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The law of Constructive Contempt: The Shepherd Case Reviewed - Couverture rigide

Thomas, John L; Shepherd, J M

 
9781355832362: The law of Constructive Contempt: The Shepherd Case Reviewed

Synopsis

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Présentation de l'éditeur

Migth, its I easons for its assumption of jurisdiction in the case, and it is this oj)inion I propose to review in this paper. I do this because I feel sui esome of the principles laid down l)y the court are fundamentally wrong, and contravene essential tenets of liberty that is, the freedom of the press, and the right of ti ial by jury for an alleged abuse of such freedom. These principles, laid down b the court, are not, in my humble judgment, sound, and ought not to be acquiesced in by the people, and thus become part of the permanent law of the State. And at the threshold of this discussion, I do not desire to be understood as impugning the motives or sincerity of the judges who wrote and concurred in the opinion in this case. I was judge of the Circuit Court ten years, and of the Supreme Court two years, and I believe I have as high an appreciation of the majesty of the law, and of the dignity and independence which should appertain to a judge in the performance of his duties as any man living, and I would not say a word to lessen the esteem of the public for the courts ;and in this review I desire it to be distinctly understood that I combat, and intend to combiit only the reasoning and conclusion of the court, and not its motives.
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