The Great Dissenter
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The Great Dissenter
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Author : Peter S. Canellos
language : en
Publisher: Simon and Schuster
Release Date : 2022-06-28
The Great Dissenter written by Peter S. Canellos and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-28 with Biography & Autobiography categories.
The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --
The Great Dissenter
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Author : Peter S. Canellos
language : en
Publisher: Simon and Schuster
Release Date : 2021-06-08
The Great Dissenter written by Peter S. Canellos and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-08 with Biography & Autobiography categories.
The “superb” (The Guardian) biography of an American 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, John Marshall Harlan’s words 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. So 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 US. 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 a “magnificent” (Douglas Brinkley) and “thoroughly researched” (The New York Times) rendering of the American legal system’s most significant failures and most inspiring successes.
John Marshall Harlan
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Author : Tinsley E. Yarbrough
language : en
Publisher: Oxford University Press
Release Date : 1992-03-12
John Marshall Harlan written by Tinsley E. Yarbrough and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-03-12 with Biography & Autobiography categories.
When David Souter was nominated by President Bush to the Supreme Court, he cited John Marshall Harlan as his model. It was an interesting choice. Admired by conservatives and deeply respected by his liberal brethren, Harlan was a man, as Justice William Brennan lamented, whose "massive scholarship" has never been fully recognized. In addition, he was the second Harlan to sit on the Court, following his grandfather--also named John Marshall Harlan. But while his grandfather was an outspoken supporter of reconstruction on a conservative court, the younger Harlan emerged as a critic of the Warren Court's liberal expansion of civil liberties. Now, in the first biography of this important but neglected jurist, Tinsley Yarbrough provides a detailed account of Harlan's life, from his privileged childhood to his retirement and death. Yarbrough examines the forces and events which shaped the Justice's jurisprudence--his early life and often complex family relationships, education at Princeton and Oxford, his work as a prosecutor during Prohibition, Republican Party activities, wartime service in the Army Air Force, and years as one of the nation's preeminent corporate lawyers (a career culminating in his defense of the du Pont brothers in the massive DuPont-GM antitrust suit). The book focuses, however, on Harlan's years on the high bench. Yarbrough weaves together discussions of the Justice's relations with his brethren, clerks, and staff, an examination of Harlan's role in the decision-making process on the Court, and an analysis of his jurisprudence. The Justice's approach to constitutional interpretation exalted precedent, deference to governmental power, and narrow decisions closely tied to case facts; but he also accepted an evolving, creative model of constitutional construction which permitted expansive readings of constitutional rights. Yarbrough's details Harlan's close relationship with Justice Frankfurter, showing how--despite their friendship and alliance--Harlan strongly marked out his own position, both personally and judicially, on the Warren and Burger courts. And he examines the substance and significance of his dissents in such famous cases as Miranda and the Pentagon Papers. Intensively researched, smoothly written, and incisively argued, Yarbrough's biography offers an absorbing account of the life and career of a great dissenter, hailed by admirers as a "lawyer's lawyer" and a "judge's judge." Coming at a time when the high court has begun to adopt many of Harlan's principles, this account provides an essential perspective on the Court, civil liberties, and a pivotal figure in the history of both.
Great Australian Dissents
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Author : Andrew Lynch
language : en
Publisher: Cambridge University Press
Release Date : 2016-09-08
Great Australian Dissents written by Andrew Lynch and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-08 with Law categories.
This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.
The Great Dissent
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Author : Thomas Healy
language : en
Publisher: Picador
Release Date : 2014-09-09
The Great Dissent written by Thomas Healy and has been published by Picador this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-09 with History categories.
A gripping intellectual history reveals how Oliver Wendell Holmes became a free-speech advocate and established the modern understanding of the First Amendment No right seems more fundamental to American life than freedom of speech. Yet well into the twentieth century that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court Justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, Thomas Healy reconstructs in vivid detail Holmes's journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends. Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.
John Marshall Harlan
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Author : Loren P. Beth
language : en
Publisher: University Press of Kentucky
Release Date : 2014-07-11
John Marshall Harlan written by Loren P. Beth and has been published by University Press of Kentucky this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-11 with Biography & Autobiography categories.
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 Dissenter John Marshall Harlan 1833 1911
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Author : Frank Brown Latham
language : en
Publisher:
Release Date : 1970
The Great Dissenter John Marshall Harlan 1833 1911 written by Frank Brown Latham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Biography & Autobiography categories.
I Dissent
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Author : Mark Tushnet
language : en
Publisher: Beacon Press
Release Date : 2008-06-01
I Dissent written by Mark Tushnet and has been published by Beacon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-01 with Law categories.
For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.
Great Dissenter
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Author : Frank Latham
language : en
Publisher:
Release Date : 1970-05-01
Great Dissenter written by Frank Latham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970-05-01 with categories.
Dissenter In A Great Society
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Author : William Stringfellow
language : en
Publisher: Wipf and Stock Publishers
Release Date : 2006-07-01
Dissenter In A Great Society written by William Stringfellow and has been published by Wipf and Stock Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-01 with Religion categories.
Stringfellow, in Dissenter in a Great Society, is not concerned with partisan politics but applies the standards of biblical prophetism to current attitudes to poverty and property, the continuing war between the races, protest movements, and the search for commitment. As Nat Hentoff said in The Nation, Stringfellow is no liberal. He is a radically relevant Christian - an extremely rare species. He argues that to be a Christian is to be truly human - radically involved in the conflicts and controversies of society. He advocates no naive social gospel, but dares to speak of the liturgy as a political event, and exposes the pietists, pharisees, and do-gooders who betray the idea of Christian involvement. Mary McCarthy has written, Stringfellow has been prompted by a spirit that is like the ghost of Simone Weil.