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Author: Hadley Arkes
Publisher: Princeton University Press
ISBN: 069121820X
Category : Law
Languages : en
Pages : 311
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Book Description
In this book, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherland--a jurisprudence anchored in the understanding of natural rights. The doctrine of natural rights has become controversial in our own time, while Sutherland has been widely maligned and screened from our historical memory. He is remembered today as one of the "four horsemen" who resisted Roosevelt and the New Deal; but we have forgotten his leadership in the cause of voting rights for women. Both liberal and conservative jurists now deride Sutherland, yet both groups continue to draw upon his writings. Liberals look to Sutherland for a jurisprudence that protects "privacy" against the rule of majorities, as in matters concerning abortion or gay rights. Conservatives will appeal to his defense of freedom in the economy. However, both liberals and conservatives deny the premises of natural rights that provided the ground, and coherence, of Sutherland's teaching. Arkes contends that Sutherland can supply what is missing in both conservative and liberal jurisprudence. He argues that if a new generation can look again, with unclouded eyes, at the writings of Sutherland, both liberals and conservatives can be led back to the moral ground of their jurisprudence. This compelling intellectual biography introduces readers to an urbane man, and a steely judge, who has been made a stranger to them.
Author: Hadley Arkes
Publisher: Princeton University Press
ISBN: 069121820X
Category : Law
Languages : en
Pages : 311
Get Book Here
Book Description
In this book, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherland--a jurisprudence anchored in the understanding of natural rights. The doctrine of natural rights has become controversial in our own time, while Sutherland has been widely maligned and screened from our historical memory. He is remembered today as one of the "four horsemen" who resisted Roosevelt and the New Deal; but we have forgotten his leadership in the cause of voting rights for women. Both liberal and conservative jurists now deride Sutherland, yet both groups continue to draw upon his writings. Liberals look to Sutherland for a jurisprudence that protects "privacy" against the rule of majorities, as in matters concerning abortion or gay rights. Conservatives will appeal to his defense of freedom in the economy. However, both liberals and conservatives deny the premises of natural rights that provided the ground, and coherence, of Sutherland's teaching. Arkes contends that Sutherland can supply what is missing in both conservative and liberal jurisprudence. He argues that if a new generation can look again, with unclouded eyes, at the writings of Sutherland, both liberals and conservatives can be led back to the moral ground of their jurisprudence. This compelling intellectual biography introduces readers to an urbane man, and a steely judge, who has been made a stranger to them.
Author: Hadley Arkes
Publisher: Princeton University Press
ISBN: 9780691016283
Category : Law
Languages : en
Pages : 316
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Book Description
From Amherst College, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherlandone anchored in the understanding of natural rights. Arkes argues that if both liberals and conservatives would study the writings of George Sutherland, with unclouded eyes, both groups would set aside their differences and return to the moral ground of their jurisprudence.
Author: Jay Alan Sekulow
Publisher: Sheed & Ward
ISBN: 146167543X
Category : Political Science
Languages : en
Pages : 376
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Book Description
When it was ratified in 1791, the First Amendment to the Constitution of the United States sought to protect against two distinct types of government actions that interfere with religious liberty: the establishment of a national religion and interference with individual rights to practice religion. Since that time, no question has so bedeviled the U.S. Supreme Court as finding the best way to interpret and apply the Establishment Clause and the Free Exercise Clause of the First Amendment. In this unique and timely book, Jay Sekulow examines not only the key cases and their historical context that have shaped the law concerning church-state relations, but also, for the first time, the impact of the religious faith and practices of Supreme Court Justices who have ruled in each case. Covering cases from the teaching of religion in public schools and the use of federal funds for parochial schools to today's debates about the Pledge of Allegiance and public displays of the Ten Commandments, Witnessing Their Faith is essential reading for anyone interested in the history and future of religious freedom in America.
Author: G. Edward White
Publisher: Harvard University Press
ISBN: 9780674008311
Category : History
Languages : en
Pages : 408
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Book Description
In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.
Author: Mark S. Gaylord
Publisher: Routledge
ISBN: 1000679586
Category : Biography & Autobiography
Languages : en
Pages : 152
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Book Description
Edwin Sutherland is the acknowledged father of American criminology. This is the first full-length analysis of his work and his person. Unlike the European schools of criminology, which sought to locate deviant behaviour within the deep structures of the economy, Sutherland eschewed such explanations in favour of proximate and observable causes. He located the sources of crime in the association and interaction of specific groups of people. For Sutherland, crime as a way of life results from an individual's attachment to criminals for whom criminal acts are a measure of success no less than a way of life. In a series of publications, Sutherland expanded the horizons of the classic "Chicago School" of interactionists, and in the process founded criminology as a separate area of research while locating it firmly within sociology. As the authors show, Sutherland's work was inspired by strong moral concerns and a sense of the needs of society for social order without falling prey to either blaming the victim or pandering to sentiment about the joys of criminal life. In this sense, he is a model of the sociological tradition long deserving of the biography acknowledging his role as a master and pioneer. Yet Gaylord and Galliher have written more than an intellectual biography. They take seriously the need to fit Sutherland and his "theory of differential association" into a social and historical context. They are also aware and critically straightforward about the limitations of Sutherland's work in criminology, but place both his achievements and their limitations in a fully developed analytical context.
Author: Robert C. Post
Publisher: Cambridge University Press
ISBN: 1009336223
Category : History
Languages : en
Pages : 1672
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Book Description
This work will serve as the authoritative reference text on the Supreme Court during the period of 1921 to 1930, when William Howard Taft was Chief Justice. It will become a point of common reference across multiple disciplines, including history, law, and political science.
Author: Evan Tsen Lee
Publisher: Oxford University Press, USA
ISBN: 0195340345
Category : Law
Languages : en
Pages : 247
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Book Description
This traces the cultural, social, and intellectual forces that shaped the contours of judicial restraint from the time of John Marshall, through the Warren Court, and up to the present.
Author: Melvin I. Urofsky
Publisher: CQ Press
ISBN: 1452267286
Category : Political Science
Languages : en
Pages : 689
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Book Description
The recent dramatic shift in makeup of the U.S. Supreme Court has led to great interest in the rulings and legal opinions of its justices. Now, CQ Press brings you a comprehensive volume that analyzes the lives and legal philosophies of all past and present justices of the Court. Biographical Encyclopedia of the Supreme Court includes signed essays profiling the men and women who have served and are serving on the U.S. Supreme Court. This one-of-a-kind reference includes not only important biographical information, but also in-depth details of the legal contributions made by the men and women of the nation's highest bench. Keeping up with the recent changes to the Court, this volume includes all current justices. New essays profile Chief Justice John Roberts and Justice Samuel Alito. Justices are arranged in an easy-to-use alphabetical format. Each essay is prefaced with key biographical information for each justice such as: Birth and death dates Date of nomination to the Court The name of president who nominated the justice The date he or she was seated Date range of service on the Court Within each essay, written by a top legal expert, scholar, or journalist, Biographical Encyclopedia of the Supreme Court provides facts and context along with analysis of the opinions and legal philosophies for each justice. This new volume is an updated edition of The Supreme Court Justices: A Biographical Dictionary (1994). It will prove a valuable resource for academic, community college, law school, and public libraries.
Author: Mark S. Weiner
Publisher: NYU Press
ISBN: 0814793657
Category : Law
Languages : en
Pages : 207
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Book Description
Americans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity of minority groups for legal behavior, which Mark S. Weiner calls “juridical racialism.” The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indians in the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s. Weiner reveals the significance of juridical racialism for each group and, in turn, Americans as a whole by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.
Author: Timothy L. Hall
Publisher: Infobase Publishing
ISBN: 1438108176
Category : Federal government
Languages : en
Pages : 577
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Book Description
Presents an alphabetical listing of Supreme Court justices with a short biography on each person.
