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Learned Hand : The Man and the Judge
- moving account of the life and work of one of the great judges of the twentieth century, whose work has left a profound mark on our legal, intellectual, and social landscape. The greatest judge never to be appointed to the Supreme Court, Learned Hand is widely considered the peer of Justices Holmes, Brandeis, and Cardozo. In his more than fifty years on the bench, he left an unequaled legacy of lastingly influential writings. This distinctive biography goes well beyond Hand's official work, however, to depict both a complex human being and the times in which he lived. The first to draw on the enormous collection of the judge's private papers, the eminent constitutional scholar Gerald Gunther vividly portrays a public man consumed by private doubts. Gunther's lively account moves from Hand's childhood in a formidable (and anxiety-producing) family of lawyers to his years at Harvard as a studious outsider, his frustrating experience in private law practice, his felt inadequacies in marriage, and his work as a federal judge. Throughout his life, Hand believed himself unworthy of the accolades bestowed upon him; self-doubt permeated all aspects of his life.
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For Every Time and Season
- by Marcus Hand, Learned Hand
The Bill of Rights
- by Learned Hand
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Justice Oliver Wendell Holmes : Law and the Inner Self
- tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and a prominent military moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction for thirty years on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes: Law and the Inner Self, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's intense relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner workings of Holmes's mind. There is a full chapter devoted to The Common Law, and throughout the book, there is astute commentary on Holmes's legal writings and judicial decisions. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence - including protection for free speech and the belief that "judges make the law" - can be prominently identified with Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, Holmes's desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to abandon his early academic passions, literature and philosophy, and to pursue legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes
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Hugo Black : A Biography
- Hugo Black's odyssey was long, varied, unlikely, and remarkably successful. It began in 1886 in the Alabama hill country and ended in 1971, when Americans were demonstrating in the streets. As a United States senator from 1927 to 1937 and then for thirty-four years on the United States Supreme Court as its most passionate civil libertarian, Black fought for the rights and welfare of all people.
Here is the first full-scale biography of this commanding figure. Never before has the story been so richly told. Roger Newman reveals much we did not know -- about Black's activities in the Ku Klux Klan and the furor over his appointment by FDR to the Supreme Court. He takes us behind the scenes at the Court and into its secret conferences, showing us the preparation of opinions and explaining the relationships among the justices.
Black is seen as he was -- a brilliant trial lawyer, the investigating senator called by one reporter "a walking encyclopedia with a Southern accent," and the wily politician and astute justice who led the redirection of American law toward the protection of the individual.
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Cardozo : A Study in Reputation
- by Richard A. Posner
The Problems of Jurisprudence
- by Richard A. Posner
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The Essential Holmes : Selections from the Letters, Speeches, Judicial Opinions, and Other Writings of Oliver Wendell Holmes, Jr.
- Legendary U.S. Supreme Court justice Oliver Wendell Holmes is not only a giant in American legal history but is also remarkable for having been a master prose stylist. This collection, edited by Richard Posner, who is himself a federal judge, contains essays, speeches, letters to friends, and legal opinions that give the reader a highly enjoyable look into the thoughts that emanated from a very active mind.
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Nature of the Judicial Process
- BY JUSTICE BENJAMIN CARDOZO - a reader writes: This book reflects the profound intellect of one of the most highly regarded jurists in American history. Despite its age, Justice Cardozo's classic treatise provides insights into the "real" workings of the judicial decision making process that remain relevant to a modern analysis of American jurisprudence. His exploration of the motivations, ideals, and even prejudicies of judges serves to demystify this crucial aspect of the legal system. His insights into "legal realism" provide an appreciation of this judicial approach and offers an understanding of its underlying rationale, as well as an argument for its continued utility for modern jurists. Most importantly, he strives to make the judicial process comprehensible and, even, approachable to the non-practitioner of law, as well as law students, thus attempting to make public law, truly, "public."
Women's Annotated Legal Bibliography
- by Benjamin N. Cardozo - a special book, by a special person, on a special topic - - - - worth the wait.
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The Common Law
- By Justice Holmes - - - The Common Law, published in 1881, was based on a series of lectures addressed to a lay audience in Boston by the most respected (then and now) of all American jurists, Oliver Wendell Holmes. Avoiding specialized language of his own or any other era, Holmes explains with scintillating clarity such fundamental concepts as:
* Liability
* Criminal law
* Theory of torts
* Trespass
* Negligence
* Fraud, malice, and intent
* Bailment
* Possession and ownership
* Contract
* Consideration
* Void and voidable contracts
* Successions after death
* And successions in vivos
For its clarification of basic legal principles that continue to underlie even the most current and controversial issues, The Common Law belongs on every lawyer's bookshelf
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The Path of the Law (Little Books of Wisdom)
- By Justice Oliver Wendell Holmes
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Chief Justice : A Biography of Earl Warren
- Earl Warren, who served as Chief Justice of the Supreme Court from 1953 to 1969 was, having presided over such society-bending decisions as Brown vs. Board of Education, Gideon vs. Wainright, and Miranda v. Arizona, probably the most influential man to ever hold that post. Yet his long life had never been the subject of a full-length biography until this book. Cray, a journalism professor at the University of Southern California, tells the inside story of the Warren Court's major decisions and much more: Warren's post-Pearl Harbor decision as California Attorney General to push for the internment of his state's Japanese Americans, his struggle against Richard Nixon over the direction of the Republican Party, and his machinations to get Eisenhower to appoint him to the Court. There's also good detail about the Warren Commission investigation into the Kennedy assassination, including Warren's jailhouse interview with Jack Ruby, who convinced Warren that he had never known Oswald, but who also asked the jurist if he, too, heard the voices of the Jewish women and children being put to death in the jail.
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A History of the Supreme Court
- Bernard Schwartz's history treats the Court as "both a mirror and a motor--reflecting the development of the society which it serves and helping to move that society in the direction of the dominant jurisprudence of the day." Beginning with the 17th-century writings of Sir Edward Coke, which shaped much of the legal thinking of America's Founding Fathers, Schwartz considers each of the major eras of the Supreme Court's tenure, from its first term in 1790 (held in New York City) to the Rehnquist years. There are also four chapters that deal specifically with watershed cases: Dred Scott v. Sandford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz marshals a substantial amount of historical information to carry the story forward without getting stuck on minutiae.
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Decision : How the Supreme Court Decides Cases (Oxford Paperbacks)
- Decision provides a unique behind-the-scenes look at the Supreme Court and how its Justices decide cases. Distinguished author Bernard Schwartz uses confidential conference notes, draft opinions, memoranda, letters, and interviews to tell what really goes on behind the red velour curtain. Cases and anecdotes, woven into deft discussions of the Justices and how they function, provide unmatched insights into our high tribunal.
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Closed Chambers: The First Eyewitness Account of the Epic Struggles Inside the Supreme Court
- Edward Lazarus, a former Supreme Court clerk to Justice Harry Blackmun, spills the beans on an institution that values silence. Nobody is supposed to understand what happens behind the scenes of the high court--that's why the justices rarely speak to the media--but Lazarus tells all he knows from his time as a top aide to Blackmun in the Supreme Court's 1988 term. There's a lot of legal theory and history, but it's well presented and usually focuses on touchstone issues in U.S. politics; cases involving abortion, the death penalty, and racial preferences receive sustained treatment in these pages. There are gossipy bits, too, revealing unflattering details about several current justices. Sure to be one of the more controversial books of the year. a real gem
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The Brethren: Inside the Supreme Court
- a reader writes: The Brethren, co-authored by Bob Woodward and Scott Armstrong, is an in-depth documentary of the United States Supreme Court from 1969 to 1975, under the leadership of Warren Burger. Woodward and Armstrong present, in detail, all aspects of the court and of it’s members. Major issues faced by the court during these years included abortion, racial integration, censorship, and the relationships between the justices. This book is comparable to a lengthy newspaper article. Written more as a source of information than of entertainment, The Brethren is the brutal truth, but not boring.. a n immortal classic
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