The Collected Legal Papers

The Collected Legal Papers

A Supreme Court justice for four decades, Holmes is renowned for his learning, judgment, and eloquence, as reflected in this compilation of 26 of his papers and addresses.

Collected Legal Papers

Collected Legal Papers

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Collected Legal Papers

Collected Legal Papers

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Mountain Meadows Massacre

Collected Legal Papers

Mountain Meadows Massacre

Historians have long debated the circumstances surrounding the massacre, one of the most disturbing and controversial events in American history, and painful questions linger to this day. Based on the highest curatorial standards, this invaluable collection allows readers the opportunity to form their own conclusions about the forces that lay behind this dark moment in western U.S. history.

The Collected Works of John Dewey, Index

1882 - 1953

The Collected Works of John Dewey, Index

A cumulative index to "The Collected Works of John Dewey, 1882-1953," this distinctive, indispensable volume includes a collected works contents, title index, and subject index.

The Cloaking of Power

Montesquieu, Blackstone, and the Rise of Judicial Activism

The Cloaking of Power

How did the US judiciary become so powerful—powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In The Cloaking of Power, Paul O. Carrese provides a provocative analysis of the intellectual sources of today’s powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to “cloak power” by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political. To address this crisis, Carrese argues for a rediscovery of an independent judiciary—one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right.