Tom Dodd's Nuremberg
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Volume 59, Issue 1
Volume 60, Issue 4 Page 1023 Stanford Law Review THE SURPRISINGLY STRONGER CASE FOR THE LEGALITY OF THE NSA SURVEILLANCE PROGRAM: THE FDR PRECEDENT Neal Katyal & Richard Caplan © 2008 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 60 STAN. L. REV. 1023 (2008). For information visit http://lawreview.stanford.edu. THE SURPRISINGLY STRONGER CASE FOR THE LEGALITY OF THE NSA SURVEILLANCE PROGRAM: THE FDR PRECEDENT Neal Katyal* and Richard Caplan** INTRODUCTION.....................................................................................................1024 I. THE NSA CONTROVERSY .................................................................................1029 A. The Foreign Intelligence Surveillance Act................................................1029 B. The NSA Program .....................................................................................1032 II. THE PRECURSOR TO THE FDR PRECEDENT: NARDONE I AND II........................1035 A. The 1934 Communications Act .................................................................1035 B. FDR’s Thirst for Intelligence ....................................................................1037 C. Nardone I...................................................................................................1041 D. Nardone II .................................................................................................1045 III. FDR’S DEFIANCE OF CONGRESS AND THE SUPREME COURT..........................1047 A. Attorney General -
Justice Jackson in the Jehovah's Witnesses' Cases
FIU Law Review Volume 13 Number 4 Barnette at 75: The Past, Present, and Future of the Fixed Star in Our Constitutional Article 13 Constellation Spring 2019 Justice Jackson in The Jehovah’s Witnesses’ Cases John Q. Barrett Professor of Law, St. John’s University School of Law, New York City Follow this and additional works at: https://ecollections.law.fiu.edu/lawreview Part of the Constitutional Law Commons, First Amendment Commons, and the Religion Law Commons Online ISSN: 2643-7759 Recommended Citation John Q. Barrett, Justice Jackson in The Jehovah’s Witnesses’ Cases, 13 FIU L. Rev. 827 (2019). DOI: https://dx.doi.org/10.25148/lawrev.13.4.13 This Keynote Address is brought to you for free and open access by eCollections. It has been accepted for inclusion in FIU Law Review by an authorized editor of eCollections. For more information, please contact [email protected]. 10 - BARRETT.DOCX (DO NOT DELETE) 5/9/19 6:03 PM JUSTICE JACKSON IN THE JEHOVAH’S WITNESSES’ CASES John Q. Barrett* I. Robert H. Jackson Before He Became Justice Jackson ..................828 II. Barnette in Its Supreme Court Context: The Jehovah’s Witnesses Cases, 1938–1943 ...........................................................................831 A. The General Pattern of the Decisions: The Court Warming to Jehovah’s Witnesses’ Constitutional Claims .......................831 1. The Pre-July 1941 Court ....................................................831 2. The July 1941–May 1943 Court ........................................833 3. The June 1943 Court ..........................................................834 B. Some Particulars of Supreme Court Personnel, Cases, and Decisions, From Gobitis (1940) to Barnette (1943) ................834 III. Justice Jackson on Jehovah’s Witnesses: The Author of Barnette Wrote First, and Significantly, in Douglas .....................................844 IV. -
Chapman Law Review
Chapman Law Review Volume 21 Board of Editors 2017–2018 Executive Board Editor-in-Chief LAUREN K. FITZPATRICK Managing Editor RYAN W. COOPER Senior Articles Editors Production Editor SUNEETA H. ISRANI MARISSA N. HAMILTON TAYLOR A. KENDZIERSKI CLARE M. WERNET Senior Notes & Comments Editor TAYLOR B. BROWN Senior Symposium Editor CINDY PARK Senior Submissions & Online Editor ALBERTO WILCHES –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Articles Editors ASHLEY C. ANDERSON KRISTEN N. KOVACICH ARLENE GALARZA STEVEN L. RIMMER NATALIE M. GAONA AMANDA M. SHAUGHNESSY-FORD ANAM A. JAVED DAMION M. YOUNG __________________________________________________________________ Staff Editors RAYMOND AUBELE AMY N. HUDACK JAMIE L. RICE CARLOS BACIO MEGAN A. LEE JAMIE L. TRAXLER HOPE C. BLAIN DANTE P. LOGIE BRANDON R. SALVATIERRA GEORGE E. BRIETIGAM DRAKE A. MIRSCH HANNAH B. STETSON KATHERINE A. BURGESS MARLENA MLYNARSKA SYDNEY L. WEST KYLEY S. CHELWICK NICHOLE N. MOVASSAGHI Faculty Advisor CELESTINE MCCONVILLE, Professor of Law CHAPMAN UNIVERSITY HAZEM H. CHEHABI ADMINISTRATION JEROME W. CWIERTNIA DALE E. FOWLER ’58 DANIELE C. STRUPPA BARRY GOLDFARB President STAN HARRELSON GAVIN S. HERBERT,JR. GLENN M. PFEIFFER WILLIAM K. HOOD Provost and Executive Vice ANDY HOROWITZ President for Academic Affairs MARK CHAPIN JOHNSON ’05 JENNIFER L. KELLER HAROLD W. HEWITT,JR. THOMAS E. MALLOY Executive Vice President and Chief SEBASTIAN PAUL MUSCO Operating Officer RICHARD MUTH (MBA ’05) JAMES J. PETERSON SHERYL A. BOURGEOIS HARRY S. RINKER Executive Vice President for JAMES B. ROSZAK University Advancement THE HONORABLE LORETTA SANCHEZ ’82 HELEN NORRIS MOHINDAR S. SANDHU Vice President and Chief RONALD M. SIMON Information Officer RONALD E. SODERLING KAREN R. WILKINSON ’69 THOMAS C. PIECHOTA DAVID W. -
Robert H. Jackson: How a “Country Lawyer”
FEATURES Antitrust , Vol. 27, No. 2, Spring 2013. © 2013 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. too brief to complete this task. That was left to his successor, Thurmond Arnold, who served as head of the Division for five years, from March 1938 until March 1943, and whose story we will pick up in our next article in this series. World War I and the Sudden Decline of Antitrust Enforcement As the United States was slowly drawn into the First World War, Woodrow Wilson shifted his attention from domestic to interna - tional issues and to expanding war production to win the war. The war quickly overwhelmed any interest his administration might otherwise have had in strong antitrust enforcement. Appropria - tions for antitrust at the Department of Justice fell by two-thirds, from $300,000 in 1914 to $100,000 in 1919. 2 New case filings TRUST BUSTERS dropped even faster, from 22 in 1913 to just two in 1916. 3 The FTC made some effort to take up the slack, filing 64 restraint of trade cases in 1918 and 121 in 1919. 4 But unlike the head - Robert H. Jackson: line-capturing cases the Taft administration had brought under the Sherman Act to break up huge trusts like International How a “Country Lawyer” Harvester and U.S. Steel, these FTC cases mostly involved ver - tical restraints of trade imposed by small companies not critical Converted Franklin to the war effort. -
The Supreme Court of the United States
The Supreme Court of the United States Hearings and Reports on the Successful and Unsuccessful Nominations Now Includes the Kavanaugh and Preliminary Barrett Volumes! This online set contains all existing Senate documents for 1916 to date, as a result of the hearings and subsequent hearings on Supreme Court nominations� Included in the volumes are hearings never before made public! The series began with three volumes devoted to the controversial confirmation of Louis Brandeis, the first nominee subject to public hearings. The most recent complete volumes cover Justice Kavanaugh. After two years, the Judiciary Committee had finally released Kavanaugh’s nomination hearings, so we’ve been able to complete the online volumes� The material generated by Kavanaugh’s nomination was so voluminous that it takes up 8 volumes� The definitive documentary history of the nominations and confirmation process, this ongoing series covers both successful and unsuccessful nominations� As a measure of its importance, it is now consulted by staff of the Senate Judiciary Committee as nominees are considered� Check your holdings and complete your print set! Volume 27 (1 volume) 2021 Amy Coney Barrett �����������������������������������������������������������������������������������������Online Only Volume 26 (8 volumes) - 2021 Brett Kavanaugh ���������������������������������������������������������������������������������������������Online Only Volume 25 (2 books) - 2018 Neil M� Gorsuch ����������������������������������������������������������������������������������������������������$380�00 -
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. -
The Dilemma of a Civil Libertarian: Francis Biddle and the Smith Act
Journal of the Minnesota Academy of Science Volume 34 Number 2 Article 22 1967 The Dilemma of a Civil Libertarian: Francis Biddle and the Smith Act Thomas L. Pahl Mankato State College Follow this and additional works at: https://digitalcommons.morris.umn.edu/jmas Part of the American Politics Commons Recommended Citation Pahl, T. L. (1967). The Dilemma of a Civil Libertarian: Francis Biddle and the Smith Act. Journal of the Minnesota Academy of Science, Vol. 34 No.2, 161-164. Retrieved from https://digitalcommons.morris.umn.edu/jmas/vol34/iss2/22 This Article is brought to you for free and open access by the Journals at University of Minnesota Morris Digital Well. It has been accepted for inclusion in Journal of the Minnesota Academy of Science by an authorized editor of University of Minnesota Morris Digital Well. For more information, please contact [email protected]. The Dilemma of a Civil Libertarian: Francis Biddle And the Smith Act THOMAS L. PAHL Mankato State College ABSTRACT - Although society may have good reasons for protecting itself against both sedition and conspiracy, history demonstrates that statutes directed against these offenses are particularly prone to result in the abuse of power. A possibility of just such an abuse in the first application of the Smith Act - the Minneapolis Trotskyite trial of 1941 - led to a consideration of a civil libertarian caught in the cross-pressure of enforcing a law anathema to his professed liberal be liefs. The study showed that, during time of threat, internal or external, our democratic society permits our government officials, in the name of survival, to limit those freedoms guaranteed by our Constitution. -
January – December 2002
NORWALK AREA NEWSPAPER INDEX January – December 2002 Indexing The Hour of Norwalk Produced by the staff of: REFERENCE DEPARTMENT NORWALK PUBLIC LIBRARY Stephen Rice Susannah Crego Paul Keroak Norwalk Hour Index - January - December, 2002 A Right to life is incapable of being ADAMS, GLENN A BETTER CHANCE surrendered [letter]. H 7/15/02 All-Area Boys Lacrosse 2002 (ORGANIZATION) pA10 [photo with caption]. H 6/19/02 Helping needy kids easy as ABC ACCIDENTS, AIRCRAFT SEE pB4 [photo]. H 7/19/02 pA10 AIRCRAFT ACCIDENTS Norwalk High School celebrates its Clergy voices join in chorale to ACCIDENTS-NORWALK centennial [photo]. H 5/12/02 pA4 benefit 'A Better Chance' [photo]. Police honor Rhode Island man Bears swat Senators [photo]. H H 4/20/02 pA6 who saved an officer's life. H 5/9/02 pB1+ A TOUCH OF CLASS (RETAIL 12/17/02 pA4 City lacrosse teams will make ESTABLISHMENT) Worker in satisfactory condition. H Testa Field a busy place [photo]. Business Profile: A Touch of Class 12/13/02 pA3 H 4/2/02 pB1+ [photo with caption]. H 12/9/02 Man injured at construction site ADAMS, KATIE pB7 [photo]. H 12/12/02 pA1+ 2002 All-Area Girls Field Hockey AAA CONNECTICUT MOTOR Painter not seriously hurt in 25-foot [photo with caption]. H 12/24/02 CLUB fall from ladder. H 5/25/02 pA3 pB3 Available: A safe ride and a tow Norwalk man hit and killed by train Senators zip Wilton [photo]. H [photo]. H 12/23/02 pA1+ [map]. H 2/13/02 pA1+ 10/10/02 pB1+ In brief: AAA, garages offer free ACCOUNTING NHS edges Wilton for first win rides, tows. -
9/11 Commission Recommendations: Joint Committee on Atomic Energy—A Model for Congressional Oversight?
9/11 Commission Recommendations: Joint Committee on Atomic Energy—A Model for Congressional Oversight? October 19, 2004 Congressional Research Service https://crsreports.congress.gov RL32538 9/11 Commission Recommendations: Joint Committee on Atomic Energy Summary In its July 22, 2004, final report, the National Commission on Terrorist Attacks Upon the United States (also known as the “9/11 Commission”) proposed a five-part plan to build unity of effort across the U.S. government in fighting terrorism. The commission’s report includes specific recommendations for “centralizing and strengthening congressional oversight of intelligence and homeland security issues” including a recommendation that Congress consider creating a joint committee for intelligence, using the Joint Atomic Energy Committee as its model. Created in the wake of the explosion of the first atomic weapon in the summer of 1945, the Joint Committee on Atomic Energy (JCAE 1946-1977) has been described as one of the most powerful congressional committees in history. Congress gave the JCAE exclusive jurisdiction over “all bills, resolutions, and other matters” relating to civilian and military aspects of nuclear power, and made it the only permanent joint committee in modern times to have legislative authority. The panel coupled these legislative powers with exclusive access to the information upon which its highly secretive deliberations were based. As overseer of the Atomic Energy Commission, the joint committee was also entitled by statute to be kept “fully and currently informed” of all commission activities and vigorously exercised that statutory right, demanding information and attention from the executive branch in a fashion that arguably has no equivalent today. -
Office of Solicitor General
THE JOURNAL OF APPELLATE PRACTICE AND PROCESS THE OFFICE OF SOLICITOR GENERAL PREFACE If any legal position warrants the appellation, "the appellate lawyer's lawyer," it is that of Solicitor General. Seth Waxman, himself a former Solicitor General, has pointed out that "the office of the Solicitor General of the United States is a wonderful and unique creation,"' noting that only the holder of that office, among all the officers of the federal government, is required by statute to be "learned in the law." 2 President after president has complied with that instruction: The list of Solicitors General that follows this preface includes the names of some of this country's most distinguished lawyers. There may even be those who think of the Solicitors General as a corps of immortals, for as Waxman discovered, "[s]ome 60 years ago, a letter found its way into the United States mail addressed simply 'The Celestial General, Washington, D.C." 3 The inadequacy of the address notwithstanding, the Post Office "apparently had no trouble discerning to whom it should be delivered. It went to Robert H. 1. Seth P. Waxman, Speech, Presenting the Case of the United States As It Should Be: The Solicitor General in Historical Context (address to the Supreme Court Historical Society, Washington, June 1, 1998) at I (available at <http://www.usdoj.gov/osg/about osg/sgarticle.html>). 2. Id. 3. Id. THE JOURNAL OF APPELLATE PRACTICE AND PROCESS Vol. 3, No. 2 (Fall 2001) THE JOURNAL OF APPELLATE PRACTICE AND PROCESS Jackson, then Solicitor General of the United States." 4 Waxman is quick to point out that neither he nor any of his predecessors had "pretensions of other-worldliness," but he does acknowledge that they "have all been fortunate to have been able to serve in what Thurgood Marshall called 'the best job I've ever had." We in the law can see that it is indeed a special job, for the Solicitor General is the only lawyer who, as Francis Biddle put it, "has no master to serve except his country." 6 The responsibilities of the job are great, but so are the rewards. -
John D Lane Presidential Politics
"John D. Lane: Administrative Assistant to Senator Brien McMahon,” Oral History Interviews, October 12 and December 6, 2006, Senate Historical Office, Washington, D.C. PRESIDENTIAL POLITICS Interview #2 December 6, 2006 LANE: On the [General Douglas] MacArthur hearings—those hearings were very important because he was becoming a full-fledged candidate for president and was being backed by much of the right wing of the Republican party, and various influential newspapers. Newspapers in those days were so much more important in politics than they are today. I forgot to tell you that when McMahon used to travel around Connecticut, getting ready to campaign ahead of time, when we would go into a city he would always call on and chat with the political leaders. He would also visit the local newspaper and talk to the editor. Then he would do his thing at whatever the public gathering was, and then leave and go to the next town. But it was a regular practice that he would always call on the editor or publisher of the newspaper. As a result, he received a very good press, and most of the press was Republican in Connecticut, every one of the major papers was, except for the Hartford Times. RITCHIE: But they took him seriously. LANE: Yes, they took him seriously because he talked about serious matters. RITCHIE: His issues weren’t necessarily partisan. Nuclear policy wasn’t a partisan issues, and foreign policy at that point was bipartisan. LANE: To some extent. But Robert Taft was the Republican leader on foreign policy. -
The Bush Administration's Military Tribunals in Historical Perspective
California Western Law Review Volume 38 Number 2 Article 6 2002 ESSAY: A Putrid Pedigree: The Bush Administration's Military Tribunals in Historical Perspective Michal R. Belknap California Western School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.cwsl.edu/cwlr Recommended Citation Belknap, Michal R. (2002) "ESSAY: A Putrid Pedigree: The Bush Administration's Military Tribunals in Historical Perspective," California Western Law Review: Vol. 38 : No. 2 , Article 6. Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol38/iss2/6 This Article is brought to you for free and open access by CWSL Scholarly Commons. It has been accepted for inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For more information, please contact [email protected]. Belknap: ESSAY: A Putrid Pedigree: The Bush Administration's Military Trib ESSAY A PUTRID PEDIGREE: THE BUSH ADMINISTRATION'S MILITARY TRIBUNALS IN HISTORICAL PERSPECTIVE MICHAL R. BELKNAP' On September 11, 2001, terrorists destroyed the World Trade Center and badly damaged the Pentagon in the first large-scale attack on American territory in nearly sixty years.' A week later, the House and Senate adopted a joint resolution authorizing the President to "[u]se all necessary and appro- priate force against those nations, organizations, or persons he determines planned, authorized, committed or aided" these attacks or "harbored such organizations or persons."2 On October 7, 2001, the United States commenced aerial bombardment of Osama bin Laden's al Qaeda organization and its Taliban supporters in Afghanistan, and less than two weeks later, on the night of October 19-20, American special operations troops initiated ground operations against the terrorist organization and its Afghan protectors! Today, for the first time since it withdrew from Vietnam a generation ago, the United States finds it- self involved in a protracted war abroad.