Viewed This Immense Burden
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Reminiscences of the United States Supreme Court
YALE LAW JO URNAL. REMINISCENCES OF THE UNITED STATES SUPREME COURT. On motion of Reverdy Johnson, at one time Attorney-General and afterward Senator in Congress from Maryland, I was admitted to the bar of the Supreme Court in 1865. Salmon P. Chase was then Chief Justice, and the associates were James M. Wayne, Robert C. Grier, Noah H. Swayne, David Davis, Samuel Nelson, Nathan Clifford, Samuel F. Miller and Stephen J. Field. All of these, ex- cepting Justice Field,* are now dead. I was in Washington at the inauguration of Franklin Pierce in 1853 and attended some of the sessions of the Supreme Court at that time. That court then con- sisted of Roger B. Taney, Chief Justice; John McLean, James M. Wayne, John Catron, Peter V. Daniel, Samuel Nelson, Robert C. Grier, Benjamin R. Curtis and John A. Campbell, associates, none of whom are now living. I never saw Taney, Catron or Daniel afterward, and have no very distinct impressions as to Catron or Daniel, but Chief Justice Taney was a noticeable man and his ap- pearance is still daguerreotyped upon my memory. He was a tall, angular and exceedingly slim man. Apparently there was little or no flesh upon his bones and his face was deeply furrowed by the ravages of time. His eyes surmounted by shaggy eyebrows were deeply set under a remarkably low forehead. There was a rough and rugged distinctness about all his features. He was appointed Chief Justice in 1836 and died in office when he was 88 years old. He was 8o years of age when he delivered the opinion of the court in the celebrated Dred Scott case. -
“THE MOVEMENT of COERCION” Justice David J. Brewer
“THE MOVEMENT OF COERCION” BY Justice David J. Brewer _______ FOREWORD BY DOUGLAS A. HEDIN Editor, MLHP David Josiah Brewer served on the Supreme Court from December 18, 1889 to March 27, 1910. Off the court, he continued to express his views on a wide range of subjects, legal and otherwise, through articles in journals, books and numerous public addresses, including the following to the New York State Bar Association in January 1893. 1 His topic was “The Movement of Coercion” which, he explained, referred to the demands of the “multitudes” to share the wealth earned and accumulated by a few: I wish rather to notice that movement which may be denominated the movement of "coercion," and which by the mere force of numbers seeks to diminish protection to private property. It is a movement which in spirit, if not in letter, violates both the Eighth and Tenth Command- ments; a moment, which, seeing that which a man has, attempts to wrest it from him and transfer it to those who have not. It is the unvarying law, that the wealth of a community will not be in the hands of a few, and the greater the general wealth, the greater the individual accumulations. 1 In his biography of the justice, Michael J. Brodhead devotes an entire chapter to his “off-the- bench activities.” David J. Brewer: The Life of a Supreme Court Justice, 1837-1919 116-138 (Southern Illinois Univ. Press, 1994)(“In fact, he was the most visible and widely known member of the Fuller Court.”). 1 He argued that the “coercion movement” against private property expressed itself through, first, unions and, second, excessive regulation, though neither was evil per se : First, in the improper use of labor organizations to destroy the freedom of the laborer, and control the uses of capital. -
2007-2008 Annual Review
School for Advanced Research on the Human Experience A GALAXY OF THOUGHT Annual Review 2007–2008 SCHOOL FOR ADVANCED RESEARCH ON THE HUMAN EXPERIENCE SANTA FE, NEW MEXICO ANNUAL REVIEW 2008 In Memory of Richard Canon 1940–2008 The School for Advanced Research gratefully acknowledges the very generous support of the Paloheimo Foundation for publication of this report. The Foundation’s grant honors the late Leonora Paloheimo and her mother, Leonora Curtin, who served on the Board of Managers of the School from 1933 to 1972. CONTENTS President’s Message: A Galaxy of Thought 4 Poet-in-Residence: Malena Mörling 34 A Constellation of Programs 6 The Poetics of the Human Experience 34 REFLECTION IMAGINATION Resident Scholar: Silvia Tomášková 8 Short Seminar: Women’s Empowerment for Health 36 SAR Press: The Chaco Experience 9 SAR Press: New Landscapes of Inequality 37 Visiting Research Associate: Monica L. Smith 10 SAR Press: The Gender of Globalization 38 Visiting Research Associate: James E. Snead 10 Advanced Seminar: Archaeology and Public Policy 39 SAR Press: The Hohokam Millennium 11 SAR Press: Opening Archaeology 40 Resident Scholar: Tiya Miles 12 Short Seminar: Archaeology and Sustainability 41 SAR Press: Small Worlds 13 Visiting Research Associate: Tutu Alicante: 41 The Pecos Conference 14 Michael S. Currier Environmental Service Short Seminar: Modernity and the Voice 14 Award Ceremony 42 SAR Press: Kenneth Chapman’s Santa Fe 15 Santa Fe Science Writers’ Workshop 42 SAR Press: Santa Fe: A History 16 SITE Santa Fe Biennial at SAR 43 SAR Prize Session in Dublin 17 Short Seminar: Indians and Energy 44 New Mexico Heritage Preservation Alliance Conference 17 PUBLIC OUTREACH AND EDUCATION ATTENTION Public Lectures: Humans in a Changing Landscape 46 J. -
Naval Affairs
.t .j f~Ji The New I American State Papers I ~ '* NAVAL AFFAIRS Volume 2 Diplomatic Activities Edited lJy K. Jack Bauer ~c:!:r~ourres Inc. I q8/ Leadership ofthe Navy Department 1798-1~61 Sea:etaries o/the NfZJJYl Benjamin Stoddert2 18 June 1798-31 March 1801 Robert Smith 27 July 1801-7 March 1809 Paul Hamilton 15 May 1809-31 December 1812 William Jones 19 January 1813-1 December 1814 Benjamin W. Crowninshield 16 January 1815-30 September 1818 Smith Thompson 1January 1819-31 August 1823 Samuel L. Southard 16 Septe~ber 1823-3 March 1829 John Branch 9 March 1829-.12 May 1831 Levi Woodbury 23 May 1831-30June 1834 Mahlon Dickerson 1July 1834-30June 1838 James K. Paulding 1July 1838-3 March 1841 George E. Badger 6 March 1841-11 September 1841 Abel P. Upshur 11 October 1841-23July 1843 David Henshaw 24 July 1843-18 February 1844 Thomas W. Gilmer 19 February 1844-28 February 1844 John Y. Mason 26 March 1844-10 March 1845 George Bancroft 11 March 1845-9 September 1846 John Y. Mason 10 September 1846-7. March 1849 William B. Preston 8 March 1849-23July 1850 William A. Graham 2 August 1850-25July 1852 John P. Kennedy 26 July 1852-7 March 1853 James C. 'Dobbin 8 March 1853-6 March 1857 Isaac Toucey 7 March 1857-6 March 1861 Board o/Naval Commissioners, 7 February 181'-)1 August 1842 Comm. John Rodgers3 25 April 1815-15 December 1824 Comm. Isaac Hull 25 April 1815-.30 November 1815 I Prior to 1798 naval affairs were administered by the War Department. -
David Josiah Brewer and the Christian Constitution, 81 Marq
Marquette Law Review Volume 81 Issue 2 Winter 1998: Symposium: Religion and the Article 13 Judicial Process: Legal, Ethical, and Empirical Dimensions David Josiah Brewer And The hrC istian Constitution J. Gordon Hylton Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation J. Gordon Hylton, David Josiah Brewer And The Christian Constitution, 81 Marq. L. Rev. 417 (1998). Available at: http://scholarship.law.marquette.edu/mulr/vol81/iss2/13 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. DAVID JOSIAH BREWER AND THE CHRISTIAN CONSTITUTION J. GORDON HYLTON* Professor Berg does a great service by reminding us that religion has been an important factor in the lives of many of the men and women who have served on the United States Supreme Court. Unfortunately, historians, legal scholars, and judicial biographers have paid scant atten- tion to this aspect of our constitutional experience. I hope to illustrate the advantage of exploring the connections between religious belief and constitutional theory through a brief examination of the life and career of Justice David Josiah Brewer, who figures prominently in Professor Berg's paper. Brewer was born in Smyrna, Asia Minor, to missionary parents in 1837. He was raised in New England, but in the late 1850s, he migrated to Kansas where he later served on the state supreme court and the fed- eral circuit court. -
Abington School District V. Schempp 1 Ableman V. Booth 1 Abortion 2
TABLE OF CONTENTS VOLUME 1 Bill of Rights 66 Birth Control and Contraception 71 Abington School District v. Schempp 1 Hugo L. Black 73 Ableman v. Booth 1 Harry A. Blackmun 75 Abortion 2 John Blair, Jr. 77 Adamson v. California 8 Samuel Blatchford 78 Adarand Constructors v. Peña 8 Board of Education of Oklahoma City v. Dowell 79 Adkins v. Children’s Hospital 10 Bob Jones University v. United States 80 Adoptive Couple v. Baby Girl 13 Boerne v. Flores 81 Advisory Opinions 15 Bolling v. Sharpe 81 Affirmative Action 15 Bond v. United States 82 Afroyim v. Rusk 21 Boumediene v. Bush 83 Age Discrimination 22 Bowers v. Hardwick 84 Samuel A. Alito, Jr. 24 Boyd v. United States 86 Allgeyer v. Louisiana 26 Boy Scouts of America v. Dale 86 Americans with Disabilities Act 27 Joseph P. Bradley 87 Antitrust Law 29 Bradwell v. Illinois 89 Appellate Jurisdiction 33 Louis D. Brandeis 90 Argersinger v. Hamlin 36 Brandenburg v. Ohio 92 Arizona v. United States 36 William J. Brennan, Jr. 92 Arlington Heights v. Metropolitan Housing David J. Brewer 96 Development Corporation 37 Stephen G. Breyer 97 Ashcroft v. Free Speech Coalition 38 Briefs 99 Ashwander v. Tennessee Valley Authority 38 Bronson v. Kinzie 101 Assembly and Association, Freedom of 39 Henry B. Brown 101 Arizona v. Gant 42 Brown v. Board of Education 102 Atkins v. Virginia 43 Brown v. Entertainment Merchants Association 104 Automobile Searches 45 Brown v. Maryland 106 Brown v. Mississippi 106 Bad Tendency Test 46 Brushaber v. Union Pacific Railroad Company 107 Bail 47 Buchanan v. -
Supreme Court Justices
The Supreme Court Justices Supreme Court Justices *asterick denotes chief justice John Jay* (1789-95) Robert C. Grier (1846-70) John Rutledge* (1790-91; 1795) Benjamin R. Curtis (1851-57) William Cushing (1790-1810) John A. Campbell (1853-61) James Wilson (1789-98) Nathan Clifford (1858-81) John Blair, Jr. (1790-96) Noah Haynes Swayne (1862-81) James Iredell (1790-99) Samuel F. Miller (1862-90) Thomas Johnson (1792-93) David Davis (1862-77) William Paterson (1793-1806) Stephen J. Field (1863-97) Samuel Chase (1796-1811) Salmon P. Chase* (1864-73) Olliver Ellsworth* (1796-1800) William Strong (1870-80) ___________________ ___________________ Bushrod Washington (1799-1829) Joseph P. Bradley (1870-92) Alfred Moore (1800-1804) Ward Hunt (1873-82) John Marshall* (1801-35) Morrison R. Waite* (1874-88) William Johnson (1804-34) John M. Harlan (1877-1911) Henry B. Livingston (1807-23) William B. Woods (1881-87) Thomas Todd (1807-26) Stanley Matthews (1881-89) Gabriel Duvall (1811-35) Horace Gray (1882-1902) Joseph Story (1812-45) Samuel Blatchford (1882-93) Smith Thompson (1823-43) Lucius Q.C. Lamar (1883-93) Robert Trimble (1826-28) Melville W. Fuller* (1888-1910) ___________________ ___________________ John McLean (1830-61) David J. Brewer (1890-1910) Henry Baldwin (1830-44) Henry B. Brown (1891-1906) James Moore Wayne (1835-67) George Shiras, Jr. (1892-1903) Roger B. Taney* (1836-64) Howell E. Jackson (1893-95) Philip P. Barbour (1836-41) Edward D. White* (1894-1921) John Catron (1837-65) Rufus W. Peckham (1896-1909) John McKinley (1838-52) Joseph McKenna (1898-1925) Peter Vivian Daniel (1842-60) Oliver W. -
John Mclean: Moderate Abolitionist and Supreme Court Politician Paul Finkelman
Vanderbilt Law Review Volume 62 | Issue 2 Article 7 3-2009 John McLean: Moderate Abolitionist and Supreme Court Politician Paul Finkelman Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Constitutional Law Commons, and the Supreme Court of the United States Commons Recommended Citation Paul Finkelman, John McLean: Moderate Abolitionist and Supreme Court Politician, 62 Vanderbilt Law Review 519 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol62/iss2/7 This Symposium is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. John McLean: Moderate Abolitionist and Supreme Court Politician Paul Finkelman* I. THE STRANGE POLITICAL CAREER OF A MINOR JACKSONIAN JUSTICE .......................................................... 522 II. A CAREER ON THE COURT: COMMERCE AND THE ECONOMY ....................................... 533 III. MCLEAN AND SLAVERY: A LONE ANTISLAVERY VOICE IN A SEA OF PROSLAVERY JURISTS ............................ 539 A. Slavery and the Northwest Ordinance on the Ohio Supreme Court ..................................... 541 B. Fugitive Slaves and their Abolitionist Allies .......... 543 C. The Jurisprudenceof Free Soil ................................ 552 D. Dred Scott: McLean's Forgotten Dissent ................. 558 IV . C ON CLU SION ........................................................................ 564 Unlike almost all early Supreme Court Justices, John McLean came from extraordinarily humble origins. He was born in New Jersey in 1785.1 His parents, Fergus and Sophia Blackford McLean, were farmers who moved to Virginia in 1789, Kentucky in 1790, and finally Ohio in 1796. Like many children of the frontier, the future Justice 2 had no formal education for most of his boyhood. -
The Ratings Game: Factors That Influence Judicial Reputation William G
Marquette Law Review Volume 79 Article 2 Issue 2 Winter 1996 The Ratings Game: Factors That Influence Judicial Reputation William G. Ross Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation William G. Ross, The Ratings Game: Factors That Influence Judicial Reputation, 79 Marq. L. Rev. 401 (1996). Available at: http://scholarship.law.marquette.edu/mulr/vol79/iss2/2 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. MARQUETTE LAW REVIEW Volume 79 Winter 1996 Number 2 THE RATINGS GAME: FACTORS THAT INFLUENCE JUDICIAL REPUTATION WILLIAM G. ROSS* INTRODUCTION The rating of United States Supreme Court justices is an increasingly favorite pastime among scholars, judges, journalists, students, and practicing attorneys. Once the domain of a few pundits who made personal lists of the all-time "greatest" justices,' surveys are becoming more formal and are embracing more participants. The most extensive * Professor of Law, Cumberland School of Law of Samford University; A.B., Stanford, 1976; J.D., Harvard, 1979. The author was one of the scholars polled in the 1993 Blaustein- Mersky survey that is discussed in this Article. The author thanks Professor Roy M. Mersky of the University of Texas for advice and encouragement in connection with this Article and for his permission to publish the results of that survey as an appendix to this Article. -
A Quantitative Analysis of Writing Style on the U.S. Supreme Court
Washington University Law Review Volume 93 Issue 6 2016 A Quantitative Analysis of Writing Style on the U.S. Supreme Court Keith Carlson Dartmouth College Michael A. Livermore University of Virginia School of Law Daniel Rockmore Dartmouth College Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Law Commons Recommended Citation Keith Carlson, Michael A. Livermore, and Daniel Rockmore, A Quantitative Analysis of Writing Style on the U.S. Supreme Court, 93 WASH. U. L. REV. 1461 (2016). Available at: https://openscholarship.wustl.edu/law_lawreview/vol93/iss6/6 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. A QUANTITATIVE ANALYSIS OF WRITING STYLE ON THE U.S. SUPREME COURT KEITH CARLSON MICHAEL A. LIVERMORE DANIEL ROCKMORE ABSTRACT This Article presents the results of a quantitative analysis of writing style for the entire corpus of US Supreme Court decisions. The basis for this analysis is the measure of frequency of function words, which has been found to be a useful “stylistic fingerprint” and which we use as a general proxy for the stylistic features of a text or group of texts. Based on this stylistic fingerprint measure, we examine temporal trends on the Court, verifying that there is a “style of the time” and that contemporaneous Justices are more stylistically similar to their peers than to temporally remote Justices. -
The Constitution in the Supreme Court: Civil War and Reconstruction, 1865-1873 David P
The Constitution in the Supreme Court: Civil War and Reconstruction, 1865-1873 David P. Curriet The appointment of Salmon P. Chase as Chief Justice in De- cember 1864, like that of his predecessor in 1836, marked the be- ginning of a new epoch in the Court's history. Not only had the Civil War altered the legal landscape dramatically; Chase was to preside over an essentially new complement of Justices. Of those who had sat more than a few years with Chief Justice Roger Ta- ney, only Samuel Nelson and Robert Grier were to remain for a significant time. With them were six newcomers appointed be- tween 1858 and 1864, five of them by Abraham Lincoln and four of them Republicans: Nathan Clifford, Noah H. Swayne, Samuel F. Miller, David Davis, Stephen J. Field, and Chase himself. These eight Justices were to sit together through most of the period until Chase's death in 1873. Taney's longtime colleagues James M. Wayne and John Catron were gone by 1867; William Strong, Jo- seph P. Bradley, and Ward Hunt, appointed at the end of Chase's tenure, played relatively minor roles. The work of the Chase period was largely done by eight men.1 Chase was Chief Justice for less than nine years, but his ten- ure was a time of important constitutional decisions. Most of the significant cases fall into three categories. The best known cases, which serve as the subject of this article, involve a variety of ques- tions arising out of the Civil War itself. Less dramatic but of com- parable impact on future litigation and of comparable jurispruden- tial interest were a number of decisions determining the inhibitory effect of the commerce clause on state legislation. -
The Constitution in the Supreme Court: Contracts and Commerce, 1836-1864
Pue aiu vurnal VOLUME 1983 JUNE NUMBER 3 THE CONSTITUTION IN THE SUPREME COURT: CONTRACTS AND COMMERCE, 1836-1864 DAVID P. CURRIE* Continuing a study of thefirst hundredyears of constitutionalliti- gation, Professor Currie explores the decisions of the Taneyperiod re- specting the Contract and Commerce Clauses. Though early decisions ofthe Taney Courtseemed to portenda departurefromthe nationalism of its predecessor, the author argues that the impression was largely misleading. In general,for example, the Court under Taney proved rathersympathetic to contractrights. In Commerce Clause cases, after being badly split, the Court was able to agree on a longlastingformula that acknowledged an implicit limitation on statepower, and although in the Taney periodthe Court never clearly struck down a state law on Commerce Clausegrounds, itfoundother ways to protect the interest in unobstructedcommerce. The fourth installment of a critical examination of early Supreme Court constitutional decisions,' this article begins to deal with the nearly thirty-year period during which Roger B. Taney was Chief Jus- tice. Taney's appointment in 1836 marked a watershed in the member- * Harry N. Wyatt Professor of Law, University of Chicago. My thanks to the Duke University School of Law, where this paper was delivered as the Brainerd Currie Memorial Lecture; to my colleagues Frank Easterbrook, Dennis Hutchinson, and Rayman Solomon for their helpful criticism; and to Mark Holmes and Roy Underhill for valuable research assistance. 1. See Currie, The Constitution in the Supreme Court, 1789-1801, 48 U. CHI. L. REv. 819 (1981) [hereinafter cited as Currie, Supreme Court, 1789-1801]; Currie, The Constitution in the Supreme Court: The Powers of the Federal Courts, 1801-1835, 49 U.