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978-0-7391-3758-1 • Hardback • November 2009 • $140.00 • (£108.00)
978-0-7391-3759-8 • Paperback • August 2010 • $55.99 • (£43.00)
978-0-7391-3760-4 • eBook • November 2009 • $50.00 • (£38.00)
Ethan Greenberg is an Acting New York State Supreme Court Justice and an Adjunct Professor at Fordham Law School.
Chapter 1 Introduction
Part 2 Part I. History
Chapter 3 Chapter 1. Preface—Dred Scott in a House Divided
Chapter 4 Chapter 2. A Slave's Life
Chapter 5 Chapter 3. False Promise of Freedom—Scott's State Court Trials
Chapter 6 Chapter 4. "A Dark and Fell Spirit"—Missouri's Supreme Court Reverses
Chapter 7 Chapter 5. New Trial and Defeat in St. Louis Federal Court
Chapter 8 Chapter 6. At the Summit—Argument and Reargument
Chapter 9 Chapter 7. The President-Elect Secretly Intervenes
Chapter 10 Chapter 8. "The South is Doomed"—Chief Justice Roger Taney
Part 11 Part II. Law
Chapter 12 Chapter 9. Taney's Opinion of the Court: An Overview
Chapter 13 Chapter 10. Can a Black Man Be a True American?—Taney on Negro Citizenship
Chapter 14 Chapter 11. "Upon These Considerations"—Taney Strikes Down the Missouri Compromise
Chapter 15 Chapter 12. The Road Not Taken—Taney on Choice of Law and Res Judicata
Chapter 16 Chapter 13. The Majority Concurs (After a Fashion)
Chapter 17 Chapter 14. Two Ringing Dissents
Chapter 18 Chapter 15. Reaction and the Way to Civil War
Part 19 Part III. Analysis
Chapter 20 Chapter 16. The Use and Misuse of History
Chapter 21 Chapter 17. The Aspirationalist Critique—"Indifference to Injustice"
Chapter 22 Chapter 18. The Originalist Critique—"First Cousin to Roe"
Chapter 23 Chapter 19. The Traditional "Judicial Restraint" Critique
Chapter 24 Chapter 20. Dred Scott and the Dangers of a Political Court
Ethan Greenberg has written what will probably prove to be the definitive account and analysis of the Dred Scott decision—one of the most consequential, and reviled, decisions in the history of the U.S. Supreme Court. This is a beautifully written book, providing both a gripping narrative of the Dred Scott litigation and a penetrating analysis of the opinions of the Justices, and of the use made of the decision by modern scholars in debates over Roe v. Wade.
— Richard A. Posner, U.S. Circuit Judge
Judge Greenberg has written a superb analysis of the infamous Dred Scott decision, vividly depicting the historical background, the human story of the litigants, and most perceptively, how the decision relates to the judicial philosophies of the justices on today's Supreme Court.
— Philip Weinberg, editor in chief of The Supreme Court
An original and insightful study, which shows the significant connection between the Supreme Court's 'worst decision' and the legal theories behind modern Court decisions.
— Richard Slotkin, Wesleyan University
The volume synthesizes much of the historical scholarship on Dred Scott and imbibes deeply in the literature on the era, presenting this material in a clear and organized fashion. . . .The book's subdivisions into clearly labeled parts, chapters, and subsections makes it useful too for teachers of U.S. survey classes. . . .Clearly written and argued, and thoroughly accessible to the reader with less background in legal theory and history, Greenberg's Dred Scottand the Dangers of a Political Court makes an interesting and comprehensive introduction to the Dred Scott case. . . .Greenberg's argument is convincing and significant for the current day--particularly in light of what he points out as the almost flippant way the Dred Scott case gets used in politics and journalism.
— Louisiana History