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The History of the Supreme Court of the United States

The History of the Supreme Court of the United States

Volume 8. Troubled Beginnings of the Modern State, 1888–1910


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

  • Date Published: July 2006
  • availability: Available
  • format: Hardback
  • isbn: 9780521860277

£ 75.99

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About the Authors
  • A highly interpretive and eminently readable study of the Supreme Court during the period in which Melvin Fuller was Chief Justice, offering a complete account of the cases the Court saw during one of the most tumultuous times in U.S. history. The legacy of the Supreme Court at the turn of the century has largely been negative: decisions such as Lochner v. New York (1905), Pollock v. Farmers' Loan & Trust Co. (1895), In re Debs (1895), and Plessy v. Ferguson have been seen by subsequent generations of lawyers and judges as embodying a judicial method and philosophy that should be avoided at all costs. This book places these decisions in their historical context. It rejects the crude instrumental interpretation of these decisions and explains them as the expression of a conception of liberty that has its roots in the founding of the nation.

    • Places the decisions of the Supreme Court in their historical context
    • Offers a complete and comprehensive account of all the Court's cases during this period
    • Highly readable account of the Court at the turn of the twentieth century
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    Product details

    • Date Published: July 2006
    • format: Hardback
    • isbn: 9780521860277
    • length: 446 pages
    • dimensions: 240 x 163 x 37 mm
    • weight: 0.801kg
    • availability: Available
  • Table of Contents

    Part I. The Legacy of Negative Examples:
    1. Legitimacy and history
    2. The identity of the institution
    Part II. Class Conflict and the Supreme Court:
    3. Debs and the maintenance of public order
    4. Pollock - the redistributive function denied
    Part III. The Response to Progressivism:
    5. The Antitrust campaign
    6. Labor legislation and the theory of Lochner
    7. Rate regulation: the assault on Munn v. Illinois
    Part IV. The Concept of the Nation:
    8. The American empire?
    9. Federalism and liberty
    Part V. Liberty Dishonored:
    10. The Chinese cases: citizenship and the claims of procedure
    11. The early free speech cases
    12. Plessy, alas
    13. The end of a tradition?

  • Author

    Owen M. Fiss, Yale University, Connecticut
    Owen M. Fiss is Sterling Professor of Law at Yale Law School. He received his B.A. from Dartmouth College, a B.Phil. from Oxford University, and a LLB from Harvard University. Prior to teaching, he clerked for Thurgood Marshall, then a judge on the Second Circuit, and later for William J. Brennan, a justice of the Supreme Court. He taught at the University of Chicago from 1968 to 1974 and has taught at Yale Law School since 1974 to the present. Professor Fiss's most recent books include: Liberalism Divided (1996); The Irony of Free Speech (1996); A Way Out: America's Ghetto and the Legacy of Racism (2003); and The Law as it Could Be (2003).

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