The Missouri Supreme Court: From Dred Scott to Nancy Cruzan

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University of Missouri Press, 1993 - Law - 222 pages

In The Missouri Supreme Court, distinguished legal historian Gerald T. Dunne captures the people and personalities, conflicts and controversies of Missouri's rich legal history. Using a lively anecdotal approach to examine the key cases and political disputes, as well as the strong-minded incumbents who have served on the court's bench, he places Missouri's judicial system in the context of the overall political and legal developments in the United States as a whole.

Dunne sets the scene by presenting Missouri before it became a state, tracing the evolution of Indian, Spanish, and French legal influences until the final adoption of a legal system based on the English common law. Then, through a compelling narrative, he recounts not only the factual background of major cases but also interesting biographical information about the disputants. Dunne reveals the fascinating history of the Missouri Supreme Court from the basic violation of human rights in the Dred Scott case up through the ethical questions addressed in the case of Nancy Cruzan's right to die. These are only two of the important decisions of the United States Supreme Court that had their origins in Missouri and are discussed here. These cases are landmarks not only because of what the higher courts said about them, but because of their intrinsic historical interest.

Dunne concludes with portraits of key judges who served on the supreme court. He tells how diminutive Abiel Leonard killed a man in a duel on his way to the Missouri Supreme Court bench. And we learn of "The Sage of Sedalia," Henry Lamm, if not the greatest, certainly the most quotable member of the court who left behind a sparkling sequence of aphorisms. By incorporating such colorful details and enlivening his subject with gusto, charm, and humor, Dunne personalizes the Missouri Supreme Court beyond its institutional function.

The Missouri Supreme Court is an enduring work that reflects the human condition, in both the law and the society it serves, in all its weakness and strength, error and achievement, and occasional glory.

 

Contents

Headwaters 17
1
Flawed Foundations
11
GROWING PAINS
15
Funny Money
17
Missouri Soil
22
The Red and the Black
27
MIDCENTURY TRANSITION
33
Admiralty
35
The Home
105
THE MODERN COURT
109
Missouri Jarndyce
111
The Bitter Primary
115
The Missouri Plan
121
Fall of a Titan
127
The Great Feud
132
LIGHTS AND SHADOWS
139

Field Comes to Missouri
40
Judging the Judges
43
Judges Senators and Cur Dogs
46
THE GREAT CONFRONTATION
49
Dred Scott
51
Ouster by Truncheon
59
The Recalcitrant Priest
64
DISCONTENTS OF DEMOCRACY
73
Emblem of Reconciliation
75
The Ladies Judges and Progressives
80
The Blacksmith Boss
86
The Rube
91
Monopoly
96
The Commissioners
100
Foiling the Great Governorship Steal
141
Rat Alley
151
Civil Rights
164
PROSPECT
173
The Assault on the Citadel
175
Sunset and Evening Star
184
RETROSPECTIVE
191
Portraits
193
Miniatures
201
Judges and Commissioners
209
Bibliography
215
Index
219
Copyright

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About the author (1993)

Gerald T. Dunne is Professor of Law Emeritus at St. Louis University. He is also Editor-in-Chief of Banking Law Journal and author of numerous books including Hugo Black and the Judicial Revolution, and most recently Grenville Clark, Public Citizen.

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