The Constitutional Doctrines Of Justice Harlan - Couverture rigide

Clark, Floyd Barzilia

Couverture rigide

ISBN 10 : 1584774460 ISBN 13 : 9781584774464

Editeur : Lawbook Exchange, Ltd., 2019

Synopsis

An essential study of the work of U.S. Supreme Court Justice John Marshall Harlan. John Marshall Harlan [1833-1911] wrote numerous dissenting opinions on everything from civil rights to the federal income tax during his long tenure on the U.S. Supreme Court. He was said at the time to suffer from "dissent-ary," but posterity has shown him to be a liberal born too soon since many aspects of his dissents gained majorities after his death. We see this most clearly in his blistering dissents in the Civil Rights Cases (1883) and Plessy v. Ferguson (1896). On a broader scale, his interpretation of "due process" contributed to the development of the incorporation theory during the 1950s and 60s. Viewed as a whole, his emphasis on the social consequences of decisions rather than adherence to abstract legal principles pointed the way toward the work of Pound and Llewellyn. Clark offers an excellent introduction to Harlan's doctrines regarding civil rights, the suability of states, impairment of the obligation of contracts, interstate and foreign commerce, judicial legislation and other topics that is valuable for its balance of summary and interpretation. It continues to be an essential study of Harlan's judicial beliefs. ix, 208 pp.

A propos du livre

Présentation de l'éditeur

Two temptations assail writers of biographies, or of studies of a similar kind, to overestimate or to underestimate. It is hard for the student of a mans career to see both sides, and after giving due consideration to each, to form a fair judgment. Throughout this study I have been aware of these two dangers, but I am not sure that in all respects they have been avoided. It needs to be emphasized that in studying the constitutional doctrines of a single great judge as found in his dissenting opinions, the prevailing opinions of the court must of necessity appear at their worst, for the criticisms of the minority are of course directed at the weak points in the reasoning of the majority. In so far, then, as I have accepted Justice Harlan sarguments and found unconvincing the rulings of theS upreme Court, it must be remembered that I am criticising only the weaker points of a few decisions of that great tribunal. This study was prepared partly at theS ummer School of Columbia University, but principally in theD epartment of Political Science of the Johns Hopkins University. I wish to express my gratitude for suggestions made by Mr. A. M. Groves, a graduate student of this University, who read the manuscript before it went to press; I owe toP rofessor T. R. Powell, of New York, my knowledge of many of the basic principles of constitutional law; but the study was prepared under the direction of Dr. W. W. Willoughby, of the Johns Hopkins University, without whose aid its production would not have been possible. RB.
(Typographical errors above are due to OCR software and don't occur in the book.)

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Détails de l'édition

• Éditeur: Lawbook Exchange, Ltd.
• Date d'édition: 2019
• Langue: anglais
• ISBN 10: 1584774460
• ISBN 13: 9781584774464
• Reliure: Relié
• Nombre de pages: 216
• Coordonnées du fabricant: non disponible
• Personne responsable: GPSR Kontakt; gpsr@libri.de; ; Europaallee 1; Bad Hersfeld; 36244; Allemagne