The Southern Judicial Tradition PDF Download
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Author | : Timothy S. Huebner |
Publisher | : University of Georgia Press |
Total Pages | : 280 |
Release | : 2011-07-01 |
Genre | : History |
ISBN | : 0820342289 |
Download The Southern Judicial Tradition Book in PDF, ePub and Kindle
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 | : |
Total Pages | : 378 |
Release | : 1993 |
Genre | : Appellate courts |
ISBN | : |
Download The Southern Judicial Tradition Book in PDF, ePub and Kindle
Author | : Owen Fiss |
Publisher | : Harvard University Press |
Total Pages | : 221 |
Release | : 2017-05-08 |
Genre | : Biography & Autobiography |
ISBN | : 0674971868 |
Download Pillars of Justice Book in PDF, ePub and Kindle
The constitutional theorist Owen Fiss explores the purpose and possibilities of life in the law through a moving account of thirteen lawyers who shaped the legal world during the past half century. He tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and principles they served.
Author | : |
Publisher | : |
Total Pages | : 31 |
Release | : 1965 |
Genre | : |
ISBN | : |
Download Southern Judges and Negro Voting Rights Book in PDF, ePub and Kindle
Author | : Brent J. Aucoin |
Publisher | : University of Arkansas Press |
Total Pages | : 186 |
Release | : 2007-08-01 |
Genre | : Social Science |
ISBN | : 1610753461 |
Download A Rift in the Clouds Book in PDF, ePub and Kindle
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 | : Lee Epstein |
Publisher | : Harvard University Press |
Total Pages | : 491 |
Release | : 2013-01-07 |
Genre | : Law |
ISBN | : 0674070682 |
Download The Behavior of Federal Judges Book in PDF, ePub and Kindle
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 | : Sally E. Hadden |
Publisher | : John Wiley & Sons |
Total Pages | : 653 |
Release | : 2013-02-22 |
Genre | : Law |
ISBN | : 1118533771 |
Download A Companion to American Legal History Book in PDF, ePub and Kindle
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 | : Tim Alan Garrison |
Publisher | : University of Georgia Press |
Total Pages | : 350 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0820334170 |
Download The Legal Ideology of Removal Book in PDF, ePub and Kindle
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 | : Glenn McNair |
Publisher | : University of Virginia Press |
Total Pages | : 249 |
Release | : 2009-04-20 |
Genre | : History |
ISBN | : 0813929830 |
Download Criminal Injustice Book in PDF, ePub and Kindle
Criminal Injustice: Slaves and Free Blacks in Georgia’s Criminal Justice System is the most comprehensive study of the criminal justice system of a slave state to date. McNair traces the evolution of Georgia’s legal culture by examining its use of slave codes and slave patrols, as well as presenting data on crimes prosecuted, trial procedures and practices, conviction rates, the appellate process, and punishment. Based on more than four hundred capital cases, McNair’s study deploys both narrative and quantitative analysis to get at both the theory and the reality of the criminal procedure for slaves in the century leading up to the Civil War. He shows how whites moved from the utopian innocence of the colony’s original Trustees, who envisioned a society free of slavery and the depravity it inculcated in masters, to one where slaveholders became the enforcers of laws and informal rules, the severity of which was limited only by the increasing economic value of their slaves as property. The slaves themselves, regarded under the law both as moveable property and--for the purposes of punishment--as moral agents, had, inevitably, a radically different view of Georgia’s slave criminal justice system. Although the rules and procedures were largely the same for both races, the state charged and convicted blacks more frequently and punished them more severely than whites for the same crimes. Courts were also more punitive in their judgment and punishment of black defendants when their victims were white, a pattern of disparate treatment based on race that persists to this day. Informal systems of control in urban households and on rural plantations and farms complemented the formal system and enhanced the power of slaveowners. Criminal Injustice shows how the prerogatives of slavery and white racial domination trumped any hope for legal justice for blacks.
Author | : Timothy S. Huebner |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : HISTORY |
ISBN | : 9780700622696 |
Download Liberty and Union Book in PDF, ePub and Kindle
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.