Best of
Law

1978

The Dred Scott Case: Its Significance in American Law and Politics


Don E. Fehrenbacher - 1978
    On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery. This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.

In the Matter of Color: Race and the American Legal Process: The Colonial Period


A. Leon Higginbotham - 1978
    Focusing on the actions and attitudes of the courts, legislatures, and public servants in six colonies, Judge Higginbotham shows ways in which the law has contributed to injustices suffered by Black Americans

Injustice: The Social Bases of Obedience and Revolt: The Social Bases of Obedience and Revolt


Barrington Moore Jr. - 1978
    Routledge is an imprint of Taylor & Francis, an Informa company.

Legal Reasoning and Legal Theory


Neil MacCormick - 1978
    This study focuses on current jurisprudential debate between the positivist views of Herbert Hart and the rights thesis of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature. Now available in paperback, and with a new foreword by the author, this popular book will continue to be of use to students and teachers of law, legal theory, and philosophy.

Major Legal Systems in the World Today


René David - 1978
    Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.

In Defense of the Corporation


Robert Hessen - 1978
    Hessen presents an uncompromising defense of the right of corporation to exist and function freely and outlines and examines the arguments and proposals of Ralph Nader, who is recognized as the most vocal critic of the corporation, in addition to addressing various other issues regarding the corporation.

The Case that Shook India: The Verdict That Led to the Emergency


Prashant Bhushan - 1978
    The watershed case, Indira Gandhi v. Raj Narain, acted as the catalyst for the imposition of the Emergency. Based on detailed notes of the court proceedings, The Case That Shook India is both a significant legal and a historical document.The author, advocate Prashant Bhushan, provides a blow-by-blow account of the goings-on inside the courtroom as well as the manoeuvrings outside it, including threats, bribes and deceit. As the case goes to the Supreme Court, we see how a ruling government can misuse legislative power to save the PM's election.Through his forceful and gripping narrative, Bhushan vividly recreates the legal drama that decisively shaped India's political destiny.

The Disputing Process: Law In Ten Societies


Laura Nader - 1978
    

The Cherokee Freedmen: From Emancipation to American Citizenship


Daniel F. Littlefield Jr. - 1978