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Justice Accused

Justice Accused Author Robert M. Cover
ISBN-10 0300032528
Release 1984-07
Pages 322
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What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. Cover's book is splendid in many ways. His legal history and legal philosophy are both first class...This is, for a change, an interdisciplinary work that is a credit to both disciplines.-Ronald Dworkin, Times Literary Supplement Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards...An exciting adventure in interdisciplinary history.-Harold M. Hyman, American Historical Review A most articulate, sophisticated, and learned defense of legal formalism...Deserves and needs to be widely read.-Don Roper, Journal of American History An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance.-Edwards A.Stettner, Annals of the American Academy of Political and Social Science A really fine book, an important contribution to law and to history.-Louis H. Pollak



Justice Accused

Justice Accused Author
ISBN-10 0300161956
Release 1975
Pages 322
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"What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America"". --Amazon.



Narrative Violence and the Law

Narrative  Violence  and the Law Author Robert M. Cover
ISBN-10 0472064959
Release 1992
Pages 292
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Essential writings of the leading scholar of law and violence



Constitutional Debate in Action

Constitutional Debate in Action Author H. L. Pohlman
ISBN-10 9780742574946
Release 2005-01-20
Pages 320
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Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the United States Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. Each volume examines in depth five landmark decisions. Governmental Powers covers: The Power of Judicial Review, The Commerce Power, The War Power, Presidential Emergency Powers, and Executive Privilege.



Persons and Masks of the Law

Persons and Masks of the Law Author John Thomas Noonan
ISBN-10 0520235231
Release 2002
Pages 206
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"Noonan discusses how the concept of property, applied to a person, is a perfect mask since no trace of human identity remains. An auction of slaves in Virginia, the takeover of a banana plantation in Costa Rica, and an accident on the Long Island Railroad are the famous cases involving these four legal giants. The stories of the litigations at three different periods of our history provide a powerful analysis of American law. Breaking through the formalism in which jurisprudence is often enshrined, Noonan offers a compelling vision of law and a potent call for reform in the education and behavior of lawyers."--BOOK JACKET.



Reason in Law

Reason in Law Author Lief H. Carter
ISBN-10 9780226328218
Release 2016-03-04
Pages 288
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Over the nearly four decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.



Slave law in the American South

Slave law in the American South Author Mark V. Tushnet
ISBN-10 STANFORD:36105111931627
Release 2003-08
Pages 150
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Slavery in the American South could not have existed without the authority of law defining slaves as the property of their masters. But the fact that slaves were also human beings placed limits on this harsh reality. When the rigor of the law and the complex bonds of sentiment linking master and slave came into conflict, masters looked to the courts. In one such case, "State v. Mann, North Carolina Supreme Court justice Thomas Ruffin ruled that masters could not be prosecuted for assaulting their slaves. In articulating the legal basis for his decision, Justice Ruffin also revealed his own view of the "logic of slavery," in which he sanctioned the owner's rights even as he expressed his own horror at the mistreatment of the slave. Mark Tushnet, one of the foremost living authorities on antebellum slave law, now shows how studying such a simple case can illuminate an entire society. For those who detested slavery, the case represented all that was intolerable about that institution; for those who defended it, it raised vexing and persistent issues that could not be wished away. As further testament to the importance of "State V. Mann, Harriett Beecher Stowe even made it central to her second antislavery novel, "Dred. Tushnet discusses the opinion's place in the novel--in which she quoted liberally from Ruffin's decision--and evaluates other historians' interpretations of both the opinion and Stowe's provocative novel. Tushnet provides a finely detailed analysis of Ruffin's opinion, portraying the judge as a man compelled by law to uphold the slaveowner's right while moved as a Christian by the slave's maltreatment and ever hopeful that communal morality and a deep-seated sense of honorwould moderate the excesses of slave owners. As Tushnet shows, however, slave law was a means for maintaining the ideological hegemony of the Southern master class. "Slave Law in the American South paints a broad picture of a



Constitutional Personae

Constitutional Personae Author Cass R. Sunstein
ISBN-10 9780190222673
Release 2015
Pages 192
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"Since America's founding, hundreds of U.S. Supreme Court Justices have issued a vast number of decisions on a staggeringly wide variety of subjects. Yet as the eminent legal scholar, Cass R. Sunstein shows, constitutional law is dominated by a mere quartet of character types, regardless of ideology: the hero, the soldier, the minimalist, and the mute."--



In the Shadow of War

In the Shadow of War Author Michael S. Sherry
ISBN-10 0300072635
Release 1995
Pages 595
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Prize-winning historian Michael S. Sherry shows how war has defined modern America and argues that militarization has reshaped every facet of American life--its politics, economics, culture, social relations, and place in the world. 17 illustrations.



Judges and Unjust Laws

Judges and Unjust Laws Author Douglas E Edlin
ISBN-10 9780472034154
Release 2010-07-22
Pages 321
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Are judges legally obligated to enforce an unjust law?



The Literature of American Legal History

The Literature of American Legal History Author William E. Nelson, JR.
ISBN-10 9781587982804
Release 1985-01-01
Pages 372
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Republishes articles by two senior legal historians. Besides summarizing what has now become classical literature in the field, it offers illuminating insight into what it means to be a professional legal historian.



Creon s Ghost Law Justice and the Humanities

Creon s Ghost Law Justice and the Humanities Author Tomain
ISBN-10 9780190450458
Release 2009-02-16
Pages 344
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Creon's Ghost examines the enduring problem of the relationship between man's law and a "higher" law from the perspective of core humanities texts and through discussion of hotly debated contemporary legal conundrums. Today, such issues as intelligent design in school curricula, same-sex marriage, and faith-based government grants are all examples of the interaction between man's law and some other set of moral principles. As these debates are considered in this book, the author uses texts such as Antigone and Plato's Republic and pairs them with the most important jurisprudence texts of the 20th century to explore different approaches to the contemporary conflict or court ruling under consideration. Creon's Ghost demonstrates that the humanities can both illuminate our understanding of contemporary problems and that "classic" texts can be read alongside jurisprudential texts, thus enriching our understanding of and appreciation for law.



Most Deserving of Death

Most Deserving of Death Author Kenneth Williams
ISBN-10 9781317094067
Release 2016-04-15
Pages 226
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The role of capital punishment in America has been criticised by those for and against the death penalty, by the judiciary, academics, the media and by prison personnel. This book demonstrates that it is the inconsistent and often incoherent jurisprudence of the United States Supreme Court which accounts for a system so lacking in public confidence. Using case studies, Kenneth Williams examines issues such as jury selection, ineffective assistance of counsel, the role of race and claims of innocence which affect the Court's decisions and how these decisions are played out in the lower courts, often an inmate's last recourse before execution. Discussing international treaties and their lack of impact on capital punishment in America, this book has international appeal and makes an important contribution to legal scholarship. It also provides a unique understanding of the dynamics of an alarmingly problematic system and will be valuable to those interested in human rights and criminal justice.



Justice Curtis in the Civil War Era

Justice Curtis in the Civil War Era Author Stuart Streichler
ISBN-10 0813923425
Release 2005
Pages 271
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During a career as both a lawyer and a Supreme Court justice, Benjamin R. Curtis addressed practically every major constitutional question of the mid-nineteenth century, making judgments that still resonate in American law. Aside from a family memoir written by his brother over one hundred years ago, however, no book-length treatment of Curtis exists. Now Stuart Streichler has filled this gap in judicial biography, using Curtis’s life and work as a window on the most serious constitutional crisis in American history, the Civil War. Curtis was the lead attorney for President Andrew Johnson in the Senate’s impeachment trial, where he delivered the pivotal argument, and his was an influential voice in the pervasive constitutional struggle between states and the federal government. He is best remembered, however, for dissenting in the Dred Scott case, in which he disputed Chief Justice Taney’s proslavery ruling that no black person could ever become a citizen of the United States. In the wake of the decision, Curtis resigned from the court, the only justice in the Supreme Court’s history to do so on grounds of principle. Yet he also clashed with Boston’s abolitionists over enforcing the Fugitive Slave Act, and he opposed the Emancipation Proclamation. In a period when the Constitution was radically transformed from a charter that protected slavery to one that granted all persons equal rights of citizenship, Justice Curtis maintained his faith in the Constitution as an adaptable instrument of self-government and tried to mark out a path for gradual change. Streichler assesses Curtis’s common-law methods in the context of his divisive times and shows how the judge’s views continue to shed light on issues that have become once again relevant, such as the presidential impeachment process and, after 9/11, the use of military tribunals to try civilians.



Encyclopedia of Antislavery and Abolition

Encyclopedia of Antislavery and Abolition Author Peter P. Hinks
ISBN-10 0313331448
Release 2007
Pages 796
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Volume two of a two volume set featuring alphabetically arranged entries that cover a wide range of topics related to the antislavery movement and abolitionist activities in the eighteenth and nineteenth centuries, highlighting people and events that played a key role in ending slavery in the United States.



The Routledge Research Companion to Law and Humanities in Nineteenth Century America

The Routledge Research Companion to Law and Humanities in Nineteenth Century America Author Nan Goodman
ISBN-10 9781317042976
Release 2017-05-12
Pages 372
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Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.



On Violence

On Violence Author Bruce B. Lawrence
ISBN-10 082233769X
Release 2007-12-06
Pages 578
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DIVAn interdisciplinary collection of primary texts on the subject of violence, from Freud to Gramsci to Foucault, from Ghandi to Osama bin Laden. The editors' introductions frame the texts within questions of how violence is generated and perpetuated in so/div