The Southern Judicial Tradition

The Southern Judicial Tradition

Author: Timothy S. Huebner

Publisher: University of Georgia Press

Published: 2011-07-01

Total Pages: 280

ISBN-13: 0820342289

DOWNLOAD EBOOK

He exposes the myth of southern leniency in appellate homicide decisions and also shows how the southern judiciary contributed to and reflected larger trends in American legal development."--BOOK JACKET.


The Southern Tradition at Bay

The Southern Tradition at Bay

Author: Richard M. Weaver

Publisher: Simon and Schuster

Published: 2021-04-27

Total Pages: 418

ISBN-13: 1684511852

DOWNLOAD EBOOK

While Richard M. Weaver is best known for the classic Ideas Have Consequences, the foundation of his career was this study of his native South. Calling the Southern tradition "the last non-materialist civilization in the Western world," he traced its roots to feudalism, chivalry, religiosity, and aristocratic conventions. The Old South, he concluded, "may indeed be a hall hung with splendid tapestries in which no one would care to live; but from them we can learn something of how to live." Weaver’s exploration of the ideals and ideas of the Southern tradition as expressed in the military histories, autobiographies, diaries, and novels of the era following the Civil War—especially those written by the men and women on the losing side—is offered to a new generation of readers for whom that tradition has fallen into disrepute and who can scarcely imagine a life rooted in nature, the soil, and a powerful sense of honor. The Southern Tradition at Bay is, as Jeffrey Hart noted, the work of a man who admired what "is admirable indeed, and that is the foundation of wisdom and indeed sanity."


Slave Law in the American South

Slave Law in the American South

Author: Mark V. Tushnet

Publisher:

Published: 2003

Total Pages: 444

ISBN-13:

DOWNLOAD EBOOK

Tying together legal, historical, social, political and literary strands to show how the law itself was implicated in the persistence of slavery, this work sheds new light on slavery and Southern history, as it probes the conscience of a troubled jurist incapable of fully transcending his times.


The Legal Ideology of Removal

The Legal Ideology of Removal

Author: Tim Alan Garrison

Publisher: University of Georgia Press

Published: 2009

Total Pages: 350

ISBN-13: 0820334170

DOWNLOAD EBOOK

This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.


A Rift in the Clouds

A Rift in the Clouds

Author: Brent J. Aucoin

Publisher: University of Arkansas Press

Published: 2007-08-01

Total Pages: 186

ISBN-13: 1610753461

DOWNLOAD EBOOK

A Rift in the Clouds chronicles the efforts of three white southern federal judges to protect the civil rights of African Americans at the beginning of the twentieth century, when few in the American legal community were willing to do so. Jacob Treiber of Arkansas, Emory Speer of Georgia, and Thomas Goode Jones of Alabama challenged the Supreme Court's reading of the Reconstruction amendments that were passed in an attempt to make disfranchised and exploited African Americans equal citizens of the United States. These unpopular white southerners, two of whom who had served in the Confederate Army and had themselves helped to bring Reconstruction to an end in their states, asserted that the amendments not only established black equality, but authorized the government to protect blacks. Although their rulings won few immediate gains for blacks and were overturned by the Supreme Court, their legal arguments would be resurrected, and meet with greater success, over half a century later during the civil rights movement.


A Companion to American Legal History

A Companion to American Legal History

Author: Sally E. Hadden

Publisher: John Wiley & Sons

Published: 2013-02-22

Total Pages: 598

ISBN-13: 1118533763

DOWNLOAD EBOOK

A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas


Criminal Injustice

Criminal Injustice

Author: Glenn McNair

Publisher: University of Virginia Press

Published: 2009-04-20

Total Pages: 249

ISBN-13: 0813929830

DOWNLOAD EBOOK

Criminal Injustice: Slaves and Free Blacks in Georgia’s Criminal Justice System is the most comprehensive study of the criminal justice system of a slave state to date. McNair traces the evolution of Georgia’s legal culture by examining its use of slave codes and slave patrols, as well as presenting data on crimes prosecuted, trial procedures and practices, conviction rates, the appellate process, and punishment. Based on more than four hundred capital cases, McNair’s study deploys both narrative and quantitative analysis to get at both the theory and the reality of the criminal procedure for slaves in the century leading up to the Civil War. He shows how whites moved from the utopian innocence of the colony’s original Trustees, who envisioned a society free of slavery and the depravity it inculcated in masters, to one where slaveholders became the enforcers of laws and informal rules, the severity of which was limited only by the increasing economic value of their slaves as property. The slaves themselves, regarded under the law both as moveable property and--for the purposes of punishment--as moral agents, had, inevitably, a radically different view of Georgia’s slave criminal justice system. Although the rules and procedures were largely the same for both races, the state charged and convicted blacks more frequently and punished them more severely than whites for the same crimes. Courts were also more punitive in their judgment and punishment of black defendants when their victims were white, a pattern of disparate treatment based on race that persists to this day. Informal systems of control in urban households and on rural plantations and farms complemented the formal system and enhanced the power of slaveowners. Criminal Injustice shows how the prerogatives of slavery and white racial domination trumped any hope for legal justice for blacks.


North Carolina

North Carolina

Author: William A. Link

Publisher: John Wiley & Sons

Published: 2018-01-16

Total Pages: 536

ISBN-13: 1118833600

DOWNLOAD EBOOK

Did You Know? This book is available as a Wiley E-Text. The Wiley E-Text is a complete digital version of the text that makes time spent studying more efficient. Course materials can be accessed on a desktop, laptop, or mobile device—so that learning can take place anytime, anywhere. A more affordable alternative to traditional print, the Wiley E-Text creates a flexible user experience: Access on-the-go Search across content Highlight and take notes Save money! The Wiley E-Text can be purchased in the following ways: Check with your bookstore for available e-textbook options Wiley E-Text: powered by VitalSource ISBN: 978-1-118-83353-7 Directly from: www.wiley.com/wiley-blackwell


JACKSON'S JUDGES

JACKSON'S JUDGES

Author: John Gregory Jacobsen

Publisher: Covenant Books, Inc.

Published: 2024-10-16

Total Pages: 319

ISBN-13:

DOWNLOAD EBOOK

During his two terms as Chief Executive, Andrew Jackson made six appointments to the United States Supreme Court, more than any nineteenth-century president. Ranging from the famous to the virtually unknown, this group together reflected what may be described as their appointer's nationalist-states' rights dual constitutional personality. They consisted of three late Marshall Court appointees: John McLean of Ohio in 1829, Henry Baldwin of Pennsylvania in 1830, and James Wayne of Georgia in 1835, and three appointments at the onset of the Taney era: Roger Taney of Maryland and Philip Barbour of Virginia in 1836, and John Catron of Tennessee in 1837. Together, these six justices transformed the Supreme Court. Although two earlier-appointed justices sat on the bench into the 1840s, and despite twelve additional appointments made under seven subsequent presidents, Jackson's judges, at least until the four wartime appointments of Abraham Lincoln, formed the core of the Taney Court. Such dominance did not equal unity, however, as Justices McLean and Wayne proved strong nationalists. Nor were Jackson's picks the Court's most extreme members of the antebellum era, for Martin Van Buren's two later appointments became the most agrarian, states-rights voices of the Taney era. Jackson's judges, like the Court itself, elude simple categorization. As a study, Jackson's Judges examines the lives and jurisprudence of his six Supreme Court appointments. Its uniqueness lies in the framework; the subject is not the Marshall or Taney Court, but Jackson's judges. Joining judicial biography with case analysis, the study examines each justice in separate chapters, forming six largely self-contained, legal-focused biographies. Analysis includes personal information, political connections, and jurisprudential background and credentials. The heart of each chapter is an in-depth analysis of the subject's most profound or trademark opinion. Each justice is then considered for his contribution to constitutional history. Following a survey of the Marshall and Taney Courts is an analysis of the life and presidency of Andrew Jackson with special emphasis on his background and relationship with judiciaries. This fascinating study shows how, through six appointments to the United States Supreme Court, Andrew Jackson reflected his own dual constitutional personality while doing more than any nineteenth-century president to shape the American nation.


A History of the Tennessee Supreme Court

A History of the Tennessee Supreme Court

Author:

Publisher: Univ. of Tennessee Press

Published: 2002

Total Pages: 484

ISBN-13: 9781572331785

DOWNLOAD EBOOK

In this first comprehensive history of the Tennessee Supreme Court, seven leading scholars explore the role played by the Court in the social, economic, and political life of the state. Charting the evolution and organization of the Court (and its predecessor, the Superior Court of Law and Equity), the authors also assess the work of the Court within the larger context of the legal history of the South. Arranged chronologically, this volume covers the period from statehood in 1796 through the judicial election of 1998 and traces the range of contentious issues the Court has faced, including slavery, Reconstruction, economic rights, the regulation of business, and race and gender relations. The authors also outline the Court's relationship with the Supreme Court of the United States and chronicle the achievements of the Court in public and private law, state constitutional law, property law, criminal justice, and family law. The central themes that emerge include the nature of federalism, the search for judicial independence, and the practice of judicial review. As the authors demonstrate, the work of the Tennessee Supreme Court highlights the importance of state courts to the federal system and illuminates the interplay between regionalism and national norms in shaping a state's legal culture. Indeed, as mediator of conflicts between traditional southern values and national economic and social trends, the Court has generally, if sometimes belatedly, adopted national legal standards. Further, while the Court has tended to defer to the state's legislative decision-making process, it has on occasion assumed a more activist role in order to assert individual rights for Tennessee's citizens. Sponsored by the Tennessee Supreme Court Historical Society, this book is written for anyone interested in Tennessee history in general or legal history in particular. Appendixes include a comprehensive table of cases and biographical information about all the Court's judges. The Editor: James W. Ely Jr. is Milton R. Underwood Professor of Law and professor of history at Vanderbilt University. His books include The Chief Justiceship of Melville W. Fuller, 1888-1910 and The Guardian of Every Other Right: A Constitutional History of Property Rights. He is also the series editor of the six-volume Property Rights in American History.