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In this first comprehensive history of the Tennessee Supreme Court, seven leading scholars explore the role played by the Court in the social, economic, and political life of the state. Charting the evolution and organization of the Court (and its predecessor, the Superior Court of Law and Equity), the authors also assess the work of the Court within the larger context of the legal history of the South. Arranged chronologically, this volume covers the period from statehood in 1796 through the judicial election of 1998 and traces the range of contentious issues the Court has faced, including slavery, Reconstruction, economic rights, the regulation of business, and race and gender relations. The authors also outline the Court's relationship with the Supreme Court of the United States and chronicle the achievements of the Court in public and private law, state constitutional law, property law, criminal justice, and family law. The central themes that emerge include the nature of federalism, the search for judicial independence, and the practice of judicial review. As the authors demonstrate, the work of the Tennessee Supreme Court highlights the importance of state courts to the federal system and illuminates the interplay between regionalism and national norms in shaping a state's legal culture. Indeed, as mediator of conflicts between traditional southern values and national economic and social trends, the Court has generally, if sometimes belatedly, adopted national legal standards. Further, while the Court has tended to defer to the state's legislative decision-making process, it has on occasion assumed a more activist role in order to assert individual rights for Tennessee's citizens. Sponsored by the Tennessee Supreme Court Historical Society, this book is written for anyone interested in Tennessee history in general or legal history in particular. Appendixes include a comprehensive table of cases and biographical information about all the Court's judges. The Editor: James W. Ely Jr. is Milton R. Underwood Professor of Law and professor of history at Vanderbilt University. His books include The Chief Justiceship of Melville W. Fuller, 1888-1910 and The Guardian of Every Other Right: A Constitutional History of Property Rights. He is also the series editor of the six-volume Property Rights in American History.
Two-term governor of Tennessee Bill Haslam reveals how faith--too often divisive and contentious--can be a redemptive and unifying presence in the public square. As a former mayor and governor, Bill Haslam has long been at the center of politics and policy on local, state, and federal levels. And he has consistently been guided by his faith, which influenced his actions on issues ranging from capital punishment to pardons, health care to abortion, welfare to free college tuition. Yet the place of faith in public life has been hotly debated since our nation's founding, and the relationship of church and state remains contentious to this day--and for good reason. Too often, Bill Haslam argues, Christians end up shaping their faith to fit their politics rather than forming their politics to their faith. They seem to forget their calling is to be used by God in service of others rather than to use God to reach their own desires and ends. Faithful Presence calls for a different way. Drawing upon his years of public service, Haslam casts a remarkable vision for the redemptive role of faith in politics while examining some of the most complex issues of our time, including: partisanship in our divided era; the most essential character trait for a public servant; how we cannot escape "legislating morality"; the answer to perpetual outrage; and how to think about the separation of church and state. For Christians ready to be salt and light, as well as for those of a different faith or no faith at all, Faithful Presence argues that faith can be a redemptive, healing presence in the public square--as it must be, if our nation is to flourish.
A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court featuring a forward by Howard Zinn Recent changes in the Supreme Court have placed the venerable institution at the forefront of current affairs, making this comprehensive and engaging work as timely as ever. In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn. "A sophisticated narrative history of the Supreme Court . . . [Irons] breathes abundant life into old documents and reminds readers that today's fiercest arguments about rights are the continuation of the endless American conversation." -Publisher's Weekly (starred review)
In Edward Terry Sanford: A Tennessean on the U.S. Supreme Court, Stephanie Slater uncovers the life and work of Edward Terry Sanford (1865-1930), the only Supreme Court justice who obtained his undergraduate degree from the University of Tennessee. Born and raised in Knoxville, Sanford served as an associate justice on the United States Supreme Court from 1923 until his death in 1930. He was one of only six Tennesseans to serve on the nation's highest Court. Slater's delineation of Sanford's contributions to the legal profession illuminates one of Tennessee's favorite sons whose story had, until now, been largely left in the dark. Slater frames Sanford's personality and jurisprudence in a post-Civil War and Taft-era context, one that helps readers better understand both the man and his contributions to the Supreme Court. From Slater's important work we learn about Sanford's early upbringing, the lasting impression a largely pro-Union East Tennessee would leave upon Sanford, his rise from a skilled lawyer to federal judge during the rapid industrialization of Knoxville and the surrounding area, and his eventual appointment to the Supreme Court. Within Sanford's rich legacy is the pivotal role he played in writing the majority opinion in the landmark 1925 case, Gitlow v. New York, a decision which became a critical legal precedent for the expansion of civil rights and civil liberties in the 1950s and 1960s. Slater provides a keen look into the life of a Knoxville native whose life and career may now be appreciated and studied by a new generation. Sanford, his character, and his life as a Tennessean on the Supreme Court are sure to intrigue legal scholars, students of Tennessee culture and history, and general audiences alike.
A look at a 1906 Supreme Court decision that transformed justice in America examines the case of Ed Johnson, an African American man accused of raping a white woman, his lynching, and the response of the Supreme Court.
First published in 1954, this indispensable reference quickly became the gold standard for concise summaries of important U.S. Supreme Court cases. The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 15th edition has been extensively revised to ensure that it remains the most up-to-date resource available. An essential resource for law students, lawyers, and everyone interested in our nation's Constitution and the Supreme Court decisions that explicate it.
The former Supreme Court justice shares stories about the history and evolution of the Supreme Court that traces the roles of key contributors while sharing the events behind important transformations.
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
This imposing volume covers almost all primary sources pertaining to Connecticut men in the Revolution which were still extant at the time of the book's original publication in 1889, including original minutes of the General Assembly and Governor's office, original rolls, pay rolls, accounts, diaries, maps, the papers of George Washington and Connecticut Revolutionary governor John Trumbull, and numerous other collections both privately and publicly held.