The History of the New York Court of Appeals, 1847-1932 PDF Download
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Author: Francis Bergan
Publisher: Columbia University Press
ISBN: 9780231059503
Category : History
Languages : en
Pages : 382
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Book Description
From 1932 to 2003, the New York Court of Appeals-the highest court in the state- decided crucial cases pertaining to the social and legal issues of the day. The judges' rulings affected laws regarding motion picture censorship; obscenity, indecency, and immorality; religion; capital punishment; torts; the right to control personal medical care; and abortion. This comprehensive history completes a two volume series that began with The History of the New York Court of Appeals, 1847-1932. Each case is richly recounted and analyzed, detailing the decisions and dissenting opinions. Short biographies are provided for the judges who served during this period, and changes in the selection of judges, as well as the court's jurisdiction, are thoroughly explained. Particular to this volume, the authors provide the legal, social, and political contexts for these cases, showing how the law has evolved over time. They examine the court's view concerning its constitutional power to respond to an economic emergency during the Great Depression; they outline cases in which the judges ruled on the government's role in legislating morals and morality; and they focus on the evolution of the court's opinions regarding statutory interpretation, judicial federalism, censorship, constitutional reform, criminal law and capital punishment, rules of evidence, education, family law, and antitrust and labor law.
Author: Francis Bergan
Publisher: Columbia University Press
ISBN: 9780231059503
Category : History
Languages : en
Pages : 382
Get Book Here
Book Description
From 1932 to 2003, the New York Court of Appeals-the highest court in the state- decided crucial cases pertaining to the social and legal issues of the day. The judges' rulings affected laws regarding motion picture censorship; obscenity, indecency, and immorality; religion; capital punishment; torts; the right to control personal medical care; and abortion. This comprehensive history completes a two volume series that began with The History of the New York Court of Appeals, 1847-1932. Each case is richly recounted and analyzed, detailing the decisions and dissenting opinions. Short biographies are provided for the judges who served during this period, and changes in the selection of judges, as well as the court's jurisdiction, are thoroughly explained. Particular to this volume, the authors provide the legal, social, and political contexts for these cases, showing how the law has evolved over time. They examine the court's view concerning its constitutional power to respond to an economic emergency during the Great Depression; they outline cases in which the judges ruled on the government's role in legislating morals and morality; and they focus on the evolution of the court's opinions regarding statutory interpretation, judicial federalism, censorship, constitutional reform, criminal law and capital punishment, rules of evidence, education, family law, and antitrust and labor law.
Author: Bernard S. Meyer
Publisher: Columbia University Press
ISBN: 9780231509909
Category : History
Languages : en
Pages : 868
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Book Description
From 1932 to 2003, the New York Court of Appeals-the highest court in the state- decided crucial cases pertaining to the social and legal issues of the day. The judges' rulings affected laws regarding motion picture censorship; obscenity, indecency, and immorality; religion; capital punishment; torts; the right to control personal medical care; and abortion. This comprehensive history completes a two volume series that began with The History of the New York Court of Appeals, 1847-1932. Each case is richly recounted and analyzed, detailing the decisions and dissenting opinions. Short biographies are provided for the judges who served during this period, and changes in the selection of judges, as well as the court's jurisdiction, are thoroughly explained. Particular to this volume, the authors provide the legal, social, and political contexts for these cases, showing how the law has evolved over time. They examine the court's view concerning its constitutional power to respond to an economic emergency during the Great Depression; they outline cases in which the judges ruled on the government's role in legislating morals and morality; and they focus on the evolution of the court's opinions regarding statutory interpretation, judicial federalism, censorship, constitutional reform, criminal law and capital punishment, rules of evidence, education, family law, and antitrust and labor law.
Author: New York (State).
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 133
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Book Description
Author: Christopher Jon Sprigman
Publisher: Lulu.com
ISBN: 1892628023
Category : Law
Languages : en
Pages : 203
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Book Description
This public domain book is an open and compatible implementation of the Uniform System of Citation.
Author: Gerald Benjamin
Publisher: Oxford University Press, USA
ISBN: 0195387236
Category : Political Science
Languages : en
Pages : 1035
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Book Description
The Oxford Handbook of New York State Government and Politics brings together top scholars and former and current state officials to explain how and why the state is governed the way that it is. The book's thirty-one chapters assemble new scholarship in key areas of governance in New York, document the state's record in comparison to other U.S. states, and identify directions for future research.
Author: Peter Eisenstadt
Publisher: Syracuse University Press
ISBN: 9780815608080
Category : History
Languages : en
Pages : 1960
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Book Description
The Encyclopedia of New York State is one of the most complete works on the Empire State to be published in a half-century. In nearly 2,000 pages and 4,000 signed entries, this single volume captures the impressive complexity of New York State as a historic crossroads of people and ideas, as a cradle of abolitionism and feminism, and as an apex of modern urban, suburban, and rural life. The Encyclopedia is packed with fascinating details from fields ranging from sociology and geography to history. Did you know that Manhattan's Lower East Side was once the most populated neighborhood in the world, but Hamilton County in the Adirondacks is the least densely populated county east of the Mississippi; New York is the only state to border both the Great Lakes and the Atlantic Ocean; the Erie Canal opened New York City to rich farmland upstate . . . and to the west. Entries by experts chronicle New York's varied areas, politics, and persuasions with a cornucopia of subjects from environmentalism to higher education to railroads, weaving the state's diverse regions and peoples into one idea of New York State. Lavishly illustrated with 500 photographs and figures, 120 maps, and 140 tables, the Encyclopedia is key to understanding the state's past, present, and future. It is a crucial reference for students, teachers, historians, and business people, for New Yorkers of all persuasions, and for anyone interested in finding out more about New York State.
Author: William M. Wiecek
Publisher: Oxford University Press, USA
ISBN: 0195118545
Category : History
Languages : en
Pages : 297
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Book Description
This book examines the ideology of elite lawyers and judges from the Gilded Age through the New Deal. Between 1866 and 1937, a coherent outlook shaped the way the American bar understood the sources of law, the role of the courts, and the relationship between law and the larger society. William M. Wiecek explores this outlook--often called "legal orthodoxy" or "classical legal thought"--which assumed that law was apolitical, determinate, objective, and neutral. American classical legal thought was forged in the heat of the social crises that punctuated the late nineteenth century. Fearing labor unions, immigrants, and working people generally, American elites, including those on the bench and bar, sought ways to repress disorder and prevent political majorities from using democratic processes to redistribute wealth and power. Classical legal thought provided a rationale that assured the legitimacy of the extant distribution of society's resources. It enabled the legal suppression of unions and the subordination of workers to management's authority. As the twentieth-century U.S. economy grew in complexity, the antiregulatory, individualistic bias of classical legal thought became more and more distanced from reality. Brittle and dogmatic, legal ideology lost legitimacy in the eyes of both laypeople and ever-larger segments of the bar. It was at last abandoned in the "constitutional revolution of 1937", but--as Wiecek argues in this detailed analysis--nothing has arisen since to replace it as an explanation of what law is and why courts have such broad power in a democratic society.
Author: Andrew L. Kaufman
Publisher: Harvard University Press
ISBN: 9780674096455
Category : Biography & Autobiography
Languages : en
Pages : 764
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Book Description
Benjamin Nathan Cardozo, unarguably one of the most outstanding judges of the twentieth century, is a man whose name remains prominent and whose contributions to the law remain relevant. This first complete biography of the longtime member and chief judge of the New York Court of Appeals and Justice of the Supreme Court of the United States during the turbulent years of the New Deal is a monumental achievement by a distinguished interpreter of constitutional law. Cardozo was a progressive judge who understood and defended the proposition that judge-made law must be adapted to modern conditions. He also preached and practiced the doctrine that respect for precedent, history, and all branches of government limited what a judge could and should do. Thus, he did not modernize law at every opportunity. In this book, Kaufman interweaves the personal and professional lives of this remarkable man to yield a multidimensional whole. Cardozo's family ties to the Jewish community were a particularly significant factor in shaping his life, as was his father's scandalous career--and ultimate disgrace--as a lawyer and judge. Kaufman concentrates, however, on Cardozo's own distinguished career, including twenty-three years in private practice as a tough-minded and skillful lawyer and his classic lectures and writings on the judicial process. From this biography emerges an estimable figure holding to concepts of duty and responsibility, but a person not without frailties and prejudice.
Author: John Fabian Witt
Publisher: Harvard University Press
ISBN: 0674045270
Category : Law
Languages : en
Pages : 322
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Book Description
In the five decades after the Civil War, the United States witnessed a profusion of legal institutions designed to cope with the nation’s exceptionally acute industrial accident crisis. Jurists elaborated the common law of torts. Workingmen’s organizations founded a widespread system of cooperative insurance. Leading employers instituted welfare-capitalist accident relief funds. And social reformers advocated compulsory insurance such as workmen’s compensation. John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labor. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labor to the categories of insurance and risk. In this eclectic moment at the beginnings of the modern state, Witt describes American accident law as a contingent set of institutions that might plausibly have developed along a number of historical paths. In turn, he suggests, the making of American accident law is the story of the equally contingent remaking of our accidental republic.
Author: Michael Kent Curtis
Publisher: Duke University Press
ISBN: 0822381060
Category : History
Languages : en
Pages : 534
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Book Description
Modern ideas about the protection of free speech in the United States did not originate in twentieth-century Supreme Court cases, as many have thought. Free Speech, “The People’s Darling Privilege” refutes this misconception by examining popular struggles for free speech that stretch back through American history. Michael Kent Curtis focuses on struggles in which ordinary and extraordinary people, men and women, black and white, demanded and fought for freedom of speech during the period from 1791—when the Bill of Rights and its First Amendment bound only the federal government to protect free expression—to 1868, when the Fourteenth Amendment sought to extend this mandate to the states. A review chapter is also included to bring the story up to date. Curtis analyzes three crucial political struggles: the controversy that surrounded the 1798 Sedition Act, which raised the question of whether criticism of elected officials would be protected speech; the battle against slavery, which raised the question of whether Americans would be free to criticize a great moral, social, and political evil; and the controversy over anti-war speech during the Civil War. Many speech issues raised by these controversies were ultimately decided outside the judicial arena—in Congress, in state legislatures, and, perhaps most importantly, in public discussion and debate. Curtis maintains that modern proposals for changing free speech doctrine can usefully be examined in the light of this often ignored history. This broader history shows the crucial effect that politicians, activists, ordinary citizens—and later the courts—have had on the American understanding of free speech. Filling a gap in legal history, this enlightening, richly researched historical investigation will be valuable for students and scholars of law, U.S. history, and political science, as well as for general readers interested in civil liberties and free speech.
