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The Great Chief Justice
John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist. Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law traditio...
The Great Yazoo Lands Sale
In 1795, the Georgia legislature sold the state's western lands (present-day Alabama and Mississippi) to four private land companies. A year later, amid revelations of bribery, a newly elected legislature revoked the sale. This book tells the story of how the great Yazoo lands sale gave rise to the 1810 case in which the Supreme Court, under Chief Justice John Marshall, for the first time ruled the action of a state to be in violation of the Constitution, specifically the contract clause. Truly a landmark case, Fletcher v. Peck established judicial review of state legislative proceedings, provided a gloss on the contract clause, and established the preeminent role of the Supreme Court in pri...
Law and Judicial Duty
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.
The Papers of John Marshall
Papers of John Marshall: Vol. V: Selected Law Cases, 1784-1800
The Papers of John Marshall
Papers of John Marshall: Vol. VIII: Correspondence, Papers, and Selected Judicial Opinions, March 1814-December 1819
The Papers of John Marshall: Correspondence and papers, July 1788-December 1795. Account book, July 1788-December 1795
Papers of John Marshall: Vol. II: Correspondence and Papers, July 1788-December 1795, and Account Book, July 1788-December 1795
The Papers of John Marshall
Papers of John Marshall: Vol. VI: Correspondence, Papers, and Selected Judicial Opinions, November 1800-March 1807
