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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. -
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 -
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. -
Mr. Justice Murphy: a Political Biography. by J. Woodford Howard
Buffalo Law Review Volume 19 Number 1 Article 14 10-1-1969 Mr. Justice Murphy: a Political Biography. by J. Woodford Howard. Arthur Selvwyn Miller The National Law Center, The George Washington University Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Judges Commons, Legal Biography Commons, and the Supreme Court of the United States Commons Recommended Citation Arthur S. Miller, Mr. Justice Murphy: a Political Biography. by J. Woodford Howard., 19 Buff. L. Rev. 145 (1969). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol19/iss1/14 This Book Review is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. MR. JUSTICE MuRPn]: A POLITICAL BIOGRAPHY. By J. Woodford Howard. Princeton, N.J.: Princeton University Press, 1968. Pp. 578. $12.50. ARTHIUR SELVWYN MILLER* Adamson v. California1 was decided in 1947. Since overruled by the Warren Court, it became immediately famous because of a contentious debate between Justices Black and Frankfurter. Black would have had the due process clause of the fourteenth amendment "incorporate" all of the substantive provisions of the Bill of Rights-in this instance the federal standard of the fifth amendment privilege against self incrimination. Black accused his brethren in the majority of reading their ideas of "natural law" into the Constitution. This, as is well known, infuriated Frankfurter, who maintained that Black's history (about the meaning of the fourteenth amendment) was faulty, and that "due process" did not give the Justices a warrant to roam at large, placing their ideas of good social policy (natural law) into the Constitution. -
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. -
One of Nine--Mr. Justice Burton's Appointment to the Supreme Court
Case Western Reserve Law Review Volume 4 Issue 2 Article 6 1953 One of Nine--Mr. Justice Burton's Appointment to the Supreme Court Daniel S. McHargue Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Daniel S. McHargue, One of Nine--Mr. Justice Burton's Appointment to the Supreme Court, 4 W. Rsrv. L. Rev. 128 (1953) Available at: https://scholarlycommons.law.case.edu/caselrev/vol4/iss2/6 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. [Winter One of Nine - Mr. Justice Burton's Appointment to the Supreme Court Daniel S. McHargue IN TWO WAYS Associate Justice Harold Hitz Burton is one of nine. First, he is one of the nine Justices currently comprising the personnel of the Supreme Court of the United States and the only Republican member thereof. Second, he is one of the nine men appointed to or promoted on our nation's highest tribunal by Presidents belonging to a different political party and the only Republican placed upon that bench by a Democratic President. The nine tenures held by Justices whose partisan affiliation differed from that of the chief executive responsible for their selection comprise only about 10% of a total of some ninety-one Sn- ofeme nietyone Su- THE AuTHOR (A.B., 1938, M.A., 1941, Ph.D., 1949, University of California) is Assistant reme Court tenures. -
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. -
The Appointment of Supreme Court Justices: Prestige, Principles and Politics John P
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Indiana University Bloomington Maurer School of Law Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1941 The Appointment of Supreme Court Justices: Prestige, Principles and Politics John P. Frank Indiana University School of Law Follow this and additional works at: http://www.repository.law.indiana.edu/facpub Part of the Courts Commons, and the Judges Commons Recommended Citation Frank, John P., "The Appointment of Supreme Court Justices: Prestige, Principles and Politics" (1941). Articles by Maurer Faculty. Paper 1856. http://www.repository.law.indiana.edu/facpub/1856 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. THE APPOINTMENT OF SUPREME COURT JUSTICES: PRESTIGE, PRINCIPLES AND POLITICS* JOHN P. FRANK Hidden in musty obscurity behind the forbidding covers of three hundred and more volumes of court reports, the Justices of the United States Supreme Court seldom emerge into public view. Deaths and retirements, new appointments, and occasional opinions attract fleeting attention; all else is unnoticed. But to the political scientist, to the historian, and, above all, to the lawyer, the Supreme Court is an object of vital concern. To the political scientist, the Court matters because it is the chief juggler in maintaining the Balance of Powers. To the historian, the Court matters because of its tre- mendous influence on the policies of federal and state governments. -
The Utopian Pilgrimage of Mr. Justice Murphy
Vanderbilt Law Review Volume 10 Issue 2 Issue 2 - February 1957 Article 10 2-1957 The Utopian Pilgrimage of Mr. Justice Murphy John P. Roche Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the First Amendment Commons, and the Supreme Court of the United States Commons Recommended Citation John P. Roche, The Utopian Pilgrimage of Mr. Justice Murphy, 10 Vanderbilt Law Review 369 (1957) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol10/iss2/10 This Article 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]. THE UTOPIAN PILGRIMAGE OF MR. JUSTICE MURPHY JOHN P. ROCHE* On July 19, 1949, Frank Murphy, Associate Justice of the Supreme Court of the United States died in Detroit. The liberal press mourned the passing of a mighty warrior for civil liberty. Other journals ob- served the protocol of the occasion by politely deploring his death, the University of Michigan Law School prepared a memorial issue of the Michigan Law Review' in honor of its distinguished alumnus, a few encomiums appeared in the law journals, 2 then silence set in. A silence which has been broken only by occasional slighting references to Murphy's talents, and by a word-of-mouth tradition in law school circles that the Justice was a legal illiterate, a New Deal political hack who approached the sacred arcana of the Law with a disrespect that verged on blasphemy, who looked upon hallowed juridical tradi- tions as a drunk views a lamppost: as a means of support rather than a source of light.