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227. Cardozo, Benjamin N. [1870-1938].
The Nature of the Judicial Process. New Haven: Yale
University Press, [1946]. 180 pp. Cloth very good in mildly worn
dust jacket. Owner stamp to front free endpaper, interior otherwise
clean. $85.
* First edition, thirteenth printing. The Storrs Lectures delivered
at Yale University Law School in 1921. One of the most important
legal works of the twentieth century, The Nature of the Judicial
Process argued that judges create law. Along with Holmes’ The
Common Law, this book is one of the seminal works that helped
the American bar to move beyond the formalism of nineteenth-century
jurisprudence.  
228. Cook, William A.
Hon. Geo. W. Woodward and the Gubernatorial Contest in
Pennsylvania. Review of His Speech in Independence Square,
Philadelphia, December 13, 1860. A True Exposition of His Principles
and Purposes. [Philadelphia]: Chronicle Print, 1863. 18 pp.
Octavo (6" x 9"). Stab-stitched pamphlet, some edgewear and soiling,
internally clean. $65.
* Woodward [1809-1875] was an unconfirmed nominee to the U.S.
Supreme Court. (President Polk nominated him to fill a position
vacated by the death of Henry Baldwin.) In this pamphlet Cook
questions Woodward’s commitment to the Union cause. OCLC locates 2
copies.
Inscribed by Douglas
229. Douglas, William O. [1898-1980].
An Almanac of Liberty. Garden City: Doubleday & Company,
Inc., 1954. xx, 409 pp. Original cloth very good in moderately worn
dust jacket. “W O Douglas” in bold hand to title page, internally
clean. $150.
* Justice Douglas traces America’s progress toward political,
social, religious and legal liberty back to their sources. He also
compares these milestones in American independence to the struggle
against colonial powers that were being waged during the 1940s and
50s. See illustration below.
Inscribed by Douglas
230. Douglas, William O.
Democracy’s Manifesto: A Counter Plan for the Free Society.
Garden City, NY: Doubleday & Company, Inc., 1962. 48 pp. Cloth very
good in lightly worn dust jacket. “For/ Bob Spencer/ from his
friend/ Wm O Douglas” in bold hand to front free endpaper,
internally clean. $150.
* Douglas outlines a program to foster democratic societies in the
developing world. Douglas maintains that the use of foreign aid to
existing regimes is a misguided way to promote democracy abroad.
Instead, the United States should offer education and technical
support to village communities. When individual villagers experience
the benefits of democracy, he reasons, they will demand democratic
societies and have the experience to help them succeed.
231. Douglas, William O.
A Living Bill of Rights. Drawings by Douglas Gorsline. Garden
City, NY: Doubleday & Company, Inc., 1961. 72 pp. Illustrated. Cloth
very good in lightly worn price clipped dust jacket. Gift
inscription to front free endpaper, interior otherwise clean. $35.
232. Fairman, Charles.
History of the Supreme Court of the United States. Volume VI,
Part One: Reconstruction and Reunion 1864-88. New York: The
Macmillan Company, [1971]. xix, 1540 pp. Illustrated. Gilt stamped
cloth, top edge gilt. Light shelfwear, internally clean. $50.
* First edition. A volume in The Oliver Wendell Holmes Devise,
a series renowned for its outstanding scholarship.
233. Franck, Matthew J.
Against the Imperial Judiciary: The Supreme Court vs. the
Sovereignty of the People. [Lawrence]: University Press of
Kansas, [1996]. viii, 279 pp. Cloth in dust jacket. New. $35.
234. Frankfurter, Felix [1882-1965].
The Public and Its Government. New Haven: Yale University
Press. 1931. [viii], 170 pp. Original cloth, some shelfwear and
fading to spine, corners lightly bumped, internally clean. $45.
* First edition. Based on his 1930 “Yale Lectures on the
Responsibilities of Citizenship,” this book offers an interpretation
of democracy as a theory of political organization. “Charles Beard
remarked not long ago to this reviewer that no first class political
thinking had appeared in the United States in the twentieth century.
The quality of this little book of Frankfurter’s...should lighten
Beard’s discouragement.” C.P. Howland, Yale Law Journal 40:
672-673 cited in Marke 938.
235. Gerhart, Eugene C.
Robert H. Jackson: Country Lawyer, Supreme Court Justice,
America’s Advocate. Buffalo: W.S. Hein, 2003. vi, 545; 184 pp.
Cloth. New. $72.
* A reprint edition of “America’s Advocate: Robert H. Jackson”
(Indianapolis: The Bobbs Merrill Co.,1958) and “Lawyer’s Judge”
(Albany: Boyd Printing; 1961). With a foreword by Chief Justice
William Rehnquist and an introduction by Gerhart commissioned for
this book.
236. Goebel, Julius.
History of the Supreme Court of the United States, Volume I:
Antecedents and Beginnings to 1801. New York: The MacMillan
Company, [1971]. xxv, 864 pp. Plates. Original cloth, top edge gilt.
Light shelfwear, corners bumped, internally clean. $75.
* First edition, first printing. A volume from the authoritative
Oliver Wendell Holmes Devise History of the Supreme Court of the
United States.
237. Jackson, Percival E.
The Wisdom of the Supreme Court.
Norman: University of Oklahoma Press, [1962]. Reprint. Buffalo, NY:
W.S. Hein, 1991. xvi, 526 pp. Cloth. New. $47.50
* More than four thousand quotations, presented topically, from
opinions and writings by justices of the nation’s highest court.
Fine-Press Edition of Essay by Robert H. Jackson
238. Jackson, Robert H. [1892-1954].Falstaff’s
Descendants in Pennsylvania Courts.
[San Francisco: Grabhorn Press], 1954. [iv], 5-25, [1] pp. Folio (9"
x 12"). Original red wrappers, “Robert H. Jackson” in gilt to front,
deckle edges. Some fading to spine, rear joint of wrapper just
starting. Hand-printed text, title page with attractive woodcut of
Falstaff printed in red and black. Internally pristine. $125.
* A reprint of an article from the December 1952 issue of the
University of Pennsylvania Law Review. This fine-press edition
was produced privately for members of the Bohemian Grove, a highly
exclusive San Francisco men’s club. Jackson, an Associate Justice of
the U.S. Supreme Court from 1941 to 1954, was Chief Counsel for the
United States at the Nuremberg Tribunal.
239. Jay, John [1745-1829].
Unpublished Papers. Edited by Richard B. Morris. New York:
Harper and Row, 1975, 1980. Complete in 2 Vols. Volume I: Original
cloth, light shelfwear. Owner stamp to front free endpaper, interior
otherwise clean. Volume II: Cloth very good in lightly worn dust
jacket. Ex-library. Shelf label to spine, stamp to top edge. A nice
set. $45.
* Volume I: The Making of a Revolutionary, 1745-1780; Volume
II: The Winning of the Peace, 17880-1784.
240. Magrath, Peter C.
Morrison R. Waite: The Triumph of Character. New York: The
Macmillan Co., 1963. 334 pp. Original cloth, light shelfwear,
internally clean. $95.
* Born in Lyme, Connecticut in 1816, Waite was the seventh Chief
Justice of the United States Supreme Court. He was sworn in March
1874 and served until his death in office, at the age of 72, in
1888.
241. Mersky, Roy A., and Suzanne F. Young, Compilers.
A Documentary History of the Legal Aspects of Abortion in the
United States Planned Parenthood v. Casey. Littleton, Colo.:
F.B. Rothman. 6 Vols. Cloth. New. $375.
* The 1992 Supreme Court decision changed the legal standard for the
evaluation of restrictions on abortion. The new “undue burden”
standard enunciated in Casey left the abortion question far from
settled, and state legislation and future cases will continue to
define the parameters and politics of abortion. This set contains
reprints of the lower court decisions, all briefs, the oral
arguments, and the Supreme Court decision.
242. Mersky, Roy M., and Gary R. Hartman.
A Documentary History of the Legal Aspects of Abortion in the
United States: Roe v. Wade. Littleton, Colo.: F.B. Rothman,
1993. 3 Vols. Hardcover. New. $205.
* Provides researchers and students alike with access to some of the
most important ideas and compelling arguments surrounding the
abortion debate.
243. Muller, W.H.
Early History of the Federal Supreme Court. Boston: Chipman
Law Publishing Co., 1922. Reprint. Littleton, Colo.: F.B. Rothman,
1982. xii, 117 pp. Cloth. New. $38.
* The author covers the early history of the Supreme Court up to the
time Chief Justice Marshall was appointed, and includes short
sketches of the lives of the justices.
244. Novick, Sheldon M., Editor.
The Collected Works of Justice Holmes. Complete Public Writings
and Selected Judicial Opinions of Oliver Wendell Holmes. With a
foreword by Erwin N. Griswold. Chicago: University of Chicago Press,
1995. Three volumes in very worn pictorial slipcase. Quarter-cloth
over paper boards, very good. Frontispiece in each. xxvi, 345; vii,
[1], 500; ix, [1], 552 pp. All three volumes are internally clean. A
nice set. $100.
* The Holmes Devise Memorial Edition. Volume I contains an extensive
introduction by Novick, undergraduate essays, addresses and poems,
Civil War poems and obituaries and articles, comments, book notices
and case digests from The North American Law Review. Volume II
contains Holmes’ notes to Kent’s Commentaries on American Law.
Volume III contains articles written in preparation for The
Common Law, The Common Law itself, later writings, the
1913 edition of Speeches and uncollected and unpublished
addresses. All of these pieces are thoroughly annotated.
245. Schwartz, Bernard, Editor.
The Burger Court: Counter-Revolution or Confirmation? New
York: Oxford University Press, 1998. vi, 316 pp. Cloth in dust
jacket. Fine. $15.
* An impressive collection of writings providing an overview of the
Burger Court’s legacy and significance, gathered by the late Bernard
Schwartz, and contributed by legal scholars and practitioners,
including Derrick Bell, Robert Drinan, Anthony Lewis, Mark Tushnet,
and former U.S. Associate Supreme Court Justice William J. Brennan,
Jr. among others.
246. Semonche, John E.
Charting the Future: The Supreme Court Responds to a Changing
Society, 1890-1920. Westport, CT: Greenwood Press, [1978]. xiii,
470 pp. Original cloth, light shelfwear and soiling. Occasional
underlining and notes (most in pencil). $35.
247. Story, Joseph.
Commentaries on the Constitution of the United States.
Boston: Little, Brown and Company, 1858. 2 Vols. xxxiii, 735, 702pp.
Reprinted 2001 by The Lawbook Exchange, Ltd. Cloth. New. $250.
* Reprint of the third edition, by E.H. Bennett. Arguably the most
important American constitutional work after The Federalist.
248. [Story, Joseph]. 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. 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.
249. Sunstein, Cass R.
One Case at a Time: Judicial Minimalism on the Supreme Court.
Cambridge: Harvard University Press, 1999. xiv, 290 pp. Cloth in
dust jacket. New. $30.
* First edition. An examination of various Supreme Court rulings
showing how and why the Court has avoided broad rulings on
controversial issues.
250. Tushnet, Mark, Editor.
The Warren Court in Historical and Political Perspective.
Charlottesville: University Press of Virginia, [1993]. xi, 220 pp.
Cloth in dust jacket. Fine. $30.
* Contributions by nine well-known legal scholars and historians: G.
Edward White, Michael E. Parrish, Melvin I. Urofsky, Tony Freyer,
Norman Dorsen, Robert C. Post, William A. Nelson and Laura Kalman.
These essays examine the tensions as well as the exact nature of the
Court’s judicial activism. They probe the Court’s political role and
compare it with that of its predecessors and successors.
251. United States Reports [Official Edition].
Volume 539. Cases Adjudged in The Supreme Court at October Term,
2002. June 2 Through October 2, 2003Together with Opinion of
Individual Justice in Chambers. End of Term. Frank D. Wagner
Reporter of Decisions. Washington: U.S. Government Printing Office,
2005. lii, 1311 pp. Cloth. New. $69.
252. United States Reports [Official Edition].
Volume 540. Cases Adjudged in The Supreme Court at October Term,
2003. Beginning of Term October 6, 2003, Through March 1, 2004.
Frank D. Wagner Reporter of Decisions. Washington: U.S. Government
Printing Office, 2005. ccix, 1239 pp. Cloth. New. $75.
* Standing order service available for future volumes as published.
Odd volumes or complete sets of this title are also available.
253. United States Reports. Official Edition.
United States Supreme Court. Washington: Government Printing Office.
Vols. 340 to 540, in 200 books (1950-2003). Original cloth,
ex-library with stamps, else very good condition. Reprint Price $11,765. Special $2,495.
* Individual volumes of this title are available as well as standing
orders for future volumes as published. Most recent volumes
published: 524 $65; 525 $68; 526 $65; 527 $65; 528 $67; 529 $68; 530
$70; 531 $70; 532 $67; 533 $70; 534 $70; 535 $75; 536 $69; 537 $77;
538 $71.; 539 $69; 540 $75.
254. United States Reports. Official Edition.
United States Supreme Court. Washington: Government Printing Office.
Vols. 398 to 540, in 143 books (1969-2003). Original cloth,
ex-library some volumes stamped on page edges and most volumes with
property marks on front covers, else very good condition. Reprint
Price $8,260. Special $2,095.
* Individual volumes of this title are available as well as standing
orders for future volumes as published. Most recent volumes
published: 524 $65; 525 $68; 526 $65; 527 $65; 528 $67; 529 $68; 530
$70; 531 $70; 532 $67; 533 $70; 534 $70; 535 $75; 536 $69; 537 $77;
538 $71; 539 $69; 540 $75.
“The Classic Work on the Subject”
255. Warren, Charles [1868-1954].
The Supreme Court in United States History. New and Revised
Edition. Boston: Little, Brown and Company, 1928. Reprint. New York:
Legal Classics Library, 1992. 2 Vols. Frontispiece. Illustrations.
Calf, decorative gilt stamping, gilt edges, raised bands, marbled
endpapers, ribbon marker. Fine. $195.
* Reprint of revised edition. An “historical study of the Supreme
Court in its political surroundings, and of the effects which its
decisions have produced in American politics....The classic work on
the subject. The author is one of the most conservative students of
the Supreme Court”: Marke, 175. See illustration below.
256. Yarbrough, Tinsley E.
The Burger Court: Justices, Rulings and Legacy. Santa
Barbara, CA: ABC-CLIO, 2000. xv, 346 pp. illustrated. Hardbound. As
new, excellent condition. Special $20.
* Contents: The Burger court and the period — The justices — Major
decisions — Legacy and impact — Key people, laws, and events.
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