The Justices Of The United States Supreme Court Edward Douglass White
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Author | : Edward Lazarus |
Publisher | : U of Nebraska Press |
Total Pages | : 532 |
Release | : 1999-01-01 |
Genre | : History |
ISBN | : 9780803279872 |
Black Hills/White Justice tells of the longest active legal battle in United States history: the century-long effort by the Sioux nations to receive compensation for the seizure of the Black Hills. Edward Lazarus, son of one of the lawyers involved in the case, traces the tangled web of laws, wars, and treaties that led to the wresting of the Black Hills from the Sioux and their subsequent efforts to receive compensation for the loss. His account covers the Sioux nations? success in winning the largest financial award ever offered to an Indian tribe and their decision to turn it down and demand nothing less than the return of the land.
Author | : G. Edward White |
Publisher | : Harvard University Press |
Total Pages | : 398 |
Release | : 2000-12-15 |
Genre | : History |
ISBN | : 0674003411 |
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 | : Walter F. Pratt |
Publisher | : Univ of South Carolina Press |
Total Pages | : 340 |
Release | : 1999 |
Genre | : Biography & Autobiography |
ISBN | : 9781570033094 |
This volume chronicles a transformation in American jurisprudence that mirrored the widespread political, economic and social upheavals of the early 20th century. White's tenure coincided with a shift from a rural to an urban society and the emergence of the US as a world power.
Author | : Randy E. Barnett |
Publisher | : Aspen Publishing |
Total Pages | : 473 |
Release | : 2022-11-08 |
Genre | : Law |
ISBN | : |
An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Author | : Robert B. Highsaw |
Publisher | : LSU Press |
Total Pages | : 240 |
Release | : 1999-03-01 |
Genre | : History |
ISBN | : 9780807124284 |
Elite, personable, and persuasive, Edward Douglass White, a ‘‘large and bearish man from Louisiana,’’ served on the United States Supreme Court for twenty-seven years. During his tenure, first as an associate justice (1894–1910) and then as the ninth chief justice (1910–1921), White significantly influenced American public law. Robert Highsaw’ s extensive judicial biography stresses White’s constitutional thought and philosophy. Several chapters discuss his early years in Louisiana, his training in Jesuit schools there and at Georgetown University, and his early legal career in New Orleans. The emphasis, however, remains on White’s theories and applications of the judicial and constitutional processes. Edward Douglass White “1ooked upon the American constitutional system as a model for a well-ordered society that must be preserved.” White’s concept of a federal system in which the national and state governments each operated within a defined sphere of powers underlay many of his opinions. White considered farm issues that developed after the closing of the western frontier, economic issues precipitated by a growing laboring class, and tense political issues of civil liberties that emerged during World War I. He played an important part in developing administrative law and was, perhaps, most responsible for strengthening dual federalism of commerce and taxing powers. His pragmatism, evidenced in the Insular cases where his doctrine of “incorporated” and “unincorporated” territories, synthesized American constitutional law with the political reality of American imperialism. White was a conservative, but unlike the conservative justices of the 1920s and 1930s whose intransigence produced the judicial revolution of 1937, he saw that injury to the Constitution might result from its consistent use as a barrier to social progress. Significantly, Edward Douglass White demonstrates that “the judicial revolution of 1937 and the ensuing decades of the Court’s history are meaningless unless we know what happened fifty or so years earlier.”
Author | : Albert W. Alschuler |
Publisher | : University of Chicago Press |
Total Pages | : 340 |
Release | : 2000 |
Genre | : Biography & Autobiography |
ISBN | : 9780226015217 |
Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.
Author | : G. Edward White |
Publisher | : Oxford University Press |
Total Pages | : 158 |
Release | : 2000-01-20 |
Genre | : Biography & Autobiography |
ISBN | : 0195116674 |
An influential justice who refused to bow to politics and devoted his keen mind to the U.S. Supreme Court until the age of 90, Oliver Wendell Holmes (1841-1935) helped formulate some of the most progressive judicial thought in 20th-century American history. G. Edward White first sketches Holmes's early years-his childhood in Boston, undergraduate years at Harvard, and his valiant service in the Civil War, during which he was severely wounded three times. After the war, Holmes went into private law practice, wrote his landmark treatise The Common Law in 1881, had a short tenure on the Harvard Law School faculty, and spent 20 years as a judge on the Supreme Judicial Court of Massachusetts before being named to the U.S. Supreme Court. The author focuses on his remarkable 30-year service as a Supreme Court Justice, beginning in 1902, and details Holmes's most significant cases--Abrams v. United States, Northern Securities Co. v. United States, Lochner v. New York, Schenck v. United States, and others--which limited working hours, set a mandatory minimum wage, protected women's rights, legalized labor unions, and defined freedom of speech.OXFORD PORTRAITS are informative and insightful biographies of people whose lives shaped their times and continue to influence ours. Based on the most recent scholarship, they draw heavily on primary sources, including writings by and about their subjects. Each book is illustrated with a wealth of photographs, documents, and memorabilia, framing the personality and achievements of its subject against the backdrop of history.
Author | : the late Bernard Schwartz |
Publisher | : Oxford University Press |
Total Pages | : 477 |
Release | : 1995-02-23 |
Genre | : Law |
ISBN | : 0199840555 |
When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
Author | : Rebecca S. Shoemaker |
Publisher | : Bloomsbury Publishing USA |
Total Pages | : 328 |
Release | : 2004-04-05 |
Genre | : Law |
ISBN | : 1576079740 |
An in-depth examination of the U.S. Supreme Court under the 11-year reign of Chief Justice Edward Douglass White. The White Court: Justices, Rulings, and Legacy examines the workings and legacies of the Supreme Court during the tenure of Chief Justice Edward Douglass White. Through detailed discussions of landmark cases, this reference work explores the role the Court played in steering the country through an era of economic growth, racial discrimination, and international warfare. The White Court reveals how the Court established its greatest legacy, the "rule of reason," in antitrust cases against the American Tobacco Company and Standard Oil, and how it resolved controversies concerning the expansion of executive power during wartime. Individual profiles of the 13 White Court justices describe their rise to prominence and controversies surrounding their nominations, their work on the Court, judicial philosophies, important decisions, and overall impact.
Author | : William G. Ross |
Publisher | : Univ of South Carolina Press |
Total Pages | : 316 |
Release | : 2007 |
Genre | : Biography & Autobiography |
ISBN | : 9781570036798 |
During the 1930s the U.S. Supreme Court abandoned its longtime function as an arbiter of economic regulation and assumed its modern role as a guardian of personal liberties. William G. Ross analyzes this turbulent period of constitutional transition and the leadership of one of its central participants in The Chief Justiceship of Charles Evans Hughes, 1930-1941. Tapping into a broad array of primary and secondary sources, Ross explores the complex interaction between the court and the political, economic, and cultural forces that transformed the nation during the Great Depression. Written with an appreciation for both the legal and historical contexts, this comprehensive volume explores how the Hughes Court removed constitutional impediments to the development of the administrative state by relaxing restrictions previously invoked to nullify federal and state economic regulatory legislation. Ross maps the expansion of safeguards for freedoms of speech, press, and religion and the extension of rights of criminal defendants and racial minorities. of African Americans helped to lay the legal foundations for the civil rights movement. Throughout his study Ross emphasizes how Chief Justice Hughes' brilliant administrative abilities and political acumen helped to preserve the Court's power and prestige during a period when the body's rulings were viewed as intensely controversial. Ross concludes that on balance the Hughes Court's decisions were more evolutionary than revolutionary but that the court also reflected the influence of the social changes of the era, especially after the appointment of justices who espoused the New Deal values of President Franklin Delano Roosevelt.