A Book of Legal Lists: The Best and Worst in American Law, with 150 Court and Judge Trivia Questions

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Oxford University Press, 17. 4. 1997 - Počet stran: 304
Who are the top ten greatest Supreme Court Justices of all time? Who are the worst ten? Which Supreme Court decision helped lead to the Civil War? What are the ten greatest and worst Supreme Court decisions? What are the ten best courtroom movies? Who was the last to use the Supreme Court spittoon? Who was the first Justice to wear trousers beneath his Supreme Court robes? From John Marshall, the greatest Supreme Court Justice, to Alfred Moore, one of the worst, Bernard Schwartz's A Book of Legal Lists--the first ever compiled--provides the Ten Bests and Worsts in American law (and also includes answers to 150 trivia questions about the legal world). The lists include the greatest dissents and Supreme Court "might have beens;" greatest non-Supreme Court judges (Lemuel Shaw, number one on the Greatest list, played a prominent role in recasting common law into an American mold); greatest and worst non-Supreme Court decisions; greatest law books; lawyers (including Alexander Hamilton, Clarence Darrow "Attorney for the Damned", and Abraham Lincoln); trials; and greatest legal motion pictures. Each list entry has a short essay by Schwartz explaining why it is a best or a worst, and it is in these essays that we gain a wealth of information about the legal world. We learn, for instance, that Sherman Minton, number ten on the Worst Supreme Court Justices list, was such a nonentity that he may be best remembered as the last to use the spittoon provided for each Justice behind the bench. Before he became Chief Justice, William H. Rehnquist was known for playing Trivial Pursuit on the bench, Oliver Wendell Holmes wrote 873 opinions for the Court (the most in its history), and Roger Brooke Taney, number ten on the Greatest Supreme Court Justices list, was the first Chief Justice to wear trousers beneath his robes (his predecessors had always given judgment in knee breeches). Stretching back to the early 1700s, the law and the judges who interpret it have maintained a steady presence in our lives--sometimes for better, sometimes for worse. From disappointments like Plessy v. Ferguson (number two on the Ten Worst Supreme Court Decisions list), which gave the lie to the American ideal "that all men are created equal," to lesser known but no less important decisions such as the 1933 United States v. One Book Called "Ulysses", (number nine on the Ten Greatest Non-Supreme Court Decisions) the landmark First Amendment case that eased the law governing censorship, Bernard Schwartz provides legal experts and non-experts alike with entertaining information in a format that can be found nowhere else.

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Obsah

1 Ten Greatest Supreme Court Justices
3
2 Ten Worst Supreme Court Justices
28
3 Ten Greatest Supreme Court Decisions
47
4 Ten Worst Supreme Court Decisions
68
5 Ten Greatest Dissenting Opinions
87
6 Ten Greatest Supreme Court Might Have Beens
108
7 Ten Greatest NonSupreme Court Judges
129
8 Ten Greatest NonSupreme Court Decisions
153
9 Ten Worst NonSupreme Court Decisions
169
10 Ten Greatest Law Books
189
11 Ten Greatest Lawyers
210
12 Ten Greatest Trials
237
13 Ten Greatest Legal Motion Pictures
260
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Strana 37 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Strana 80 - It is better for all the world if, instead of waiting to execute degenerate offspring for crime or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough.
Strana 98 - To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion.
Strana 55 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Strana 102 - It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.
Strana 244 - ... it is not the cause of a poor printer, nor of New York alone, which you are now trying. No! It may in its consequence affect every freeman that lives under a British government on the Main of America. It is the best cause. It is the cause of liberty...
Strana 51 - We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities?
Strana 52 - We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.
Strana 94 - The Act does not meddle with anything belonging to the States. They may regulate their internal affairs and their domestic commerce as they like. But when they seek to send their products across the State line they are no longer within their rights. If there were no Constitution and no Congress their power to cross the line would depend upon their neighbors. Under the Constitution such commerce belongs not to the States but to Congress to regulate.
Strana 96 - But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas— that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution.

O autorovi (1997)

The late Bernard Schwartz was the Chapman Distinguished Professor of Law at the University of Tulsa. He wrote the definitive judicial biography of Chief Justice Earl Warren, as well as Decision: How the Supreme Court Decides Cases and A History of the Supreme Court.

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