Madam Chief Justice


Book Description

The story of South Carolina’s first female Chief Justice, with contributions by Sandra Day O’Connor, Ruth Bader Ginsburg, legal scholars, family members, and more. As a lawyer, legislator, and judge, Jean Hoefer Toal is one of the most accomplished women in South Carolina history. In this volume, contributors—including two United States Supreme Court Justices, federal and state judges, state leaders, historians, legal scholars, leading attorneys, family, and friends—provide analysis, perspective, and biographical information about the life and career of this dynamic leader and her role in shaping South Carolina. Growing up during the 1950s and ‘60s, Jean Hoefer was a youthful witness to the civil rights movement in the state and nation. Observing the state’s premier civil rights lawyer, Matthew J. Perry Jr., in court encouraged her to attend law school, where she met her husband, Bill Toal. When she was admitted to the South Carolina Bar in 1968, fewer than one hundred women had been admitted in the state’s history. From then on she was both a leader and a role model. She excelled in trial and appellate work and won major victories on behalf of Native Americans and women. In 1975, she was elected to the South Carolina House of Representatives, and despite her age and gender quickly became one of the most respected members of that body. During her years in the House, Toal promoted major legislation on issues including constitutional law, criminal law, utilities regulation, local government, state appropriations, workers compensation, and freedom of information. In 1988, she was sworn in as the first female justice on the Supreme Court of South Carolina, and twelve years later she was elected Chief Justice, becoming the first woman ever to hold the highest position in the state’s judiciary. As Chief Justice, Toal modernized not only her court, but also the state’s judicial system. As a child, she loved roller skating in the lobby of the post office—a historic building that now serves as the Supreme Court of South Carolina. From a child in Columbia to Madam Chief Justice, her story comes full circle in this compelling account of her life and influence. Contributors include: Joseph F. Anderson, Jr. * Joan P. Assey * Jay Bender * C. Mitchell Brown * W. Lewis Burke Jr. * M. Elizabeth (Liz) Crum * Tina Cundari * Cameron McGowan Currie * Walter B. Edgar * Jean Toal Eisen * Robert L. Felix * Richard Mark Gergel * Ruth Bader Ginsburg * Elizabeth Van Doren Gray * Sue Erwin Harper * Jessica Childers Harrington * Kaye G. Hearn * Blake Hewitt * I.S. Leevy Johnson * John W. Kittredge * Lilla Toal Mandsager * Mary Campbell McQueen * James E. Moore * Sandra Day O’Connor * Richard W. Riley * Bakari T. Sellers * Robert J. Sheheen * Amelia Waring Walker * Bradish J. Waring




Alwd Citation Manual


Book Description

ALWD Citation Manual: A Professional System of Citation, now in its Fourth Edition, upholds a single and consistent system of citation for all forms of legal writing. Clearly and attractively presented in an easy-to-use format, edited by Darby Dickerson, a leading authority on American legal citation, the ALWD Citation Manual is simply an outstanding teaching tool. Endorsed by the Association of Legal Writing Directors, (ALWD), a nationwide society of legal writing program directors, the ALWD Citation Manual: A Professional System of Citation, features a single, consistent, logical system of citation that can be used for any type of legal document complete coverage of the citation rules that includes: - basic citation - citation for primary and secondary sources - citation of electronic sources - how to incorporate citations into documents - how to quote material and edit quotes properly - court-specific citation formats, commonly used abbreviations, and a sample legal memorandum with proper citation in the Appendices two-color page design that flags key points and highlights examples Fast Formatsquick guides for double-checking citations and Sidebars with facts and tips for avoiding common problems diagrams and charts that illustrate citation style at a glance The Fourth Edition provides facsimiles of research sources that a first-year law student would use, annotated with the elements in each citation and a sample citation for each flexible citation options for (1) the United States as a party to a suit and (2) using contractions in abbreviations new rules addressing citation of interdisciplinary sources (e.g., plays, concerts, operas) and new technology (e.g., Twitter, e-readers, YouTube video) updated examples throughout the text expanded list of law reviews in Appendix 5 Indispensable by design, the ALWD Citation Manual: A Professional System of Citation, Fourth Edition, keeps on getting better




The North Carolina State Constitution


Book Description

North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of North Carolina's constitution. Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education." The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.







Friends of the Supreme Court: Interest Groups and Judicial Decision Making


Book Description

The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.




A Warren Court of Our Own


Book Description

"While the expansion of individual rights by the United States Supreme Court under Chief Justice Earl Warren has been the subject of extensive academic commentary, very little has been written about the Exum Court in North Carolina. The dearth of scholarship on this subject is unfortunate because Jim Exum's tenure as chief justice-like Warren's-constituted an unprecedented era of judicial boldness. This book is based primarily on a detailed review of the Exum Court's body of cases and over 45 interviews with the surviving justices from that era of the court, law clerks, practitioners, and members of North Carolina's legal academy. In addition, it draws upon contemporaneous interviews of the justices conducted between 1986 and 1995 as well as on the few existing books and articles about the members of the Exum Court and North Carolina's transformation into a two-party state in judicial elections. This book explores in depth the pathbreaking nature of the Exum Court's jurisprudence and the justices themselves in the hope of providing a better understanding of this unique and important period in the history of North Carolina's highest court and how it fundamentally changed North Carolina law"--




The Supreme Court and Legal Change


Book Description

The authors analyze abortion and death penalty decisions by the Supreme Court and argue that they provide prime examples of abrupt legal change. After proposing that the strength of legal arguments has at least as much impact on Court decisions as do public opinion and justices' political beliefs, they focus on the way litigators propel certain issues onto the Court's agenda and seek to persuade the justices to affect legal change.




The Georgia-South Carolina Boundary


Book Description

Since 1732, when Georgia was created out of South Carolina territory, the boundary between the two states has been disputed. This controversy reignited in the 1970s, culminating in a suit filed by Georgia in the U. S. Supreme Court to ascertain the location of the true boundary line between the states. De Vorsey's book grows out of this controversy and is a detailed examination of the historical geography of that boundary. After reviewing the events that led to the 1977 litigation, De Vorsey provides a detailed analysis of Georgia's original charter and the 1787 Treaty of Beaufort--two documents crucial to an understanding of the dispute. Using documentary and cartographic resources, he reconstructs the geographical conditions that existed at the time the documents were drafted and investigates how eighteenth-century Georgians and South Carolinians perceived these conditions. In the course of his inquiry he discusses the tremendous natural forces that have sculpted and re-sculpted the unstable shorelines and islands formed by geologically youthful delta sediments. He considers, too, the impact of man on the environment as he attempted to control nature and improve navigability on the Savannah River. The study concludes with a discussion of the particular areas of the Savannah River's shores and islands involved in the Supreme Court litigation.




Prison and Plantation


Book Description

This broad, comparative study examines the social, economic, and legal contexts of crime and authority in two vastly different states over a one hundred year period. Massachusetts--an urban, industrial, and heterogeneous northern state--chose the penitentiary in its attempt to minimize the role of informal and extralegal authority while South Carolina--a rural southern slave state--systematically reduced its formal legal institutions, frequently relying on vigilantism. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.




The Great South Carolina Ku Klux Klan Trials, 1871-1872


Book Description

It is remarkable that the most serious intervention by the federal government to protect the rights of its new African American citizens during Reconstruction (and well beyond) has not, until now, received systematic scholarly study. In The Great South Carolina Ku Klux Klan Trials, Lou Falkner Williams presents a comprehensive account of the events following the Klan uprising in the South Carolina piedmont in the Reconstruction era. It is a gripping story--one that helps us better understand the limits of constitutional change in post-Civil War America and the failure of Reconstruction. The South Carolina Klan trials represent the culmination of the federal government's most substantial effort during Reconstruction to stop white violence and provide personal security for African Americans. Federal interventions, suspension of habeas corpus in nine counties, widespread undercover investigations, and highly publicized trials resulting in the conviction of several Klansmen are all detailed in Williams's study. When the trials began, the Supreme Court had yet to interpret the Fourteenth Amendment and the Enforcement Acts. Thus the fourth federal circuit court became a forum for constitutional experimentation as the prosecution and defense squared off to present their opposing views. The fate of the individual Klansmen was almost incidental to the larger constitutional issues in these celebrated trials. It was the federal judge's devotion to state-centered federalism--not a lack of concern for the Klan's victims--that kept them from embracing constitutional doctrine that would have fundamentally altered the nature of the Union. Placing the Klan trials in the context of postemancipation race relations, Williams shows that the Klan's campaign of terror in the upcountry reflected white determination to preserve prewar racial and social standards. Her analysis of Klan violence against women breaks new ground, revealing that white women were attacked to preserve traditional southern sexual mores, while crimes against black women were designed primarily to demonstrate white male supremacy. Well-written, cogently argued, and clearly presented, this comprehensive account of the Klan uprising in the South Carolina piedmont in the late 1860s and early 1870s makes a significant contribution to the history of Reconstruction and race relations in the United States.