Reviews (4)

This book is a gem...
This book is a gem for anyone interested in the Supreme Court or in this era in particular.It is unlike anything else I have read about the Justices who were part of the Constitutional Revolution of 1937.John Knox's memoir provides a glimpse of people rather than historical figures, and that glimpse explains a lot.His style is conversational and easy to read.And the book is hard to put down.

Sheerly fascinating
This book is a delight to read, and throws light on the Supreme Court in the momentous court year of 1936-37 when the Court was saved by Justice Roberts breaking away from the conservative wing of the Court and upholding New Deal laws which, if they had been held unconstitutional, might well have resulted in changes to the Supreme Court such as FDR had requested.The account by John Knox of how he came to be Justice McReynolds' law clerk and the odd life had to lead as such clerk is of much interest.I have seldom read a memoir of greater interest than is this one.Knox himself is a most unusual person, having a effrontery which amazes one looking at it from the viewpoint of history.The book is magnificently edited, with citations which enable one in this computer age to look up the cases mentioned and live the time with Knox.Knox's subsequent career is also of interest, and poignant.This book is a winner, and anyone interested in Supreme Court history will find reading this book extremely rewarding

The more things change...
From the dying days of Russia's Tsarist courts in which the young Kafka sharpened his perception of the absurd, here, similarly is the prophetic voice of a clerk in the blossoming federal judiciary.

Subjects:  1. Biography / Autobiography    2. Courts - Supreme Court    3. General    4. History    5. History: World    6. Lawyers & Judges    7. Legal History    8. Courts & procedure    9. Law / General   

Reviews (2)

packed with interesting information
Anybody interested in politics and the Supreme Court is bound to be enthralled by this book.It is I suppose mainly a reference book but I read it cover to cover in less than two days.It includes a number of ratings of Presidents, and also ratings of Supreme Court Justices.Each person nominated for the Supreme Court is described, together with a sketch of his (or her) work on the Court after confirmation.Some may disagree with some of the judgments, but in general they resonate well.This is a great book.I noted a few errors and will list them, tho they are minor. On page 189 it is stated that "the key slogan of Eisenhower's campaign in 1952" was "Had enough?"That was the Republican slogan in 1946.The slogan in 1952 was a much milder one:"I Like Ike."On page 345 footnote 14 lists the Senators who voted against Senator Hugo Black's confirmation as Justice of the Supreme Court, and names one of the six Democrats who voted against him as Burke (N.H.)This is an error; Burke was a Senator from Nebraska, not from New Hampshire.On page 364 footnoe 63 gives the citation for United States v. Eichman as 496 U.S. 310 at 4776.This is an obvious error, since no opinion goes on from page 310 to page 4776.I have not checked the page number of the language quoted, but it is not on page 4776 since no volume of the U.S. Reports has that many pages.But these minor errors do not mean the book is poorly edited.In general the editing is quite good.This is a book that any person interested in the Court should own.

Excellent Intellectual Work on the History of the Court
Professor Henry J. Abraham has long been recognized as an expert on the Supreme Court's history and federal judicial appointments process.His book, "Justices, Presidents, and Senators," is newly revised to include information on President Clinton's nominations to the Court (Ginsburg and Breyer).Professor Abraham provides insight on some of the top contenders for the High Court, the politics and process of evaluating potential Supreme Court Justices, and enlightens the reader on the contentious battles before the Senate Judiciary Committee.Read more

Subjects:  1. Courts - General    2. Courts - Supreme Court    3. Executive power    4. History    5. Judges    6. Law    7. Legal History    8. Legal Reference / Law Profession    9. Officials and employees    10. Political History    11. Political questions and judicial power    12. Selection and appointment    13. Supreme Court    14. United States    15. United States - General    16. American history    17. Political Science / General    18. Political leaders & leadership    19. USA   

Reviews (1)

Modern German Positivism
This is perhaps as important a German history as there is. Rather difficult to read without some background in law, nevertheless indispensable to any serious scholar of modern Germany. Wieackerunequivocably indicts positivism (and it's direct ancestor - pandecticism)as a proximate cause of the Nazi debacle. In his view, the extraordinarychanges wrought there, particularly the Industrial Revolution, outstrippeddevelopment of law. The rigidity of the Civil Code of 1900 prevented theintervention of professional jurists in the Weimar crisis, and the Codeitself was too favorable to commercial interests. Essentially, Wieackerargues, German law depended on the auspices of a responsible government tomaintain the balance between big business and the ordinary citizens. Theextirpation of natural law from the legal system shifted the balance towardindustry, and the appearance of an irresponsible legislature led to theextinction of individual rights. He concludes that the Code represented anextreme position in the decades long tug-of-war between the Germanicistsand the Europeanists, and warns that WWII may not have interrupted thenormal swing of the pendulum. ... Read more

Subjects:  1. Civil law    2. Europe    3. Europe - Germany    4. Germany    5. History    6. History: World    7. Law    8. Legal History    9. Legal Reference / Law Profession    10. Philosophy    11. Private Law    12. Taxation    13. Jurisprudence & General Issues    14. Law / Legal History    15. Law | Legal History    16. Private, property, family law   

Reviews (7)

Southern Justice on Trial
"Nothing could prepare a person for the stunning brutality" of another's death, but at 47, Mary Abernathy knew about long vigils watching over the dead. After the murder of a white woman, Lucy Pollard, Pollard's husband screamed robbery and lay all night by his wife's corpse. So did black neighbor Mary Abernathy, eventually the first to be arrested for the murder.
History that reads like fiction
This book is an exceptionally well written account of an almost forgotten murder from rural 1895 Virginia, and the racial and political outcome of the various trials involved. As a practicing attorney, I found much of the courtroom action fascinating, particularly how a lot of the "evidence" against the black defendants was introduced. Hearsay was allowed, and I wonder if it was simply because of the race of the accused, or was it simply the way things were done back in those days. Anyway, the story itself is remarkable, especially because of the many black and white citizens who worked together to help the three women accused in this horrible crime. This was before the Jim Crow south materialized, and a time when the races were not exactly segregated, but in many places lived and worked side by side. There are some very honest and honorable whites involved, and many crusading blacks who sensed the injustice that was being attempted. We may never know who the true murderer or murderers were, but this tale is a cautionary one about jumping to conclusions based solely upon race. We can all learn a great lesson from this book.

Real Life Courtroom Drama
On a June day in 1895, Lucy Jane Pollard was brutally murdered with an ax, and Edward Pollard, her 72 year-old husband, discovered her body.Later, Edward claimed they had also been robbed of over eight hundred dollars in cash and gold coins.In addition, he was fairly certain that some of his wife's dresses and linens were stolen.
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Subjects:  1. Ethnic Studies - African American Studies - Histor    2. History - U.S.    3. Legal History    4. United States - State & Local - South    5. True crime    6. Virginia   

Reviews (4)

Very Interesting; Maybe Too Ambitious; More Off Base Reviews
I am a professor of antitrust law, and I read this book and liked it.I would recommend it primarily to lawyers and historians interested in serious reading about the history of the American polity's attitudes toward and relationship with industry and the relative level of industrial concentration.Bear in mind that Peritz is a _very_ big-picture sort of guy, and a problem with the book is that he perhaps has taken on too ambitious a project.In the legal academy these days everybody seems to be trying very hard to show that they are discovering the deepest, most abstract theoretical explanations of legal phenomena, and the resulting problem is that sometimes they claim to have found explanations that just seem too neat and convenient to possibly be true.I felt this to some extent in reading Peritz's book; you may share my feeling that there is something a little too perfect in his claim to have discovered the opposing "property logic" and "equality logic" that are the fundamental forces governing all competition policy.Also, as noted in a previous review ("Best in its field"), the book is palpably left-leaning, though Peritz himself never seems openly to advocate a particular position. Inaccurate
Unlike the previous reviewer, I agree with the review entitled "A Disappointing Read".As I read the history of antitrust in the US, I am struck by how aware the lawmakers of the late 19th-century were of the fact that the alleged monopolists (such as Standard Oil) caused prices to fall and output to rise. Best in Its Field; Previous Review Off Base
Histories of antitrust are not new, but this has got to be one of the most thorough and carefully considered so far.That probably explains why, even though Peritz is a law professor, it has been so well received amongst historians.Peritz takes an important step beyond most of the current debate about antitrust, recognizing that federal "competition" policy is about more than just one statute.Rather, our nation's perspective on the structure of industry and the relation of industry to government is an all-encompassing political phenomenon, with constitutional and philosophical overtones as broad as any issue concerning the structure of government.Read more

Subjects:  1. Antitrust    2. Antitrust Law    3. Competition    4. Criminology    5. History    6. Law    7. Legal History    8. Legal Reference / Law Profession    9. Social Science    10. Sociology    11. United States    12. United States - 20th Century    13. 20th century    14. Business competition    15. Central government policies    16. Competition law    17. Law / Antitrust    18. Law | Antitrust & Competition Law    19. Political economy    20. USA    21. c 1800 to c 1900   

Subjects:  1. 1891-1974    2. 20th century    3. Courts - Supreme Court    4. History    5. Law    6. Legal History    7. Legal Reference / Law Profession    8. Political questions and judici    9. Political questions and judicial power    10. Supreme Court    11. United States    12. United States.    13. Warren, Earl,    14. Courts & procedure    15. USA    16. c 1945 to c 1960    17. c 1960 to c 1970   

Reviews (2)

An extraordinary treatment of law affecting native peoples
Having studied, taught and practiced Federal Indian law for nearly twenty years, I believe that this is the finest examination of the historical roots of legal colonialism in the Americas yet written. Williams is masterful in his research and examination of the Christian, European foundations for the invasion of the Western Hemisphere. Although I disagree with Williams' conclusions about the writings of Franciscus de Victoria, his discussion of the Elizabethan colonization of Ireland and, through extension of the same legal doctrines, native North America, is excellent.

Required for native/history majors and everyone else in N.A.
This book is a methodically brings the legal thought of the western world into context of how it relates to the American Indian, a necessary background to the subject.This is done by reviewing medival and reformperiod of history, the seperation of church and state and land laws, andfollowed up by the occupation of North America.How this subjecation cameto be and how laws not used equally facilitated the holocast in NorthAmerica.I am glad i read it and have considered doing a second MA at theinstitution Robert A Williams teaches and have bought his second book andlook forward to reading it AFTER i reread the american indian in westernlegal thought (ps keep a dictionary handy). ... Read more

Subjects:  1. Civil Rights    2. Ethnic Studies - Native American Studies    3. Law    4. Legal History    5. Legal Reference / Law Profession    6. Native American    7. History-Native American    8. Human rights    9. Indigenous peoples    10. Law / Civil Rights    11. Law / Legal History    12. Law | Indigenous & Native American Law    13. Private, property, family law    14. Social Science-Ethnic Studies - Native American Studies    15. USA   

Subjects:  1. General    2. History    3. Jewish law    4. Judaism - Sacred Writings    5. Law    6. Legal History    7. Politics / Current Events    8. Reference    9. History of religion    10. Jewish studies    11. Judaism    12. Jurisprudence & philosophy of law    13. Law / Legal History    14. Law | Legal History    15. Social history   

Reviews (2)

Interesting history of legal intellectual thought
Wiecek provides a much needed history of what he calls classical legal thought. Classicism conceptualized law as a neutral, objective system that emphasized individualism and hostility towards state paternalism. Wiecek traces this concept from its roots in antebellum America through the rise at the end of the 19th Century and its collapse in the 1920s and 30s. He explains how classicism dominated and then began to suffer from internal inconsistencies and external academic and judicial assaults, primarily from the legal realists who argued that law was not a neutral, scientific system. Ultimately, Wiecek argues that the collapse of legal classicism created a void; where once a unifying legal ideology stood, only confused fragments were left. Some, such as Frankfurter, embraced judicial restraint in an attempt to maximize democratic choices. Others have attempted to recreate some type of unifying structure, whether emphasizing history, constitutional structure, or moral philosophy, but all have failed.
A Must-Read for Lawyers
Despite the date-span in the book's subtitle, this monograoh examines the full range of American legal history, in order to place in context the theoretical system that dominated American law just prior to the New Deal "revolution" that ushered in the dominant system of today. Any practicing lawyer will benefit immensely from Wiecek's explanation of the antecedents of the legal-realist outlook that most of us, consciously or unconsciously, now adhere to. The book is also cleanly and intelligently written, and draws on a broad range of legal and non-legal sources. Probably too technical for readers who are not lawyers or intellectual historians. ... Read more

Subjects:  1. Law    2. Legal History    3. Legal Reference / Law Profession    4. Philosophy Of Law    5. History of specific subjects    6. Jurisprudence & philosophy of law    7. Law / Legal History    8. Law | Legal History    9. Laws of Other Jurisdictions & General Law    10. USA   

Reviews (2)

The history of how such laws were formulated makes for an involving read
Muslim legal science is a science connected to yet separate from Islamic faith, and THE SPIRIT OF ISLAMIC LAW delves into these connections and differences, examining the main features of Muslim jurisdiction and law, divine texts which are used as legal foundations, interpretations in the attempt to capture the devine as it relates to legal matters, and more. Author Bernard Weiss is a professor of Arabic and Islamic studies at the University of Utah: his treatise is both detailed yet accessible to college-level readers studying Islamic traditions. The history of how such laws were formulated makes for an involving read.
Excellent Work
This book is wonderfully written and easy to understand, even for beginners in the field, such as myself.It outlines the processes by which classical Islamic law and government came into being without being drawn out.Wonderful book. ... Read more

Subjects:  1. Christianity - Canon & Ecclesiastical Law    2. Customary    3. Islam - Law    4. Law    5. Legal History    6. Religion - World Religions    7. Islamic law   

Reviews (2)

Superb overview.
Charles Cutter, professor at Purdue University and all-around nice guy, has written a superb overview of an often overlooked aspect of Spanish frontier history.Son of legendary Borderlands historian Donald Cutter,Charles proves himself a premier historian of the period in his own right.

Superb overview.
Charles Cutter, professor at Purdue University and all-around nice guy, has written a superb overview of an often overlooked aspect of Spanish frontier history.Son of legendary Borderlands historian Donald Cutter,Charles proves himself a premier historian of the period in his own right. ... Read more

Subjects:  1. Europe - Spain & Portugal    2. History    3. History - General History    4. History: American    5. Legal History    6. U.S. Local History - New Southwest States    7. United States - State & Local - General   

Subjects:  1. 1918-    2. Brown, Oliver,    3. Civil Rights    4. Constitutional Law    5. Discrimination in education    6. General    7. History    8. Law    9. Law and legislation    10. Legal History    11. Legal Reference / Law Profession    12. Segregation in education    13. Topeka (Kan.)    14. Trials, litigation, etc    15. Trials, litigation, etc.    16. U.S. - Political And Civil Rights    17. United States    18. Brown, Oliver   

Reviews (5)

Incomplete
I'm guessing that the previous review did not ask for Hale's rebuttal to Hayek but for Fried's.So in that respect it is not anachronistic. Beware of libertarian
Asking for Hale's rebuttal to Hayek is foolish because (a) it is anacronistic and (b) Hale was writing in the field of law, while Hayek was writing in economics. The introduction and an excerpt (which you can see here on Amazon) describe the laissez-faire rhetoric that Hale was refuting. The best reveiw of Robert Hale's work to date
While I certainly cannot agree that this book, or its principal subject, Robert Hale, present anything close to "one of the best demolitions" of laissez-faire, this book is quite intriguing; and Ithink that anyone who is in the business of defending the concepts oflaissez-faire or present-day libertarianism would do well to ponder uponHale's arguments.This is not to say that a full understanding of Hale isessential (it may even be stretching it to say useful) for a completedefense of laissez-faire, but he certainly does present an intellectual andphilisophical challenge for it's adherants. Fried does an excellent job ofdocumenting and reiterating Hale's approach to legal theory and the early20th century thought underlying it - but in the end, we are really onlyleft with Hale's analysis which, while intriguing and ingenious, is littlemore than an intellectual puzzle the ramifications of which even Fried (anevident admirer) expresses some skepticism. Read more

Subjects:  1. Business & Economics    2. Business / Economics / Finance    3. Business/Economics    4. Economic History    5. Economics - General    6. Political    7. Public Policy - Economic Policy    8. 20th century    9. Capitalist or free market economies    10. Economic theory & philosophy    11. Law / Legal History    12. USA    13. c 1800 to c 1900   

Subjects:  1. 18th century    2. 19th century    3. Argentina    4. Buenos Aires    5. Caribbean & West Indies - General    6. Criminal Law - General    7. Criminal justice, Administration of    8. History    9. History: World    10. Legal History    11. Legal Reference / Law Profession    12. Crime & criminology    13. Cultural studies   

Reviews (9)

From Pentagon Papers to NSA Wiretapping: NYT and Freedom of the Press

Speaking Freely
The book provided a real insight into the process of the way that lawyers address the very complexissues related to the First Amendment.

But, seriously, what about campaign financing?
This is a great book in so many ways. Great stories, and a great vision of the First Amendment. But I have to admit that I was let down by the chapter on campaign financing. It didn't bother me that Abrams doesn't agree with me, but I was troubled that he didn't even present the biggest problem with big money politics. Abrams makes much of the fact that Sen. McCain could not identify any specific acts of corruption pre-McCain/Feingold, but actual quid pro quo corruption is not the real reason we need reform. We need reform because politics has become so expensive that the "little guy" can't afford to campaign for office; this results in the systematic exclusion of certain kinds of voices--those of middle and working class Amweicans. We need those voices, too, if we're going to have a real democracy. I would have loved to hear Abrams' pro-First Amendment response to the concern that more voices are actually excluded by the current system than are let in. Mr. Abrams, please tell us why you think we can't change the system to get more voices into the marketplace of political ideas?? ... Read more

Subjects:  1. Constitutional - First Amendment    2. Freedom of speech    3. General    4. Legal History    5. Legal Reference / Law Profession    6. Political Science    7. Politics/International Relations    8. Trials    9. United States    10. Political Science / Political Freedom & Security / General   

Reviews (1)

Mapp v. Ohio
Dr. Long's book about Mapp V. Ohio is an engaging and insightful look into this Supreme Court case that set precedent for many in the future.
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Subjects:  1. Constitutional    2. Criminal Law - General    3. Criminal Procedure    4. Exclusionary rule (Evidence)    5. Law    6. Legal History    7. Legal Reference / Law Profession    8. Searches and seizures    9. United States    10. Constitutional & administrative law    11. Jurisprudence & General Issues    12. USA   

Reviews (1)

Arguing past each other
Philippa Strum's sympathies clearly lie with those who argued for admitting women to the Virginia Military Institute. However, they haven't prevented her from giving us a comprehensive and fairly balanced look at the VMI case from start to ... if not finish, at least to the graduation of the first women to begin the school in the rat line.Read more

Subjects:  1. Constitutional    2. Gender & the Law    3. Law    4. Legal History    5. Legal Reference / Law Profession    6. Military - General    7. Women's Studies - General    8. Constitutional & administrative law    9. Human rights    10. USA   

Reviews (2)

A joy to read for all...
Whether one is interested in History, Law or just seeking some insight into someone who has shaped our world Allen Boyer's work is a pleasure. I must confess my exposure to Sir Edward Coke was rudimentary at best but over the course of this text I became familiar with his accomplishments and gained an intimate insight into Sir Edward Coke's life. Allen Boyer's mastery of the written word is quite apparent and his ability to entertain and bring life to this important historical figure makes the work a true joy to read. His tireless research and familiarity with the subject matter is found in almost every crafted word.
Uncommon champion of the common law
Allen Boyer has produced a worthy successor to Bowen's The Lion and the Throne.
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Subjects:  1. 1552-1634    2. 1558-1603    3. Biography    4. Coke, Edward,    5. England    6. Europe - Great Britain - General    7. Great Britain    8. History    9. History: World    10. Judges    11. Legal History    12. Legal Reference / Law Profession    13. Medieval    14. Politics and government    15. Renaissance    16. Sir,    17. Biography: historical    18. British & Irish history: c 1500 to c 1700    19. English legal system    20. History of specific subjects    21. United Kingdom, Great Britain   

Subjects:  1. Comparative    2. Contracts    3. Law    4. Legal History    5. Legal Reference / Law Profession    6. Property    7. Torts    8. Foundations of law    9. Law / Legal History    10. Law | Legal History    11. Private, property, family law   

Subjects:  1. African Americans    2. Civil Rights    3. Discrimination in education    4. History    5. Law    6. Law and legislation    7. Legal History    8. Segregation in education    9. United States