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

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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.

This expanded edition of White's highly acclaimed study contains a new preface, an updated bibliographical note, and two new chapters.

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Editorial Reviews

From the Publisher

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 Barnes & Noble
Portraits of the most famous appellate judges in history, from John Marshall to Warren Burger, describe their careers & contributions. "An outstanding book..."-- Journal of American History.
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Product Details

  • ISBN-13: 9780195056853
  • Publisher: Oxford University Press, USA
  • Publication date: 12/28/1988
  • Series: Oxford Paperbacks Series
  • Edition description: Expanded Edition
  • Edition number: 1
  • Pages: 576
  • Product dimensions: 5.31 (w) x 8.00 (h) x 1.17 (d)

Meet the Author

G. Edward White is John B. Minor Professor of Law and History at the University of Virginia and is the author of six books, including Patterns of American Legal Thought, Tort Law in America: An Intellectual History, Earl Warren: A Public Life, and The Marshall Court and Cultural Change, 1815-1835.

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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
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