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The Southern Judicial Tradition

The Southern Judicial Tradition PDF Author: Timothy S. Huebner
Publisher: University of Georgia Press
ISBN: 0820342289
Category : History
Languages : en
Pages : 263

Book Description
He exposes the myth of southern leniency in appellate homicide decisions and also shows how the southern judiciary contributed to and reflected larger trends in American legal development."--BOOK JACKET.

The Southern Judicial Tradition

The Southern Judicial Tradition PDF Author: Timothy S. Huebner
Publisher: University of Georgia Press
ISBN: 0820342289
Category : History
Languages : en
Pages : 263

Book Description
He exposes the myth of southern leniency in appellate homicide decisions and also shows how the southern judiciary contributed to and reflected larger trends in American legal development."--BOOK JACKET.

The Southern Judicial Tradition

The Southern Judicial Tradition PDF Author: Timothy S. Huebner
Publisher:
ISBN:
Category : Appellate courts
Languages : en
Pages : 378

Book Description


A Rift in the Clouds

A Rift in the Clouds PDF Author: Brent J. Aucoin
Publisher: University of Arkansas Press
ISBN: 1610753461
Category : Social Science
Languages : en
Pages : 186

Book Description
A Rift in the Clouds chronicles the efforts of three white southern federal judges to protect the civil rights of African Americans at the beginning of the twentieth century, when few in the American legal community were willing to do so. Jacob Treiber of Arkansas, Emory Speer of Georgia, and Thomas Goode Jones of Alabama challenged the Supreme Court's reading of the Reconstruction amendments that were passed in an attempt to make disfranchised and exploited African Americans equal citizens of the United States. These unpopular white southerners, two of whom who had served in the Confederate Army and had themselves helped to bring Reconstruction to an end in their states, asserted that the amendments not only established black equality, but authorized the government to protect blacks. Although their rulings won few immediate gains for blacks and were overturned by the Supreme Court, their legal arguments would be resurrected, and meet with greater success, over half a century later during the civil rights movement.

A.V. Dicey and the Common Law Constitutional Tradition

A.V. Dicey and the Common Law Constitutional Tradition PDF Author: Mark D. Walters
Publisher: Cambridge University Press
ISBN: 1107028477
Category : Biography & Autobiography
Languages : en
Pages : 479

Book Description
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.

The Other Founders

The Other Founders PDF Author: Saul Cornell
Publisher: UNC Press Books
ISBN: 0807839213
Category : History
Languages : en
Pages : 352

Book Description
Fear of centralized authority is deeply rooted in American history. The struggle over the U.S. Constitution in 1788 pitted the Federalists, supporters of a stronger central government, against the Anti-Federalists, the champions of a more localist vision of politics. But, argues Saul Cornell, while the Federalists may have won the battle over ratification, it is the ideas of the Anti-Federalists that continue to define the soul of American politics. While no Anti-Federalist party emerged after ratification, Anti-Federalism continued to help define the limits of legitimate dissent within the American constitutional tradition for decades. Anti-Federalist ideas also exerted an important influence on Jeffersonianism and Jacksonianism. Exploring the full range of Anti-Federalist thought, Cornell illustrates its continuing relevance in the politics of the early Republic. A new look at the Anti-Federalists is particularly timely given the recent revival of interest in this once neglected group, notes Cornell. Now widely reprinted, Anti-Federalist writings are increasingly quoted by legal scholars and cited in Supreme Court decisions--clear proof that their authors are now counted among the ranks of America's founders.

A Companion to American Legal History

A Companion to American Legal History PDF Author: Sally E. Hadden
Publisher: John Wiley & Sons
ISBN: 1118533771
Category : Law
Languages : en
Pages : 653

Book Description
A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas

A Cosmopolitan Jurisprudence

A Cosmopolitan Jurisprudence PDF Author: Helge Dedek
Publisher: Cambridge University Press
ISBN: 1108841724
Category : Law
Languages : en
Pages : 325

Book Description
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.

The Legal Ideology of Removal

The Legal Ideology of Removal PDF Author: Tim Alan Garrison
Publisher: University of Georgia Press
ISBN: 0820334170
Category : Law
Languages : en
Pages : 350

Book Description
This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.

Judge Thomas Ruffin and the Shadows of Southern History

Judge Thomas Ruffin and the Shadows of Southern History PDF Author: Sally Greene
Publisher: UNC Press Books
ISBN: 0807882801
Category : History
Languages : en
Pages :

Book Description
Judge Thomas Ruffin and the Shadows of Southern History by Sally Greene North Carolina's State Capitol still houses a statue to one of southern history's most notorious pro-slave-owner judges. Why? "Ruffin was ideologically sympathetic to the Confederate cause and remained so to his death. 'The power of the master must be absolute,' Ruffin wrote in State v. Mann (1829), 'to render the submission of the slave perfect.' State v. Mann became the most notorious opinion in the entire body of slavery law."

Liberty and Union

Liberty and Union PDF Author: Timothy S. Huebner
Publisher:
ISBN: 9780700622696
Category : HISTORY
Languages : en
Pages : 0

Book Description
A sweeping narrative of America's Civil War era, Liberty and Union shows how the war helped to bring about revolutionary changes in American life, changes that were sustained--and limited--by most Americans' abiding commitment to the nation's founding principles.