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Product details
File Size: 9513 KB
Print Length: 432 pages
Publisher: Oxford University Press; 1 edition (March 12, 1992)
Publication Date: December 31, 1991
Sold by: Amazon Digital Services LLC
Language: English
ASIN: B003V1X8XQ
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5531. John Marshall Harlan Great Dissenter of the Warren Court, by Tinsley E. Yarbrough (read 11 Feb 2018) The subject of this carefully crafted biography was born May 20, 1899, and is the grandson of the John Marshall Harlan who served on the U.S. Supreme Court and won undying fame for dissenting in Plessy v. Ferguson in 1896. His grandson went to Princeton and then to Oxford and only spent one year in an American law school. The book tells well of his first major case, where he defended successfully the will of an eccentric woman against a host of claimants. In his last case before he was named a Federal judge he defended DuPont in an anti-trust case the Government brought and won n the lower court--only to see the Supreme Court, after he had been named to that Court, reverse his victory which he of course could do nothing about since he could not sit on that matter The book does an excellent job discussing the time on the Supreme,Court to which he was appointed by Eisenhower and on which he served till, blind and in ill health he retired in 1971 and died shortly thereafter. He was a non-progressive jurist and many of his positions are not admirable in my view. For instance he was dismayed by Baker v. Carr and its progeny--the one person, one vote cases which are surely one of the great achievements of the Warren Court. And he greatly disapproved of the Miranda case, which his conservative successor, William Rehnquist, years later reaffirmed to the great dismay of reactionary justices like Clarence Thomas. In looking at Harlan's career one is struck by how he was able to see the side he was not naturally on and how often he deviated from the right wing side--something we do not see in today's Court where Thomas, Alito, and Gorsuch are automatic votes for the illiberal side. I found this book extremely interesting and informative and do not see how a better biography of Harlan could be written.
As one who has read probably a hundred books on the Supreme Court and it's Justices (perhaps more), I can certainly say this study of Justice John Marshall Harlan "II" is a fine addition to the field, and worth the read if you're looking for a detailed examination of Justice Harlan's life and his approach to judicial work. One caveat is that this book is written in a fairly dry style (some might call it "patrician," perhaps fitting its subject), with many a long, winding, and multi-subject sentence, countless of which conclude with a contrast between "the former" and "the latter" . . . though by the time you get to the end of these trailing sentences, you've forgotten much of what the just-read "latter" is and you need to retrack many lines up the page to recall what the long-forgotten "former" was. Fortunately, Professor Yarbrough's writing style became considerably more accessable between the writing of this book and his more recent biography of Justice David Souter ("David Hackett Souter: Traditional Republican on the Rehnquist Court"). I enjoyed this book, and would recommend it to others who are fascinated by the Supreme Court and those who have served on it. However, it is at times a bit of an uphill climb.
Tinsley Yarbrough does a great justice to Supreme Court Justice John Marshall Harlan with this work.Often overlooked and neglected, the second Harlan was actually more accomplished than the first, and may very well be the most astute and distinguished dissenter in the history of the Supreme Court. A man of amazing scholarly achievement and disciplined intellectuality, Harlan was actually a more well rounded and principled judicial figure than many of the more popular activist justices during his time of service.I am very surprised that this is the first review of this book. Mr. Yarbrough put together a wonderful and sober minded biography of a brilliant figure deserving of a lot more attention than he's been afforded. I highly recommend this work to anyone interested in the Supreme Court and one of the better justices ever to occupy the bench.
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