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The Republic according to John Marshall Harlan (Studies in Legal History)
 
 
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The Republic according to John Marshall Harlan (Studies in Legal History) [Paperback]

Linda Przybyszewski (Author)

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Book Description

Studies in Legal History September 8, 1999
Supreme Court Justice John Marshall Harlan (1833-1911) is best known for condemning racial segregation in his dissent from Plessy v. Ferguson in 1896, when he declared, "Our Constitution is color-blind." But in other judicial decisions—as well as in some areas of his life—Harlan's actions directly contradicted the essence of his famous statement. Similarly, Harlan was called the people's judge for favoring income tax and antitrust laws, yet he also upheld doctrines that benefited large corporations.

Examining these and other puzzles in Harlan's judicial career, Linda Przybyszewski draws on a rich array of previously neglected sources—including the verbatim transcripts of his 1897-98 lectures on constitutional law, his wife's 1915 memoirs, and a compilation of opinions, drawn up by Harlan himself, that he wanted republished. Her thoughtful examination demonstrates how Harlan inherited the traditions of paternalism, nationalism, and religious faith; how he reshaped these traditions in light of his experiences as a lawyer, political candidate, and judge; and how he justified the vision of the law he wrote.

An innovative combination of personal and judicial biography, this book makes an insightful contribution to American constitutional and intellectual history.


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Editorial Reviews

Review

Clearly a book . . . that all judicial scholars will have to take note of in the future.

Law and History Review

An excellent description and analysis of the possible sources and meaning of John Marshall Harlan's judicial decisions.

Journal of American History

This fine book provides a balanced and judicious study of Harlan's jurisprudence.

American Historical Review

The serious student of American history, or its government, can hardly fail to find this densely packed volume rewarding.

Rapport

An excellent contribution to a discourse she invites others to join.

Choice

From the Inside Flap

Combining judicial and personal biography, this book illuminates the legal thinking and vision of Supreme Court Justice John Marshall Harlan, who served from 1877-1911.

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Inside This Book (learn more)
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First Sentence:
The main riddle of John Harlan's life is how a former slaveholder and an opponent of emancipation came to support the legal equality of blacks. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
favorite decisions, civil slavery, judicial biography, income tax case, free labor ideology, family scrapbook, civil rights cases, interstate commerce clause
Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Fourteenth Amendment, Supreme Court, John Maynard, Bill of Rights, New York, Dred Scott, Spanish-American War, James Harlan, John Harlan, Thirteenth Amendment, Standard Oil, Insular Cases, John Marshall Harlan, Sherman Act, Berea College, Library of Congress, Malvina Harlan, Puerto Rico, Declaration of Independence, Native Americans, Centre College, Democratic Party, Fifth Amendment, Frederick Douglass
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