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Kentucky Judgeships

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery

Published: 1974

Total Pages: 48


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When attorney John Jay Cornelison severely beat Kentucky Superior Court judge Richard Reid in public on April 16, 1884, for allegedly injuring his honor, the event became front-page news. Would Reid react as a Christian gentleman, a man of the law, and let the legal system take its course, or would he follow the manly dictates of the code of honor and challenge his assailant? James C. Klotter crafts a detective story, using historical, medical, legal, and psychological clues to piece together answers to the tragedy that followed. “This book is a gem. . . . Klotter’s astute organization and gripping narrative add to the book’s appeal. . . . [He] has written a fascinating book that will be of interest to a wide audience.” —American Historical Review “A moving story well told, it does force the reader to reflect on our own era and consider whether we value leaders who respect the rule of law or those who believe that honor demands swift and bloody vengeance no matter the costs.” —Ohio Valley History “A rich and compelling work that offers fresh insights into the tense interplay among religion, law, and honor in the American South.” —Register of the Kentucky Historical Society
"In Electing Judges, James L. Gibson responds to the growing chorus of critics who fear that the politics of running for office undermine judicial independence. While many people have opinions on the topic, few have supported them with empirical evidence. Gibson rectifies this situation, offering the most systematic study to date of the impact of campaigns on public perceptions of fairness, impartiality, and the legitimacy of elected state courts-and his findings are both counterintuitive and controversial"--Page [four] of cover.
The little understood yet great power of impeachment lodged in the Congress is dissected in this text through history by Raoul Berger, a leading scholar on the subject. He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside office, and on whether impeachment must precede indictment. Berger also finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St Clair.
Judge Mac Swinford was one of the longest-serving federal judges in United States history. During his lengthy tenure in the Kentucky courts, he came to know and appreciate the deep complexity of the law, understanding that it could be solid and fluid, broad and narrow, kind and harsh, changeless yet always evolving. In this service to the state and to the law, he felt that it was often his fellow lawyers who touched and educated him most. Kentucky Lawyer presents the most humorous, enlightening, and poignant moments of a remarkable fifty-year career. Judge Swinford offers a unique Kentucky history, recounting instances of the drama and romance of the Kentucky bar. In “A Kentucky Ghost Story,” he takes readers to the banks of Crooked Creek in Harrison County, where the spirit of a wrongfully accused man still affects judicial decisions. “Cost of Love” recalls a trial in Carlisle County in which a scorned lover files suit against her ex-fiancé for breach of promise, claiming ten thousand dollars for a broken heart. Remembering some of Kentucky’s most revered and respected jurists, Judge Swinford relates American culture in its most intimate and significant sense, through the acts and expressions of local leaders in the everyday affairs of life. His stories of humble commitment highlight the lives of men such as Henry Clay, Lieutenant Governor Rodes K. Myers, and Senator Joe C.S. Blackburn, who championed unpopular cases and stood on the forefront of government and community affairs. Kentucky Lawyer pays tribute to some of Kentucky’s “truly great men,” with the hope that legend will preserve them for us in memory. Now back in print, this classic book illuminates the varied work and world of the twentieth-century lawyer with elegance and humor.
During the early 1990s, the diet drugs fen-phen and Redux achieved tremendous popularity. The chemical combination was discovered by chance, marketed with hyperbole, and prescribed to millions. But as the drugs' developer, pharmaceutical giant American Home Products, cashed in on the miracle weight-loss pills, medical researchers revealed that the drugs caused heart valve disease. This scandal was, incredibly, only the beginning of an unbelievable saga of greed. In Fat Chance, Rick Christman recounts a story that a judicial tribunal later described as "a tale worthy of the pen of Charles Dickens." Bill Gallion, Shirley Cunningham, and Melbourne Mills contrived to bring a class-action lawsuit against American Home Products in Covington, Kentucky. Their hired trial consultant, Mark Modlin, had a bizarre relationship with the presiding judge, Jay Bamberger of Covington, who was once honored as the Kentucky Bar Association's "Judge of the Year." Soon after, Stan Chesley, arguably the most successful trial attorney in the United States, joined the class-action suit. Ultimately, their efforts were rewarded with $200 million for the 431 plaintiffs, and the four lawyers immediately began to plunder their clients' money. When the fraud was discovered, two of the attorneys received long prison sentences and another was acquitted after claiming an alcoholism defense. All four were permanently banished from the practice of law and Judge Bamberger was disbarred and disrobed. Recounting a dramatic affair that bears conspicuous similarities to opioid-related class-action litigation against the pharmaceutical industry, Christman offers an engaging, if occasionally horrifying, account of one of America's most prominent product liability cases and the settlement's aftermath.
Harlan. Known today to every student of constitutional law, principally for his dissenting opinions in early racial discrimination cases, Harlan was an important actor in every major public issue that came before the Supreme Court during his thirty-three-year tenure. Named by a hopeful father for Chief Justice John Marshall, Harlan began his career as a member of the Kentucky Whig slavocracy. Loren Beth traces the young lawyer's development from these early years through the secession crisis and Civil War, when Harlan remained loyal to the Union, both as a politician and as a soldier. As Beth demonstrates, Harlan gradually shifted during these years to an antislavery Republicanism that still emphasized his adherence to the Whig principles of Unionism and national power as against states' rights. Harlan's Supreme Court career (1877-1911) was characterized by his fundamental disagreement with nearly every judicial colleague of his day. His ultimate stance -- as the Great Dissenter, the champion of civil rights, the upholder of the powers of Congress -- emerges as the logical outgrowth of his pre-Court life. Harlan's significance for today's reader is underlined by the Supreme Court's adoption, beginning in the 1930s, of most of his positions on the Fourteenth Amendment and the Commerce Clause of the Constitution. This fine biography is also an important contribution to constitutional history. Historians, political scientists, and legal scholars will come from its pages with renewed appreciation for one of our judicial giants.
Committee Serial No. 6.