A study of the man who led the Supreme Court as the nineteenth century ended and the twentieth began, exploring issues of property, government authority, and more. In this comprehensive interpretation of the Supreme Court during the pivotal tenure of Melville W. Fuller, James W. Ely Jr., provides a judicial biography of the man who led the Court from 1888 until 1910 as well as a comprehensive and thoughtful analysis of the jurisprudence dispensed under his leadership. Highlighting Fuller’s skills as a judicial administrator, Ely argues that a commitment to economic liberty, the security of private property, limited government, and states’ rights guided Fuller and his colleagues in their treatment of constitutional issues. Ely directly challenges the conventional idea that the Fuller Court adopted laissez-faire principles in order to serve the needs of business. Rather, Ely presents the Supreme Court’s efforts to safeguard economic rights not as a single-minded devotion to corporate interests but as a fulfillment of the property-conscious values that shaped the constitution-making process in 1787. The resulting study illuminates a range of related legal issues, including the Supreme Court’s handling of race relations, criminal justice, governmental authority, and private law disputes.
He is also the series editor of the six-volume Property Rights in American History. This is the first book of its kind to solely focus on silicon containing dendritic polymers.
In this fascinating study, Ely examines the legal history of Federalism from its inception in the early American Republic as an abstract and limited concept, throughout its development in the nineteenth century into a more tangible and ...
This book considers the interplay of law, ideology, politics and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights.
Epic in its scope, Railroads and American Law makes a complex subject accessible to a wide range of readers, from legal historians to railroad buffs, and shows the many ways in which a powerful industry brought change and innovation to ...
... W. Jr. The Chief Justiceship of Melville W. Fuller , 1888–1910 . Columbia : University of South Carolina Press , 1995 . Fairman , Charles . Mr. Justice Miller and the Supreme Court , 1862–1890 . Cambridge , MA : Harvard University Press ...
Thomas Campbell Clark was born on September 23, 1899, in Dallas, Texas, to William Clark and Virginia Falls Clark. In later years he preferred the more simple “Tom C. Clark.” His father was a prominent Texas lawyer who served at one ...
“The idea that there was such a thing as a general law—or theory—of contract seems never to have occurred to the [Anglo-American] legal mind until Langdell,” observed Grant Gilmore. In fact, Dennis Patterson ...
LEWIS FRANKLIN POWELL JR . ( 1907–1998 ) : “ A Tribute to Justice Lewis F. Powell , Jr. ” 101 Harvard Law Review 395 ( 1987 ) . “ A Tribute to Justice Lewis F. Powell , Jr. ” 68 Virginia Law Review 161 ( 1982 ) .
James W. Ely , Jr. , describes Fuller's responsibilities as chief justice but broadens his focus to explain the brethren's commitment to federalism in The Chief Justiceship of Melville W. Fuller , 1888-1910 ( Columbia , S.C. , 1995 ) .
If these same people then complain and overturn the Entry Author: Gomez, Ernest Alexander. very law that afforded them so many riches—those ... These affirmations by the Court established what would be called the “Ashwander rules.