The American Judicial Tradition

G. Edward White is University Professor and David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is author of several works of biography and law that include the award-winning Oliver Wendell Holmes, Jr., and most recently, Alger Hiss's Looking Glass Wars.

Acclaim for previous editions"[A]n outstanding book.[A] keenly intelligent and insightful explanation of how American appellate judges have justified the special power they have in this nation.

• Preface to Third Edition ; Preface to Expanded Edition ; Preface ; Introduction ; 1. John Marshall and the Genesis of the Tradition ; 2. Kent, Story, and Shaw: The Judicial Function and Property Rights ; 3. Roger Taney and the Limits of Judicial Power ; 4. Political Ideologies, Professional Norms, and the State Judiciary in the Late Ninteenth Century: Cooley and Doe ; 5. John Marshall Harlan I: The Precursor ; 6. The Tradition at the Close of the Nineteenth Century ; 7. Holmes, Brandeis, and the Origins of Judicial Liberalism ; 8. Hughes and Stone: Ironies of the Chief Justiceship ; 9. Personal versus Impersonal Judging: The Dilemmas of Robert Jackson ; 10. Cardozo, Learned Hand, and Frank: The Dialectic of Freedom and Constraint ; 11. Rationality and Intuition in the Process of Judging: Roger Traynor ; 12. The Mosaic of the Warren Court: Frankfurter, Black, Warren, and Harlan ; 13. The Anti-Judge: William O. Douglas and the Ambiguities of Individuality ; 14. The Burger Court and the Idea of "Transition" in the American Judicial Tradition ; 15. The Unexpectedness of the Rehnquist Court ; 16. The Tradition and the Future ; Appendix: Chronology of Judicial Service ; Notes ; Bibliographical Note ; Index