[PDF] The Hughes Court Volume 11 eBook

Author : Mark V. Tushnet
Publisher : Cambridge University Press
Page : 1273 pages
File Size : 19,19 MB
Release : 2022-02-03
Category : History
ISBN : 1009032712

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The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation.

Author : Mark V. Tushnet
Publisher : Oliver Wendell Holmes Devise History of the Supreme Court of the United States
Page : 1273 pages
File Size : 31,9 MB
Release : 2022-02-03
Category : History
ISBN : 1316515931

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A comprehensive study of the US Supreme Court that explores the transformation of constitutional law from 1930 to 1941.

Author : Peter Charles Hoffer
Publisher : University Press of Kansas
Page : 520 pages
File Size : 26,69 MB
Release : 2018-08-28
Category : History
ISBN : 0700626824

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For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court. The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded—or failed to respond—to the plight of the underdog. Each chapter covers the Court’s years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how—in times of war, class strife, or moral revolution—the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court’s opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them. Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court’s role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.

Author : William M. Wiecek
Publisher : Oxford University Press
Page : 551 pages
File Size : 20,70 MB
Release : 2024
Category : History
ISBN : 0197654436

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The Dark Past offers a historical overview and interpretive guide to all the major cases decided by US Supreme Court that have affected the freedom and rights of Black Americans since 1800. It lends coherence to what could otherwise be a disjointed chronicle of cases and connects the events of the past to the current era of racial inequality.

Author : Rehan Abeyratne
Publisher : Cambridge University Press
Page : 361 pages
File Size : 19,22 MB
Release : 2021-03-25
Category : Law
ISBN : 1108887996

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In Towering Judges: A Comparative Study of Constitutional Judges, Rehan Abeyratne and Iddo Porat lead an exploration of a new topic in comparative constitutional law: towering judges. The volume examines the work of nineteen judges from fourteen jurisdictions, each of whom stood out individually among their fellow judges and had a unique impact on the trajectory of constitutional law. The chapters ask: what makes a towering judge; what are the background conditions that foster or deter the rise of towering judges; are towering judges, on balance, positive or detrimental for constitutional systems; how do towering judges differ from one jurisdiction to another; how do political and historical developments relate to this phenomenon; and how does all of this fit within global constitutionalism? The answers to these questions offer important insight into how these judges were able to shine to an uncommon degree in a profession where individualism is not always looked on favourably.

Author : William G. Ross
Publisher : Univ of South Carolina Press
Page : 316 pages
File Size : 45,12 MB
Release : 2007
Category : Biography & Autobiography
ISBN : 9781570036798

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During the 1930s the U.S. Supreme Court abandoned its longtime function as an arbiter of economic regulation and assumed its modern role as a guardian of personal liberties. William G. Ross analyzes this turbulent period of constitutional transition and the leadership of one of its central participants in The Chief Justiceship of Charles Evans Hughes, 1930-1941. Tapping into a broad array of primary and secondary sources, Ross explores the complex interaction between the court and the political, economic, and cultural forces that transformed the nation during the Great Depression. Written with an appreciation for both the legal and historical contexts, this comprehensive volume explores how the Hughes Court removed constitutional impediments to the development of the administrative state by relaxing restrictions previously invoked to nullify federal and state economic regulatory legislation. Ross maps the expansion of safeguards for freedoms of speech, press, and religion and the extension of rights of criminal defendants and racial minorities. of African Americans helped to lay the legal foundations for the civil rights movement. Throughout his study Ross emphasizes how Chief Justice Hughes' brilliant administrative abilities and political acumen helped to preserve the Court's power and prestige during a period when the body's rulings were viewed as intensely controversial. Ross concludes that on balance the Hughes Court's decisions were more evolutionary than revolutionary but that the court also reflected the influence of the social changes of the era, especially after the appointment of justices who espoused the New Deal values of President Franklin Delano Roosevelt.

Author : Laura Kalman
Publisher : Oxford University Press
Page : 441 pages
File Size : 39,61 MB
Release : 2022-09-27
Category :
ISBN : 0197539297

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A comprehensive, engaging, and revisionist account of the Court fight that ties it to contemporary policy debates. In the last past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that famously crashed and burned in the 1930s: court packing. Not surprisingly, today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt-fresh off a landslide victory-stunned the country when he proposed a plan to expand the size of the court by up to six justices. Today, that scheme is generally seen as an act of hubris-an instance where FDR failed to read Congress and the public properly. In FDR's Gambit, the eminent legal historian Laura Kalman challenges the conventional wisdom by telling the story as it unfolded, without the distortions of hindsight. Indeed, while scholars have portrayed the Court Bill as the ill-fated brainchild of a hubristic President made overbold by victory, Kalman argues to the contrary that acumen, not arrogance, accounted for Roosevelt's actions. Far from erring tragically from the beginning, FDR came very close to getting additional justices, and the Court itself changed course. As Kalman shows, the episode suggests that proposing a change in the Court might give the justices reason to consider whether their present course is endangering the institution and its vital role in a liberal democracy. Based on extensive archival research, FDR's Gambit offers a novel perspective on the long-term effects of court packing's failure, as a legacy that remains with us today. Whether or not it is the right remedy for today's troubles, Kalman argues that court packing does not deserve to be recalled as one fated for failure in 1937.

Author : Michael R. Botson
Publisher : Texas A&M University Press
Page : 282 pages
File Size : 19,37 MB
Release : 2005
Category : Business & Economics
ISBN : 1603446141

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Annotation On July 12, 1964, in a momentous decision, the National Labor Relations Board decertified the racially segregated Independent Metal Workers Union as the collective bargaining agent at Houston's mammoth Hughes Tool Company. The unanimous decision ending nearly fifty years of Jim Crow unionism at the company marked the first ruling in the Labor Board's history that racial discrimination by a union violated the National Labor Relations Act and was therefore illegal. This ruling was for black workers the equivalent of the Brown v. Board of Education decision by the Supreme Court in the area of education. Botson traces the Jim Crow unionism of the company and the efforts of black union activists to bring civil rights issues into the workplace. His analysis clearly demonstrates that without federal intervention, workers at Hughes Tool would never have been able to overcome management's opposition to unionization and to racial equality. Drawing on interviews with many of the principals, as well as extensive mining of company and legal archives, Botson's study "captures a moment in time when a segment of Houston's working-class seized the initiative and won economic and racial justice in their work place."

Author : Jeff Shesol
Publisher : W. W. Norton & Company
Page : 673 pages
File Size : 10,10 MB
Release : 2011-03-14
Category : History
ISBN : 0393079414

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"A stunning work of history."—Doris Kearns Goodwin, author of No Ordinary Time and Team of Rivals Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices—and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.