intellectual drama.” —Washington Post “A first-rate work of narrative history that succeeds in bringing the intellectual and political battles of the post-Roosevelt Court vividly to life.” —Publishers Weekly

Keeping Faith with the Constitution

Keeping Faith with the Constitution PDF Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274

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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

On Understanding the Supreme Court

On Understanding the Supreme Court PDF Author: Paul Abraham Freund
Publisher:
ISBN:
Category :
Languages : en
Pages : 148

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Book Description


Active Liberty

Active Liberty PDF Author: Stephen Breyer
Publisher: Vintage
ISBN: 0307424618
Category : Political Science
Languages : en
Pages : 176

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Book Description
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

The Constitutional World of Mr. Justice Frankfurter

The Constitutional World of Mr. Justice Frankfurter PDF Author: Felix Frankfurter
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 360

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Book Description


Mr. Justice Brandeis

Mr. Justice Brandeis PDF Author: Felix Frankfurter
Publisher: Da Capo Press, Incorporated
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 258

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Book Description