front cover of A Court That Shaped America
A Court That Shaped America
Chicago's Federal District Court from Abe Lincoln to Abbie Hoffman
Richard Cahan
Northwestern University Press, 2002
Big and small dramas play out every day in the United States District Court for the Northern District of Illinois. Headquartered in Chicago, the court has played a pivotal role in U.S. history. This is where Abraham Lincoln, as a young lawyer, changed the direction of westward expansion when he argued that trains-not steamships-were America's future. This is where Al Capone met his fall, at a trial that finished him as Public Enemy Number One. And this is where Abbie Hoffman, the nation's first Yippie, butted heads with Judge Julius J. Hoffman and the Establishment at the trial known as the Conspiracy Eight.

A Court That Shaped America traces the flesh-and-blood courtroom scenes from the district's first cases in the early nineteenth century through the turn of the millennium. Historical figures--including Mormon leader Joseph Smith, inventor Thomas Edison, and author Mark Twain--as well as contemporary superstars like Michael Jackson and Oprah Winfrey have all had their day in the Northern Illinois court. Some were victorious; some came out scathed. This book examines these great trials and the people behind them to offer a unique look at Chicago and U.S. history.
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It's Not Personal
Politics and Policy in Lower Court Confirmation Hearings
Logan Dancey, Kjersten R. Nelson, and Eve M. Ringsmuth
University of Michigan Press, 2020

In order to be confirmed to a lifetime appointment on the federal bench, all district and circuit court nominees must appear before the Senate Judiciary Committee for a confirmation hearing. Despite their relatively low profile, these lower court judges make up 99 percent of permanent federal judgeships and decide cases that relate to a wide variety of policy areas. To uncover why senators hold confirmation hearings for lower federal court nominees and the value of these proceedings more generally, the authors analyzed transcripts for all district and circuit court confirmation hearings between 1993 and 2012, the largest systematic analysis of lower court confirmation hearings to date. The book finds that the time-consuming practice of confirmation hearings for district and circuit court nominees provides an important venue for senators to advocate on behalf of their policy preferences and bolster their chances of being re-elected. The wide variation in lower court nominees’ experiences before the Judiciary Committee exists because senators pursue these goals in different ways, depending on the level of controversy surrounding a nominee. Ultimately, the findings inform a (re)assessment of the role hearings play in ensuring quality judges, providing advice and consent, and advancing the democratic values of transparency and accountability.

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Justice and Legal Change on the Shores of Lake Erie
A History of the United States District Court for the Northern District of Ohio
Paul Finkelman
Ohio University Press, 2012

Justice and Legal Change on the Shores of Lake Erie explores the many ways that the United States District Court for the Northern District of Ohio has affected the region, the nation, the development of American law, and American politics.

The essays in this book, written by eminent law professors, historians, political scientists, and practicing attorneys, illustrate the range of cases and issues that have come before the court. Since the court’s inception in 1855, judges have influenced economic developments and social issues, beginning with the court’s most famous early case, involving the rescue of the fugitive slave John Price by residents of Northern Ohio. Chapters focusing on labor strikes, free speech, women’s rights, the environment, the death penalty, and immigration illustrate the impact this court and its judges have had in the development of society and the nation’s law. Some of the cases here deal with local issues with huge national implications xad—like political corruption, school desegregation, or pollution on the Cuyahoga River. But others are about major national issues that grew out of incidents, such as the prosecution of Eugene V. Debs for opposing World War I, the litigation resulting from the Kent State shootings and opposition to the Vietnam War, and the immigration status of the alleged Nazi war criminal John Demyanjuk.

This timely history confirms the significant role played by district courts in the history of the United States.

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A Place of Recourse
A History of the U.S. District Court for the Southern District of Ohio, 1803–2003
Roberta Sue Alexander
Ohio University Press, 2005

The first history of a federal district court in a midwestern state, A Place of Recourse explains a district court’s function and how its mission has evolved. The court has grown from an obscure institution adjudicating minor debt and land disputes to one that plays a central role in the political, economic, and social lives of southern Ohioans.

In tracing the court’s development, Alexander explores the central issues confronting the district court judges during each historical era. She describes how this court in a non-slave state responded to fugitive slave laws and how a court whose jurisdiction included a major coal-mining region responded to striking workers and the unionization movement. The book also documents judicial responses to Prohibition, New Deal legislation, crime, mass tort litigation, and racial desegregation.

The history of a court is also the history of its judges. Accordingly, Alexander provides historical insight on current and past judges. She details behind-the-scenes maneuvers in judicial appointments and also the creativity some judges displayed on the bench—such as Judge Leavitt, who adopted admiralty law to deal with the problems of river traffic.

A Place of Recourse demonstrates that, at least in the Southern District of Ohio, the federal district court has played the role its creators hoped it would—upholding federal law even when the citizens of the region actively opposed such enforcement.

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Reclaiming the Federal Courts
Larry Yackle
Harvard University Press, 1994

Go ahead and try to make a federal case of it. That may seem to be your right, but as Larry Yackle reveals in Reclaiming the Federal Courts, the guardians of that right don’t see it that way. A systematic study of the role the federal courts play in enforcing the Constitution, this powerful book shows how the current conservative Supreme Court has undermined that role by restricting citizens’ access to these courts.

Yackle focuses on judicially created doctrines that channel certain cases away from the federal courts (which tend to hold government power in check) and into state courts (which tend to allow government a relatively free hand). In doing so, he clearly shows how seemingly arcane and confusing legal technicalities actually tilt the delicate balance between government power and individual liberty in the United States. As he traces the historical underpinnings of the federal judicial system, Yackle explains how access to the federal courts in federal-question cases is intertwined with the most fundamental elements of American Jurisprudence—Legal Formalism, Legal Realism, Legal Process, and the Civil Rights Movement—as well as with the recent conservative retrenchment. He goes on to examine specific modern doctrines. Here we see how the Rehnquist Court’s restrictive rules deny citizens standing to sue in federal court, disclaim the federal courts’ jurisdiction even when standing is conceded, channel cases away from the federal courts even when they have jurisdiction, and frustrate the right to petition the federal courts for a writ of habeas corpus—perhaps the most fundamental right of any citizen.

Yackle’s straightforward style makes his description and analysis of existing law intelligible to students and others who wish to understand how the federal judicial system actually functions—or fails to function. The book concludes with concrete recommendations for congressional action to correct the subtle but significant injustice that Yackle so clearly and cogently exposes.

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United States District Courts and Judges of Arkansas, 1836–1960
Frances Mitchell Ross
University of Arkansas Press, 2016
The essays in United States District Courts and Judges of Arkansas, 1836–1960—one each for a judge and his decisions—come together to form a chronological history of the Arkansas judicial system as it grew from its beginnings in a frontier state to a modern institution.

The book begins with statehood and continues with Congress’s decision to expand jurisdiction of the original 1836 District Court of Arkansas to include the vast Indian Territory to the west. The territory’s formidable size and rampant lawlessness brought in an overwhelming number of cases. The situation was only somewhat mitigated in 1851, when Congress split the state into eastern and western districts, which were still served by just one judge who travelled between the two courts.

A new judgeship for the Western District was created in 1871, and new seats for that court were established, but it wasn’t until 1896 that Congress finally ended all jurisdiction of Arkansas’s Western District Court over the Indian Territory.

Contributors to this collection include judges, practicing attorneys, academics, and thoughtful and informed family members who reveal how the judges made decisions on issues involving election laws, taxes, civil rights, railroads, liquor and prohibition, quack medicine, gangsters, bankruptcy, personal injury, the draft and Selective Service, school desegregation, prisons, and more. United States District Courts and Judges of Arkansas, 1836–1960 will be of value to anyone interested in Arkansas history—particularly Arkansas legal and judicial history as it relates to the local and national issues that came before these judges.

This project was supported in part by the United States District Court for the Eastern District of Arkansas and the United States District Court for the Western District of Arkansas.
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