187. Corwin, Edward S. Court Over Constitution. A Study of Judicial Review as an Instrument of Popular Government. Princeton: Princeton University Press, 1938. xi, [2], 273 pp. Ex-library. Original light blue cloth. Spine slightly chipped at head. Front hinge cracked but secure. Small white label at bottom of front cover. Previous owner’s name on front free endpaper in pencil.  $35.
* First edition.

188. Ely, John Hart. Democracy and Distrust: A Theory of Judicial Review. Cambridge: Harvard University Press, 1980. viii, 268 pp. Cloth very good in moderately worn dust jacket.  $85.
* An influential study that continues to shape the post-Warren Court’s debate concerning its appropriate role in a constitutional democracy.

Outstanding History of the U.S. Supreme Court

189. Freund, Paul A., and Stanley N. Katz, General Editors. The Oliver Wendell Holmes Devise. History of the Supreme Court of the United States. New York and London: The Macmillan Company, [1971-1993]; Cambridge University Press, 2006. Volumes I-II, III-IV in one, V-VII, Supplement to VII, VIII-IX, XII, in 10 books. Complete set of all volumes published to date. Original green and maroon cloth with gilt stamped spines, top edges gilt. Interiors clean. A very good set.  $1,750.
* A comprehensive work of outstanding scholarship. Contents include: Volume I: Julius Goebel, Jr., Antecedents and Beginnings to 1801 (1971). Vol. II: George L. Haskins and Herbert A. Johnson, Foundations of Power: John Marshall 1801-15 (1981). Vol. III-IV (in 1 book): G. Edward White, The Marshall Court and Cultural Change, 1815-35 (1988). Vol. V: Carl B. Swisher, The Taney Period 1836-65 (1974). Vol. VI: Charles Fairman, Reconstruction and Reunion 1864-88 Part One (1971). Vol. VII: Fairman, Reconstruction and Reunion 1864-88 Part Two (1987). Vol. VII Supplement: Fairman, Five Justices and the Electoral Commissions 1877 (1988). Vol. VIII: Owen M. Fiss, Troubled Beginnings (1993) (reprinted 2006). Vol. IX: Alexander M. Bickel and Benno C. Schmidt, The Judiciary and Responsible Government 1910-21 (1984). Vol. XII: William M. Wiecek, The Birth of the Modern Constitution: The United States Supreme Court, 1941-1953. (2006).

191. Twiss, Benjamin R. Lawyers and the Constitution: How Laissez Faire Came to the Supreme Court. With a foreword by Edward S. Corwin. xii, 271 pp. Princeton University Press, [1942]. Reprinted 2001 by The Lawbook Exchange, Ltd. Cloth. New.  $75.
* Spanning the years 1875 to 1935, this work is an attempt to “...analyze the vital function of the bar as a liaison between businessmen and judges, and to show how protests against government interference with private enterprise were translated into formal constitutional limitations. It is also an important, a highly important, chapter in the history of those twin institutions, Judicial Review and its product, Constitutional Law.” Foreword, p. ix. Twiss [1912-1941] died tragically in an automobile accident at a young age. His professor at Princeton, Edward S. Corwin, edited this manuscript and prepared it for publication following his death. “One recalls, with sorrow at his early demise, that brilliant study by Professor Corwin’s student, Dr. B.R. Twiss showing how our most brilliant barristers have led, if not shepherded, the opposition to all recent social legislation, from the income tax on.” Yale L.J. 54:175. Marke, A Catalogue of the Law Collection at New York University (1953) 381.

192. United States Supreme Court Reports, Lawyers’ Edition 2d Series. LexisNexis. Vols. 1 to 154 (1956-2002) regular bound volumes. Current through November 2004 supplements [with] 2005 Later Case Service and Citator Service vols. covering volumes 1-31 in 2 softbound books. Ex-law library with stamps, first forty with moderate to heavy shelf wear, else very good. Publisher’s Price $5,211.50  Special $1,095.
* Previously published by Lawyers Cooperative Publishing. Contains the complete reports of the U.S. Supreme Court, including concurring and dissenting opinions, a full text of all memorandum cases and the court’s miscellaneous proceedings, a syllabus of the U.S. Supreme Court Reporter decisions and numerous summaries of briefs filed in the Supreme Court along with the names of all the attorneys who participated.
See illustration below.