Justices of the Supreme Court
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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. -
Ross E. Davies, Professor, George Mason University School of Law 10
A CRANK ON THE COURT: THE PASSION OF JUSTICE WILLIAM R. DAY Ross E. Davies, Professor, George Mason University School of Law The Baseball Research Journal, Vol. 38, No. 2, Fall 2009, pp. 94-107 (BRJ is a publication of SABR, the Society for American Baseball Research) George Mason University Law and Economics Research Paper Series 10-10 This paper can be downloaded without charge from the Social Science Research Network at http://ssrn.com/abstract_id=1555017 **SABR_BRJ-38.2_final-v2:Layout 1 12/15/09 2:00 PM Page 94 BASEBALL AND LAW A Crank on the Court The Passion of Justice William R. Day Ross E. Davies here is an understandable tendency to date the Not surprisingly, there were plenty of other baseball Supreme Court’s involvement with baseball fans on the Court during, and even before, the period Tfrom 1922, when the Court decided Federal covered by McKenna’s (1898–1925), Day’s (1903–22), Baseball Club of Baltimore v. National League of Pro- and Taft’s (1921–30) service. 13 Chief Justice Edward D. fessional Base Ball Clubs —the original baseball White (1894–1921) 14 and Justices John Marshall Har - antitrust-exemption case. 1 And there is a correspon - lan (1877–1911), 15 Horace H. Lurton (1910–14), 16 and ding tendency to dwell on William Howard Taft—he Mahlon Pitney (1912–22), 17 for example. And no doubt was chief justice when Federal Baseball was decided 2— a thorough search would turn up many more. 18 There is, when discussing early baseball fandom on the Court. -
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. -
Rare Books & Special Collections Tarlton Law Library University Of
Rare Books & Special Collections Tarlton Law Library University of Texas at Austin 727 E. 26th St., Austin, Texas 78705-3224 512/471-7263 SUPREME COURT NOMINATIONS RESEARCH FILES, 1823-1955, Bulk 1860-1939 Inventory Date printed: SUPREME COURT NOMINATIONS RESEARCH FILES Inventory Extent: 1.25 linear ft. (3 boxes). Frank, John P., 1917-2002- John P. Frank, a noted attorney and constitutional scholar, was born in 1917. He received his LL.B. at the University of Wisconsin, and his J.S.D. from Yale University. He was law clerk to Justice Hugo L. Black at the October, 1942 term, among other prominent positions. He taught law from 1946 to 1954 at Indiana and Yale Universities. He has authored 12 books on the Supreme Court, the Constitution and constitutional law. A senior partner with the Phoenix firm of Lewis and Roca, which he joined in 1954, Frank was lead counsel on the ground-breaking Miranda v. Arizona case, and served as counsel to Anita Hill during the Clarence Thomas confirmation hearings. While serving on the Committee on Rules of Civil Procedure, Frank led a group that worked on drafting revisions to Rule 11 attorney sanctions. Frank also served from 1960 to 1970 on the Advisory Committee of Civil Procedure of the Judicial Conference of the United States. Scope and Content: The collection consists of research into U.S. Supreme Court nominations of the 19th and 20th centuries, and includes 8 inches of printed materials and 7 microfilm reels (35mm), 1823-1939 (bulk 1860-1939), collected by Frank, for a research project concerning Supreme Court nominations. -
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. -
Union Calendar No. 502
1 Union Calendar No. 502 107TH CONGRESS "!REPORT 2d Session HOUSE OF REPRESENTATIVES 107–801 REPORT ON THE LEGISLATIVE AND OVERSIGHT ACTIVITIES OF THE COMMITTEE ON WAYS AND MEANS DURING THE 107TH CONGRESS JANUARY 2, 2003.—Committed to the Committee of the Whole House on the State of the Union and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE 19–006 WASHINGTON : 2003 COMMITTEE ON WAYS AND MEANS BILL THOMAS, California, Chairman PHILIP M. CRANE, Illinois CHARLES B. RANGEL, New York E. CLAY SHAW, JR., Florida FORTNEY PETE STARK, California NANCY L. JOHNSON, Connecticut ROBERT T. MATSUI, California AMO HOUGHTON, New York WILLIAM J. COYNE, Pennsylvania WALLY HERGER, California SANDER M. LEVIN, Michigan JIM MCCRERY, Louisiana BENJAMIN L. CARDIN, Maryland DAVE CAMP, Michigan JIM MCDERMOTT, Washington JIM RAMSTAD, Minnesota GERALD D. KLECZKA, Wisconsin JIM NUSSLE, Iowa JOHN LEWIS, Georgia SAM JOHNSON, Texas RICHARD E. NEAL, Massachusetts JENNIFER DUNN, Washington MICHAEL R. MCNULTY, New York MAC COLLINS, Georgia WILLIAM J. JEFFERSON, Louisiana ROB PORTMAN, Ohio JOHN S. TANNER, Tennessee PHIL ENGLISH, Pennsylvania XAVIER BECERRA, California WES WATKINS, Oklahoma KAREN L. THURMAN, Florida J.D. HAYWORTH, Arizona LLOYD DOGGETT, Texas JERRY WELLER, Illinois EARL POMEROY, North Dakota KENNY C. HULSHOF, Missouri SCOTT MCINNIS, Colorado RON LEWIS, Kentucky MARK FOLEY, Florida KEVIN BRADY, Texas PAUL RYAN, Wisconsin (II) LETTER OF TRANSMITTAL HOUSE OF REPRESENTATIVES, COMMITTEE ON WAYS AND MEANS, Washington, DC, January 2, 2003. Hon. JEFF TRANDAHL, Office of the Clerk, House of Representatives, The Capitol, Washington, DC. DEAR MR. TRANDAHL: I am herewith transmitting, pursuant to House Rule XI, clause 1(d), the report of the Committee on Ways and Means on its legislative and oversight activities during the 107th Congress. -
Does Eliminating Life Tenure for Article Iii Judges Require a Constitutional Amendment?
DOW & MEHTA_03_15_21 (DO NOT DELETE) 3/17/2021 6:41 PM DOES ELIMINATING LIFE TENURE FOR ARTICLE III JUDGES REQUIRE A CONSTITUTIONAL AMENDMENT? DAVID R. DOW & SANAT MEHTA* ABSTRACT Beginning in the early 2000s, a number of legal academicians from across the political spectrum proposed eliminating life tenure for some or all Article III judges and replacing it with a term of years (or a set of renewable terms). These scholars were largely in agreement such a change could be accomplished only by a formal constitutional amendment of Article III. In this Article, Dow and Mehta agree with the desirability of doing away with life tenure but argue such a change can be accomplished by ordinary legislation, without the need for formal amendment. Drawing on both originalism and formalism, Dow and Mehta begin by observing that the constitutional text does not expressly provide for lifetime tenure; rather, it states that judges shall hold their office during good behavior. The good behavior criterion, however, was not intended to create judicial sinecures for 20 or 30 years, but instead aimed at safeguarding judicial independence from the political branches. By measuring both the length of judicial tenure among Supreme Court justices, as well as voting behavior on the Supreme Court, Dow and Mehta conclude that, in fact, life tenure has proven inconsistent with judicial independence. They maintain that the Framers’ objective of insuring judicial independence is best achieved by term limits for Supreme Court justices. Copyright © 2021 David R. Dow & Sanat Mehta. * David Dow is the Cullen Professor at the University of Houston Law Center; Sanat Mehta, who graduated magna cum laude from Rice University in 2020 with a degree in computer science and a minor in Politics, Law, and Social Thought, is a data analyst at American Airlines. -
Law Clerk Influence on Supreme Court Decision Making: an Empirical Assessment
DePaul Law Review Volume 58 Issue 1 Fall 2008 Article 3 Law Clerk Influence on Supreme Court Decision Making: An Empirical Assessment Todd C. Peppers Christopher Zorn Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Todd C. Peppers & Christopher Zorn, Law Clerk Influence on Supreme Court Decision Making: An Empirical Assessment , 58 DePaul L. Rev. 51 (2008) Available at: https://via.library.depaul.edu/law-review/vol58/iss1/3 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. LAW CLERK INFLUENCE ON SUPREME COURT DECISION MAKING: AN EMPIRICAL ASSESSMENT Todd C. Peppers* and Christopher Zorn** INTRODUCTION In the past ten years, U.S. Supreme Court law clerks have achieved a visibility unmatched in Supreme Court history. A former Blackmun clerk wrote a tell-all tale of law clerk mischief at the Supreme Court,' a series of articles in USA Today addressing the lack of law clerk di- versity sparked protests and the grilling of Supreme Court Justices by congressional subcommittees, 2 former clerks offered insight into the turmoil gripping the Court during the 2000 presidential election,3 and two new television series focused on the behind-the-scenes machina- tions of Supreme Court clerks.4 The decade of the law clerk culminated in the publication of two major academic works on Su- preme Court law clerks.5 Both books sought to provide a thorough * Associate Professor of Political Science, Roanoke College; Lecturer in Law, Washington and Lee School of Law. -
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. -
G:\Trimble Families, July 22, 1997.Wpd
Trimble Families a Partial Listing of the Descendants of Some Colonial Families Revised Eugene Earl Trimble July 22, 1997 1 PREFACE This Trimble record deals primarily with the ancestral line of the writer and covers the period from the time of arrival of James Trimble (or Turnbull; born ca. 1705; died 1767) in America which may have been prior to March 11, 1734, until in most instances about 1850. Some few lines are, however, brought up to the present. The main purpose of this account is to present the earliest generations. With the census records from 1850 on, enumerating each individual, it is much easier to trace ancestors and descendants. Any one who has researched a family during the l700's knows how limited the available data are and how exceeding difficult the task is. One inevitably reaches the point where the search becomes more conjecture than fact, but man is an inquisitive creature and the lure of the unknown is irresistible. No attempt has been made to give all possible references. For this Trimble line and other Trimble lines the reader is referred to the 62 page manuscript on the Trimble Family by James Augustus LeConte (born Adairsville, Ga., July 19, 1870; died Atlanta, Ga., July 18, 1941) whose papers are at the University of Georgia at Athens; the Trimble Family research located in the Manuscript Department of The University of Virginia, by Kelley Walker Trimble (born Feb. 21, 1884; died Route l, Staunton, Va., after Feb. 12, 1955); the Trimble and related research and writings of Mrs. Jerome A. -
The Constitution in the Supreme Court: State and Congressional Powers, 1801-1835 David P
The University of Chicago Law Review Law__Review _VOLUME 49 NUMBER 4 FALL 1982 1982 by The University of Chicago The Constitution in the Supreme Court: State and Congressional Powers, 1801-1835 David P. Curriet This article is the third installment of an attempt to analyze and criticize the constitutional work of the Supreme Court in his- torical sequence, from the lawyer's point of view.' In the twelve years of its existence before the appointment of John Marshall as Chief Justice, the Supreme Court began to de- velop lasting principles of constitutional adjudication, but it de- cided few significant constitutional questions. In the first decade of Marshall's tenure, apart from Marbury v. Madison,2 the Court's constitutional docket consisted almost entirely of relatively minor matters respecting the powers of the federal courts. Although im- t Harry N. Wyatt Professor of Law, University of Chicago. I should like to thank my colleagues Frank Easterbrook, Richard Epstein, Richard Helmholz, Dennis Hutchinson, Stanton Krauss, Philip B. Kurland, Phil C. Neal, Rayman Solomon, and James B. White for their helpful comments and encouragement, and Locke Bowman and Paul Strella, Chicago class of 1982, for their valuable research assistance. I 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 Constitu- tion in the Supreme Court: The Powers of the Federal Courts, 1801-1835, 49 U. CH. L. REv. 646 (1982) [hereinafter cited as Currie, FederalCourts, 1801-1835]. These articles form the beginning of a study to be published in book form by The University of Chicago Press. -
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.