John Marshall Harlan (The Great Dissenter of the Warren Court)

Author: (USA) Yarbrough (T.E.) Author, Xu Guo'ai et al. Translator
Publisher:
Publishing Date: 2004-01-01
Features: Tinsley Yarbrough succeeds again! His new work provides a brilliant analysis of the impact Harlan Judge had on the U.S. Constitution, the Supreme Court, and his key role in shaping the court of civil liberties. This book is a must-read for every Supreme Court researcher. When David Souter was nominated as a Supreme Court judge by President Bush, he took John Marshall Harlan as his model. This was a notable choice. As Justice William Brennan eloquently eulogized, Harlan was a man deeply respected and admired by both conservatives and liberal colleagues, whose "learning and erudition" had never been fully recognized. Now, in this biography of this important yet overlooked lawyer, the author meticulously describes Harlan's judicial career. The author explores Harlan's relationships with colleagues, secretaries, and others, examines his role in the decision-making process, and analyzes his legal thought. Harlan's constitutional interpretation strengthened respect for government power, while his strict rulings relied heavily on case facts. He also accepted creative, evolving interpretations, allowing for an expansive explanation of constitutional rights. The author details Harlan's close relationship with Justice Frankfurter, demonstrating that Harlan held an independent position on the Warren and Burger Courts, both as a friend and an ally, despite their personal and judicial ties. The author also highlights the essence and significance of Harlan's dissents in landmark cases such as Miranda v. Arizona and the Pentagon Papers case. Thoroughly researched, written in clear and accessible language, and powerfully argued, this biography vividly portrays the life and career of the great dissenter known as the "lawyer's lawyer" and the "judge's judge." Now, many of Harlan's legal ideas have been adopted by the U.S. federal Supreme Court. This book provides readers with an essential perspective, allowing them to gain a deeper understanding of the Supreme Court, civil liberties, and a key historical figure in both fields.