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Learned Hand
Billings Learned Hand was one of the most influential judges in America. In Learned Hand: The Man and the Judge, Gerald Gunther provides a complete and intimate account of the professional and personal life of Learned Hand. He conveys the substance and range of Hand's judicial and intellectual contributions with eloquence and grace. This second edition features photos of Learned Hand throughout his life and career, and includes a foreword by Ruth Bader Ginsburg. Gunther, a former law clerk for Hand, reviewed much of Hand's published work, opinions, and correspondence. He meticulously describes Hand's cases, and discusses the judge's professional and personal life as interconnected with the p...
The Bill of Rights
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The Spirit of Liberty
Learned Hand, by general consent, is one of the most distinguished living Americans. It seemed to Irving Dillard, editor of the editorial page of the St. Louis Post-Dispatch (1949-57), that Judge Hand's non-legal addresses and papers ought to be available in volume form -- and this book is the result. Here, in speeches and articles covering a time-span of sixty-five years, is one of the truly liberal, incisive, and human voices of American life. On such subjects as justice, tolerance, democracy, liberty; on such men as Holmes, Brandeis, Cardozo, Stone, and Hughes; on the preservation of personality, the existence of a common will, the meaning of Americanism -- Judge Hand's living words are creative words with profound and enduring significance. Irving Dillard has supplied an Introduction that is a tribute to Learned Hand, and has prefaced each one of the forty-one addresses and papers with an informative note. The Spirit of Liberty is a heartening book for all Americans.
Henry Friendly, Greatest Judge of His Era
Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.
Reflections on Judging
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by ...
Judge Learned Hand and the Role of the Federal Judiciary
Learned Hand was a federal judge from 1909 to 1951. He served for fifteen years as a district court judge and for twenty,seven years as judge of the United States Circuit Court, Second Circuit, sitting in New York City. This text reviews his opinions especially those relating to the proper function of the federal courts and his defense of the doctrine of judicial restraint.
The Intellectual Sword
A history of Harvard Law School in the twentieth century, focusing on the school’s precipitous decline prior to 1945 and its dramatic postwar resurgence amid national crises and internal discord. By the late nineteenth century, Harvard Law School had transformed legal education and become the preeminent professional school in the nation. But in the early 1900s, HLS came to the brink of financial failure and lagged its peers in scholarly innovation. It also honed an aggressive intellectual culture famously described by Learned Hand: “In the universe of truth, they lived by the sword. They asked no quarter of absolutes, and they gave none.” After World War II, however, HLS roared back. I...
Ideas of the First Amendment
This title is organized for a course centered on the leading thinkers in the tradition: John Milton, James Madison, John Stuart Mill, Learned Hand, Oliver Wendell Holmes, Louis Brandeis, and Alexander Meiklejohn. The full range of contemporary First Amendment issues and doctrines is studied by means of exploring the assumptions, implications, insights, and shortcomings of the classic arguments and landmark cases. The modern trend in favor of a more individual-centered and expansive understanding of the freedom of speech is explored in the last chapter of the casebook, with reference to a number of recent Supreme Court decisions.
The Sense of Justice
In The Sense of Justice, distinguished legal author Markus Dirk Dubber undertakes a critical analysis of the “sense of justice”: an overused, yet curiously understudied, concept in modern legal and political discourse. Courts cite it, scholars measure it, presidential candidates prize it, eulogists praise it, criminals lack it, and commentators bemoan its loss in times of war. But what is it? Often, the sense of justice is dismissed as little more than an emotional impulse that is out of place in a criminal justice system based on abstract legal and political norms equally applied to all. Dubber argues against simple categorization of the sense of justice. Drawing on recent work in moral philosophy, political theory, and linguistics, Dubber defines the sense of justice in terms of empathy—the emotional capacity that makes law possible by giving us vicarious access to the experiences of others. From there, he explores the way it is invoked, considered, and used in the American criminal justice system. He argues that this sense is more than an irrational emotional impulse but a valuable legal tool that should be properly used and understood.
Learned Hand
Throughout his life, Hand believed himself unworthy of the accolades bestowed upon him; self-doubt permeated all aspects of his life.
