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"This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box
In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.
The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.
A recognized, fascinating, and much-cited classic of judicial biography and Supreme Court insight is now available in a quality ebook edition—featuring active contents, linked notes, proper formatting, and a fully-linked Index. Felix Frankfurter was perhaps the most influential jurist of the 20th century—and one of the most complex men ever to sit on the U.S. Supreme Court. Mysteries and apparent contradictions abound. A vibrant and charming friend to many, why are his diaries so full of vitriol against judicial colleagues, especially Douglas and Black? An active Zionist, why did he so zealously enjoy the company of Boston Brahmins, whose snobbery he detested? Most puzzling of all: why did someone known before his appointment to the Court as a civil libertarian—even a radical—become our most famous and persistent advocate for austere judicial restraint? In answering these and other questions, this pathbreaking biography of Frankfurter explores the personality of the man as a key to understanding the Justice. Harry Hirsch sees in Frankfurter's fascinating and complex persona a clue to the biggest mystery of all: the contrast between the brilliant and ambitious young immigrant rising by his intellect and charm to leadership in U.S. academic and political life; and the judge, equally brilliant, but increasingly isolated, embittered, and ineffective. "Hirsch's well-written book ... dispels the contradictory image that has long mystified students of Felix Frankfurter. His portrait is unvarnished, yet scrupulously fair. Revealed is a consummate manipulator of public men and policy. No future biographer can safely ignore the brilliant biographical work." — Alpheus Thomas Mason, Princeton University "Hirsch's carefully constructed and supported psychological analysis of Justice Frankfurter gives us an exciting look at the inner workings of the Supreme Court." — Martin Shapiro, University of California, Berkeley A new addition to the Legal History & Biography Series from Quid Pro Books. This is an authorized and unabridged digital republication of the acclaimed book first published by Basic Books.
In 1938, a year before he was called to the Supreme Court of the United States, Professor Frankfurter delivered three lectures at Harvard on Mr. Justice Holmes which conveyed with sympathetic insight Holmes's constitutional philosophy. He also wrote a remarkably sensitive biographical notice of Holmes for the Dictionary of American Biography. This book brings these works into one volume. -- from Foreword.
The definitive biography of Felix Frankfurter, Supreme Court justice and champion of twentieth-century American liberal democracy. The conventional wisdom about Felix Frankfurter—Harvard law professor and Supreme Court justice—is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court’s principal villain. And yet none of these characterizations rings true. A pro-government, pro-civil rights liberal who rejected shifting political labels, Frankfurter advocated for judicial restraint—he believed that people should seek change not from the courts but through the democratic political process. Indeed, he knew American presidents from Theodore Roosevelt to Lyndon Johnson, advised Franklin Roosevelt, and inspired his students and law clerks to enter government service. Organized around presidential administrations and major political and world events, this definitive biography chronicles Frankfurter’s impact on American life. As a young government lawyer, he befriended Theodore Roosevelt, Louis Brandeis, and Holmes. As a Harvard law professor, he earned fame as a civil libertarian, Zionist, and New Deal power broker. As a justice, he hired the first African American law clerk and helped the Court achieve unanimity in outlawing racially segregated schools in Brown v. Board of Education. In this sweeping narrative, Brad Snyder offers a full and fascinating portrait of the remarkable life and legacy of a long misunderstood American figure. This is the biography of an Austrian Jewish immigrant who arrived in the United States at age eleven speaking not a word of English, who by age twenty-six befriended former president Theodore Roosevelt, and who by age fifty was one of Franklin Roosevelt’s most trusted advisers. It is the story of a man devoted to democratic ideals, a natural orator and often overbearing justice, whose passion allowed him to amass highly influential friends and helped create the liberal establishment.
Product Details: Format: Hardcover/eBook Pages: 302 pages Publisher: Eastern Book Company Language: english ISBN: 9789350286753 Dimensions: 24.3 CM X 3 CM X 16 CM Shipping Weight: 0.58 Publisher Code: AB/675 EBC Reader Version: The above eBook is available only on the EBC Reader App, download the free application on the Apple iPad. Click above for more details. Table Of Contents: Table of Cases Introduction 1. Introduction 2. Meaning of Substantive Due Process 3. Due Process of Law and the Constituent Assembly of India 4. The Early Year 5. The Birth of Procedural Due Process 6. Substantive Due Process 7. Conclusion Subject Index
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.