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- catalog abstract "Many jurists give lip service to the idea that judicial interpretation of constitutional provisions should be based on the intent of the framers. Few, if any, have been as faithful to that conception as Hugo Black, a U.S. Senator from Alabama. Once on the court, he played a leading role in establishing freedom of speech and other guarantees the interpretation he (and others) believed were warranted by the language and intent of the framers. Late in his career, however, Black's commitment to literalism and intent led him to assume apparently conservative positions in civil liberties cases. The author analyzes Black's judicial and constitutional philosophy, as well as his approach to specific cases, through the eyes of Black's critics and through an assessment of scholarly opinion of his jurisprudence. -- from book jacket.".
- catalog contributor b2140935.
- catalog created "1988.".
- catalog date "1988".
- catalog date "1988.".
- catalog dateCopyrighted "1988.".
- catalog description "1., The critics: the judicial critics; the scholarly critics -- 2., A constitutional faith: Black's positivism; Black and constitutional theory; Positivist responses to constitutional issues; The nature of Due Process; The desirability and viability of a clause-bound constitution -- 3., The Bill of Rights and the states: Black's incorporation thesis: early history and contours; The Adamson dissent; Post-Adamson refinements; Assessing the critics -- 4., Black's First Amendment: Absolutism: scope, limits, basic premises; The religion clauses -- 5., Black's First Amendment critics: The consistency of Black's position; Black's dichotomies; Black and balancing; Assessing absolutism -- 6., The flexible clauses: Literalism and procedural guarantees; The Fourth Amendment; Equal protection; State action; Congressional power.".
- catalog description "Bibliography: p. [303]-305.".
- catalog description "Many jurists give lip service to the idea that judicial interpretation of constitutional provisions should be based on the intent of the framers. Few, if any, have been as faithful to that conception as Hugo Black, a U.S. Senator from Alabama. Once on the court, he played a leading role in establishing freedom of speech and other guarantees the interpretation he (and others) believed were warranted by the language and intent of the framers. Late in his career, however, Black's commitment to literalism and intent led him to assume apparently conservative positions in civil liberties cases. The author analyzes Black's judicial and constitutional philosophy, as well as his approach to specific cases, through the eyes of Black's critics and through an assessment of scholarly opinion of his jurisprudence. -- from book jacket.".
- catalog extent "xii, 323 p. :".
- catalog hasFormat "Mr. Justice Black and his critics.".
- catalog identifier "0822308665 (alk. paper)".
- catalog isFormatOf "Mr. Justice Black and his critics.".
- catalog issued "1988".
- catalog issued "1988.".
- catalog language "eng".
- catalog publisher "Durham : Duke University Press,".
- catalog relation "Mr. Justice Black and his critics.".
- catalog spatial "United States".
- catalog spatial "United States.".
- catalog subject "342.73/0853 347.302853 19".
- catalog subject "Black, Hugo LaFayette, 1886-1971.".
- catalog subject "Constitutional history United States.".
- catalog subject "Freedom of speech United States History.".
- catalog subject "Freedom of the press United States History.".
- catalog subject "KF4770 .Y37 1988".
- catalog subject "KF4770 .Y37 1989".
- catalog tableOfContents "1., The critics: the judicial critics; the scholarly critics -- 2., A constitutional faith: Black's positivism; Black and constitutional theory; Positivist responses to constitutional issues; The nature of Due Process; The desirability and viability of a clause-bound constitution -- 3., The Bill of Rights and the states: Black's incorporation thesis: early history and contours; The Adamson dissent; Post-Adamson refinements; Assessing the critics -- 4., Black's First Amendment: Absolutism: scope, limits, basic premises; The religion clauses -- 5., Black's First Amendment critics: The consistency of Black's position; Black's dichotomies; Black and balancing; Assessing absolutism -- 6., The flexible clauses: Literalism and procedural guarantees; The Fourth Amendment; Equal protection; State action; Congressional power.".
- catalog title "Mr. Justice Black and his critics / Tinsley E. Yarbrough.".
- catalog type "History. fast".
- catalog type "text".