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TABLE OF CONTENTS Preface to Third Edition Preface to Expanded Edition Preface Introduction Ch1 John Marshall and the Genesis of the Tradition Ch2 Kent, Story, and Shaw: The Judicial Function and Property Rights Ch3 Roger Taney and the Limits of Judicial Power Ch4 Political Ideologies, Professional Norms, and the State Judiciary in the Late Nineteenth Century: Cooley and Doe Ch5 John Marshall Harlan I: The Precursor Ch6 The Tradition at the Close of the Nineteenth Century Ch7 Holmes, Brandeis, and the Origins of Judicial Liberalism Ch8 Hughes and Stone: Ironies of the Chief Justiceship Ch9 Personal versus Impersonal Judging: The Dilemmas of Robert Jackson Ch10 Cardozo, Learned Hand, and Frank: The Dialectic of Freedom and Constraint Ch11 Rationality and Intuition in the Process of Judging: Roger Traynor Ch12 The Mosaic of the Warren Court: Frankfurter, Black, Warren, and Harlan Ch13 The Anti-Judge: William O. Douglas and the Ambiguities of Individuality Ch14 The Burger Court and the Idea of "Transition" in the American Judicial Tradition Ch15 The Unexpectedness of the Rehnquist Court Ch16 The Tradtion and the Future Appendix: Chronology of Judicial Service Notes Bibliographical Note Index
Library of Congress Subject Headings for this publication:
Judges -- United States -- Biography.
United States. Supreme Court -- History.