Establishing Justice in Middle America: A History of the United States Court of Appeals for the Eighth CircuitU of Minnesota Press - 441 pages Headquartered in St. Louis and serving primarily Midwestern states, the Eighth Circuit Court has ruled on cases that touch some of the most significant issues in American history, including Native American rights, school segregation, farm bankruptcies, abortion, the environment, pornography, the “war on drugs,” and the first successful class-action sexual-harassment lawsuit. In Establishing Justice in Middle America, Jeffrey Brandon Morris covers its history, from its founding in 1866 through the present day. Morris also provides a panoramic view, discussing how the court has changed over time, the judges who have served on the court, and all of the court’s major cases. This work is one of the first histories of a court in the mostly regional tier of federal courts that are, judicially speaking, nearest to the Supreme Court. Establishing Justice in Middle America reveals how, in many ways, the history of a regional court is a history of the nation itself. Jeffrey Brandon Morris is professor of law at Touro Law Center in Long Island, New York. He is the author or editor of sixteen books, including histories of four federal courts, and is editor of the Encyclopedia of American History. Published for the Historical Society of the United States Courts in the Eighth Circuit. |
Contents
| 1 | |
| 15 | |
2 The Early Years 18911929 | 53 |
3 The Sanborn Court 19291959 | 97 |
4 The Era of the Warren Court 19561969 | 141 |
5 The Moderately Liberal Court of the 1970s | 189 |
The Eighth Circuit during the 1980s | 239 |
7 Leaving the Old Century and Entering the New | 287 |
AFTERWORD | 343 |
NOTES | 345 |
INDEX | 415 |
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Establishing Justice in Middle America: A History of the United States Court ... Jeffrey Brandon Morris No preview available - 2007 |
Common terms and phrases
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Popular passages
Page 91 - States or to promote the success of its enemies, and whoever, when the United States is at war, shall willfully cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States...
Page 120 - * * * in construing a statute setting up an administrative agency and providing for judicial review of its action, court and agency are not to be regarded as wholly independent and unrelated instrumentalities of justice, each acting in the performance of its prescribed statutory duty without regard to the appropriate function of the other in securing the plainly indicated objects of the statute. Court and agency are the means adopted to attain the prescribed end, and so far as their duties are defined...
Page 82 - This power to regulate is not a power to destroy, and limitation is not the equivalent of confiscation. Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward j neither can it do that which in law amounts to a taking of private property for public use without just compensation, or without due process of law.
Page 91 - States is at war, shall willfully utter, print, write, or publish any disloyal, profane, scurrilous, or abusive language about the form of government of the United States, or the Constitution of the United States...
Page 205 - School boards such as the respondent then operating statecompelled dual systems were nevertheless clearly charged with the affirmative duty to take whatever steps might be necessary to convert to a unitary system in which racial discrimination would be eliminated root and branch.
Page 39 - It is a case where, against an express exception in the law itself, that law, by argument and inference only, is sought to be extended over aliens and strangers; over the members of a community, separated by race, by tradition, by the instincts of a free though savage life, from the authority and power which seeks to impose upon them the restraints of an external and unknown code...
Page 45 - When it is prostituted to objects in no way connected with the public interests or welfare, it ceases to be taxation and becomes plunder.
Page 181 - ... that the magistrate may know that he is relying on something more substantial than a casual rumor circulating in the underworld or an accusation based merely on an individual's general reputation.
Page 44 - If I were a practicing lawyer today, my self respect, knowing what I do of the force of that feeling, would forbid me to argue in this court any case whatever against the validity of a contract with a county, city or town under any circumstances whatever. It is the most painful matter connected with my judicial life...
Page 167 - The constitutional rights of respondents are not to be sacrificed or yielded to the violence and disorder which have followed upon the actions of the Governor and legislature.