Author: James W. Vice
Publisher: BRILL
ISBN: 9004495169
Category : Social Science
Languages : en
Pages : 294
Get Book Here
Book Description
The Reopening of the American Mind: On Skepticism and Constitutionalism explores the connection of moderate skepticism with attachment to constitutionalism through the thought of five writers. The features of this skepticism were concisely delineated by James Madison in the 37th Federalist as a recognition of the complexity of political matters, the limitations of human reason, and the shortcomings of language. The position was first articulated by Cicero who connected it with the idea of a mixed or republican constitution developed by trial and error over generations. Cicero was influential in the world of David Hume, Edmund Burke, and Madison. The skeptical/constitutional connection found its most articulate recent advocate in Supreme Court Justice Felix Frankfurter and underlay his advocacy of judicial restraint. Current events have revived interest in the primacy of the legislative branch in balancing interests and rights, in the States as laboratories for democracy, and in an experimental approach to the solution of social problems in what might be called a reopening of the American mind. The five central chapters explore the skeptical/constitutional connection and the spirit of moderation in these political thinkers. Without an appreciation of this tradition of avoiding dogmatism, people will continue to demand simple answers to complex problems. The book is not, however, primarily a tract for the times but a reflection on the on-going search for a more civil world.
Author: Wallace Mendelson
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 262
Get Book Here
Book Description
Author: G. Edward White
Publisher: Oxford University Press
ISBN: 019028613X
Category : Political Science
Languages : en
Pages : 592
Get Book Here
Book Description
In this revised third edition of a classic in American jurisprudence, G. Edward White updates his series of portraits of the most famous appellate judges in American history from John Marshall to Oliver W. Holmes to Warren E. Burger, with a new chapter on the Rehnquist Court. White traces the development of the American judicial tradition through biographical sketches of the careers and contributions of these renowned judges. In this updated edition, he argues that the Rehnquist Court's approach to constitutional interpretation may have ushered in a new stage in the American judicial tradition. The update also includes a new preface and revised bibliographic note.
Author: Brad Snyder
Publisher: W. W. Norton & Company
ISBN: 1324004886
Category : Biography & Autobiography
Languages : en
Pages : 735
Get Book Here
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.
Author: Liva Baker
Publisher: Plunkett Lake Press
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 299
Get Book Here
Book Description
“The author has written a very interesting book... She did much research in primary sources, and held many interviews with those best acquainted with her illustrious hero. Born in Austria of a Jewish family, Felix Frankfurter read avidly from his youth. As a lad, he determined to be a lawyer and worked assiduously toward his objective. His ambition and his precocious mind kept him at the head of his classes in America, where he grew up. Soon after completing his legal training, he began to mix private professional services with public office holding. Although he frequently aided friends to win elective offices, Frankfurter never sought an elective office himself. From a United States District Attorney to an Associate Justice of the United States Supreme Court, his public offices were all appointments. Frankfurter, as a young man, was attracted by Woodrow Wilson and his New Freedom. In Washington as a government employee, this Jewish lawyer contended, with great confidence, that the state, as well as the national government, had the duty and right to erect social legislation. In 1914, as a teacher at Harvard, Frankfurter contended that law was not a mere abstraction but that society, by breathing into law the ‘breath of life,’ made it a living soul. Disliking formal lecturing, the law professor much preferred to have his pupils in small groups in animated discussions... In World War I, Frankfurter became an attorney in the War Department... in charge of labor problems. He became a recognized leader in President Wilson’s Mediation Commission... A delegate to the Paris Peace Conference, he aided in drawing up the Balfour Declaration for the return of Palestine to the Jews. Once again Frankfurter returned to Harvard to train young lawyers to combine an academic with an active public life. For twenty years, the professor continued to teach. In 1939, at the age of 56, President Roosevelt, a long time friend, appointed him an Associate Justice of the United States Supreme Court. Here Frankfurter served for twenty-three years until invalidism overtook him some months before his death in 1965... [writing] 725 opinions of which 291 were dissents... Justice Frankfurter believed the United States Supreme Court should practice self-imposed restraint. He opposed judicial law-making in all courts. Likewise, he contended that the courts should never enter the political arena. The author discusses well the Brown v. Board of Education and other desegregation cases, as well as the Baker v. Carr and other reapportionment cases, and shows how Justice Frankfurter came to decide with the majority in these law-making and politically activated cases. While this is not the definitive biography of Justice Frankfurter, it is an excellent and timely one.” — George Osborn, Professor of Social Sciences, University of Florida-Gainesville, The Annals of the American Academy of Political and Social Science “A worthwhile and complete compendium of the vital statistics of a great man in relation to the public life of the period... Two criticisms of Frankfurter often voiced during the latter part of his life were that in the great travail of the Jewish people he made no effort to help them, notwithstanding his profound influence on the President, and, that in spite of his great reputation as a ‘liberal’ before he was appointed to the Supreme Court, he turned ‘conservative’ afterwards. The author treats both these subjects with balanced judgment.” — Mendes Hershman, Jewish Social Studies
Author: Mark V. Tushnet
Publisher: University of Virginia Press
ISBN: 9780813916651
Category : Biography & Autobiography
Languages : en
Pages : 244
Get Book Here
Book Description
The tenure of Earl Warren as chief justice of the United States Supreme Court (1953-69) was marked by a series of decisions unique in the history of the Court for the progressive agenda they bespoke. What made the Warren Court special? How can students of history and political science understand the Warren Court as part of constitutional history and politics? To answer such questions, nine well-known legal scholars and historians explore how each justice contributed to the distinctiveness of the Warren Court in Supreme Court history.
Author: Thomas Healy
Publisher: Macmillan + ORM
ISBN: 1429949090
Category : Biography & Autobiography
Languages : en
Pages : 347
Get Book Here
Book Description
A Kirkus Reviews Best Nonfiction Book of the Year: “Fascinating . . . A magnificent book about a magnificent moment in American legal history.” —The Atlantic A Winner of the Robert F. Kennedy Book Award No right seems more fundamental to American public life than freedom of speech. Yet well into the twentieth century, that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained individual rights, including the right to express one’s political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, law professor Thomas Healy reconstructs in vivid detail Holmes’s journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends. Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation. “Compelling [and] charming.” —The Wall Street Journal “A beautifully written history, capturing the lively and passionate debate as Holmes came to see the abiding imperative of free speech and defend it at great cost to his own reputation at the time.” —Booklist “A stirring mix of intelligent biography and truly significant social and legal history.” —TheChristian Science Monitor
Author: H. N. Hirsch
Publisher: Quid Pro Books
ISBN: 1610272463
Category : Biography & Autobiography
Languages : en
Pages : 394
Get Book Here
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:
Publisher:
ISBN:
Category :
Languages : en
Pages : 92
Get Book Here
Book Description
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Author: William Nelson
Publisher: Beard Books
ISBN: 1587982803
Category : Law
Languages : en
Pages : 374
Get Book Here
Book Description
Republishes articles by two senior legal historians. Besides summarizing what has now become classical literature in the field, it offers illuminating insight into what it means to be a professional legal historian.
