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Author: Timothy S. Huebner Publisher: University of Georgia Press ISBN: 0820342289 Category : History Languages : en Pages : 280
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.
Author: Timothy S. Huebner Publisher: University of Georgia Press ISBN: 0820342289 Category : History Languages : en Pages : 280
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.
Author: G. Edward White Publisher: New York : Oxford University Press ISBN: Category : Biography & Autobiography Languages : en Pages : 474
Book Description
This book is a series of portraits of the most famous appellate judges in American history. White traces the development of the American judicial tradition through biographical sketches of the careers and contributions of these renowned judges. - Publisher.
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.
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
Author: Lee Epstein Publisher: Harvard University Press ISBN: 0674070682 Category : Law Languages : en Pages : 491
Book Description
Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.
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.
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."
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.
Author: Timothy S. Huebner
Author: Timothy S. Huebner
Author: Timothy S. Huebner
Author: G. Edward White
Author: Brent J. Aucoin
Author: Sally E. Hadden
Author: Lee Epstein
Author: Tim Alan Garrison
Author: Mark D. Walters
Author: Sally Greene
Author: Timothy S. Huebner