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Originally published in 1970. This is a study of one of the most highly respected tribunals in the history of the English-speaking world—the United States Court of Appeals for the Second Circuit. Situated in Manhattan, the Second Circuit Court, serving New York, Connecticut, and Vermont, is the most important commercial court in the country. But, like other inferior courts, it has never been studied in depth. Marvin Schick provides a comprehensive analysis. From 1941 to 1951, Learned Hand presided over the Second Circuit as chief judge, and the court bore his stamp. But on its bench sat other men of great competence, judges Thomas W. Swan, August N. Hand, and Harrie B. Chase, as well as Charles E. Clark and Jerome N. Frank, whose constant disagreement characterized much of the court's work. Schick studies the Second Circuit Court from several angles: historical, biographical, behavioral, and case analytical. He tells a history of the court from its origins in 1789. He provides biographical sketches of the six judges who sat during Learned Hand's tenure as chief judge. He analyzes the many decisions handed down by the court, including the precedent setters. He examines the court's decision-making process, especially its unique procedures such as the memorandum system, which requires from the judges "preliminary opinions" in the cases they hear. A novel feature of this book is the correlation of votes of the Second Circuit judges with subsequent decisions of the Supreme Court. Schick was aided in his study by having access to the private papers of Judge Clark. These thousands of memoranda and letters throw much light on the workings of the Second Circuit Court and reveal the bargaining that went on among the judges in difficult cases. The Clark papers make possible a clearer understanding of the incessant conflict between Clark and Frank and show how this unusual relationship gave vitality to the Second Circuit.
Previous edition, 1st, published in 1994.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Learned Hand, by general consent, is one of the most distinguished living Americans. It seemed to Irving Dillard, editor of the editorial page of the St. Louis Post-Dispatch (1949-57), that Judge Hand's non-legal addresses and papers ought to be available in volume form -- and this book is the result. Here, in speeches and articles covering a time-span of sixty-five years, is one of the truly liberal, incisive, and human voices of American life. On such subjects as justice, tolerance, democracy, liberty; on such men as Holmes, Brandeis, Cardozo, Stone, and Hughes; on the preservation of personality, the existence of a common will, the meaning of Americanism -- Judge Hand's living words are creative words with profound and enduring significance. Irving Dillard has supplied an Introduction that is a tribute to Learned Hand, and has prefaced each one of the forty-one addresses and papers with an informative note. The Spirit of Liberty is a heartening book for all Americans.
Now available in a newly revised and updated second edition, this highly-acclaimed volume presents a series of portraits of the most famous appellate judges in American history from John Marshall to the Burger court. G. Edward White traces the American judicial tradition through sketches of the careers and contributions of such significant judges as John Marshall, Joseph Story, Roger Taney, Stephen Field, Oliver Wendell Holmes, Louis Brandeis, Charles Evans Hughes, Felix Frankfurter, Hugo Black, Earl Warren, William Brennan, and Sandra Day O'Connor. This expanded edition contains a new preface, an updated bibliographical note, and two new chapters, one on Justice William O. Douglas and one on the Burger Court.
The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Examines the ways in which the Supreme Court has dealt with obscenity. Chronological chapters featuring a specific aspect of the constitutional problem and the solutions espoused by a particular justice relate each decision to the temper of the times and the guarantees of the First and Fourth Amendments. Concludes that private collection of pornographic material should be restricted only by time and place. Annotation copyright by Book News, Inc., Portland, OR
This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.
Inspiring and instructive biographies of the 100 most influential judges from state and federal courts in one easy-to-access volume. Great American Judges profiles 100 outstanding judges and justices in a full sweep of U.S. history. Chosen by lawyers, historians, and political scientists, these men and women laid the foundation of U.S. law. A complement to Great American Lawyers, together these two volumes create a complete picture of our nation's top legal minds from colonial times to today. Following an introduction on the role of judges in American history are A–Z biographical entries portraying this diverse group from extraordinarily different backgrounds. Students and history enthusiasts will appreciate the accomplishments of these role models and the connections between their inspiring lives and their far-reaching legal decisions. William Rehnquist, Oliver Wendell Holmes, Jr., and 12 other Supreme Court justices are found alongside federal judges like Skelly Wright, who ordered school desegregation in 1960. Influential state judges such as Rose Elizabeth Bird, California's first woman Supreme Court Chief Justice, are also featured.
Covering the key concepts, events, laws and legal doctrines, court decisions, and litigators and litigants, this new reference on the law of search and seizure—in the physical as well as the online world—provides a unique overview for individuals seeking to understand the Fourth Amendment to the U.S. Constitution. More than 900 A to Z entries cover the key issues that surround this essential component of the Bill of Rights and the linchpin of a right to privacy. This two-volume reference—from the editors of CQ Press’s award-winning Encyclopedia of the First Amendment—features a series of essays that examine the historical background of the Fourth Amendment along with its key facets relating to: Technology Privacy Terrorism Warrant requirement Congress States A to Z entries include cross-references and bibliographic entries. This work also features both alphabetical and topical tables of contents as well as a comprehensive subject index and a case index.At a time when threats of crime and terrorism have resulted in increased governmental surveillance into personal lives, this work will serve as an important asset for researchers seeking information on the history and relevance of legal rights against such intrusions. Key Features: More than 900 signed entries, including 600 court cases and 100 biographies Preface by noted journalist Nat Hentoff From the editors of CQ Press’s award-winning Encyclopedia of the First Amendment