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The Oliver Wendell Holmes Devise History of the Supreme Court of the United States

The Oliver Wendell Holmes Devise History of the Supreme Court of the United States
Volume 6 Set
Volume 6 Hardback Set

$340.00 (R)

Part of Oliver Wendell Holmes Devise History of the Supreme Court of the United States

  • Date Published: June 2010
  • availability: In stock
  • format: Multiple copy pack
  • isbn: 9780521190022

$ 340.00 (R)
Multiple copy pack

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About the Authors
  • The two volumes collectively entitled Reconstruction and Reunion, 1864–1888 comprise the sixth volume of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. In these volumes, Charles Fairman examines the activity of the Supreme Court during the tenure of Chief Justices Salmon P. Chase and Morrison R. Waite, considering issues of procedure, doctrine, technicalities of pleading, and the precedents and consequences of the Court’s work. The first of the two volumes is devoted to judicial politics and the internal history of the Court during the politically and constitutionally turbulent Reconstruction period. Fairman considers the Supreme Court’s role in Reconstruction and its relationship to presidential and congressional Reconstruction policies. The second of the two volumes examines specific issues that confronted the Court during this period and provides a comprehensive discussion of the Thirteenth and Fourteenth Amendments and the Civil Rights Act. The concluding chapter is a summation of Salmon P. Chase’s chief justiceship and the significance of his tenure for the Supreme Court and its history.

    • A comprehensive history of the Supreme Court during a crucial period in the nation's history
    • In-depth discussion of the Court's decisions during this time, with special focus on the 13th, 14th, and 15th Amendments and civil rights
    • Now updated with a new general editor's foreword by Stanley N. Katz
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    Reviews & endorsements

    'This almost-immovable feast will guide and inform generations to come; any serious collection or library worth using will have a copy. Determined readers, blessed with good eyesight and sturdy bookrests, will exploit it as a standard by which to measure others' more modestly conceived efforts.' Harold M. Hyman, The American Historical Review

    'Eschewing concepts such as judicial activism and judicial restraint, Fairman for the most part avoids generalization and interpretative summary. An admirer of Thayer and Frankfurter, he writes with judicious restraint and a keen appreciation for the difficulties faced by the court in this period of constitutional stress.' Herman Belz, University of Maryland

    'Charles Fairman's magisterial volume sets an Olympian standard for the Holmes Devise History of the Supreme Court…[H]is book is considerably more than a compendium. It is as well a creative work of historical scholarship. Never before has the political, social, and ideological context of the Court's decisions been set forth with such learning, or with such sensitivity to the surrounding milieu. Professor Fairman has produced a magnum opus. Its appearance is a notable event in the history of American legal scholarship.' Morton Keller, Harvard Law Review

    'Finally, my summary view of Fairman's work: the book is an awesome, if sometimes excruciatingly discursive, accomplishment. Its forbidding scope and excellence of detail have to be experienced rather than read about. For once, nomen est omen: the author bends over backward to be fair to all the data he has collected - and that is almost all the data there is.' Gerhad Casper, Columbia Law Review

    'In this massive text (with a table of cases containing about 1,250 entries), Fairman has considered in great depth a far larger portion of the Court's decisions than has any previous scholar … [A]s an authoritative reference work which provides an elaborate and comprehensive tracing of doctrinal lines from one case to another - lines drawn expertly across formal topical boundaries - Reconstruction and Reunion will long stand as an indispensable tool for new scholarship.' Harry N. Scheiber, The American Journal of Legal History

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    Product details

    • Date Published: June 2010
    • format: Multiple copy pack
    • isbn: 9780521190022
    • length: 1624 pages
    • dimensions: 320 x 250 x 157 mm
    • weight: 2.49kg
    • availability: In stock
  • Table of Contents

    Vol. 6, Part 1A:
    1. Chief Justice Chase
    2. The work of the Supreme Court
    3. Reconstruction - by Lincoln and by Johnson
    4. December term 1865: the current quickens
    5. The Milligan and Test Oath cases
    6. Congressional reconstruction: legislation - the Act of March 2, 1867
    7. Supplementary legislation: reflections
    8. The Court and congressional reconstruction: March to May 1867
    9. The background of further litigation
    10. Ex parte McCardle and Georgia v. Grant, Meade et al.
    11. Chief Justice Chase and the presidency, 1868
    12. Ex parte Yerger, and the close of congressional reconstruction
    13. A union of “indestructible states”: Virginia v. West Virginia and Texas v. White. Vol. 6, Part 1B:
    14. The Legal Tender Cases
    15. Consequences of the confederacy I: confiscation, clemency, and contracts
    16. Consequences of the confederacy II: the cotton tax, and a church schism
    17. Municipal bonds I: conflict in Iowa
    18. Municipal bonds II: from 1870
    19. The Thirteenth Amendment and the Civil Rights Act
    20. The Civil Rights Act reconsidered, and the Fourteenth Amendment
    21. Privileges of citizens of the United States: the Slaughter House Cases
    22. The Chief Justiceship of Chase
    Table of cases.

  • Author

    Charles Fairman, Harvard Law School
    Charles Fairman (1897–1988) was Professor of Law at the Harvard Law School. He was the author of numerous articles and books, including The Law of Martial Rule (1930) and Mr. Justice Miller and the Supreme Court (1939). In 1948 he published his casebook, American Constitutional Decisions, and a year later, he published his classic article, 'Does the Fourteenth Amendment Incorporate the Bill of Rights?'

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