The Slaughterhouse Cases

Regulation, Reconstruction, and the Fourteenth Amendment
Author: Ronald M. Labbé,Jonathan Lurie
Publisher: N.A
ISBN: 9780700614097
Category: History
Page: 205
View: 5005

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While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.

Prigg V. Pennsylvania

Slavery, the Supreme Court, and the Ambivalent Constitution
Author: H. Robert Baker
Publisher: N.A
ISBN: 9780700618644
Category: History
Page: 202
View: 4385

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Examines the case of Prigg v. Pennsylvania, the 1842 Supreme Court case that struck down the free states' personal liberty laws and reaffirmed federal supremacy in determining the procedures for fugitive slave rendition. The first and only book-length treatment of this landmark case that became a pivot point for antebellum politics and law some fifteen years before Dred Scott.

Marbury V. Madison

The Origins and Legacy of Judicial Review
Author: William Edward Nelson
Publisher: Landmark Law Cases & American
ISBN: 9780700610624
Category: History
Page: 142
View: 1119

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This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.

Program


Author: Organization of American Historians. Meeting
Publisher: N.A
ISBN: N.A
Category: Historians
Page: N.A
View: 4032

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The reconstruction justice of Salmon P. Chase

in re Turner and Texas v. White
Author: Harold Melvin Hyman
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 184
View: 8954

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The demise of the Confederacy left a legacy of legal arrangements that raised fundamental and vexing questions regarding the legal rights and status of former slaves and the status of former Confederate states. As Harold Hyman shows, few individuals had greater impact on resolving these difficult questions than Salmon P. Chase, chief justice of the U.S. Supreme Court from 1865 to 1873.Hyman argues that in two cases -- In Re Turner (1867) and Texas v. White (1869) -- Chase combined his abolitionist philosophy with an activist jurisprudence to help dismantle once and for all the deposed machineries of slavery and the Confederacy.In Re Turner was a private law case decided at the federal circuit level. It involved a black woman's claim that she, a recent slave, was being held in involuntary, servitude. Elizabeth Turner's mother had apprenticed her to their former master, who had not abided by his contractual obligations to provide Elizabeth with training and compensation, substantively keepingher in slavery. Chase's decision, which relied upon due process and equal protection implications in the thirteenth amendment and the 1866 Civil Rights Act, confirmed the rights of emancipated slaves to bargain and contract with employers on a parity with white workers.Texas v. White was a public law case decided in the Supreme Court. It revolved around the issue of whether the holders of U.S. bonds seized and sold by the Confederate state of Texas could demand payment after the war from that state's newly reconstructed government. In effect, Chase and his associate justices were asked to determine the legality of actions committed by all former Confederate states and, thus, to define whatconstituted a state. Chase's opinion reaffirmed the permanence of the Union and its constituent states and the duty of the states to respect the legal rights and obligations of all citizens.Hyman's exemplary study provides

Lochner V. New York

Economic Regulation on Trial
Author: Paul Kens
Publisher: N.A
ISBN: 9780700609192
Category: Law
Page: 216
View: 8734

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Lochner v. New York (1905), which pitted a conservative activist judiciary against a reform-minded legislature, remains one of the most important and most frequently cited cases in Supreme Court history. In this concise and readable guide, Paul Kens shows us why the case remains such an important marker in the ideological battles between the free market and the regulatory state. The Supreme Court's decision declared unconstitutional a New York State law limiting bakery workers to no more than ten hours per day or sixty hours per week. By evoking its "police power," the state hoped to eliminate the employers' abuse of these workers. But the 5-4 majority opinion, authored by Justice Rufus Peckham and renounced by Justice Oliver Wendell Holmes, cited the state's violation of due process and the "right of contract between employers and employees," which the majority believed was protected by the Fourteenth Amendment. Critics jumped on the decision as an example of conservative juidicial activism promoting laissez-faire capitalism at the expense of progressive reform. As series editors Peter Hoffer and N.E.H. Hull note in their preface, "the case also raised a host of significant questions regarding the impetus of state legislatures to enter the workplace and regulate hours, wages, and working conditions; of the role of courts as monitors of the constitutionality of state regulation of the economy; and of the place of economic and moral theories in judicial thinking." Kens, however, reminds us that these hotly contested ideas and principles emerged from a very real human drama involving workers, owners, legislators, lawyers, and judges. Within the crucible of an industrializing America, their story reflected the fierce competition between two powerful ideologies.

The Other Rights Revolution

Conservative Lawyers and the Remaking of American Government
Author: Assistant Professor of American Studies and Political Science Jefferson Decker
Publisher: Oxford University Press
ISBN: 0190467312
Category: Cause lawyers
Page: 296
View: 2714

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In 1973, a group of California lawyers formed a non-profit, public-interest legal foundation dedicated to defending conservative principles in court. Calling themselves the Pacific Legal Foundation, they declared war on the U.S. regulatory state--the sets of rules, legal precedents, and bureaucratic processes that govern the way Americans do business. Believing that the growing size and complexity of government regulations threatened U.S. economy and infringed on property rights, Pacific Legal Foundation began to file a series of lawsuits challenging the government's power to plan the use of private land or protect environmental qualities. By the end of the decade, they had been joined in this effort by spin-off legal foundations across the country. The Other Rights Revolution explains how a little-known collection of lawyers and politicians--with some help from angry property owners and bulldozer-driving Sagebrush Rebels--tried to bring liberal government to heel in the final decades of the twentieth century. Decker demonstrates how legal and constitutional battles over property rights, preservation, and the environment helped to shape the political ideas and policy agendas of modern conservatism. By uncovering the history--including the regionally distinctive experiences of the American West--behind the conservative mobilization in the courts, Decker offers a new interpretation of the Reagan-era right.

The Oxford Handbook of the U.S. Constitution


Author: Mark Tushnet,Mark A. Graber,Sanford Levinson
Publisher: Oxford University Press
ISBN: 0190245778
Category: Political Science
Page: 992
View: 856

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The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

Gideon's Trumpet


Author: Anthony Lewis
Publisher: Vintage
ISBN: 030780528X
Category: History
Page: 288
View: 4398

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A history of the landmark case of James Earl Gideon's fight for the right to legal counsel. Notes, table of cases, index. The classic backlist bestseller. More than 800,000 sold since its first pub date of 1964.

May It Please the Court

The Most Significant Oral Arguments Made Before the Supreme Court Since 1955
Author: Peter H. Irons
Publisher: New Press, The
ISBN: 1565840526
Category: Law
Page: 400
View: 8945

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This book contains transcripts of twenty-three live recordings of landmark cases argued before the United States Supreme Court between 1955 and 1993.

Rethinking the Judicial Settlement of Reconstruction


Author: Pamela Brandwein
Publisher: Cambridge University Press
ISBN: 1139496964
Category: Political Science
Page: N.A
View: 5999

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American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.

The Foundations and Future of Financial Regulation

Governance for Responsibility
Author: Mads Andenas,Iris H-Y Chiu
Publisher: Routledge
ISBN: 113504337X
Category: Law
Page: 544
View: 2157

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Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

A People's History of the Supreme Court

The Men and Women Whose Cases and Decisions Have Shaped OurConstitution: Revised Edition
Author: Peter Irons
Publisher: Penguin
ISBN: 9781101503133
Category: Political Science
Page: 576
View: 5082

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A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court Recent changes in the Supreme Court have placed the venerable institution at the forefront of current affairs, making this comprehensive and engaging work as timely as ever. In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn. "A sophisticated narrative history of the Supreme Court . . . [Irons] breathes abundant life into old documents and reminds readers that today's fiercest arguments about rights are the continuation of the endless American conversation." -Publisher's Weekly (starred review)

Government by Judiciary

The Transformation of the Fourteenth Amendment
Author: Raoul Berger
Publisher: N.A
ISBN: 9780865971448
Category: Law
Page: 555
View: 4188

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The Justices, who are virtually unaccountable, irremovable, and irreversible, have taken over from the people control of their own destiny. — Raoul Berger It is the thesis of this monumentally argued book that the United States Supreme Court—largely through abuses of the Fourteenth Amendment to the Constitution—has embarked on "a continuing revision of the Constitution, under the guise of interpretation." Consequently, the Court has subverted America's democratic institutions and wreaked havoc upon Americans' social and political lives. One of the first constitutional scholars to question the rise of judicial activism in modern times, Raoul Berger points out that "the Supreme Court is not empowered to rewrite the Constitution, that in its transformation of the Fourteenth Amendment it has demonstrably done so. Thereby the Justices, who are virtually unaccountable, irremovable, and irreversible, have taken over from the people control of their own destiny, an awesome exercise of power." The Court has accomplished this transformation by ignoring or actually distorting the original intent of both the framers and the supporters of the Fourteenth Amendment. In school desegregation and legislative reapportionment cases, for example, the Court manipulated the history, meaning, and purpose of the amendment's Equal Protection Clause in order to achieve a desired political result. In cases involving First Amendment freedoms and the rights of the accused, the judges converted the Fourteenth Amendment's Due Process Clause into a vehicle for the nationalization of the Bill of Rights. Yet these actions were nothing less than "usurpations" that robbed "from the States a power that unmistakably was left to them." This new second edition includes the original text of 1977 and extensive supplementary discourses in which the author assesses and rebuts the responses of his critics. Raoul Berger retired in 1976 as Charles Warren Senior Fellow in American Legal History, Harvard University.

The Conscience of the Constitution

The Declaration of Independence and the Right to Liberty
Author: Timothy Sandefur
Publisher: Cato Institute
ISBN: 1939709040
Category: Law
Page: 242
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The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.

Labor law

selected statutes, forms, and agreements
Author: Michael C. Harper,Samuel Estreicher
Publisher: Aspen Publishers
ISBN: 9780316325103
Category: Law
Page: 398
View: 9309

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