History of the Supreme Court of the United States: Oliver Wendell Holmes Devise History of the Supreme Court of the United States
Autor Carl B. Swisheren Limba Engleză Hardback – 22 noi 2009
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Specificații
ISBN-13: 9780521519793
ISBN-10: 0521519799
Pagini: 1066
Ilustrații: 32 b/w illus.
Dimensiuni: 160 x 240 x 55 mm
Greutate: 1.66 kg
Ediția:New.
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Oliver Wendell Holmes Devise History of the Supreme Court of the United States
Locul publicării:New York, United States
ISBN-10: 0521519799
Pagini: 1066
Ilustrații: 32 b/w illus.
Dimensiuni: 160 x 240 x 55 mm
Greutate: 1.66 kg
Ediția:New.
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Oliver Wendell Holmes Devise History of the Supreme Court of the United States
Locul publicării:New York, United States
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Cuprins
1. The background of the Taney Court; 2. The Taney appointment; 3. Personnel of the Taney Court; 4. The first term and the Bridge Case; 5. The realm of finance; 6. Hard times and contract obligations; 7. The scope of executive power; 8. The impact of foreign affairs; 9. Politics and personnel; 10. The judges and the circuits; 11. The expanding work load; 12. The clerk and the reporter; 13. Federal courts and the common law; 14. Fringes of the codification movement; 15. The control of commerce; 16. The continuing struggle over commerce; 17. The developing pattern of the commerce power; 18. Admiralty and maritime jurisdiction; 19. The rights of corporations; 20. Patent rights and free enterprise; 21. Political questions and judicial power; 22. Sectionalism and slavery; 23. Soil for slavery; 24. The Dred Scott case; 25. Aftermath of the Scott case; 26. The Booth cases and Northern nullification; 27. Fugitives from justice; 28. The widening breach; 29. The court on the eve of the war; 30. Property in land; 31. The wealth of El Dorado; 32. Lincoln's appointments to the court; 33. The war and the federal judges; 34. The blockade and the laws of war; 35. Wartime curtailment of civil rights; 36. Other problems from the war; 37. The end of the Taney regime.
Recenzii
'This monumental study provides an arsenal of information on the decisions and related activities of the Taney court … Swisher convincingly demonstrates by example that future scholars must look beyond the banks of the Potomac to the circuit duties and decisions of the justices in order to appreciate the role of the court.' Kermit L. Hall, The Journal of American History
'It is the great feature of Swisher's good entry in this series of books that he does not try to write a predominately constitutional history. He sees the country as a whole, and puts the Supreme Court into that context.' John P. Frank, Harvard Law Review
'This is an encyclopedic study of the Supreme Court in the Taney years. Swisher does not limit himself to a discussion of major constitutional decisions. He describes the capabilities of court clerks, the merits of reporters, the difficulties of finding suitable lodging in Washington of the Civil War years, Justice Taney's favorite cigars, Justice Davis's arrangement with his wife as to how much liquor he could consume while away from home, congressional debates (fruitful and otherwise) concerning changing the circuits which the justices were required to ride, and the political experiences and inclinations of successful and unsuccessful nominees to the Court. All of this surfaces among the usually clear and revealing discussions of every major constitutional issue of the years 1836–1864. No one who wishes to understand the history of the Court in these years can afford to ignore this work … [Carl B. Swisher] has provided for all students of the Supreme Court an invaluable book. A sign of its great worth is that it triumphs over its assumptions.' Phillip S. Paludan, The Journal of Southern History Paludan
'There are enormous areas of strength in Volume V, for Swisher was a thorough scholar in the areas of his particular interest. These include, particularly, the groups of cases having to do with the rights of corporations, with the commerce clause, with money and banking, with the institution of slavery, and with the extension of admiralty jurisdiction … The greatest value of the present work is in illuminating how a change in personnel and a resulting change in political viewpoint tilted the balance of power from the central government toward the states to such an extent that the Union nearly was lost.' John L. Gibbons, Columbia Law Review
'With leisurely pace and magisterial dignity Swisher unfolds his history of the Court in all its aspects; personnel, workload, the judges and the circuits, the clerk and reporter, the impact of war and politics, and analysis of leading cases in their historical setting … Though full of detail this volume is uniformly interesting and enlightening. It will be enormously useful to laymen, lawyers, and scholars. If the other volumes measure up to this one in depth and breadth of scholarship the Oliver Wendell Holmes Devise will be a fitting monument to the man who gave most of his life and fortune to the United States Government.' Harry L. Coles, Annals of the American Academy of Political and Social Science
'Swisher's exploration of the Court's meanderings from New York v. Miln to Cooley v. Board of Wardens is masterful … All things considered – the comprehensive scope, the richness and accuracy of detail, and the sheer mastery of the material – Swisher's work will surely emerge as the standard authority on the Supreme Court under Taney. Not only does Swisher delineate constitutional issues in their full technical complexity, but he does so (no doubt because of his biographical skills) without losing sight of the Justices' diverse talents, disabilities, and quirks – their personal, often passionate, involvement in the law they made. Both law and men are treated with a balanced understanding and compassion. Weaving together human, institutional, and legal aspects, Swisher conveys the marvelous complexity and intricate texture of the Court's life and work.' Kent Newmyer, Stanford Law Review
'[Carl B. Swisher's] grasp, judiciousness, and professional integrity are all plainly visible in The Taney Period, and his style is characteristically crisp and clear … [F]or anyone interested in the Court as a functioning institution and in the mixture of personalities constituting its membership, this is at once a book that can be read through with considerable pleasure and a useful reference work to be kept close at hand.' Don E. Fehrenbach, The University of Chicago Law Review
'It is the great feature of Swisher's good entry in this series of books that he does not try to write a predominately constitutional history. He sees the country as a whole, and puts the Supreme Court into that context.' John P. Frank, Harvard Law Review
'This is an encyclopedic study of the Supreme Court in the Taney years. Swisher does not limit himself to a discussion of major constitutional decisions. He describes the capabilities of court clerks, the merits of reporters, the difficulties of finding suitable lodging in Washington of the Civil War years, Justice Taney's favorite cigars, Justice Davis's arrangement with his wife as to how much liquor he could consume while away from home, congressional debates (fruitful and otherwise) concerning changing the circuits which the justices were required to ride, and the political experiences and inclinations of successful and unsuccessful nominees to the Court. All of this surfaces among the usually clear and revealing discussions of every major constitutional issue of the years 1836–1864. No one who wishes to understand the history of the Court in these years can afford to ignore this work … [Carl B. Swisher] has provided for all students of the Supreme Court an invaluable book. A sign of its great worth is that it triumphs over its assumptions.' Phillip S. Paludan, The Journal of Southern History Paludan
'There are enormous areas of strength in Volume V, for Swisher was a thorough scholar in the areas of his particular interest. These include, particularly, the groups of cases having to do with the rights of corporations, with the commerce clause, with money and banking, with the institution of slavery, and with the extension of admiralty jurisdiction … The greatest value of the present work is in illuminating how a change in personnel and a resulting change in political viewpoint tilted the balance of power from the central government toward the states to such an extent that the Union nearly was lost.' John L. Gibbons, Columbia Law Review
'With leisurely pace and magisterial dignity Swisher unfolds his history of the Court in all its aspects; personnel, workload, the judges and the circuits, the clerk and reporter, the impact of war and politics, and analysis of leading cases in their historical setting … Though full of detail this volume is uniformly interesting and enlightening. It will be enormously useful to laymen, lawyers, and scholars. If the other volumes measure up to this one in depth and breadth of scholarship the Oliver Wendell Holmes Devise will be a fitting monument to the man who gave most of his life and fortune to the United States Government.' Harry L. Coles, Annals of the American Academy of Political and Social Science
'Swisher's exploration of the Court's meanderings from New York v. Miln to Cooley v. Board of Wardens is masterful … All things considered – the comprehensive scope, the richness and accuracy of detail, and the sheer mastery of the material – Swisher's work will surely emerge as the standard authority on the Supreme Court under Taney. Not only does Swisher delineate constitutional issues in their full technical complexity, but he does so (no doubt because of his biographical skills) without losing sight of the Justices' diverse talents, disabilities, and quirks – their personal, often passionate, involvement in the law they made. Both law and men are treated with a balanced understanding and compassion. Weaving together human, institutional, and legal aspects, Swisher conveys the marvelous complexity and intricate texture of the Court's life and work.' Kent Newmyer, Stanford Law Review
'[Carl B. Swisher's] grasp, judiciousness, and professional integrity are all plainly visible in The Taney Period, and his style is characteristically crisp and clear … [F]or anyone interested in the Court as a functioning institution and in the mixture of personalities constituting its membership, this is at once a book that can be read through with considerable pleasure and a useful reference work to be kept close at hand.' Don E. Fehrenbach, The University of Chicago Law Review
Notă biografică
Descriere
The Taney Period, 1836–1864 offers a comprehensive analysis of the leading constitutional issues addressed by the United States Supreme Court during Roger B. Taney's tenure as chief justice of the Court.