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Just Because John Marshall Said It, Doesn't Make It So: Ex Parte
Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship 2000 Just Because John Marshall Said it, Doesn't Make it So: Ex Parte Bollman and the Illusory Prohibition on the Federal Writ of Habeas Corpus for State Prisoners in the Judiciary Act of 1789 Eric M. Freedman Maurice A. Deane School of Law at Hofstra University Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship Recommended Citation Eric M. Freedman, Just Because John Marshall Said it, Doesn't Make it So: Ex Parte Bollman and the Illusory Prohibition on the Federal Writ of Habeas Corpus for State Prisoners in the Judiciary Act of 1789, 51 Ala. L. Rev. 531 (2000) Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/53 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Faculty Scholarship by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. MILESTONES IN HABEAS CORPUS: PART I JUST BECAUSE JOHN MARSHALL SAID IT, DOESN'T MAKE IT So: Ex PARTE BoLLMAN AND THE ILLUSORY PROHIBITION ON THE FEDERAL WRIT OF HABEAS CORPUS FOR STATE PRISONERS IN THE JUDIcIARY ACT OF 1789 Eric M. Freedman* * Professor of Law, Hofstra University School of Law ([email protected]). BA 1975, Yale University;, MA 1977, Victoria University of Wellington (New Zea- land); J.D. 1979, Yale University. This work is copyrighted by the author, who retains all rights thereto. -
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. -
VIRTUAL ASPIRE 2021 Building Success Through the Liberal Arts Building Success Through the Liberal Arts
COLLEGE OF ARTS, HUMANITIES, AND SOCIAL SCIENCES UNIVERSITY PRESENTS VIRTUAL ASPIRE 2021 Building Success Through the Liberal Arts Building Success through the Liberal Arts Vision Statement The goal of the Aspire program is to empower students to appreciate, articulate, and leverage the intellectual skills, knowledge, and dispositions unique to a liberal arts education in the service of their personal and professional development. Participants will learn to convey the core values and strengths of their degree program, identify career paths that may connect to that program, and prepare themselves to fur- ther pursue passions and opportunities upon completing their degrees. Thank you to Boston College, Endeavor: The Liberal Arts Advantage for Sophomores, for inspiration and activity ideas. 2 Contents Schedule Overview 4-5 CoAHSS 6-9 Dean’s Advisory Board 10-21 Connect with Us! Guest Speakers 22-24 Campus Resources 25-26 @WPCOAHSS Thank You 27 “What we think, we become.” -Buddha 3 Schedule Overview In-Person Evening Program: Monday, August 2nd Student Center. Rm. 211 5:30pm-6:30pm: Welcome: Program Overview/Introduction: Speakers: o Dr. Wartyna Davis, Dean, College of Arts, Humanities, and Social Science o Dr. Joshua Powers, Provost and Senior Vice President, William Paterson University o Valerie Gross, Dean’s Advisory Board Chair o Selected Student from Aspire 2020, Zhakier Seville Reception: Light Refreshments VIRTUAL Day One Tuesday, August 3th from 9:00am to 2:35pm 9:00– 9:05am Welcome: Dr. Ian Marshall and Lauren Agnew 9:05am-10:00am Virtual Workshops: Career Foundations Group A: The Liberal Arts Advantage: Understanding Yourself through the Strong Interest Inventory Assessment with Ms. -
Journal of Supreme Court History
Journal of Supreme Court History THE SUPREME COURT HISTORICAL SOCIETY THURGOOD MARSHALL Associate Justice (1967-1991) Journal of Supreme Court History PUBLICATIONS COMMITTEE E. Barrett Prettyman, Jr. Chairman Donald B. Ayer Louis R. Cohen Charles Cooper Kenneth S. Geller James J. Kilpatrick Melvin I. Urofsky BOARD OF EDITORS Melvin I. Urofsky, Chairman Herman Belz Craig Joyce David O'Brien David J. Bodenhamer Laura Kalman Michael Parrish Kermit Hall Maeva Marcus Philippa Strum MANAGING EDITOR Clare Cushman CONSULTING EDITORS Kathleen Shurtleff Patricia R. Evans James J. Kilpatrick Jennifer M. Lowe David T. Pride Supreme Court Historical Society Board of Trustees Honorary Chairman William H. Rehnquist Honorary Trustees Harry A. Blackmun Lewis F. Powell, Jr. Byron R. White Chairman President DwightD.Opperman Leon Silverman Vice Presidents VincentC. Burke,Jr. Frank C. Jones E. Barrett Prettyman, Jr. Secretary Treasurer Virginia Warren Daly Sheldon S. Cohen Trustees George Adams Frank B. Gilbert Stephen W. Nealon HennanBelz Dorothy Tapper Goldman Gordon O. Pehrson Barbara A. Black John D. Gordan III Leon Polsky Hugo L. Black, J r. William T. Gossett Charles B. Renfrew Vera Brown Geoffrey C. Hazard, Jr. William Bradford Reynolds Wade Burger Judith Richards Hope John R. Risher, Jr. Patricia Dwinnell Butler William E. Jackson Harvey Rishikof Andrew M. Coats Rob M. Jones William P. Rogers William T. Coleman,1r. James 1. Kilpatrick Jonathan C. Rose F. Elwood Davis Peter A. Knowles Jerold S. Solovy George Didden IIJ Harvey C. Koch Kenneth Starr Charlton Dietz Jerome B. Libin Cathleen Douglas Stone John T. Dolan Maureen F. Mahoney Agnes N. Williams James Duff Howard T. -
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. -
Resisting a Basic Writing Legacy System
“Root and Branch” “Root and Branch”: Resisting a Basic Writing Legacy System Sean Molloy, Silvester Fonville, and Abdus Salam ABSTRACT: Since the 1970s, legacy Basic Writing systems have survived despite growing resistance grounded in an increasing awareness of their troubling roots and harmful effects. In this article, two 2017 basic writing students and their teacher conduct a mixed-method “postmortem” examination of the now eliminated zero-credit course and writing test place- ment system at their university. They combine a local desegregation history, an assessment validity inquiry, and a case study of growing resistance to Basic Writing for over a decade, including their own resistance in 2017. Adapting the “root and branch” metaphor from Green v. County Board (1968), the authors analyze reforms from 2007 to 2017 that significantly trimmed the branches of a decades-old, legacy Basic Writing system—but did not root it out completely. Finally, the authors examine their own failed efforts to obtain college credit for the work they did together in 2017 and the complex ways that Basic Writing has harmed each of them. KEYWORDS: basic writing; desegregation; civil rights; college writing; disparate impact; harm; root and branch; testing; writing assessment; writing placement Sil and Abdus met on September 6, 2017—their very first day of college at William Paterson University (“WP”). That day, Abdus felt nervous and excited. He had no idea what to expect or whether he could succeed. Sil felt weird. He’s not a social person and he didn’t know anyone. It should have been a proud and happy day. -
HUGH HENRY BRACKENRIDGE, at PRINCETON UNIVERSITY, 1768-1771* Martha Conner
146 Hugh Henry Brackenridge at Princeton University HUGH HENRY BRACKENRIDGE, AT PRINCETON UNIVERSITY, 1768-1771* Martha Conner. The College of New Jersey grew out of a need to pro- vide training for American boys for the Presbyterian min- istry, but it was controlled neither by the church nor the state. A liberal charter granted by the Governor of New Jersey in 1746 stated that "every religious denomination may have free and equal liberty and advantage of( educa- tion/' and made no mention of any set purpose to educate for the ministry. The first trustees were from the states of Pennsylvania, New Jersey, and New York, and the most of them were Presbyterians, two were Episcopalians, two Quakers, and one a minister of the Dutch Reformed Church. (1) The Rev. Jonathan Dickinson was elected president and the school opened inhis parsonage in Elizabethtown inMay, 1747, with not more than ten students. Pres. Dickinson died in October of that year and the Rev. Aaron Burr suc- ceeded him when the school with eight pupils was moved to his parsonage at Newark. A permanent home for the col- lege was sought and propositions were made both to New Brunswick and to Princeton. The latter promptly accepted the proposal to provide £1000, ten acres of cleared land and two hundred acres of woodland not more than three miles from the town. The bond for £1000 was signed by John Horner, a Quaker, Judge Thomas Leonard, a trustee, and Judge John Stockton. The site for the buildings was given by Mr. Nathaniel Fitz Randolph, a Quaker resident, who raised inall £1700 for the College. -
The Ironies of Marbury V. Madison and John Marshall's Judicial Statesmanship, 37 J
UIC Law Review Volume 37 Issue 2 Article 4 Winter 2004 The Ironies of Marbury v. Madison and John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004) Samuel R. Olken John Marshall Law School, [email protected] Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Constitutional Law Commons, Courts Commons, Judges Commons, and the Legal History Commons Recommended Citation Samuel R. Olken, The Ironies of Marbury v. Madison and John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004) https://repository.law.uic.edu/lawreview/vol37/iss2/4 This Article is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. THE IRONIES OF MARBURY v. MADISON AND JOHN MARSHALL'S JUDICIAL STATESMANSHIP SAMUEL R. OLKEN* "It is emphatically the province and the duty of the judicial department to say what the law is."1 I. INTRODUCTION Over the course of the last century, Marbury v. Madison' has played a prominent role in the debate over the legitimacy of judicial review in our constitutional system.3 Hailed by some for its conscious distinction between law and politics4 and graceful expression of the constitutional limits of governmental authority,5 others criticize Marbury for its syllogistic legal reasoning' and flawed constitutional interpretation.7 Accordingly, Marbury has become a flash point of sorts in constitutional discourse, its observations about the role of the Court,' an independent federal . -
Fantastically Oversized and Poetically Evocative Sculptures of Plants, Flowers, Fruits, Vegetables, Seedpods, and Shells Are the Subjects of Ming Fay’S Art
ART W ORK PILLAR ARc ART IST MING FAy IN S TA LLE D 2004 U.S. COURTHOUSE SEATTLE, WASHINGTON Fantastically oversized and poetically evocative sculptures of plants, flowers, fruits, vegetables, seedpods, and shells are the subjects of Ming Fay’s art. He crafts these natural forms out of various materials—including metal, wood, paper, glass, and wire—and arranges them in room-sized installations that are both visu ally spectacular and densely layered with meaning. These sculptures represent the physical, psychological, and spiritual nourishment provided by the botanical realm. Fay’s art is also imbued with humor and wide-ranging cultural allusions. His depictions of gigantic plants are reminiscent of the mysterious-island and forbidden-planet adventures of 1950s and ’60s science-fiction movies, while his jumbo fruit sculptures evoke the surreal Garden of Earthly Delights by the Renaissance painter Hieronymus Bosch. Fay’s sculptures also play with the traditional Chinese connotations of certain fruits—such as peaches (longevity), cherries (love), and pears (prosperity)—that he adapts for his own metaphorical uses. Overall, Fay’s work reveals the innate wonder and complexity of even the humblest natural forms, which are part of the vast ecosystem that we share. Y To create Pillar Arc for the courthouse in Seattle, Fay took inspiration from a single scale of a cedar cone. Fay selected the cedar because of its spiritual and historical connections to the Pacific Northwest. Some of the largest Western Red cedars grow on the Olympic Peninsula. The tree also has special symbolic meaning and practical uses for the area’s Native American communities, who for centuries have used its pliable bark for weaving and its durable wood for building longhouses and A canoes. -
The Constitution in the Supreme Court: the Powers of the Federal Courts, 1801-1835 David P
The Constitution in the Supreme Court: The Powers of the Federal Courts, 1801-1835 David P. Curriet In an earlier article I attempted to examine critically the con- stitutional work of the Supreme Court in its first twelve years.' This article begins to apply the same technique to the period of Chief Justice John Marshall. When Marshall was appointed in 1801 the slate was by no means clean; many of our lasting principles of constitutional juris- prudence had been established by his predecessors. This had been done, however, in a rather tentative and unobtrusive manner, through suggestions in the seriatim opinions of individual Justices and through conclusory statements or even silences in brief per curiam announcements. Moreover, the Court had resolved remark- ably few important substantive constitutional questions. It had es- sentially set the stage for John Marshall. Marshall's long tenure divides naturally into three periods. From 1801 until 1810, notwithstanding the explosive decision in Marbury v. Madison,2 the Court was if anything less active in the constitutional field than it had been before Marshall. Only a dozen or so cases with constitutional implications were decided; most of them concerned relatively minor matters of federal jurisdiction; most of the opinions were brief and unambitious. Moreover, the cast of characters was undergoing rather constant change. Of Mar- shall's five original colleagues, William Cushing, William Paterson, Samuel Chase, and Alfred Moore had all been replaced by 1811.3 From the decision in Fletcher v. Peck4 in 1810 until about 1825, in contrast, the list of constitutional cases contains a succes- t Harry N. -
MARGO MACHIDA Full Cv 2015
MARGO LANI MACHIDA Professor Department of Art & Art History University of Connecticut 830 Bolton Road, U1099 Storrs, CT 06269-1099 (860) 486-2678 (office) [email protected] Area of specialization: Contemporary Asian American art, art history, and visual culture studies; American art Education Ph.D., American Studies, State University of New York at Buffalo, 2002 M.A., Fine Arts, Hunter College, City University of New York, 1978 B.A., English and Psychology, New York University, 1976 Academic Employment Acting Director, Asian and Asian American Studies Institute, University of Connecticut (Fall 2014) Professor, Art History and Asian American Studies, University of Connecticut (Full time, August 2013 to present) Associate Professor, Art History and Asian American Studies, University of Connecticut (Full time, August 2006 to July 2013) Assistant Professor, Art History and Asian American Studies, University of Connecticut (Full time, August 2002 to July 2006) Instructor/Faculty Fellow, Asian/ Pacific/American Studies Program & Institute, New York University (2000-2002); Adjunct Professor (1997-2000) Madeleine Haas Russell Visiting Professor in Comparative and Non-Western Studies, Art History Department, Brandeis University, Waltham, MA (1996) Instructor, Art History Department, State University of New York at Buffalo (1995-96) Regent’s Lecturer, Department of Art, University of California at Irvine (1993) Instructor, Liberal Studies, Parsons School of Design, New York (1989-91) Adjunct Assistant Professor of Art History, The Cooper -
Ming Fay: Beyond Nature
Ming Fay: Beyond Nature Curated by Alexandra Chang, Curator of Special Projects and Director of Global Arts Programs at the Asian/Pacific/American Institute at New York University April 18 - June 1, 2019 Opening Thursday, April 18, 6 pm - 8 pm Hope to see you on Thursday April 18 for the opening reception. Raushan, Nina, Salima, Ming, Parker and Alexandra Sapar Contemporary is proud to present Beyond Nature, Ming Fay’s first exhibition with the gallery. From our catastrophic tampering in the Anthropocene to the tension and balance of man and creation through the practice of Tai Chi Chuan, in the exhibition Beyond Nature Shanghai-born New York- based artist Ming Fay explores our multivalent relationship to nature. During the 1980s, Fay was a member of Epoxy Art Group, an artist collective with many members from China and Hong Kong who were living in New York's vibrant artist haven of the Lower East Side. Finding inspiration from Asian and Asian American traditions, his work, including large-scale fruits and alien plant forms, is familiar yet surreal, serving as a warning to our assumptions that we are beyond the control of nature. Please join us for the opening reception on April 18, 6-8 pm RSVP Not required but appreciated - via Facebook Sapar Contemporary, TriBeCa, 9 N Moore Street, NY, NY 10013 (near Canal St and Franklin St subways) Ming Fay in his work comments upon the symbiotic relationship between humans and nature. Drawing on an extensive knowledge of both Eastern and Western horticulture and mythologies, along with his close observation of personally collected items such as fruits, seeds, and bones, Fay often reworks nature’s forms in order to fabricate imaginary species.