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1 Burnside Law- Biographies and Memoirs

Other titles in the Studies in Legal History series:

Republic According to John Marshall Harlan (Studies in Legal History)

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Republic According to John Marshall Harlan (Studies in Legal History) Cover

 

Synopses & Reviews

Publisher Comments:

Supreme Court Justice John Marshall Harlan (1833-1911) is best known for condemning racial segregation in his dissent from Plessy v. Ferguson in 1896, when he declared, "Our Constitution is color-blind." But in other judicial decisions—as well as in some areas of his life—Harlan's actions directly contradicted the essence of his famous statement. Similarly, Harlan was called the people's judge for favoring income tax and antitrust laws, yet he also upheld doctrines that benefited large corporations.

Examining these and other puzzles in Harlan's judicial career, Linda Przybyszewski draws on a rich array of previously neglected sources—including the verbatim transcripts of his 1897-98 lectures on constitutional law, his wife's 1915 memoirs, and a compilation of opinions, drawn up by Harlan himself, that he wanted republished. Her thoughtful examination demonstrates how Harlan inherited the traditions of paternalism, nationalism, and religious faith; how he reshaped these traditions in light of his experiences as a lawyer, political candidate, and judge; and how he justified the vision of the law he wrote.

An innovative combination of personal and judicial biography, this book makes an insightful contribution to American constitutional and intellectual history.

Synopsis:

Combining judicial and personal biography, this book illuminates the legal thinking and vision of Supreme Court Justice John Marshall Harlan, who served from 1877-1911.

Table of Contents

CONTENTS

Acknowledgments

Introduction

1 The Best Type of Slave-holders: A Family Ethic of Paternalism

2 Little or No Scope for Originality: Law, Religion, and the Union

3 An Opportunity to Make a Record: The Judge's Role

4 Every True Man Has Pride of Race: Civil Rights, Social Rights, and Racial Identity

5 The Hopes of Freemen Everywhere: Anglo-Saxonism and the Spanish-American War

6 This Age of Money Getting: Constitutional Nationalism and Free Labor

7 You May Rightfully Aspire: Manhood and Success in the Republic

Conclusion

Appendix: Harlan's List of Opinions for Publication

Notes

Bibliography

Index

Illustrations

Tintype of John Marshall Harlan, circa 1903 frontispiece

Malvina Harlan

James Harlan

Robert James Harlan

John Marshall Harlan and Malvina French Shanklin

Harlan raised his own Union regiment, the 10th Kentucky Infantry, in September 1861

New York Avenue Presbyterian Church in Washington, D.C., in 1903

Portrait of the Centennial Bench of Elders of the New York Avenue Presbyterian Church in 1903

Harlan and Augustus E. Willson at Transylvania University in 1908

1882 photograph of the U.S. Supreme Court

1911 photograph of the U.S. Supreme Court

Front page of the 17 February 1898 issue of the New York World depicting the explosion of the U.S. battleship Maine in the harbor at Havana, Cuba

Cartoon on the cover of the 11 June 1898 issue of Judge depicting the Philippines as a dark-skinned, primitive, and noisy infant

James Shanklin Harlan

Cartoon in the 7 September 1898 issue of Puck depicting Standard Oil as an octopus

John Maynard Harlan

Richard Davenport Harlan

Product Details

ISBN:
9780807847893
Author:
Przybyszewski, Linda
Publisher:
University of North Carolina Press
Location:
Chapel Hill, N.C. :
Subject:
Biography
Subject:
Legal History
Subject:
Judges
Subject:
Constitutional law
Subject:
Lawyers & Judges
Subject:
Harlan, john marshall, 1833-1911
Subject:
Constitutional law -- United States.
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
United States Biography.
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
Supreme Court; John Marshall Harlan; paternalism; religious faith; constitutional nationalism; civil rights; Insular Cases; color-blind rule; free labor ideology; Bill of Rights; liberty of contract; substantive due process; income tax; anti-trust
Subject:
Supreme court
Subject:
John Marshall Harlan
Subject:
Paternalism
Subject:
religious faith
Subject:
constitutional nationalism
Subject:
Civil Rights
Subject:
Insular Cases
Subject:
color-blind rule
Subject:
free labor ideology
Subject:
Bill of Rights
Subject:
Liberty of contract
Subject:
substantive due process
Subject:
Income tax
Subject:
Antitrust
Subject:
Biography-Lawyers and Judges
Subject:
Insular Cas
Subject:
Es
Subject:
Constitution
Subject:
al nationalism
Copyright:
Edition Description:
Paperback
Series:
Studies in Legal History Paperback
Publication Date:
September 1999
Binding:
TRADE PAPER
Grade Level:
General/trade
Language:
English
Illustrations:
Yes
Pages:
304
Dimensions:
9.25 x 6.13 in

Related Subjects

Biography » Lawyers and Judges
History and Social Science » Law » Biographies and Memoirs
History and Social Science » Law » General
History and Social Science » World History » General

Republic According to John Marshall Harlan (Studies in Legal History) Used Trade Paper
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Product details 304 pages University of North Carolina Press - English 9780807847893 Reviews:
"Synopsis" by , Combining judicial and personal biography, this book illuminates the legal thinking and vision of Supreme Court Justice John Marshall Harlan, who served from 1877-1911.
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