October Term, 1947
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In Defence of the Court's Integrity
In Defence of the Court’s Integrity 17 In Defence of the Court’s Integrity: The Role of Chief Justice Charles Evans Hughes in the Defeat of the Court-Packing Plan of 1937 Ryan Coates Honours, Durham University ‘No greater mistake can be made than to think that our institutions are fixed or may not be changed for the worse. We are a young nation and nothing can be taken for granted. If our institutions are maintained in their integrity, and if change shall mean improvement, it will be because the intelligent and the worthy constantly generate the motive power which, distributed over a thousand lines of communication, develops that appreciation of the standards of decency and justice which we have delighted to call the common sense of the American people.’ Hughes in 1909 ‘Our institutions were not designed to bring about uniformity of opinion; if they had been, we might well abandon hope.’ Hughes in 1925 ‘While what I am about to say would ordinarily be held in confidence, I feel that I am justified in revealing it in defence of the Court’s integrity.’ Hughes in the 1940s In early 1927, ten years before his intervention against the court-packing plan, Charles Evans Hughes, former Governor of New York, former Republican presidential candidate, former Secretary of State, and most significantly, former Associate Justice of the Supreme Court, delivered a series 18 history in the making vol. 3 no. 2 of lectures at his alma mater, Columbia University, on the subject of the Supreme Court.1 These lectures were published the following year as The Supreme Court: Its Foundation, Methods and Achievements (New York: Columbia University Press, 1928). -
Gold Contracts and Currency Regulation Charles S
Cornell Law Review Volume 23 Article 2 Issue 4 June 1938 Gold Contracts and Currency Regulation Charles S. Collier Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Charles S. Collier, Gold Contracts and Currency Regulation , 23 Cornell L. Rev. 520 (1938) Available at: http://scholarship.law.cornell.edu/clr/vol23/iss4/2 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. GOLD CONTRACTS AND CURRENCY REGULATION CHARLES S. COLLIER Is the historic "gold clause" controversy. still alive?' Can we find in the leading opinions of the Supreme Court a firm foundation for constructive currency policies within the true limits of the constitutional grants of power to the federal government which relate to this subject? Is there perhaps a hitherto undiscovered, but intrinsically acceptable "middle ground" as between the conflicting views that have been maintained on the question of the constitutionality of the gold -clause legislation of June 5, 1933,2 so that the hope may be entertained that eventually a consensus of legal and political opinion on this subject can be established? -The central questions with relation to the gold clause controversy have been brought into focus once more by two arresting decisions of the United States Supreme Court rendered in the course of the year 1937. The first of these is the decision in the case of Holyoke Water Power Company v. -
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. -
The Importance of Dissent and the Imperative of Judicial Civility
Valparaiso University Law Review Volume 28 Number 2 Symposium on Civility and Judicial Ethics in the 1990s: Professionalism in the pp.583-646 Practice of Law Symposium on Civility and Judicial Ethics in the 1990s: Professionalism in the Practice of Law The Importance of Dissent and the Imperative of Judicial Civility Edward McGlynn Gaffney Jr. Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Edward McGlynn Gaffney Jr., The Importance of Dissent and the Imperative of Judicial Civility, 28 Val. U. L. Rev. 583 (1994). Available at: https://scholar.valpo.edu/vulr/vol28/iss2/5 This Symposium is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Gaffney: The Importance of Dissent and the Imperative of Judicial Civility THE IMPORTANCE OF DISSENT AND THE IMPERATIVE OF JUDICIAL CIVILITY EDWARD McGLYNN GAFFNEY, JR.* A dissent in a court of last resort is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the errorinto which the dissentingjudge believes the court to have been betrayed... Independence does not mean cantankerousness and ajudge may be a strongjudge without being an impossibleperson. Nothing is more distressing on any bench than the exhibition of a captious, impatient, querulous spirit.' Charles Evans Hughes I. INTRODUCTION Charles Evans Hughes served as Associate Justice of the Supreme Court from 1910 to 1916 and as Chief Justice of the United States from 1930 to 1941. -
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. -
New York City Anti-Defamation League of B'nai B'rith (2)
The original documents are located in Box 16, folder “6/11/75 - New York City Anti- Defamation League of B'nai B'rith (2)” of the Sheila Weidenfeld Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 16 of the Sheila Weidenfeld Files at the Gerald R. Ford Presidential Library PURPOSE& ' .. PURPOSE& PROGRAM ADL: Yesterday and Today The Anti-Defamation League of B'nai B'rith is one of the nation's oldest and leading human rela tions agencies. It is dedicated in purpose and program to translating this country's heritage of democratic ideals into a way of life for all Americans in our time. AD L was founded in 1913 with a handful of stationery, two desks in a Chicago law office, and a group of determined volunteers who set as its goal "to end the defamation of the Jewish people ... to secure justice and fair treatment for all citizens alike." Overt and unabashed anti-Semitism was the order of the day: resort advertising that read, "No do~! No Jews!"; offensive caricatures of Jews in magazine cartoons; crude and cruel stereotypes on stage and screen; best-seller circulation of such anti Semitic documents as "The Protocols of the Elders of Zion"; the trial by prejudice of Leo Frank, a "Yankee Jew" accused of rape and murder in Atlanta, Ga., a few years after the Bellus "ritual murder" case in Russia. -
Orizzontecina Grafica E Impaginazione:E Grafica
orizzonteCina grafica e impaginazione:grafica www.glamlab.it Il 50° anniversario della normalizzazione delle relazioni diplomatiche tra Repubblica italiana e Repubblica popolare cinese (6 novembre 1970-2020) cade in corrispondenza di un significativo Italia e Cina: deterioramento del quadro politico ed economico internazionale. La pandemia da COVID-19, gli effetti del “momento 50 anni di relazioni jacksoniano” sulla politica estera statunitense sotto la presidenza Trump, e Tra status e agency: Cina e Italia a 50 anni dalla normalizzazione la crescente fermezza dell’Unione Europea delle relazioni | Giovanni B. Andornino nei confronti di Pechino hanno accelerato “Reality check”: le relazioni bilaterali Italia-Cina in ambito il riallineamento dei fattori che hanno sino economico dagli anni Settanta alle “nuove Vie della Seta” ad ora abilitato l’agenda di “rigenerazione della nazione cinese” perseguita dal Partito- | Giuseppe Gabusi e Giorgio Prodi Stato cinese sotto la guida di Xi Jinping. Il L’ascesa del populismo e il suo impatto sulle relazioni sino-europee comunicato diramato al termine della 5ª | Sun Fanglu sessione plenaria del 19° Comitato centrale del Partito comunista cinese lo scorso 29 Il Mediterraneo allargato e la Cina come “offshore balancer” ottobre 2020 riflette questa consapevolezza | Andrea Ghiselli e Maria Grazia Giuffrida e segnala come i vertici del Partito-Stato constatino un “profondo modificarsi Italia-Cina: le interazioni in ambito navale e la proiezione cinese nel dell’equilibrio di potenza internazionale”. Mediterraneo -
Hamilton County General Sessions Court - Criminal Division 9/23/2021 Page No: 1 Trial Docket
CJUS8023 Hamilton County General Sessions Court - Criminal Division 9/23/2021 Page No: 1 Trial Docket Thursday Trial Date: 9/23/2021 8:30:00 AM Docket #: 1825414 Defendant: ANDERSON , QUINTON LAMAR Charge: DOMESTIC ASSAULT Presiding Judge: STARNES, GARY Division: 5 Court Room: 4 Arresting Officer: SMITH, BRIAN #996, Complaint #: A 132063 2021 Arrest Date: 5/14/2021 Docket #: 1793448 Defendant: APPLEBERRY , BRANDON JAMAL Charge: AGGRAVATED ASSAULT Presiding Judge: WEBB, GERALD Division: 3 Court Room: 3 Arresting Officer: GOULET, JOSEPH #385, Complaint #: A 62533 2021 Arrest Date: 5/26/2021 Docket #: 1852403 Defendant: ATCHLEY , GEORGE FRANKLIN Charge: CRIMINAL TRESPASSING Presiding Judge: STARNES, GARY Division: 5 Court Room: 4 Arresting Officer: SIMON, LUKE #971, Complaint #: A 100031 2021 Arrest Date: 9/17/2021 Docket #: 1814264 Defendant: AVERY , ROBERT CAMERON Charge: THEFT OF PROPERTY Presiding Judge: WEBB, GERALD Division: 3 Court Room: 3 Arresting Officer: SERRET, ANDREW #845, Complaint #: A 091474 2020 Arrest Date: 9/9/2020 Docket #: 1820785 Defendant: BALDWIN , AUNDREA RENEE Charge: CRIMINAL TRESPASSING Presiding Judge: SELL, CHRISTINE MAHN Division: 1 Court Room: 1 Arresting Officer: FRANTOM, MATTHEW #641, Complaint #: M 115725 2020 Arrest Date: 11/14/2020 Docket #: 1815168 Defendant: BARBER , JUSTIN ASHLEY Charge: OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY Presiding Judge: STARNES, GARY Division: 5 Court Room: 4 Arresting Officer: LONG, SKYLER #659, Complaint #: A 094778 2020 Arrest Date: 9/18/2020 Docket #: 1812424 Defendant: BARNES -
The Instrumental Role of Congressman Hatton Sumners in the Resolution of the 1937 Court-Packing Crisis, 54 UIC J
UIC Law Review Volume 54 Issue 2 Article 1 2021 “What I Said Was ‘Here Is Where I Cash In’”: the Instrumental Role of Congressman Hatton Sumners in the Resolution of the 1937 Court-Packing Crisis, 54 UIC J. Marshall L. Rev. 379 (2021) Josiah Daniel III Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Law Commons Recommended Citation Josiah M. Daniel III, “What I Said Was ‘Here Is Where I Cash In’”: the Instrumental Role of Congressman Hatton Sumners in the Resolution of the 1937 Court-Packing Crisis, 54 UIC J. Marshall L. Rev. 379 (2021) https://repository.law.uic.edu/lawreview/vol54/iss2/1 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]. “WHAT I SAID WAS ‘HERE IS WHERE I CASH IN’”: THE INSTRUMENTAL ROLE OF CONGRESSMAN HATTON SUMNERS IN THE RESOLUTION OF THE 1937 COURT- PACKING CRISIS JOSIAH M. DANIEL, III* I. THE CONGRESSMAN’S “CASH IN” UTTERANCE UPON DEPARTING THE WHITE HOUSE ON FEBRUARY 5, 1937 ... 379 II. HATTON W. SUMNERS’S LIFE AND CONGRESSIONAL CAREER ......................................................................................... 384 III. THE NEW DEAL’S LITIGATION PROBLEM AND PRESIDENT FRANKLIN D. ROOSEVELT’S PROPOSED COURT-PACKING SOLUTION ........................................................................ 393 IV. SUMNERS’S TWO JUDICIAL BILLS AS BOOKENDS TO THE CRISIS .............................................................................. 401 a. March 1, 1937: The Retirement Act ....................... 401 b. August 24, 1937: The Intervention Act ................. -
The Importance of the Catholic School Ethos Or Four Men in a Bateau
THE AMERICAN COVENANT, CATHOLIC ANTHROPOLOGY AND EDUCATING FOR AMERICAN CITIZENSHIP: THE IMPORTANCE OF THE CATHOLIC SCHOOL ETHOS OR FOUR MEN IN A BATEAU A dissertation submitted to the Kent State University College of Education, Health, and Human Services in partial fulfillment of the requirements for the degree of Doctor of Philosophy By Ruth Joy August 2018 A dissertation written by Ruth Joy B.S., Kent State University, 1969 M.S., Kent State University, 2001 Ph.D., Kent State University, 2018 Approved by _________________________, Director, Doctoral Dissertation Committee Natasha Levinson _________________________, Member, Doctoral Dissertation Committee Averil McClelland _________________________, Member, Doctoral Dissertation Committee Catherine E. Hackney Accepted by _________________________, Director, School of Foundations, Leadership and Kimberly S. Schimmel Administration ........................ _________________________, Dean, College of Education, Health and Human Services James C. Hannon ii JOY, RUTH, Ph.D., August 2018 Cultural Foundations ........................ of Education THE AMERICAN COVENANT, CATHOLIC ANTHROPOLOGY AND EDUCATING FOR AMERICAN CITIZENSHIP: THE IMPORTANCE OF THE CATHOLIC SCHOOL ETHOS. OR, FOUR MEN IN A BATEAU (213 pp.) Director of Dissertation: Natasha Levinson, Ph. D. Dozens of academic studies over the course of the past four or five decades have shown empirically that Catholic schools, according to a wide array of standards and measures, are the best schools at producing good American citizens. This dissertation proposes that this is so is partly because the schools are infused with the Catholic ethos (also called the Catholic Imagination or the Analogical Imagination) and its approach to the world in general. A large part of this ethos is based upon Catholic Anthropology, the Church’s teaching about the nature of the human person and his or her relationship to other people, to Society, to the State, and to God. -
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 Hughes-Roberts Visit
THE HUGHES-ROBERTS VISIT Barry Cushman† HE BEHAVIOR OF JUSTICE OWEN ROBERTS in the minimum wage cases that came before the Supreme Court of the United States in 1936 and 1937 has long been the subject of scholarly interest and debate. In Morehead v. New York Tex rel. Tipaldo , decided in June of 1936, Justice Roberts joined the Four Horsemen in striking down New York’s minimum wage stat- ute for women.1 The following term, however, Justice Roberts supplied the crucial fifth vote to uphold the Washington State min- imum wage law in West Coast Hotel v. Parrish.2 The question that has long preoccupied scholars is, of course, what accounts for this “switch”? In an article published in the North Carolina Law Review in 2005, Professor William Leuchtenburg observed that several explanations for Roberts’ conduct in the minimum wage cases have been offered, “with one of the most abiding that at some point [Chief Justice Charles Evans] Hughes must have taken Roberts aside and told him that, for the sake of the Court as an institution, he had to abandon the Four Horsemen.”3 Professor Leuchtenburg further reported that “At a symposium on the Court-packing crisis in which I participated † Barry Cushman is the James Monroe Distinguished Professor of Law, David H. Ibbeken ’71 Research Professor, and Professor of History, University of Virginia, and Forbes Visiting Fellow, James Madison Program, Princeton University. Copyright © 2012 Barry Cushman. 1 298 U.S. 587 (1936). 2 300 U.S. 379 (1937). 3 William E. Leuchtenburg, “Charles Evans Hughes: The Center Holds,” 83 N.C.