The American Judicial Tradition: Profiles of Leading American Judges / Edition 1

by G. Edward White

Overview

Now available in a newly revised and updated second edition, this highly acclaimed volume presents a series of portraits of the most famous appellate judges in American history from John Marshall to the Burger court.
G. Edward White traces the American judicial tradition through sketches of the careers and contributions of such significant judges as John Marshall, Joseph Story, Roger Taney, Stephen Field, Oliver Wendell Holmes, Louis Brandeis, Charles Evans Hughes, Felix Frankfurter, Hugo Black, Earl Warren, William Brennan, and Sandra Day O'Connor. This expanded edition contains a new preface, an updated bibliographical note, and two new chapters, one on Justice William O. Douglas and one on the Burger Court.

Product Details

ISBN-13:	9780195056853
Publisher:	Oxford University Press
Publication date:	12/01/1988
Series:	Oxford Paperbacks Series
Edition description:	Expanded Edition
Pages:	576
Product dimensions:	5.31(w) x 8.00(h) x 1.18(d)

About the Author

G. Edward White is University Professor and David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is author of several works of biography and law that include the award-winning Oliver Wendell Holmes, Jr., and most recently, Alger Hiss's Looking Glass Wars.

Table of Contents

	Preface to Expanded Edition	vii
	Preface	xiii
	Introduction	1
1.	John Marshall and the Genesis of the Tradition	7
2.	Kent, Story, and Shaw: The Judicial Function and Property Rights	35
3.	Roger Taney and the Limits of Judicial Power	64
4.	Miller, Bradley, Field, and the Reconstructed Constitution	84
5.	Political Ideologies, Professional Norms, and the State Judiciary in the Late Nineteenth Century: Cooley and Doe	109
6.	John Marshall Harlan I: The Precursor	129
7.	The Tradition at the Close of the Nineteenth Century	146
8.	Holmes, Brandeis, and the Origins of Judicial Liberalism	150
9.	The Four Horsemen: The Sources of Judicial Notoriety	178
10.	Hughes and Stone: Ironies of the Chief Justiceship	200
11.	Personal versus Impersonal Judging: The Dilemmas of Robert Jackson	230
12.	Cardozo, Learned Hand, and Frank: The Dialectic of Freedom and Constraint	251
13.	Rationality and Intuition in the Process of Judging; Roger Traynor	292
14.	The Mosaic of the Warren Court: Frankfurter, Black, Warren, and Harlan	317
15.	The Anti-Judge: William O. Douglas and the Ambiguities of Individuality	369
16.	The Burger Court and the Idea of "Transition" in the American Judicial Tradition	421
17.	The Tradition and the Future	460
Appendix	Chronology of Judicial Service	467
	Notes	471
	Bibliographical Note	523
	Index	537

Editorial Reviews

Acclaim for previous editions
"[A]n outstanding book.[A] keenly intelligent and insightful explanation of how American appellate judges have justified the special power they have in this nation."—Journal of American History

Acclaim for previous editions
"White has written a thoughtful and often provocative work. The portraits are lucid, salient and well focused, and they readily suggest the variety of ways in which judges have exercised the personal discretion permitted by institutions of law."—The American Historical Review

Acclaim for previous editions
"...stimulating and highly readable.... The American Judicial Tradition...provides an excellent introduction to some of the most influential American judges and cases [and] like all good books, provokes as many questions as it resolves."—Administrative Law Review

Acclaim for previous editions
"[P]rovide[s] a trenchant insight into the professional background, commitments, and jurisprudence of those jurists as well as a genuine understanding of the historical periods in which they functioned. We are all in Professor White's debt for a major achievement."—Virginia Law Review

From the Publisher