The Case of Dred Scott in the United States Supreme Court: The Full Opinions, States Supreme Court Roger Brooke Taney

Автор: Grant
Название: Oliver Wendell Holmes, Jr.
ISBN: 0415656532 ISBN-13(EAN): 9780415656535
Издательство: Taylor&Francis
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Oliver Wendell Holmes, Jr., was one of the most influential jurists of his time. From the antebellum era and the Civil War through the First World War and into the New Deal years, Holmes' long life and career as a Supreme Court Justice spanned an eventful period of American history, as the country went from an agrarian republic to an industrialized world power.

Автор: Lee R. Alton
Название: Sunflower Justice: A New History of the Kansas Supreme Court
ISBN: 0803248415 ISBN-13(EAN): 9780803248410
Издательство: Wiley EDC
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Until recently, American legal historiography focused almost solely on national government. Although much of Kansas law reflects U.S. law, the state court’s arbitrary powers over labor-management conflicts, yellow dog contracts, civil rights, gender issues, and domestic relations set precedents that reverberated around the country. Sunflower Justice is a pioneering work that presents the history of a state through the use of its supreme court decisions as evidence.

R. Alton Lee traces Kansas’s legal history through 150 years of records, shedding light on the state’s political, economic, and social history in this groundbreaking overview of Kansas legal cases and judicial biographies. Beginning with the territorial justices and continuing through the late twentieth century, R. Alton Lee covers the dispossession of Native Americans’ land, the growth and impact of labor unions, antimonopoly cases against railroad and mining companies, a nine-year state ban on the movie Birth of a Nation, and implications and effects of desegregation, as well as the shooting of Dr. George Tiller for performing legal abortions. Because judicial decisions are not made in a vacuum, Lee presents each of the justices in the context of the era and their personal experiences before examining how their decisions shaped Kansas political, economic, social, and legal history.

Автор: Lucas A. Powe
Название: The Supreme Court and the American Elite, 1789-2020
ISBN: 0700632808 ISBN-13(EAN): 9780700632800
Издательство: Mare Nostrum (Eurospan)
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Описание: The Supreme Court and the American Elite, 1789–2020, Expanded Second Edition is a history of the Court placed within the context of a broader history of the United States and its politics. In contrast to a typical book on US history, where the Supreme Court appears, if at all, as an interruption here and there, or, in a typical history of the Supreme Court, where political events intrude occasionally, Lucas A. Powe, Jr., situates the Court and its work into a broad narrative of American history. Powe places the Court within the context of history and the insights of political science while remaining true to the ways the justices perceived their own work. Instead of viewing the Court as a competitor with the other two branches of government (although occasionally it is), Powe views it as a part of a ruling regime doing its part to implement the regime's policies. Some of its most historically controversial decisions are far less so when set within the politics of the time. Justices are, after all, as subject to the same economic, social, and intellectual currents as other upper-middle-class professional elites.The book’s dominant theme is that the Court is a majoritarian institution—that is, it identifies with and serves ruling political coalitions. The justices are for the most part in tune with their times. Relatedly, changes in personnel matter; a president able to appoint several justices can, and does, change the direction of the Court. Thus, the Court and its decisions have moved to the center of presidential politics.This new edition adds two chapters detailing the history of the Court since 2008, including how the Court has changed election law, its entrance into the healthcare controversies, expansion of LBGTQ rights, and the 2020 Census controversies. The first new chapter looks at the centrist jurisprudence of Justice Anthony Kennedy and his dominant presence as the decisive vote in a series of 5-4 decisions. The second looks at the toxic partisan political climate in the aftermath of Justice Scalia’s death and Republican control of the Court.

Автор: Kennington Kelly
Название: In the Shadow of Dred Scott: St. Louis Freedom Suits and the Legal Culture of Slavery in Antebellum America
ISBN: 0820345512 ISBN-13(EAN): 9780820345512
Издательство: Mare Nostrum (Eurospan)
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Цена: 48970.00 T
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Описание: The Dred Scott suit for freedom, argues Kelly M. Kennington, was merely the most famous example of a phenomenon that was more widespread in antebellum American jurisprudence than is generally recognized. The author draws on the case files of more than three hundred enslaved individuals who, like Dred Scott and his family, sued for freedom in the local legal arena of St. Louis. Her findings open new perspectives on the legal culture of slavery and the negotiated processes involved in freedom suits. As a gateway to the American West, a major port on both the Mississippi and Missouri Rivers, and a focal point in the rancorous national debate over slavery’s expansion, St. Louis was an ideal place for enslaved individuals to challenge the legal systems and, by extension, the social systems that held them in forced servitude.Kennington offers an in-depth look at how daily interactions, webs of relationships, and arguments presented in court shaped and reshaped legal debates and public at­titudes over slavery and freedom in St. Louis. Kennington also surveys more than eight hundred state supreme court freedom suits from around the United States to situate the St. Louis example in a broader context. Although white enslavers dominated the antebellum legal system in St. Louis and throughout the slaveholding states, that fact did not mean that the system ignored the concerns of the subordinated groups who made up the bulk of the American population. By looking at a particular example of one group’s encounters with the law―and placing these suits into conversation with similar en­counters that arose in appellate cases nationwide―Kennington sheds light on the ways in which the law responded to the demands of a variety of actors.

Автор: Kelly M. Kennington
Название: In the Shadow of Dred Scott: St. Louis Freedom Suits and the Legal Culture of Slavery in Antebellum America
ISBN: 0820345520 ISBN-13(EAN): 9780820345529
Издательство: Mare Nostrum (Eurospan)
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Цена: 25870.00 T
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Описание: The Dred Scott suit for freedom, argues Kelly M. Kennington, was merely the most famous example of a phenomenon that was more widespread in antebellum American jurisprudence than is generally recognized. The author draws on the case files of more than three hundred enslaved individuals who, like Dred Scott and his family, sued for freedom in the local legal arena of St. Louis. Her findings open new perspectives on the legal culture of slavery and the negotiated processes involved in freedom suits. As a gateway to the American West, a major port on both the Mississippi and Missouri Rivers, and a focal point in the rancorous national debate over slavery's expansion, St. Louis was an ideal place for enslaved individuals to challenge the legal systems and, by extension, the social systems that held them in forced servitude.Kennington offers an in-depth look at how daily interactions, webs of relationships, and arguments presented in court shaped and reshaped legal debates and public attitudes over slavery and freedom in St. Louis. Kennington also surveys more than eight hundred state supreme court freedom suits from around the United States to situate the St. Louis example in a broader context. Although white enslavers dominated the antebellum legal system in St. Louis and throughout the slaveholding states, that fact did not mean that the system ignored the concerns of the subordinated groups who made up the bulk of the American population. By looking at a particular example of one group's encounters with the law and placing these suits into conversation with similar encounters that arose in appellate cases nationwide Kennington sheds light on the ways in which the law responded to the demands of a variety of actors.

Автор: Konig David Thomas, Finkelman Paul, Bracey Christopher Alan
Название: The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law
ISBN: 0821419129 ISBN-13(EAN): 9780821419120
Издательство: Wiley EDC
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Цена: 29730.00 T
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Описание: In 1846, two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St Louis, Missouri. It is the first true civil rights case decided by the US Supreme Court. This title offers a collection of essays that revisits the history of the case and its aftermath in American life and law.

Автор: Vandervelde Lea
Название: Redemption Songs: Courtroom Stories of Slavery
ISBN: 0199927294 ISBN-13(EAN): 9780199927296
Издательство: Oxford Academ
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Цена: 26920.00 T
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Описание: The Dred Scott case is the most notorious example of slaves suing for freedom. Most examinations of the case focus on its notorious verdict, and the repercussions that the decision set off-especially the worsening of the sectional crisis that would eventually lead to the Civil War-were
extreme. In conventional assessment, a slave losing a lawsuit against his master seems unremarkable. But in fact, that case was just one of many freedom suits brought by slaves in the antebellum period; an example of slaves working within the confines of the U.S. legal system (and defying their
masters in the process) in an attempt to win the ultimate prize: their freedom. And until Dred Scott, the St. Louis courts adhered to the rule of law to serve justice by recognizing the legal rights of the least well-off.

For over a decade, legal scholar Lea VanderVelde has been building and examining a collection of more than 300 newly discovered freedom suits in St. Louis. In Redemption Songs, VanderVelde describes twelve of these never-before analyzed cases in close detail. Through these remarkable accounts, she
takes readers beyond the narrative of the Dred Scott case to weave a diverse tapestry of freedom suits and slave lives on the frontier. By grounding this research in St. Louis, a city defined by the Antebellum frontier, VanderVelde reveals the unique circumstances surrounding the institution of
slavery in westward expansion. Her investigation shows the enormous degree of variation among the individual litigants in the lives that lead to their decision to file suit for freedom. Although Dred Scott's loss is the most widely remembered, over 100 of the 300 St. Louis cases that went to court
resulted in the plaintiff's emancipation.

Beyond the successful outcomes, the very existence of these freedom suits helped to reshape the parameters of American slavery in the nation's expansion. Thanks to VanderVelde's thorough and original research, we can hear for the first time the vivid stories of a seemingly powerless group who chose
to use a legal system that was so often arrayed against them in their fight for freedom from slavery.

Автор: Pfister Jude M.
Название: The Creation of American Law: John Jay, Oliver Ellsworth and the 1790s Supreme Court
ISBN: 1476669082 ISBN-13(EAN): 9781476669083
Издательство: Mare Nostrum (Eurospan)
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Цена: 44350.00 T
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Описание: The development of an American Constitutional law after achieving independence eluded the Founders until the Constitutional Convention in 1787. With that event, America was set on a course to develop an unique system of law with roots deep in the English common law tradition. This new system of law, embodied in a Constitution, forever changed the course of American national development.

Автор: Grant Susan-Mary
Название: Oliver Wendell Holmes, Jr. Civil War Soldier, Supreme Court Justice
ISBN: 0415656540 ISBN-13(EAN): 9780415656542
Издательство: Taylor&Francis
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Цена: 39800.00 T
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Oliver Wendell Holmes, Jr., was one of the most influential jurists of his time. From the antebellum era and the Civil War through the First World War and into the New Deal years, Holmes' long life and career as a Supreme Court Justice spanned an eventful period of American history, as the country went from an agrarian republic to an industrialized world power.

Автор: Lynch David
Название: Role of Circuit Courts in the Formation of United States Law
ISBN: 1509910859 ISBN-13(EAN): 9781509910854
Издательство: Bloomsbury Academic
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Цена: 100320.00 T
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Описание: "Exhaustively researched and admirably argued, this book analyzes the crucial role played by the federal circuit courts in bridging the diversity of the new nation and the need to establish a unified body of national law. It also throws important new light on the internal operation of the Marshall Court. A significant contribution to our understanding of the federal court system of the early republic." Prof. R. Kent Newmyer, University of Connecticut School of Law

..". as a guide to a critical period of US history, legal as well as economic and political, and to help in understanding how the fledgling state across the Atlantic has evolved, it is compulsory reading." Law Society Gazette

While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices-Washington, Livingston, Story, and Thompson-as presiding judges of their respective circuit courts during the Marshall era in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It covers 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew, and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political, and economic issues facing the Union, and they demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and, in the case of Justices Livingston and Thompson, also during their time on the New York State Supreme Court. Subject: Legal History, US Supreme Court, History]

Автор: Peter Charles Hoffer, Williamjames Hull Hoffer, N.E.H. Hull
Название: The Supreme Court: An Essential History
ISBN: 0700626816 ISBN-13(EAN): 9780700626816
Издательство: Mare Nostrum (Eurospan)
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Цена: 56840.00 T
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Описание: For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court.The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded—or failed to respond—to the plight of the underdog. Each chapter covers the Court’s years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how—in times of war, class strife, or moral revolution—the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court’s opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them.Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court’s role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.

Автор: Jonathan Lurie
Название: The Chief Justiceship of William Howard Taft, 1921-1930
ISBN: 1611179874 ISBN-13(EAN): 9781611179873
Издательство: Mare Nostrum (Eurospan)
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Цена: 45970.00 T
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Описание: In The Chief Justiceship of William Howard Taft, 1921-1930, Jonathan Lurie offers a comprehensive examination of the Supreme Court tenure of the only person to have held the offices of president of the United States and chief justice of the United States Supreme Court. Taft joined the Court during the Jazz Age and the era of prohibition, a period of disillusion and retreat from the idealism reflected during Woodrow Wilson's presidency. Lurie considers how conservative trends at this time were reflected in key decisions of Taft's court.Although Taft was considered an undistinguished chief executive, such a characterization cannot be applied to his tenure as chief justice. Lurie demonstrates that Taft's leadership on this tribunal, matched by his productive relations with Congress, in effect created the modern Supreme Court. Furthermore he draws on the unpublished letters Taft wrote to his three children, Robert, Helen, and Charles, generally once a week. His missives contain an intriguing mixture of family news, insights concerning contemporaneous political issues, and occasional commentary on his fellow justices and cases under consideration.Lurie structures his study in parallel with the eight full terms in which Taft occupied the center seat. Lurie examines key decisions while avoiding legal jargon wherever possible. The high point of Taft's chief justiceship was the period from 1921 to 1925. The second part of his tenure was in fact a period of slow decline, with his health worsening with each passing year. By early 1930 he was forced to resign, and his death soon followed. In the epilogue Lurie explains why Taft is still regarded as an outstanding chief justice - if not a great jurist - and details why this distinction is important.