165. Beard, Charles A. The Supreme Court and the Constitution. New York: The Macmillan Company, 1912. vii, 127 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. ISBN 1-886363-78-1. Cloth. New.  $45.
* A thorough analysis of the early history and development of judicial review, from 1787 through Marbury v. Madison. “A strong argument that the constitutional fathers intended to establish judicial review.” Carr, The Supreme Court and Judicial Review 293. “The book is based on the most exhaustive examination which has so far been made of the expressed opinions of the men who were most responsible for the adoption of the United States Constitution.” Col. L. Rev. 13:87. Chapters include “The Constitutional Convention of 1787 and Judicial Control,” “John Marshall and the Fathers,” and “Marbury v. Madison.”

Brandeis on Life Insurance and Risk

166. Brandeis, Louis D. [1856-1941]. To the Policy Holders of the Equitable Life Assurance Society. Boston: [Office of the Protective Committee], May 19, 1905. four-page 8-1/2" x 11" leaflet. Minor discoloration at fold. A remarkably well-preserved copy.  $65.
* This set of recommendations was written while Brandeis was serving as counsel to the Policy Holders’ Protective Committee, which aimed to curb the Equitable’s risky investment policies. “In order to reduce the heavy burden [of risk and expense] upon policy holders, radical economies in management should be introduced, the competitive rush for business discounted, and the methods of the great savings-banks and mill mutual insurance companies more nearly followed” (4). Not included in Roy Mersky’s Louis Dembitz Brandeis: A Bibliography.

Inscribed First Edition of

Wm. O. Douglas’ Autobiography

171. Douglas, William O. [1898-1980]. Go East, Young Man: The Early Years. New York: Random House, [1974]. Illustrations. xv, 493 pp. Illustrations. Original cloth very good in lightly worn dust jacket. Author inscription to front free endpaper, interior otherwise clean.  $150.
* First edition. The inscription reads: “For Myron Hausen/ with many Happy Returns/ of the day/ W O Douglas.” Douglas’ autobiography spans the years from his childhood until his appointment to the Supreme Court in 1939.

“The Best Biography of An American Judge Since Beveridge’s Life of John Marshall”

172. Fairman, Charles. Mr. Justice Miller and the Supreme Court. Cambridge: Harvard University Press, 1939. [x], 456 pp. Frontispiece. Cloth very good in moderately worn dust jacket. Partial split near end of text block, owner stamp to verso of frontispiece, interior otherwise clean. A nice copy.  $125.
* First edition. Samuel Freeman Miller [1816-1890] was appointed to the court by Abraham Lincoln in 1862. An active abolitionist, he was an influential force during the unsettled years of the Civil War and Reconstruction who did much to shape the court’s interpretation of the Civil War amendments and the fourteenth amendment. Justice Miller also played an important role in the development of substantive due process and other legal doctrines concerning economic regulation. “Mr. Fairman has written the best biography of an American judge since Beveridge’s life of John Marshall.”: Charles E. Wyzanski, Jr., Harvard Law Review 53: 696-698. See illustration below.

Writings of Justice Bradley

173. Bradley, Joseph[1813-1892]. Miscellaneous Writings of the Late Hon. Joseph P. Bradley, Associate Justice of the Supreme Court of the United States. With a Sketch of His Life by His Son, Charles Bradley. And a Review of His “Judicial Record” by William Draper Lewis, and an Account of His “Dissenting Opinions” by A.Q. Keasbey. Edited and Compiled by his Son, Charles Bradley. Newark: L.J. Hardham, 1902. Frontispiece. xii, 435 pp. Original cloth, with paper label, mild shelf wear and soiling, rear hinge starting, internally clean.  $125.
* Bradley served on the U.S. Supreme Court from 1870 to 1892. In a time of rapid expansion of trade and transportation, he aggressively asserted the supremacy of the federal government to control interstate commerce. Marke 1060.

174. Marshall, John. The Constitutional Decisions of John Marshall, Edited, with an introductory essay by Joseph P. Cotton, Jr. New York: G.P. Putnam, 1905. Two volumes. viii, 144, 145a-188a, [145]-330 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-050-3. Cloth. New. $175.
* Presents all of John Marshall’s decisions in the Supreme Court and on the circuit in context of their times and their effect on constitutional history, through notes to each case written by Joseph P. Cotton, Jr., the editor of this work. John Marshall [1755-1835] was appointed Chief Justice of the Supreme Court in 1801 and ushered in its era of power and independence. He presided over the court for 34 years. The major decisions that are included here demonstrate his formulation of fundamental principles of American constitutional law. See illustration below.

175. Mason, Alpheus Thomas. The Supreme Court From Taft to Warren. Revised and Enlarged edition. Baton Rouge: Louisiana State University Press, 1968. xv, 293 pp. Cloth good in worn dust jacket.  $25.
* Highly regarded and readable study of the court during the critical period of landmark precedents. Mason was a professor of Jurisprudence at Princeton University.

177. Oster, John Edward, Editor. The Political and Economic Doctrines of John Marshall. New York: Neale Publishing, 1914. Frontispiece, 369 pp. Reprint available June 2006 by The Lawbook Exchange, Ltd. 2005. ISBN 1-58477-641-2. Cloth. New.  $95.
* Reprint of the sole edition. Unlike his colleague Joseph Story, Marshall [1755-1835] was not interested in formal scholarship. Devoted entirely to the bench and bar, he had neither the time nor inclination to write essays or treatises. In order to locate the principles that guided his juristic thinking, then, it is necessary to look at other sources. This is Oster’s approach. He assembles a wide selection of letters, speeches, miscellaneous writings and excerpts from decisions and arranges them thematically with narrative commentary. A useful guide to Marshall’s ideas, it also has the character of an intellectual biography.

178. Story, William W., Editor. The Miscellaneous Writings of Joseph Story, Associate Justice of the Supreme Court of the United States and Dane Professor of Law at Harvard University, Edited by His Son, William W. Story. Boston: C.C. Little and J. Brown , 1852. x, 828 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-072-4. Cloth. New.  $125.
* Justice Story’s enormous influence on American law is demonstrated in this collection of his writings, edited by his son. Includes his autobiography that was written in the form of a fascinating long letter to his son, and many other articles, essays, lectures, and biographical sketches of judges and lawyers (including Chief Justice John Marshall and Associate Supreme Court Justice Bushrod Washington). Topics include a proposed course of legal study, maritime law, piracy and the slave trade, commercial law, codification of the common law and much more.

179. Supreme Court Reporter, West’s. St. Paul, MN: Thomson West. Volumes 83 to 123 (1962-2002) regular bound volumes, in 99 books; [with] 123A-124B Interim bound volumes, in 5 books. Together 104 books. Ex-law library with stamps, else very good to excellent condition. Publisher’s Price $2,750.  Special $895.
* Provides complete information on all case law issued by the U.S. Supreme Court including memorandum decisions as well as the full text of majority opinions and dissenting and concurring opinions. Official page designations are included. Regular bound volumes include all corrections made by the Court in the opinions and orders. Includes Key number digest sections, and tables of statutes cited.

180. Supreme Court Reporter, West’s. St. Paul, MN: Thomson West. Volumes 95 to 123A (1974-2002) regular bound volumes, in 76 books; [with] 123B-124A Interim bound volumes, in 3 books. Together 79 books. Ex-law library with stamps, else very good to excellent condition. Publisher’s Price $2,550.  Special $695.
* Provides complete information on all case law issued by the U.S. Supreme Court including memorandum decisions as well as the full text of majority opinions and dissenting and concurring opinions. Official page designations are included. Regular bound volumes include all corrections made by the Court in the opinions and orders. Includes Key number digest sections, and tables of statutes cited.

181. United States Supreme Court Reports Lawyers’ Edition. General Index to Decisions, Annotations, and Digest. Charlottesville, VA: LexisNexis, 2001. 5 Vols. Cloth. With November 2005 supplements. Ex-private law firm library with stamps on inside covers, else very good. Publisher’s Price $250.  Special $50.
* An index to U.S. Supreme Court decisions appearing in 1-533(Part) US, 1-100 L Ed and 1-150 (Part) L Ed 2d, 1-121 (Part) S Ct.