In Strong Advocate, Thomas Strong, one of the most successful trial lawyers in Missouri’s history, chronicles his adventures as a contemporary personal injury attorney. Though the profession is held in low esteem by the general public, Strong entered the field with the right motives: to help victims who have been injured by defective products or through the negligence of others.
When Clinton Giddings Brown (1882–1964) retired from a long and successful career as a trial lawyer in San Antonio, Texas, fishing on the Gulf Coast was out—by doctor’s orders. So he sat on the front gallery of his house in San Antonio and fished with a lead pencil in the richly stocked memories of his professional life. “Some days I didn’t get a nibble, but some mornings they were biting fine.”
The resultant and delightful catch is the story of a full, merry, and successful life. From the day in 1906 when “Mr. Clint” hung out his shingle in a little office over his father’s bank, through the long succession of “fine scraps, rough and tumble, no holds barred,” which were the jury cases he tried for defendant corporations in personal-injury damage suits, there was not much about the law and about human nature that he did not have the opportunity to learn.
The first client in the little office was Charlie Ross, a Pullman porter who wanted to make sure that the title on his new house was clear. The fee was $15, and Charlie was his friend for life. In the pages that follow the reader will meet many other unforgettable characters, including Dr. John Brinkley, the man who made a million dollars a year from his goat-gland operation until Dr. Morris Fishbein called him a “quack”; old Jim Wheat, who killed a white man, and Jim’s little grandson Lige, who knew what God would do to him if he told lies in court; Bosco, who forgot his complete paralysis when the lady lure came into the picture; and pretty little Mary, whom the jury loved.
Brown was elected district attorney for Bexar County, Texas, in 1913 and became mayor of San Antonio the following year; in the latter office he served two terms, resigning to join the Army in the First World War. On his return from France he was invited to work with a law firm that represented many large corporations, among them the Public Service Company, which ran San Antonio’s streetcar and bus lines, and the Southern Pacific Railroad. Soon made a partner, he remained with the firm until his retirement, and through a quarter of a century tried about as many jury cases as any other attorney in the city.
You May Take the Witness is a book for anyone who has ever felt the fascination of courtrooms and trials, and who has not? It is also a book in which lawyers will find an excellent refresher course for both mind and spirit. Here are invaluable tips on all the ins-and-outs of jury trial, not from the flat dimensions of a law-school text but from the full, real world of actual trials and the men and women involved. Brown tells how to handle witnesses and to pick juries, when to object and when not to object. The most important lesson of all, he says, is to value the jury and be an honest person before them. “The jury is decent, so you be decent, and ‘be yourself.’”
It is clear that Clinton Giddings Brown succeeded as a lawyer because he succeeded as a human being, just as it is clear that he knows how to tell story after fine story because he enjoyed living each episode of his life to its fullest.
Clarence Darrow, son of a village undertaker and coffinmaker, rose to become one of America’s greatest attorneys—and surely its most famous. The Ohio native gained renown for his central role in momentous trials, including his 1924 defense of Leopold and Loeb and his defense of Darwinian principles in the 1925 Scopes “Monkey Trial.” Some have traced Darrow’s lifelong campaign against capital punishment to his boyhood terror at seeing a Civil War soldier buried—and no client of Darrow’s was ever executed, not even black men who were accused of murder for killing members of a white mob.
Closing Arguments: Clarence Darrow on Religion, Law, and Society collects, for the first time, Darrow’s thoughts on his three main preoccupations, revealing a carefully conceived philosophy expressed with delightful pungency and clarity. His thoughts on social issues, especially on the dangers of religious fundamentalism, are uncannily prescient. A dry humor infuses his essays, and his reflections on himself and his philosophy reveal a quiet dignity at the core of a man better known for provoking Americans during an era of unprecedented tumult. From the wry “Is the Human Race Getting Anywhere?” to the scornful “Patriotism” and his elegiac summing up, “At Seventy-two,” Darrow’s writing still stimulates, pleases and challenges.
A rebel who always sided intellectually and emotionally with the minority, Darrow remains a figure to contend with sixty-seven years after his death. “Inside every lawyer is the wreck of a poet,” Darrow once said. Closing Arguments demonstrates that, in his case, that statement is true.
Bolin was appointed to New York City's domestic relations court in 1939 for the first of four ten-year terms. When she retired in 1978, her career had extended well beyond the courtroom. Drawing on archival materials as well as a meeting with Bolin in 2002, historian Jacqueline A. McLeod reveals how Bolin parlayed her judicial position to impact significant reforms of the legal and social service system in New York.
Beginning with Bolin's childhood and educational experiences at Wellesley and Yale, Daughter of the Empire State chronicles Bolin's relatively quick rise through the ranks of a profession that routinely excluded both women and African Americans. Deftly situating Bolin's experiences within the history of black women lawyers and the historical context of high-achieving black New Englanders, McLeod offers a multi-layered analysis of black women's professionalization in a segregated America.
Linking Bolin's activist leanings and integrationist zeal to her involvement in the NAACP, McLeod analyzes Bolin's involvement at the local level as well as her tenure on the organization's national board of directors. An outspoken critic of the discriminatory practices of New York City's probation department and juvenile placement facilities, Bolin also co-founded, with Eleanor Roosevelt, the Wiltwyck School for boys in upstate New York and campaigned to transform the Domestic Relations Court with her judicial colleagues. McLeod's careful and highly readable account of these accomplishments inscribes Bolin onto the roster of important social reformers and early civil rights trailblazers.
Every Wrong Direction recreates and dissects the bitter education of Dan Burt, an American émigré who never found a home in America. It begins in the row homes of Jewish immigrants and working-class Italians on the mean streets of 1950s South Philadelphia. Every Wrong Direction follows the author from the rough, working-class childhood that groomed him to be a butcher or charter boat captain, through America, Britain and Saudi Arabia as student, lawyer, spy, culture warrior, and expatriate, ending with a photo of his college rooms at St John’s College, Cambridge. Between this beginning and end, through a Philadelphia commuter college, to Cambridge, then Yale Law School, across the working to upper classes, three countries, and seven cities over 43 years, it maps his pursuit of, realization, disillusionment with and abandonment of America and the American Dream.
Praise for Dan Burt's previous memoir, You Think It Strange:
“Burt’s early life was indeed a triumph of wit and will. He managed to escape a world filled with violence and a culture that valued street smarts over book smarts, all the while knowing that just about everyone around him thought little of his prospects. That he made it out at all is extraordinary. That he became a successful lawyer and writer is virtually unimaginable.” —Commonweal
“Dan Burt is a fine poet, and this memoir has all the sensitivity and vigilance you might expect from a writer with such a background. But his prose also has a robustness and documentary power that continually startles and engages. As it combines these things, You Think It Strange catches the strangeness of the world and makes it familiar.”
—Sir Andrew Motion, Poet Laureate of the United Kingdom, 1999-2009
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, David M. Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.
During his time on the Court of Appeals for the Second Circuit (1959–1986), Judge Friendly was revered as a conservative who exemplified the tradition of judicial restraint. But he demonstrated remarkable creativity in circumventing precedent and formulating new rules in multiple areas of the law. Henry Friendly, Greatest Judge of His Era describes the inner workings of Friendly’s chambers and his craftsmanship in writing opinions. His articles on habeas corpus, the Fourth Amendment, self-incrimination, and the reach of the state are still cited by the Supreme Court.
Dorsen draws on extensive research, employing private memoranda between the judges and interviews with all fifty-one of Friendly’s law clerks—a veritable Who’s Who that includes Chief Justice John R. Roberts, Jr., six other federal judges, and seventeen professors at Harvard, Yale, Stanford, and elsewhere. In his Foreword, Judge Richard Posner writes: “David Dorsen has produced the most illuminating, the most useful, judicial biography that I have ever read . . . We learn more about the American judiciary at its best than we can learn from any other . . . Some of what I’ve learned has already induced me to make certain changes in my judicial practice.”
Judge Frank M. Johnson, Jr., Chief Judge of the United States District Court for the Middle District of Alabama until his elevation to the Court of Appeals for the Fifth Circuit in 1979, was perhaps President Dwight D. Eisenhower’s most significant appointment to a lower court. His selection to the bench in 1955 followed by only a few months the Supreme Court’s historic decision in Brown vs. Board of Education.
The struggle to accommodate both individual freedom and community welfare shaped modern America. American have disagreed about whether federal protection of national welfare could be reconciled with defense of individual rights; however, no public figure worked longer or more consistently to meet this challenge than Alabama’s Hugo L. Black
Law is a moving system of rules that changes according to a nation’s political and socioeconomic development. To understand the law of the People’s Republic of China today, it is imperative to learn the history and philosophy of the law when it was first shaped. This is a comprehensive introduction to Chinese legal scholarship and the prominent scholars who developed it during the initial decades of the PRC, when the old Chinese legal system was abolished by the newly established Communist government. With responsibilities for full-scale recovery and reconstruction, while cultivating entirely new disciplines and branches of legal studies, the thirty-three leading legal scholars featured herein became the creators, pioneers, and teachers of the new Communist legal system. Through their scholarship, we can see where the field of Chinese legal studies came from, and where it is going.
Nongji Zhang reveals the stories of the most prominent PRC legal scholars, including their backgrounds, scholarly contributions, and important works. This essential tool and resource for the study of Chinese law will be of great use to faculty, students, scholars, librarians, and anyone interested in the field.
Despite historians' focus on the man as president and politician, Abraham Lincoln lived most of his adult life as a practicing lawyer. It was as a lawyer that he fed his family, made his reputation, bonded with Illinois, and began his political career. Lawyering was also how Lincoln learned to become an expert mediator between angry antagonists, as he applied his knowledge of the law and of human nature to settle one dispute after another. Frontier lawyers worked hard to establish respect for the law and encourage people to resolve their differences without intimidation or violence. These were the very skills Lincoln used so deftly to hold a crumbling nation together during his presidency.
The growth of Lincoln's practice attests to the trust he was able to inspire, and his travels from court to court taught him much about the people and land of Illinois. Lincoln the Lawyer explores the origins of Lincoln's desire to practice law, his legal education, his partnerships with John Stuart, Stephen Logan, and William Herndon, and the maturation of his far-flung practice in the 1840s and 1850s. Brian Dirck provides a context for law as it was practiced in mid-century Illinois and evaluates Lincoln's merits as an attorney by comparison with his peers. He examines Lincoln's clientele, his circuit practice, his views on legal ethics, and the supposition that he never defended a client he knew to be guilty. This approach allows readers not only to consider Lincoln as he lived his life--it also shows them how the law was used and developed in Lincoln's lifetime, how Lincoln charged his clients, how he was paid, and how he addressed judge and jury.
In 1849, while traveling as an attorney on the Eighth Judicial Circuit in Illinois, Abraham Lincoln befriended Leonard Swett (1825–89), a fellow attorney sixteen years his junior. Despite this age difference, the two men built an enduring friendship that continued until Lincoln’s assassination in 1865. Until now, no historian has explored Swett’s life or his remarkable relationship with the sixteenth president. In this welcome volume, Robert S. Eckley provides the first biography of Swett, crafting an intimate portrait of his experiences as a loyal member of Lincoln’s inner circle.
Eckley chronicles Swett’s early life and the part he played in Lincoln’s political campaigns, including his role as an essential member of the team behind Lincoln’s two nominations and elections for the presidency. Swett counseled Lincoln during the formation of his cabinet and served as an unofficial advisor and sounding board during Lincoln’s time in office. Throughout his life, Swett wrote a great deal on Lincoln, and planned to write a biography about him, but Swett’s death preempted the project. His eloquent and interesting writings about Lincoln are described and reproduced in this volume, some for the first time.
With Lincoln’s Forgotten Friend, Eckley removes Swett from the shadows of history and sheds new light on Lincoln’s personal relationships and their valuable contributions to his career.
Superior Achievement from the Illinois State Historical Society, 2013
Raised in the squalor of a New York tenement until he was 10 years old, Nelson Díaz saw his life change when his family moved to a brand-new high-rise project in West Harlem in the 1950s. That experience, along with lessons learned as the only Latino law student at Temple University, would drive him throughout his life as a lawyer and activist, fighting for the expansion of rights for all Americans.
“No soy de aquí ni de allá” is a mantra for Puerto Ricans who feel like foreigners wherever they are and who seek a place for themselves. In his inspiring autobiography, Not from Here, Not from There, Díaz tells the story of his struggles and triumphs as his perspective widened from the New York streets and law school classrooms to the halls of power in Philadelphia and Washington, DC. Whether as a leader in economic development, a pioneer in court reform, or a champion of fair housing, Díaz has never stopped advocating for others. Díaz was happy to be the first Latino to “do something,” but he never wanted to be the last. This story of an outsider who worked his way to the inside offers powerful lessons on finding a place in the world by creating spaces where everyone is welcome.
"David Kairys is one of the grand long-distance runners in the struggle for justice in America. His brilliant legal mind and superb lawyerly skills are legendary. This marvelous book is his gift to us!"
---Cornel West, Professor of Religion and African American Studies, Princeton University, and award-winning author of Race Matters
Philadelphia Freedom is the spellbinding tale of an idealistic young lawyer coming of age in the political cauldron of the 1960s and 1970s. From his immersion in the civil rights movement to his determined court battles to quell criminal violence by Philadelphia police, Kairys recounts how he helped make history in the city of brotherly love."
---William K. Marimow, Editor and Executive Vice President, Philadelphia Inquirer, and recipient of two Pulitzer Prizes
"In the current climate of political deception and the trampling of our civil rights, Kairys's compelling book is a clenched fist, a prayer for social justice and a call to conscience."
---Steve Lopez, Los Angeles Times columnist and former Philadelphia Inquirer columnist
"With engaging, insider stories of innovative legal strategies of a truly creative lawyer, this book evokes the ebullient spirit of progressive social change launched in the 1960s and should be read by aspiring and practicing lawyers as well as anyone interested in American social history. Philadelphia Freedom reads like a suspense novel and reveals how novel legal and political thinking can and does make a real difference to individuals and to the quality of justice."
---Martha L. Minow, Jeremiah Smith, Jr. Professor of Law, Harvard University
"David Kairys's compelling book properly explains the vital role that civil rights attorneys play in our system of justice."
---Judge John E. Jones III, United States District Court for the Middle District of Pennsylvania, and presiding judge in the landmark Kitzmiller v. Dover Area School District case
A memoir that is also a compelling page-turner, Philadelphia Freedom is the poignant, informative, often inspiring account of renowned civil-rights lawyer David Kairys's personal quest for achieving social justice during the turbulent 1960s and 70s.
Philadelphia Freedom brings us intimately and directly into Kairys's burgeoning law career and the struggles of the 60s as his professional and private life navigated the turmoil and promise of the civil rights and antiwar movements.
Many of the cases Kairys took on involved discrimination and equal protection, freedom of speech, and government malfeasance. Kairys is perhaps most well known for his victory in the Camden 28 draft board case, in which the FBI set up a sting of the Catholic anti-war left at the behest of the highest levels of government.
The stories and cases range from nationally important and recognizable---the family of the scientist the CIA unwittingly gave LSD in the 1950s; the leading race discrimination case against the FBI; Dr. Benjamin Spock's First Amendment case before the Supreme Court; the city handgun lawsuits Kairys conceived---to those he encountered in his early work as a public defender. The characters include public figures such as FBI Directors J. Edgar Hoover and Louis Freeh; CIA Director William Colby; Pennsylvania Senator Arlen Specter; New York Attorney General Eliot Spitzer; U.S. Attorneys General Edward Levi and John Mitchell; Georgia Governor Lester Maddox; Pennsylvania Governor, former Philadelphia Mayor, and Democratic National Committee chair Ed Rendell; Philadelphia Mayor and Police Commissioner Frank Rizzo. But some of the most memorable are not well known, involving regular people caught up in the often heartless machinery of the courts and legal system.
Though it reads like a novel, with all the elements of character, plot, and suspense, Philadelphia Freedom also has historical significance as a firsthand account of the 1960s and 70s and contains social commentary about race as well as insights and major perspectives on the nature and social role of law.
David Kairys is Professor of Law at Beasley School of Law, Temple University. He was a full-time civil rights lawyer from 1968 to 1990.
Pillars of Justice explores the purpose and possibilities of life in the law through moving accounts of thirteen lawyers who shaped the legal world during the past half century.
Some, such as Thurgood Marshall, were Supreme Court Justices. Others, like John Doar and Burke Marshall, set the civil rights policies of the federal government during the 1960s. Some, including Harry Kalven and Catharine MacKinnon, have taught at the greatest law schools of the nation and nourished the liberalism rooted in the civil rights era. Jurists from abroad—Aharon Barak, for example—were responsible for the rise of the human rights movement that today carries the burden of advancing liberal values. These lawyers came from diverse backgrounds and held various political views. What unites them is a deep, abiding commitment to Brown v. Board of Education as an exceptional moment in the life of the law—a willingness to move mountains, if need be, to ensure that we are living up to our best selves. In tracing how these lawyers over a period of fifty years used the Brown ruling and its spirit as a beacon to guide their endeavors, this history tells the epic story of the liberal tradition in the law.
For Owen Fiss, one of the country’s leading constitutional theorists, the people described were mentors, colleagues, friends. In his portraits, Fiss tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and legal principles they served.
I closed my direct examination of narcotics officer Bill Bohnert by asking, "Detective Bohnert, do you see in the courtroom today the man we just saw on the tape, selling the crack cocaine to Darren Bullard?"
Bohnert pointed to Robert Funt.
"He's right there. . . ."
I heard laughter in the courtroom. I glanced at the defendant, who had dutifully raised his hand.
The prisoners seated behind him were laughing. They recognized a Perry Mason moment when they saw one.
Bohnert continued, "He's the one with his hand raised in the air."
It has been said that the public prosecutor has more power over life, liberty, and reputation than any other person—a daunting proposition, but perhaps less intimidating when that official’s perspective is tempered by humor and compassion.
In Scoundrels to the Hoosegow, a veteran prosecutor who is also a consummate storyteller shares more than thirty entertaining legal stories drawn from real life, re-creating, with verve and wit, villains, heroes, and ordinary citizens. In cases both tragic and hilarious, Morley Swingle offers a behind-the-scenes look at the justice system, taking readers from the scene of the crime to the courtroom as he explores the worlds of judges, attorneys, police officers, and criminals.
Informed by a deep appreciation of Mark Twain, Swingle aims to do for his profession what Clemens did for riverboat piloting. He leads readers on an enjoyable romp through crime and punishment, while offering a clear exposition of legal points—from the subtleties of cross-examination to the role of plea bargaining.
In cases ranging from indecent exposure to conspiracy to commit murder, Swingle considers the fine line between pornography and obscenity and discusses sensitive issues surrounding first-degree murder and the death penalty. Whether describing a drunken but well-meaning probationer who frees the dogs on “death row” or the woman who tries to hire a reluctant hit man to dispose of her husband, he combines true crime and legal analysis with a healthy dose of humor—and shares the occasional “Perry Mason moment” in which a trial dramatically shifts direction.
Not since the author of Anatomy of a Murder, Robert Traver, wrote Small Town D.A. fifty years ago has an American prosecutor penned such a candid, revealing, and funny account of the job—an altogether satisfying book that sentences the reader to many hours of enjoyment.
An associate justice on the renowned Warren Court whose landmark ruling in Brown v. Board of Education overturned racial segregation in schools and other public facilities, Tom C. Clark was a crusader for justice throughout his long legal career. Among many tributes Clark received, Supreme Court Chief Justice Warren Burger opined that "no man in the past thirty years has contributed more to the improvement of justice than Tom Clark."
Supreme Court Justice Tom C. Clark is the first biography of this important American jurist. Written by his daughter, Mimi Clark Gronlund, and based on interviews with many of Clark's judicial associates, friends, and family, as well as archival research, it offers a well-rounded portrait of a lawyer and judge who dealt with issues that remain in contention today—civil rights, the rights of the accused, school prayer, and censorship/pornography, among them. Gronlund explores the factors in her father's upbringing and education that helped form his judicial philosophy, then describes how that philosophy shaped his decisions on key issues and cases, including the internment of Japanese Americans during World War II, the investigation of war fraud, the Truman administration's loyalty program (an anti-communist effort), the Brown decision, Mapp v. Ohio (protections against unreasonable search and seizure), and Abington v. Schempp (which overturned a state law that required reading from the Bible each day in public schools).
The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life.
Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks.
Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.
Elmer Gertz has defended famous people—including Henry Miller, Nathan Leopold, and Jack Ruby—and he has become famous in his own right through his struggle for civil liberties and personal rights.
Gertz has taken on a lengthy list of cases and causes over the six decades of his legal career. He fought successfully against the censorship of Henry Miller’s book Tropic of Cancer,which had been banned in Chicago for obscenity. He got Nathan Leopold released from prison after Leopold had served 34 years for his part in the death of 14-year-old Bobby Franks. An ardent foe of the death penalty, Gertz labored for years as part of a national team of lawyers that was finally able to overturn Jack Ruby’s death sentence for the murder of Lee Harvey Oswald. Gertz’s cases have helped make libel law in the nation.
For this edition, Gertz adds an afterword that covers the 15 years since the book’s first publication. Gertz talks of Henry Miller’s last days and his travels to the USSR on behalf of the Refuseniks.
The most influential Black leader in 19th century southern Illinois
This key biography of John J. Bird unveils the forgotten story of a remarkable Black political figure in post-Civil War Illinois. Emerging as a leader in Cairo, the city with Illinois’ second-largest Black community, Bird played a pivotal role in advancing civil rights within the state, also becoming Illinois’ first Black elected judge and first Black trustee of the University of Illinois. Watchman, Tell Us deftly examines Bird’s lifetime of service and advocacy for a vulnerable community and the ways in which he successfully advocated for and protected voting rights, educational opportunity, and public access for the Black residents of southern Illinois.
Bird arrived in Cairo at age twenty during the Civil War to aid the 2,000 Black refugees from the South living there. By 1870, he had established the city’s substantial Black Republican wing, providing the Black community with unprecedented political influence in this hostile, majority white, Democratic town. Under Bird’s leadership, the Black Republicans pressed for policies that improved the well-being of the African American population, including the early establishment of a Black public school, the rise of an integrated judicial system, and the ability to access public and private businesses. Bird became influential across Illinois as a judge and university trustee, a leader in the Black convention movement, and a significant newspaper editor in Cairo and Springfield. When Bird died in 1912, the nation he loved had once again betrayed its Black citizens, and it appeared that most of the achievements he had fought for had collapsed. But the work of Bird and the other civil rights workers of the nineteenth century created the foundation upon which the movements of the twentieth century could stand.
In his forty years on the federal bench in Texas, William Wayne Justice has been a formidable force for change. His rulings have prompted significant institutional reforms in education, prisons, and racial relations, to name only a few areas of society in Texas and beyond that have been affected by Justice's work. For his labors, Judge Justice has received numerous awards, including the Outstanding Federal Trial Judge Award, the Thurgood Marshall Award from the Section on Individual Rights and Responsibilities of the American Bar Association, and the Morris Dees Justice Award from the University of Alabama School of Law.
This paperback reprint of William Wayne Justice chronicles his judicial career and the decisions he reached. It includes a new epilogue that describes Justice's move to Austin as a judge on senior status yet with a full caseload, tracks the long-running institutional reform cases to their conclusion, and examines the legacy of this remarkable and controversial jurist.
"The sordid controversies of litigants," Benjamin Cardozo once said, are "the stuff from which great and shining truths will ultimately be shaped." As one of America's most influential judges, first on New York State's Court of Appeals and then on the United States Supreme Court, Cardozo (1870-1938) oversaw this transformation daily. How he arrived at his rulings, with their far-reaching consequences, becomes clear in this book, the first to explore the connections between Benjamin Cardozo's life and his jurisprudence.
An intensely private man whose friends destroyed much of his correspondence, Cardozo has long eluded scrutiny. But through extraordinary effort Richard Polenberg has uncovered letters, briefs, transcripts, and biographical details to give us a complex living picture of this man whose judicial opinions continue to affect us. Polenberg describes the shaping experiences of Cardozo's youth, among them the death of his mother when he was nine years old; religious training in the Spanish-Portuguese Synagogue; two years of private tutoring by Horatio Alger, Jr.; and his reaction to the scandal that prompted his father to resign from the New York Supreme Court. Then, in light of certain cases that were brought before the Court of Appeals, we see how Cardozo's rulings reflected a system of beliefs rooted in these early experiences; how, despite his famous detachment, Cardozo read evidence and precedents selectively and based his decisions regarding issues from rape and divorce to the insanity plea on his own views about morality, scholarship, and sexuality. Here too is the truth behind Cardozo's renowned liberalism, explored through his rulings on New Deal measures such as the Social Security Act and his more conservative decisions in cases involving conscientious objectors and the rights of criminal defendants.
The Benjamin Cardozo who emerges from these pages, a complicated and intriguing figure, points to a new understanding of the shaping of American law.
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