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Hugo Lafayette Black and John Harlan - Two Faces of Constitutional Law with Some Notes on Teaching of Thayer's Subject
Louisiana State University Law Center LSU Law Digital Commons Journal Articles Faculty Scholarship 1982 Hugo Lafayette Black and John Harlan - Two Faces of Constitutional Law With Some Notes on Teaching of Thayer's Subject O. W. Wollensak Paul R. Baier Louisiana State University Law Center, [email protected] Follow this and additional works at: https://digitalcommons.law.lsu.edu/faculty_scholarship Part of the Law Commons Repository Citation Wollensak, O. W. and Baier, Paul R., "Hugo Lafayette Black and John Harlan - Two Faces of Constitutional Law With Some Notes on Teaching of Thayer's Subject" (1982). Journal Articles. 372. https://digitalcommons.law.lsu.edu/faculty_scholarship/372 This Article is brought to you for free and open access by the Faculty Scholarship at LSU Law Digital Commons. It has been accepted for inclusion in Journal Articles by an authorized administrator of LSU Law Digital Commons. For more information, please contact [email protected]. HUGO LAFAYETTE BLACK AND JOHN MARSHALL HARLAN: TWO FACES OF CONSTITUTIONAL LAW-WITH SOME NOTES ON THE TEACHING OF THAYER'S SUBJECT Bv 0. W. WoLLENSAK* I. It was a great surprise last semester when Supreme Court Justices Hugo Black and John Marshall Harlan visited the LSU Law Center for what turned out to be a heated dialogue on color video tape. The program was hosted by LSU's media mastermind, Professor Paul Baier,** who apparently has given up suing hospitals, see Baier v. Woman's Hospital, 1 and turned to producing television shows, his latest entitled "Hugo Lafayette Black and John Marshall Harlan: Two Faces of Constitutional Law."2 Professor Baier believes that constitutional law includes • Editor's note: Professor Baier is following Karl Llewellyn in using a pseudo nym. -
New York University Law Review
NEW YORK UNIVERSITY LAW REVIEW VOLUME 86 JUNE 2011 NUMBER 3 MADISON LECTURE LIVING OUR TRADITIONS THE HONORABLE ROBERT H. HENRY* In the annual James Madison Lecture, Robert Henry, former Chief Judge of the United States Court of Appeals for the Tenth Circuit, explores Justice John Marshall Harlan H's notable dissent in Poe v. Ullman. President Henry carefully examines Justice Harlan's method of constitutional interpretation. Refusing to adopt a "literalistic"reading of the Constitution and instead looking to the "history and purposes" of a particularconstitutional provision, Justice Harlan's approach serves as a source of both flexibility and restraint. Of particular importance is Justice Harlan's recognition of the role that "living" traditions play in supplying meaning to the concept of due process of law. What emerges from this probing review of Justice Harlan's Poe dissent is a moderate and thoughtful response to originalism. All new laws, though penned with the greatest technical skill, and passed on the fullest and most mature deliberation, are considered as more or less obscure and equivocal, until their meaning be liqui- dated and ascertained by a series of particular discussions and adjudications. -THE FEDERALIST No. 37 (James Madison)' * Copyright © 2011 by Robert H. Henry, President and CEO, Oklahoma City University. Formerly, Chief Judge, United States Court of Appeals for the Tenth Circuit. An earlier version of this text was delivered as the James Madison Lecture at the New York University School of Law on October 12, 2010. I would like to thank Daniel Correa and Laana Layman for research assistance; also, for their comments and criticism, I thank Professors Art LeFrancois, Andy Spiropoulos, and Michael Gibson of the Oklahoma City University School of Law. -
“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. -
President Roosevelt and the Supreme Court Bill of 1937
President Roosevelt and the Supreme Court bill of 1937 Item Type text; Thesis-Reproduction (electronic) Authors Hoffman, Ralph Nicholas, 1930- Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 26/09/2021 09:02:55 Link to Item http://hdl.handle.net/10150/319079 PRESIDENT ROOSEVELT AND THE SUPREME COURT BILL OF 1937 by Ralph Nicholas Hoffman, Jr. A Thesis submitted to the faculty of the Department of History and Political Science in partial fulfillment of the requirements for the degree of MASTER OF ARTS in the Graduate College, University of Arizona 1954 This thesis has been submitted in partial fulfillment of requirements for an advanced degree at the University of Arizona and is deposited in the Library to be made avail able to borrowers under rules of the Library. Brief quotations from this thesis are allowable without spec ial permission, provided that accurate acknowledgment of source is made. Requests for permission for extended quotation from or reproduction of this manuscript in whole or in part may be granted by the head of the major department or the dean of the Graduate College when in their judgment the proposed use of the material is in the interests of scholarship. In all other in stances, however, permission must be obtained from the author. SIGNED: TABLE.' OF.GOWTENTS Chapter / . Page Ic PHEYIOUS CHALLENGES TO THE JODlClMXo , V . -
Reslegal V02 1..3
*LRB09414136HSS49035r* HR0622 LRB094 14136 HSS 49035 r 1 HOUSE RESOLUTION 2 WHEREAS, William Hubbs Rehnquist was born in Milwaukee, 3 Wisconsin, on October 1, 1924, the son of William Benjamin 4 Rehnquist, a paper salesman, and Margery Peck Rehnquist, a 5 translator and homemaker; and 6 WHEREAS, After graduating from Shorewood High School in 7 1942, Mr. Rehnquist attended Kenyon College for one quarter in 8 the fall of 1942 before entering the U.S. Army Air Corps; and 9 WHEREAS, Mr. Rehnquist served in World War II from March of 10 1943 to 1946; he was placed into a pre-meteorology program and 11 was assigned to Denison University until February of 1944, when 12 the program was shut down; and 13 WHEREAS, The program was designed to teach maintenance and 14 repair of weather instruments; in the summer of 1945, Mr. 15 Rehnquist went overseas and served as a weather observer in 16 North Africa; and 17 WHEREAS, After the war ended, Mr. Rehnquist attended 18 Stanford University under the G.I. Bill; in 1948, he received a 19 bachelor's degree and a master's degree in political science, 20 and in 1950, he went to Harvard University, where he received a 21 master's degree in government; he returned later to Stanford 22 University, where he attended law school, graduating first in 23 his class; and 24 WHEREAS, Mr. Rehnquist went to Washington, D.C., to work as 25 a law clerk for Justice Robert H. Jackson during the court's 26 1951-1952 terms; and 27 WHEREAS, Mr. -
Than Segregation, Racial Identity: the Neglected Question in Plessy V
Washington and Lee Journal of Civil Rights and Social Justice Volume 10 | Issue 1 Article 3 Spring 4-1-2004 MORE THAN SEGREGATION, RACIAL IDENTITY: THE NEGLECTED QUESTION IN PLESSY V. FERGUSON Thomas J. Davis Follow this and additional works at: https://scholarlycommons.law.wlu.edu/crsj Part of the Civil Rights and Discrimination Commons, and the Legal History Commons Recommended Citation Thomas J. Davis, MORE THAN SEGREGATION, RACIAL IDENTITY: THE NEGLECTED QUESTION IN PLESSY V. FERGUSON, 10 Wash. & Lee Race & Ethnic Anc. L. J. 1 (2004). Available at: https://scholarlycommons.law.wlu.edu/crsj/vol10/iss1/3 This Article is brought to you for free and open access by the Washington and Lee Journal of Civil Rights and Social Justice at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Journal of Civil Rights and Social Justice by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. MORE THAN SEGREGATION, RACIAL IDENTITY: THE NEGLECTED QUESTION IN PLESSY V. FERGUSON Thomas J. Davis* I. INTRODUCTION The U.S. Supreme Court's 1896 decision in Plessy v. Ferguson' has long stood as an ignominious marker in U.S. law, symbolizing the nation's highest legal sanction for the physical separation by race of persons in the United States. In ruling against thirty-four-year-old New Orleans shoemaker Homer Adolph Plessy's challenge to Louisiana's Separate Railway Act of 1890,2 the Court majority declared that we think the enforced separation of the races, as applied to the internal commerce of the state, neither abridges the privileges or immunities of the colored man, deprives him of his property without due process of law, nor denies him the equal protection of the laws, within the meaning of the Fourteenth Amendment.3 One commentator on the Court's treatment of African-American civil rights cast the Plessy decision as "the climactic Supreme Court pronouncement on segregated institutions."4 Historian C. -
Edward Douglas White: Frame for a Portrait Paul R
Louisiana Law Review Volume 43 | Number 4 Symposium: Maritime Personal Injury March 1983 Edward Douglas White: Frame for a Portrait Paul R. Baier Louisiana State University Law Center Repository Citation Paul R. Baier, Edward Douglas White: Frame for a Portrait, 43 La. L. Rev. (1983) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol43/iss4/8 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. V ( TI DEDICATION OF PORTRAIT EDWARD DOUGLASS WHITE: FRAME FOR A PORTRAIT* Oration at the unveiling of the Rosenthal portrait of E. D. White, before the Louisiana Supreme Court, October 29, 1982. Paul R. Baier** Royal Street fluttered with flags, we are told, when they unveiled the statue of Edward Douglass White, in the heart of old New Orleans, in 1926. Confederate Veterans, still wearing the gray of '61, stood about the scaffolding. Above them rose Mr. Baker's great bronze statue of E. D. White, heroic in size, draped in the national flag. Somewhere in the crowd a band played old Southern airs, soft and sweet in the April sunshine. It was an impressive occasion, reported The Times-Picayune1 notable because so many venerable men and women had gathered to pay tribute to a man whose career brings honor to Louisiana and to the nation. Fifty years separate us from that occasion, sixty from White's death. -
1949 Journal
: I OCTOBEK TEEM, 1949 STATISTICS Miscel- Original Appellate Total laneous Number of cases on dockets 13 867 568 1, 448 Cases disposed of__ — 0 757 551 1, 308 Remaining on dockets 13 110 17 140 Cases disposed of—Appellate Docket By written opinions 108 By per curiam opinions 93 By motion to dismiss or per stipulation (merit cases) 1 By denial or dismissal of petitions for certiorari 555 Cases disposed—Miscellaneous Docket: By written opinions 0 By per curiam opinions - 1 By denial or dismissal of petitions for certiorari 436 By denial or withdrawal of other applications 107 By transfer to Appellate Docket 7 Number of written opinions 87 Number of petitions for certiorari granted 92 Number of admissions to bar 849 REFERENCE INDEX Page Murphy, J., death of (July 19, 1949) announced 1 Rutledge, J., death of (Sept. 10, 1949) announced 1 Clark, J., announcement of appointment 1 Minton, J., announcement of appointment 1 Hughes, C. J., resolutions of the bar presented 198 J. Howard McGrath, Attorney General, presented 1 Maynard E. Pirsig, dean of Law School of University of Min- nesota, appointed a member of the Civil Rules Advisory Committee 188 Allotment of Justices 34 Attorney—change of name 37, 79, 171, 189 850087—50 77 II Rules of Supreme Court : page Rule 27, par. 9, amended (amicus curiae briefs) 70 Rule 32, par. 7, amended (flat fee system adopted) . Court also ordered abandoned the practice of awarding attor- ney's docket fee and concurrently authorized a change in practice whereby but one docket fee would be charged and one docket number assigned where a petition for certiorari seeks review of two or more judgments in consolidated cases 192, 193 Rule 13, par. -
Clerk and Justice: the Ties That Bind John Paul Stevens and Wiley B
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by OpenCommons at University of Connecticut University of Connecticut OpenCommons@UConn Connecticut Law Review School of Law 2008 Clerk and Justice: The Ties That Bind John Paul Stevens and Wiley B. Rutledge Laura Krugman Ray Follow this and additional works at: https://opencommons.uconn.edu/law_review Recommended Citation Ray, Laura Krugman, "Clerk and Justice: The Ties That Bind John Paul Stevens and Wiley B. Rutledge" (2008). Connecticut Law Review. 5. https://opencommons.uconn.edu/law_review/5 CONNECTICUT LAW REVIEW VOLUME 41 NOVEMBER 2008 NUMBER 1 Article Clerk and Justice: The Ties That Bind John Paul Stevens and Wiley B. Rutledge LAURA KRUGMAN RAY Justice John Paul Stevens, now starting his thirty-third full term on the Supreme Court, served as law clerk to Justice Wiley B. Rutledge during the Court’s 1947 Term. That experience has informed both elements of Stevens’s jurisprudence and aspects of his approach to his institutional role. Like Rutledge, Stevens has written powerful opinions on issues of individual rights, the Establishment Clause, and the reach of executive power in wartime. Stevens has also, like Rutledge, been a frequent author of dissents and concurrences, choosing to express his divergences from the majority rather than to vote in silence. Within his chambers, Stevens has in many ways adopted his own clerkship experience in preference to current models. Unlike the practices of most of his colleagues, Stevens hires fewer clerks, writes his own first drafts, and shares certiorari decisionmaking with his clerks. -
Open Mcgehrin Drew State of Faith.Pdf
THE PENNSYLVANIA STATE UNIVERSITY SCHREYER HONORS COLLEGE DEPARTMENT OF HISTORY AND RELIGIOUS STUDIES THE STATE OF FAITH: RELIGION AND RACE IN THE 1985 ALABAMA CASE OF WALLACE V. JAFFREE DREW MCGEHRIN Spring 2013 A thesis submitted in partial fulfillment of the requirements for baccalaureate degrees in Religious Studies and History with interdisciplinary honors in Religious Studies and History Reviewed and approved* by the following: Anne C. Rose Distinguished Professor of History and Religious Studies Thesis Supervisor On-cho Ng Professor of History, Asian Studies, and Philosophy Honors Adviser in Religious Studies Michael Milligan Director of Undergraduate Studies Head of Undergraduate History Intern Program Senior Lecturer in History Second Reader and Honors Adviser in History * Signatures are on file in the Schreyer Honors College. i ABSTRACT This thesis investigates the 1985 Supreme Court decision Wallace v. Jaffree. The case originated in a lawsuit against the State of Alabama by Ishmael Jaffree, an agnostic African American who challenged Governor George Wallace and two Alabama school prayer statutes. The first, enacted in 1981, instructed public schools to allocate time during the school day for a moment of silence for “voluntary prayer.” The second, passed in 1982, instructed teachers to lead their classes in a specific prayer approved by the Alabama State Legislature. Jaffree argued that these laws violated the First Amendment rights of his children, who were students in the Mobile public school system. In a 6-3 decision, the Supreme Court declared the Alabama statutes unconstitutional under the Establishment Clause. The Court rejected Wallace’s states’ rights argument against the incorporation of the First Amendment. -
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. -
1910 Journal
SUPREME COURT OF THE UNITED STATES. Monday, October 10, 1910. The court met pursuant to law. Present: Mr. Justice Harlan, Mr. Justice White, Mr. Justice McKenna, Mr. Justice Holmes, Mr. Justice Day, Mr. Justice Lurton, and Mr. Justice Hughes. Mr. Justice Harlan, Presiding Justice, said: "Gentlemen of the Bar: Since the last term the Honorable Charles Evans Hughes has been appointed an associate justice of this court to fill the vacancy occasioned by the death of Mr. Justice Brewer. Mr. Hughes is present and prepared to take the required oath of office. The court extends a most cordial welcome to the new member. The clerk will read his commission and administer the oath." The clerk then read the commission and Mr. Hughes took the oath of office and was escorted by the marshal to his seat on the bench. Mr. Justice Harlan continued: "Gentlemen of the Bar: Since its last session this court has sus- tained a very great loss. The earthly career of the Chief Justice has been closed by death. This sad event occurred on the 4th day of Juty of the present year at his summer residence, after nearly twenty- three years of continuous and distinguished service on this bench. He met the final summons with that calmness of spirit and compo- sure of mind that marked his whole life. From his early manhood he walked in the good way, uprightly before God and his fellow-men, and passed from this life into the life be}T ond the grave in the con- fident belief, I doubt not, that the Maker and Ruler of the Earth ordereth all things aright.