The Justices of the Supreme Court of Louisiana 1865 1880

Author: Evelyn L. Wilson
ISBN: 1600422470
Release Date: 2015-04-01
Genre: Law

Eighteen Justices served on the Supreme Court of Louisiana during the period 1865 to 1880. The Civil War and Reconstruction years were not easy for any of these men. Sentiment ran high and violence was common. Criticism was as harsh as it was unwarranted. The justices selected to serve in 1865 and 1868 were, generally, Republicans and supporters of the Union. Most of the lawyers practicing before them were Democrats who had fought for or supported the Confederacy. Operating in the face of open hostility, the court faced the task of bringing order to chaos as most courts had been closed during the war. In 1877, the era of Reconstruction ended when Democrats gained control of the state. The set of justices appointed in 1877 had been committed to the Confederacy and were opposed to the federal presence in the state. Though considered political conservatives, they were judicial activists, bending the law to ensure that justice, as they perceived it, prevailed. They were confident their decisions would be well received. This work provides a short biography for each justice and describes many of the cases decided by the court. The cases selected involve issues unique to this era or are particularly intriguing. This research was supported by the Education Committee of the Louisiana Bar Foundation. Evelyn L. Wilson is the Horatio C. Thompson Endowed Professor at the Southern University Law Center in Baton Rouge, Louisiana. She clerked for Chief Justice John A. Dixon, Jr. at the Louisiana Supreme Court and practiced law before joining the Law Center in 1986. Professor Wilson has been a visiting professor in Virginia, Nigeria, Lithuania, Turkey and Nepal. She was selected as a U.S. Fulbright Senior Scholar in 2015. Wilson's scholarship has focused on Federal Jurisdiction, civil procedure, human and civil rights, and legal history. She authored the book, Laws, Customs and Rights, which tells the story of Charles J. Hatfield whose lawsuit caused the state of Louisiana to establish a law school at Southern University. and has co-authored a textbook entitled, Louisiana Property Law.

Inherently Unequal

Author: Lawrence Goldstone
Publisher: Walker
ISBN: 0802778852
Release Date: 2012-01-31
Genre: History

A potent and original examination of how the Supreme Court subverted justice and empowered the Jim Crow era. In the years following the Civil War, the 13th Amendment abolished slavery; the 14th conferred citizenship and equal protection under the law to white and black; and the 15th gave black American males the right to vote. In 1875, the most comprehensive civil rights legislation in the nation's history granted all Americans "the full and equal enjoyment" of public accommodations. Just eight years later, the Supreme Court, by an 8-1 vote, overturned the Civil Rights Act as unconstitutional and, in the process, disemboweled the equal protection provisions of the 14th Amendment. Using court records and accounts of the period, Lawrence Goldstone chronicles how "by the dawn of the 20th century the U.S. had become the nation of Jim Crow laws, quasi-slavery, and precisely the same two-tiered system of justice that had existed in the slave era." The very human story of how and why this happened make Inherently Unequal as important as it is provocative. Examining both celebrated decisions like Plessy v. Ferguson and those often overlooked, Goldstone demonstrates how the Supreme Court turned a blind eye to the obvious reality of racism, defending instead the business establishment and status quo--thereby legalizing the brutal prejudice that came to define the Jim Crow era.

Louisiana Reports

Author: Louisiana. Supreme Court
ISBN: UOM:35112102293554
Release Date: 1914
Genre: Law reports, digests, etc

Fair Labor Lawyer

Author: Marlene Trestman
Publisher: LSU Press
ISBN: 9780807162101
Release Date: 2016-03-01
Genre: Biography & Autobiography

Through a life that spanned every decade of the twentieth century, Supreme Court advocate Bessie Margolin shaped modern American labor policy while creating a place for female lawyers in the nation's highest courts. Despite her beginnings in an orphanage and her rare position as a southern, Jewish woman pursuing a legal profession, Margolin became an important and influential Supreme Court advocate. In this comprehensive biography, Marlene Trestman reveals the forces that propelled and the obstacles that impeded Margolin's remarkable journey, illuminating the life of this trailblazing woman. Raised in the Jewish Orphans' Home in New Orleans, Margolin received an extraordinary education at the Isidore Newman Manual Training School. Both institutions stressed that good citizenship, hard work, and respect for authority could help people achieve economic security and improve their social status. Adopting these values, Margolin used her intellect and ambition, along with her femininity and considerable southern charm, to win the respect of her classmates, colleagues, bosses, and judges -- almost all of whom were men. In her career she worked with some of the most brilliant legal professionals in America. A graduate of Tulane and Yale Law Schools, Margolin launched her career in the early 1930s, when only 2 percent of America's attorneys were female, and far fewer were Jewish and from the South. According to Trestman, Margolin worked hard to be treated as "one of the boys." For the sake of her career, she eschewed marriage -- but not romance -- and valued collegial relationships, never shying from a late-night brief-writing session or a poker game. But her personal relationships never eclipsed her numerous professional accomplishments, among them defending the constitutionality of the New Deal's Tennessee Valley Authority, drafting rules establishing the American military tribunals for Nazi war crimes in Nuremberg, and, on behalf of the Labor Department, shepherding through the courts the child labor, minimum wage, and overtime protections of the Fair Labor Standards Act of 1938. A founding member of that National Organization for Women, Margolin culminated her government service as a champion of the Equal Pay Act, arguing and winning the first appeals. Margolin's passion for her work and focus on meticulous preparation resulted in an outstanding record in appellate advocacy, both in number of cases and rate of success. By prevailing in 21 of her 24 Supreme Court arguments Margolin shares the elite company of only a few dozen women and men who attained such high standing as Supreme Court advocates.

The Judicial Power of the United States

Author: John V. Orth
Publisher: Oxford University Press
ISBN: 0195364856
Release Date: 1987-01-22
Genre: Law

Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts. The first amendment adopted after the Bill of Rights, the Eleventh Amendment limits the exercise of U.S. judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction; by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction. Here, Orth reconstructs the fascinating but obscure history of the Eleventh Amendment--the labyrinth of legal doctrine, the economic motives and consequences, the political context, and the legacy of the past--over the last two centuries. Using quotes from Wordsworth, Shaw, Mark Twain, Margaret Mitchell, and other writers to clarify and invigorate his narrative, Orth finally makes accessible an important but complex slice of constitutional history.

Louisiana Property Law

Author: John A. Lovett
ISBN: 1611630770
Release Date: 2014-10-09
Genre: Law

Louisiana Property Law: The Civil Code, Cases, and Commentary is the first new case book in its field in more than a generation. Authored by three experienced scholars from Louisiana, this book presents classic and current cases in a rich contextual setting informed by contemporary property scholarship from the United States and abroad. After introducing the origins and sources of Louisiana property law, each chapter situates Louisiana property jurisprudence in its codal and doctrinal context. In addition to explaining the history, structure, and meaning of relevant provisions of the Louisiana Civil Code and ancillary statutes, the book introduces readers to property texts from mixed jurisdictions such as Quebec, South Africa, and Scotland, and compares Louisiana and common law property institutions. In light of this comparative approach, the book will appeal to scholars interested in alternative regulatory models for the law of property.Specific topics include: Sources of Louisiana Property Law (Chapter 1); Ownership, Real Rights, and the Right to Exclude (Chapter 2); The Division of Things (Chapter 3); Classification of Things--Of Movables and Immovables, Corporeals and Incorporeals (Chapter 4); Voluntary Transfers of Ownership (Chapter 5); Accession (Chapter 6); Acquisition of Ownership through Occupancy (Chapter 7); Possession and the Possessory Action (Chapter 8); Acquisitive Prescription with Respect to Immovables (Chapter 9); Vindicating Ownership through Real Actions (Chapter 10); Co-Ownership (Chapter 11); Usufruct (Chapter 12); Natural and Legal Servitudes (Chapter 13); Conventional Predial Servitudes (Chapter 15); Limited Personal Servitudes--Habitation and Right of Use (Chapter 15); and Building Restrictions (Chapters 16).

The Indigo Book

Author: Christopher Jon Sprigman
ISBN: 9781892628022
Release Date: 2016-05-02
Genre: Citation of legal authorities

This public domain book is an open and compatible implementation of the Uniform System of Citation.