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Terrorism and Habeas Corpus: a Jurisdictional Escape Joumal of SMpreme COM rl Hislory (ISSN 1059-4329 [print]' ISSN 1540-58 I 8 [online]) is published three times a year in March, July, and November by the Supreme COUtt Historical Society through Blackwell Publishing, Inc., with offices at 350 Main St, Malden, MA 02148 USA and PO Box 1354, Garsington Rd, Oxford, OX4 2DQ, UK and PO Box 378 Carlton SOllth, 3053 Victotia, Australia. Information for Subscribers For new orders, renewals, sample copy requests, claims, changes ofaddress and all other subscri ption correspondences please contact the Journals Depar tment at your nearest Bla ck well office (address details listed above). UK office phone: +44 (0) 1865-7783 IS. 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Advertising For ad vertising information, pleas e visir the Journal's website ar www.blackweUpublishing.com/JSCH or conract the Academic and Science, Advertising Sales Coordinator, at JournaladsUSA@ bos.blackwellpublis hing.com. 350 Main St. Malden, MA 02148. Phone: 781-388-8532, Fax: 781-338-8532. Abstracting and Indexing The contents of this Journal are indexed or abstracted in the following: ABC-Clio; Aca­ demic Search Premier; America: History and Life; Cambridge SCientific Abstracts Worldwide Political Science Abstracts; Catch Word; EBSCO Academic Search Premier; EBSCO Legal Collection ; Historical Abstracts; Index to Legal Periodicals and Books; InfoTrac Custom; InfoTrac OneFile; Ingenta ; Inter­ national Political Science Abstracts; JSTOR; LegalTrac; Online Computer Library Center ArticleFirst; Online Computer Libraty Center Index to Legal Periodicals & Books; and Sociological Abstracts. SUPREME OUR T ISTORJCAL SOCIETY CHAIRMAN EMERITUS D. CHAIRMAN Leon Silverman PRESIDENT Frank C. VICE PRESIDUlTS Vincmc C. Burke, III Je. I. LanG1S ter, Jr, SECRETARY Wdrrcn Daly TREASURER Sheldon S, Cohen TRUSTHS R, Adams A.E. DIck Howard Bernard J, Bruce Alverson Frank G, Charles B, Renfrew Peter G, Robb M. Wdham Bradford Martha Barnett Herman Bdz Barbara Black Allen LlCovara L Black, Jr. KathleCr1 McCree LeWIS Sckulow Frank Boardman B, Libin Richard A, Schneider Brennan DaVId Scorr Edmund N, II Andrew M, Coats Kenneth Scan: Charks J, Scone l'v1.chacl A. Walter Seeb P. vVaxman Diddcn III N. WilIiams C. Duff Wilson Wilham Edlund Michael Mone W Foster 'Wollen D. Illis Lucas Morel Donald A. btrada Charlc> David Frederick W Morns, JII Ch,lrlrs 0. Galvin M, Nanncs General Counsel Fmnk B, Gilbert Rick 0, David T Pride L, Goldman B, O'Hara Executive Director D. Gordan, III Ted Olsen Kathleen Shurrleff Frank Gundlach David Onorato Assistant DireClor Robert A, Gwinn Caner G, Heineman Leon Allen Hill M, Reasoner JOURNAL OF SUPREME COURT HISTORY 2005 vol. 30 no. PUBLICATIONS COMMITTEE James B. O'Hara, Chairman Donald B. Ayer Louis R. Cohen Lucas Morel Lurher T. Munford David O'Brien Carter G. Phillips E. I)arrett Prettyman, Jr. Teresa Roseborough Michael Russ D. Grier Stephenson, J r. Melvin 1. Urofsky BOARD OF EDITORS Melvin 1. Urofsky, Chainl1an H er man Belz David J. I)odenhamcr Kermit Hall Craig Joyce Laura Kalman David O'Brien Michael Parrish L.A. Powe, Jr. MANAGING EDITOR Clare Cushman Bbckwrll PubJishing. Bo"fOJl. 'i\ L1!'~( hU~C I b & O.\"f~ II"(:L UK GENERAL STATEMENT the eoIlecrion and of the Columbld 111 [97+ it was founded by chairman. educational outreach program rl,'''(!n~'' Court. the Constitution and cosponsors school tC;lCh('rs ro educate thcll" srudcms about [0 rcachers about members programs and activities. collection of articles and book reviews, wh,ch appears LalJJl>llCG scholars promote of the Supreme Court of the United States, grant from the National HistoriGll Publications COlluTI1ssion seeks (0 reconstruct an accurate record the the form,ltivc dCGllle between 1789 ;md [800 because records intc.rviewcd is program [hat has Illustrated Biographies 178'11995 JUVL~Hl~ Court Decisions and Women's Rights: Milestones to to law cases; We the Students: Comt Cases for and About School Students a Raskin; and Black White and Brown: The Landmar:k School collecrion to the of [he Browl1 collection of busts and and other artifacrs and memorabilia to rhe Court's These matcnals arc by the Come Curator's Office for [he benefit of rhe one 5,700 members JOURNAl OF UP c U HIS OR 200" vol. 30, no, INTRODUCTION MelvilJ L v ARTI(LES The Public to Controversiril COLlrt Decisions: The Insular Cases Bartholomew H. 197 Harlan's Lectures at Terrorism and H;Jbe3s Comus: A Morad FakUllli Blrised c of the Comt of the UnIted Strites Albert rm:vrCllcc The (he 271 The Bookshelf D CONTRIBUTORS 30 3 PHOTO CREDITS 2005, by t)DDfrmal1 }-[OUSC ·Introduction Melvin 1. Urofsky The articles in this issue cover a wide va­ a world power and joined other Western nations riety of but no more so than any of the in holding overseas territories as IJU~"':;:S:SJ!\)Il;>, recent Terms ofthe Court Matters of a~ry wn foreign policy, habeas corpus, patent and how we would treat those territories and their the like were on the Court's docket in the Octo­ under the Constitution. This not ber 2004 and no doubt some future editor just a matter it would affect how ofthis Journal will be those cases. laws for the governance of The first article some truth in ad­ those territories and how the President would on my A book that] am direct their administration. The Court contains forty essays on the response to a particularly important role in this de­ controversial Supreme Court decisions, start- bate, because in the end the Insular Cases did with M 'Culloch v. lvfaryland (1819) and with McConnell v. Federal Election cared about this issue. Commission (2003). This book aims to show We are to be abJe to this the Court's decisions in a wider perspective on the by Bartholomew Sparrow ofthe than that of the law itself. These decisions do University of Texas. have an impact, even if that impact is not al­ There have been only a few law profes­ ways as dramatic as, for the strik­ Court. One thinks down of in Brown v. Board Story and Felix Frankfurter. Education ( The decisions of the Court But many Justices right down to the affect public policy and the public's percep­ have done some as part of their ex- tion of that policy.
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