Search results for: the-great-dissenter

John Marshall Harlan

Author : Tinsley E. Yarbrough
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Describes the life and times of the Republican judge who opposed the liberal expansion of civil liberties advocated by the Warren Court, from his privileged childhood to his days at Princeton and Oxford, to his stormy legal career

The Great Dissenter

Author : Peter S. Canellos
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The definitive, sweeping biography of an American hero who stood against all the forces of Gilded Age America to fight for civil rights and economic freedom: Supreme Court Justice John Marshall Harlan. They say that history is written by the victors. But not in the case of the most famous dissenter on the Supreme Court. Almost a century after his death, it was John Marshall Harlan’s words that helped end segregation, and gave us our civil rights and our modern economic freedom. But his legacy would not have been possible without the courage of Robert Harlan, a slave who John’s father raised like a son in the same household. After the Civil War, Robert emerges as a political leader. With Black people holding power in the Republican Party, it is Robert who helps John land his appointment to the Supreme Court. At first, John is awed by his fellow justices, but the country is changing. Northern whites are prepared to take away black rights to appease the South. Giant trusts are monopolizing entire industries. Against this onslaught, the Supreme Court seemed all too willing to strip away civil rights and invalidate labor protections. As case after case comes before the court, challenging his core values, John makes a fateful decision: He breaks with his colleagues in fundamental ways, becoming the nation’s prime defender of the rights of Black people, immigrant laborers, and people in distant lands occupied by the United States. Harlan’s dissents, particularly in Plessy v. Ferguson, were widely read and a source of hope for decades. Thurgood Marshall called Harlan’s Plessy dissent his “Bible”—and his legal roadmap to overturning segregation. In the end, Harlan’s words built the foundations for the legal revolutions of the New Deal and Civil Rights eras. Spanning from the Civil War to the Civil Rights movement and beyond, The Great Dissenter is an epic rendering of the American legal system’s greatest failures and most inspiring successes.

Norman Thomas

Author : Raymond F. Gregory
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A conscientious objector in two world wars and a relentless advocate for world peace as well as social justice, Norman Thomas was tear-gassed, arrested, and jailed as he stood up for the rights of minorities, immigrants, and the working poor. In addition to being a civil rights activist, Thomas headed the Socialist Party for 18 years, ran for president six times, was a pacifist, and created several institutions to advance world peace and universal disarmament. He strongly and vocally opposed the Vietnam War. This biography highlights the values that lay behind his actions, values which included aspects of socialism but which also conflicted with the views of many Leftists.

The Great Dissenter John Marshall Harlan 1833 1911

Author : Frank Brown Latham
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The Great Dissenter

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Great Dissenter

Author : Frank Latham
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Judicial Enigma

Author : Tinsley E. Yarbrough
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In the decades that followed Reconstruction, the Supreme Court struck down civil rights legislation, validated Jim Crow laws, and stopped the government from regulating big business in almost any form. One justice, however, stood against the conservative trend: John Marshall Harlan. His advocacy of a color-blind Constitution in his powerful dissents established a rich legacy that was validated decades later by the Warren Court. But behind the legal opinions, the great dissenter was a complex, enigmatic, even contradictory man. In Judicial Enigma, Tinsley E. Yarbrough offers the most complete portrait we have ever had of this critical figure. He follows Harlan from antebellum Kentucky, when he was an outspoken Whig and Unionist, through his exploits as a colonel in the Civil War, to his political career before his appointment to the Court in 1877. Harlan's early life presents a fascinating contrast to his later stands on civil rights. Yarbrough shows, for example, that Harlan maintained a wary relationship with his black half-brother Robert (who rose to wealth during the California gold rush and to influence as a prominent Ohio Republican). The future justice also spouted openly racist language as he campaigned in postwar Kentucky--reflecting views he never entirely discarded. Even in later life, the man who became the Court's greatest moral force was not above using his position to escape his many creditors; he also did nothing to save his alcoholic, opium-addicted brother James from dying in a Kentucky almshouse. Yet moral force he was, and Yarbrough deftly explores his astonishing record as he dissented against a roster of decisions that are now considered a roll-call of error and injustice: Plessy vs. Ferguson (validating Jim Crow laws), Lochner vs. New York (overturning a law limiting working hours), the Sugar Trust Case (gutting the Sherman Antitrust Act), and many more. And yet, even here Harlan remained an enigma; as Yarbrough shows, he sometimes contradicted the same sentiments that have since sanctified his memory. In biographies of Justice Hugo Black, Judge Frank Johnson, J. Waties Waring, and John Marshall Harlan's grandson, the second Justice Harlan, Yarbrough has shown himself to be a gifted chronicler of the great figures of American law. In this volume, he offers the most insightful account of the man still remembered as the great dissenter.

The Great Dissenters

Author : Fred Reinfeld
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John Marshall Harlan

Author : Loren P. Beth
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Harlan. Known today to every student of constitutional law, principally for his dissenting opinions in early racial discrimination cases, Harlan was an important actor in every major public issue that came before the Supreme Court during his thirty-three-year tenure. Named by a hopeful father for Chief Justice John Marshall, Harlan began his career as a member of the Kentucky Whig slavocracy. Loren Beth traces the young lawyer's development from these early years through the secession crisis and Civil War, when Harlan remained loyal to the Union, both as a politician and as a soldier. As Beth demonstrates, Harlan gradually shifted during these years to an antislavery Republicanism that still emphasized his adherence to the Whig principles of Unionism and national power as against states' rights. Harlan's Supreme Court career (1877-1911) was characterized by his fundamental disagreement with nearly every judicial colleague of his day. His ultimate stance -- as the Great Dissenter, the champion of civil rights, the upholder of the powers of Congress -- emerges as the logical outgrowth of his pre-Court life. Harlan's significance for today's reader is underlined by the Supreme Court's adoption, beginning in the 1930s, of most of his positions on the Fourteenth Amendment and the Commerce Clause of the Constitution. This fine biography is also an important contribution to constitutional history. Historians, political scientists, and legal scholars will come from its pages with renewed appreciation for one of our judicial giants.

The Great Dissents of the lone Dissenter

Author : Jesse W. Carter
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Jesse W. Carter served as a justice on the California Supreme Court from 1939-1959, where he was known as The Lone Dissenter because he wrote so many solo dissents. Many of these opinions were in passionate defense of civil rights, civil liberties, and the rights of labor, criminal defendants, and personal injury victims. Several of the cases were reversed by the United States Supreme Court, or by later decisions of the California Supreme Court, adopting Justice Carters reasoning. This book combines essays on several of those dissents, written by faculty and friends of Golden Gate University School of Law, where Carter earned his law degree in 1913, as well as an essay on the role of dissenting opinions by another great dissenter, Justice William Brennan.

Great Dissenters

Author : Norman Thomas
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Included: Socrates, Galileo, Thomas Paine, Wendell Phillips, Gandhi.

A Dictionary of Modern Legal Usage

Author : Bryan A. Garner
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A comprehensive guide to legal style and usage, with practical advice on how to write clear, jargon-free legal prose. Includes style tips as well as definitions.

The Common Law

Author : Oliver Wendell Holmes Jr.
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The Common Law is Oliver Wendell Holmes' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings. At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative, both in determining society's current needs and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way, the law evolves by moving out of its past, adapting to the needs of the present, and establishing a direction for the future. To Holmes' way of thinking, this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole.

Sir James Fitzjames Stephen

Author : James A. Colaiaco
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The Great Dissenter

Author : Peter Haberfeld
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The Facets of a Justice

Author : Michael Ryan-Kessler
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United States Supreme Court Associate Justice John Marshall Harlan served on the Court for thirty-four years (1877-1911). Modern historians have named him the "Great Dissenter" due to his opinions where he was alone in his opposition to the majority of his colleagues. Harlan held unpopular views in civil and property rights cases. This paper discusses Harlan's position that fundamental rights protected by the Constitution included civil and political rights for all citizens of the United States. Harlan was not a proponent of racial equality. His stance on upholding the civil rights of African-Americans was not based upon an egalitarian ideology. Harlan was a deeply religious man who came from a Whig political background. His paternalistic Presbyterianism and constitutional federalism led Harlan to conclude that the Reconstruction amendments had altered the structure of the national government. This historical change in the country precipitated changes in John Marshall Harlan's political views.

The Rehnquist Court and the Constitution

Author : Tinsley E. Yarbrough
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Thoughtful, wide-ranging, and intelligently written, this volume is an insightful look at the Rehnquist Court and its impact on law and American life.

The Testimony of the Great Dissenter Selden to the Voluntary Origin of the Endowments of the English Church A Lecture Etc

Author : C. H. Burbidge HAMBLY
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Prophets with Honor

Author : Alan Barth
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The Testimony of the Great Dissenter Selden to the Voluntary Origin of the Endowments of the English Church

Author : C. H. Burbidge-Hambly
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