In this Book

summary
In the first book in a generation to offer a fresh interpretation of the Supreme Court during the pivotal tenure of Melville W. Fuller, James Ely provides a judicial biography of the man who led the court from 1888 until 1910 as well as a comprehensive and thoughtful analysis of the jurisprudence dispensed under his leadership. Highlighting Fuller's skills as a judicial administrator, Ely argues that a commitment to economic liberty, security of private property, limited government, and states' rights guided Fuller and his colleagues in their treatment of constitutional issues. Ely directly challenges the conventional idea that the Fuller Court adopted laissez-faire principles in order to serve the needs of business. Rather, Ely presents the Supreme Court's efforts to safeguard economic rights not as a single-minded devotion to corporate interests but as a fulfillment of the property-conscious values that shaped the constitution-making process in 1787.

Table of Contents

  1. Cover
  2. pp. 1-1
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  1. The Chief Justiceship of Melville W. Fuller
  2. pp. 2-2
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  1. Chief Justiceships of The United States Supreme Court
  2. pp. 3-3
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  1. Title
  2. pp. 4-4
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  1. Copyright
  2. pp. 5-5
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  1. Dedication
  2. pp. 6-7
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  1. Contents
  2. pp. vii-viii
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  1. Editor's Preface
  2. pp. ix-x
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  1. Preface
  2. pp. xi-xii
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  1. Introduction
  2. pp. 1-3
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  1. 1. A Gentleman and a Scholar
  2. pp. 4-24
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  1. 2. Never a Better Administrator
  2. pp. 25-56
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  1. 3. Conservative Jurisprudence in the Age of Enterprise
  2. pp. 57-82
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  1. 4. Safeguarding Entrepreneurial Liberty
  2. pp. 83-126
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  1. 5. Defending the National Market
  2. pp. 127-149
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  1. 6. Civil Liberties, Equal Rights, and Criminal Justice
  2. pp. 150-171
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  1. 7. Issues of Government
  2. pp. 172-190
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  1. 8. Private Litigation
  2. pp. 191-211
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  1. 9. Betting on the Future
  2. pp. 212-218
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  1. Appendix: Members of the Supreme Court During Fuller's Chief Justiceship, 1888–1910
  2. pp. 219-244
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  1. Appendix: Dates of Service on the Fuller Court
  2. pp. 220-245
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  1. Bibliography
  2. pp. 221-233
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  1. Table of Cases
  2. pp. 234-239
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  1. Index
  2. pp. 240-248
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Additional Information

ISBN
9781611171716
Print ISBN
9781611171280
MARC Record
OCLC
47009442
Pages
272
Launched on MUSE
2014-01-01
Language
English
Open Access
N
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