Without Precedent

Without Precedent PDF Author: Joel Richard Paul
Publisher: Penguin
ISBN: 0525533281
Category : Biography & Autobiography
Languages : en
Pages : 514

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Book Description
From the author of Unlikely Allies and Indivisible comes the remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States—the longest-serving in history—he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman⁠—born in Virginia in 1755 and with little formal education—invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.

Without Precedent

Without Precedent PDF Author: Joel Richard Paul
Publisher: Penguin
ISBN: 0525533281
Category : Biography & Autobiography
Languages : en
Pages : 514

Get Book Here

Book Description
From the author of Unlikely Allies and Indivisible comes the remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States—the longest-serving in history—he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman⁠—born in Virginia in 1755 and with little formal education—invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.

Without Precedent

Without Precedent PDF Author: Anna R. Hayes
Publisher: Univ of North Carolina Press
ISBN: 0807887811
Category : Biography & Autobiography
Languages : en
Pages : 576

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Book Description
The first woman judge in the state of North Carolina and the first woman in the United States to be elected chief justice of a state supreme court, Susie Marshall Sharp (1907-1996) broke new ground for women in the legal profession. When she retired in 1979, she left a legacy burnished by her tireless pursuit of lucidity in the law, honesty in judges, and humane conditions in prisons. Anna Hayes presents Sharp's career as an attorney, distinguished judge, and politician within the context of the social mores, the legal profession, and the political battles of her day, illuminated by a careful and revealing examination of Sharp's family background, private life, and personality. Judge Sharp was viewed by contemporaries as the quintessential spinster, who had sacrificed marriage and family life for a successful career. The letters and journals she wrote throughout her life, however, reveal that Sharp led a rich private life in which her love affairs occupied a major place, unsuspected by the public or even her closest friends and family. With unrestricted access to Sharp's abundant journals, papers, and notes, Anna Hayes uncovers the story of a brilliant woman who transcended the limits of her times, who opened the way for women who followed her, and who improved the quality of justice for the citizens of her state. Without Precedent also tells the story of a complicated woman, at once deeply conservative and startlingly modern, whose intriguing self-contradictions reflect the complexity of human nature.

Without Precedent

Without Precedent PDF Author: Thomas H. Kean
Publisher: Vintage
ISBN: 0307276635
Category : Political Science
Languages : en
Pages : 402

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Book Description
The untold story of how the 9/11 Commission overcame partisanship and bureaucracy to produce its acclaimed report. From the beginning, the 9/11 Commission found itself facing obstacles — the Bush administration blocked its existence for months, the first co-chairs resigned right away, the budget was limited, and a polarized Washington was suspicious of its every request. Yet despite these long odds, the Commission produced a bestselling report unanimously hailed for its objectivity, along with a set of recommendations that led to the most significant reform of America’s national security agencies in decades. This is a riveting insider’s account of Washington at its worst — and its best.

Without Precedent

Without Precedent PDF Author: J. D. Trafford
Publisher: Thomas & Mercer
ISBN: 9781542040327
Category : Fiction
Languages : en
Pages : 0

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Book Description
How much would you give up to get justice for your family? Matthew Daley is a Manhattan corporate lawyer at the top of his game. As the first defense attorney on call to get pharmaceutical companies out of trouble, Matt is rising in the judicial system exactly as he planned. Until his sister dies of a heroin overdose. Now, torn between conscience and career, the newly minted law partner faces a critical choice: defend the very companies that manufactured the addictive drugs, or give up his fiancée and his hard-won dream job to fight for justice in his sister's name. Returning to his blue-collar hometown with a ragtag band of law-school misfits by his side, Matt squares off against a team of New York corporate attorneys in a high-stakes courtroom battle. If he wins, the case could have national implications, bringing down the multibillion-dollar Big Pharma industry. If he loses, he'll become collateral damage in the greatest fall of his career and his life.

Settled Versus Right

Settled Versus Right PDF Author: Randy J. Kozel
Publisher: Cambridge University Press
ISBN: 110712753X
Category : Law
Languages : en
Pages : 191

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Book Description
This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Without Precedent

Without Precedent PDF Author: Owen Zupp
Publisher:
ISBN: 9780987495488
Category : Biography & Autobiography
Languages : en
Pages : 370

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Book Description
'Without Precedent' recounts the life of commando and fighter pilot, Phillip Zupp. During WW2, he saw combat in New Guinea before patrolling Hiroshima post-war. Then, in Korea, Phillip flew 201 sorties amid intense ground fire. Peace brought a career that spanned the globe and the story of the Purple Heart that lay dormant. Until now.

The Politics of Precedent on the U.S. Supreme Court

The Politics of Precedent on the U.S. Supreme Court PDF Author: Thomas G. Hansford
Publisher: Princeton University Press
ISBN: 0691188041
Category : Law
Languages : en
Pages : 170

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Book Description
The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.

The Law of Judicial Precedent

The Law of Judicial Precedent PDF Author: Bryan A. Garner
Publisher:
ISBN: 9780314634207
Category : Judicial process
Languages : en
Pages : 0

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Book Description
The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.

Interpretation without Truth

Interpretation without Truth PDF Author: Pierluigi Chiassoni
Publisher: Springer
ISBN: 3030155900
Category : Law
Languages : en
Pages : 284

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Book Description
This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.

Unlikely Allies

Unlikely Allies PDF Author: Joel Richard Paul
Publisher: Penguin
ISBN: 110115103X
Category : Biography & Autobiography
Languages : en
Pages : 366

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Book Description
From the author of Without Precedent and Indivisible, the gripping true story of how three men used espionage, betrayal, and sexual deception to help win the American Revolution. Unlikely Allies is the story of three remarkable historical figures. Silas Deane was a Connecticut merchant and delegate to the Continental Congress as the American colonies struggled to break with England. Caron de Beaumarchais was a successful playwright who wrote The Barber of Seville and The Marriage of Figaro. And the flamboyant and mysterious Chevalier d'Éon⁠—officer, diplomat, and sometime spy⁠—was the talk of London and Paris. Is the Chevalier a man or a woman? When Deane is sent to France to convince the French government to support the revolutionary cause, he enlists the help of Beaumarchais. Together, they successfully smuggle weapons, ammunition, and supplies to New England just in time for the crucial Battle of Saratoga, which turned the tide of the American Revolution. And the catalyst for Louis XVI's support of the Americans against England was the Chevalier d'Éon, whose decision to declare herself a woman helped to lead to the Franco-American alliance. These three people spin a fascinating web of political intrigue and international politics that stretches across oceans as they ricochet from Versailles to Georgian London to the Pennsylvania State House (now Independence Hall) in Philadelphia. Each man has his own reasons for wanting to see America triumph over the British, and each contends daily with the certainty that no one is what they seem. The line between friends and enemies is blurred, spies lurk in every corner, and the only way to survive is to trust no one. An edge-of-your-seat story full of fascinating characters and lavish with period detail and sense of place, Unlikely Allies is Revolutionary history in all of its juicy, lurid glory.