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US Supreme Court REF KF 4772.A7F75 Preview of the United States Supreme Court Cases REF KF 8741.A1P7 Encyclopedia of the U.S

LSC - Montgomery Library 3200 College Park Dr. Bldg. F U.S. Supreme Court Conroe, TX 77384 http://www.lonestar.edu/library 936-273-7390 Reference Books Great American Trials REF KF 220.G74 Great American Court Cases REF KF 385.A4G68 Oxford Guide to United States Supreme Court Decisions REF KF 4548.O97 Landmark Decisions of the United States Supreme Court REF KF 4549 .L37 Basic Cases in Constitutional Law REF KF 4549.L55 Landmark Supreme Court Cases REF KF 4549.L58 Supreme Court Drama REF KF 4550.Z9B73 Freedom of Speech Decisions of the US Supreme Court REF KF 4772.A7F75 Preview of the United States Supreme Court Cases REF KF 8741.A1P7 Encyclopedia of the U.S. Supreme Court REF KF 8742.A35E53 The Oxford Companion to the Supreme Court of the U.S. REF KF 8742.A35 O93 The Encyclopedia of the Supreme Court REF KF 8742.A35 S54 The Supreme Court A to Z REF KF 8742.A35S8 The Fuller Court: Justices, Rulings, and Legacy REF KF 8742.E45 The Taney Court: Justices, Rulings, and Legacy REF KF 8742.H79 The Hughes Court: Justices, Rulings, and Legacy REF KF 8742.P334 The Taft Court: Justices, Rulings, and Legacy REF KF 8742.R453 The Stone Court: Justices, Rulings, and Legacy REF KF 8742.R48 The Warren Court: Justices, Rulings, and Legacy REF KF 8742.U764 The Waite Court: Justices, Rulings, and Legacy REF KF 8742.S742 Congressional Quarterly’s Guide to the U.S. Supreme Court REF KF 8742.W567 The Burger Court: Justices, Rulings, and Legacy REF KF 8742.Y365 The Supreme Court Justices REF KF 8744.S86 • Circulating Books Essentials of the American Constitution KF 4550.S53 Understanding Affirmative Action KF 4755.5 .K45 The Shifting Wind: the Supreme Court and Civil Rights... KF 4757 .H69 The U.S. Supreme Court and the Electoral Process KF 4886 .A5 U17 Rehnquist Justice: Understanding the Court Dynamic KF 8742 .R475 The Supreme Court in the American Legal System KF 8742. S433 The Most Activist Supreme Court in History KF 8748 .K43 The Role of the Supreme Court in American Politics KF 8748 .P33 Affirmative Action / EEO College CME/DMS dec update Arbitrary and Capricious: The Supreme Court, the Constitution KF 9227.C2 F65 and the Death Penalty Prisoner’s Rights KF 9731 .A7 F58 • Great Web Sites Supreme Court Decisions – FedWorld (1937-1975) http://www.fedworld.gov/supcourt/index.htm Supreme Court Decisions – GPO (1937-1975) http://www.access.gpo.gov/su_docs/supcrt/index.html Supreme Court Decisions – Legal Information Institute (Cornell) http://supct.law.cornell.edu/supct/index.html Supreme Court Decisions – USSC+ Online. Current Decisions http://www.usscplus.com/current/index.asp • Databases Articles may be found by accessing http://www.lonestar.edu/library, clicking on “Research Databases,” and accessing “POLITICAL SCIENCES.” Affirmative Action/EEO College CME/DMS dec update .

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Curriculum Vitae
CURRICULUM VITAE JEFFREY B. MORRIS 234 Forest Road Touro College Little Neck, NY 11363 Jacob D. Fuchsberg Law Center (718) 428-3507 225 Eastview Drive e-mail: [email protected] Central Islip, NY 11722 (631) 761-7135 [email protected] EDUCATION Ph.D. in Political Science, Columbia University 1972 J.D., School of Law, Columbia University 1965 B.A., Princeton University 1962 PROFESSIONAL TEACHING EXPERIENCE Professor of Law Touro College, Jacob D. Fuchsberg Law Center 1995-Present Associate Professor of Law, 1990-95 Touro College, Jacob D. Fuchsberg Law Center Visiting Associate Professor of Law, 1988-90 Brooklyn Law School Assistant Professor of Political Science, 1981-88 University of Pennsylvania Department of Political Science, 1968-74 The City College of the City University of New York (Lecturer, 1968-70; Instructor, 1970-72; Assistant Professor, 1972-74) Lecturer in Law, Baruch College, Summer 1967 City University of New York COURSES TAUGHT ABROAD, TOURO SUMMER PROGRAMS Israel Program – Comparative „Church-State‟ Law 2011 Germany Program – Comparative Constitutional Law 2004, 2005 India Program – Comparative Supreme Courts: U.S. and India 1999 ADJUNCT TEACHING Brooklyn Law School 2002 Honors College, Adelphi University 2004 HONORS Christian R. and Mary F. Lindback Award for Distinguished 1986 Teaching [for “teaching that is intellectually demanding, unusually coherent, and permanent in its effect”] at the University of Pennsylvania Selected as one of three Judicial Fellows in the United States 1976-77 JUDICIAL COMMITTEES AND CONFERENCES Member, Second Circuit Committee on Historical and 1995-2000 Commemorative Events Member, Judicial Conference of the District of Columbia Circuit 1990-92 ADDITIONAL PROFESSIONAL EXPERIENCE Research Associate to the Administrative Assistant 1976-81 to the Chief Justice of the United States Research and analysis for the Chief Justice of the United States, Warren E.
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Book Review: History of the Supreme Court of the United States: the Taney Period, 1836–1864 by Carl B
Nebraska Law Review Volume 54 | Issue 4 Article 6 1975 Book Review: History of the Supreme Court of the United States: The Taney Period, 1836–1864 by Carl B. Swishert James A. Lake Sr. University of Nebraska College of Law Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation James A. Lake Sr., Book Review: History of the Supreme Court of the United States: The Taney Period, 1836–1864 by Carl B. Swishert, 54 Neb. L. Rev. 756 (1975) Available at: https://digitalcommons.unl.edu/nlr/vol54/iss4/6 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Book Review History of the Supreme Court of the United States, The Taney Period,1836-1864-by Carl B. Swishert Reviewed by James A. Lake, Sr.* In 1955 Congress established a permanent committee to adminis- ter projects funded by a bequest from Justice Oliver Wendell Holmes.' The Act established as a first priority the preparation of "a history of the Supreme Court of the United States . ." by "one or more scholars of distinction ....-2 When completed that history will include twelve volumes, each covering a specific period of the Court's history. The volume being reviewed is the third vol- ume published. The first two volumes, published in 1971, covered respectively the years from the Court's beginning to 1801 and the years 1864-1888.
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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.
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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.
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Slavery and the Commerce Clause, 1837-1852 Kirk Scott
The Two-Edged Sword: Slavery and the Commerce Clause, 1837-1852 Kirk Scott Between 1837 and 1852, the Supreme Court under Chief Justice Roger B. Taney was severely divided over the scope of national authority to regulate interstate commerce. Although the Taney Court decided only one case that directly involved the question of slavery and interstate commerce (Groves v. Slaughter}, the purpose of this paper is to explore the Court's treatment of interstate commerce during this period and the influence of the growing slavery controversy on that treatment. The potential nationalizing power of the commerce clause--power that could restrict, prevent, or promote the interstate slave trade and transform slavery into a national, constitutional issue--was an important factor in the Taney Court's disjointed, divided treatment of interstate commerce during this period, when the issue of national authority was rendered politically dangerous by the slavery controversy. National uniformity through the congressional commerce power had the potential to both restrict and expand the "peculiar institution." The commerce clause may have been the most effective constitutional instrument the Court had for allocating power between the states and the nation.1 Three essential questions that arose over interstate commerce and slavery were: (1} Was federal authority exclusive? (2} Did commerce include transportation of persons? (3} Were slaves persons or property? The first two questions emerged in the Marshall-era commerce clause cases. The philosophy of commercial nationalism was victorious, if cau tious, during these years, but new conditions, political and physical, were to bring this nationalism into question in the years ahead.
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The Forging of Judicial Autonomy: Political Entrepreneurship and the Reforms of William Howard Taft
The Forging of Judicial Autonomy: Political Entrepreneurship and the Reforms of William Howard Taft Justin Crowe Princeton University In his first four years as Chief Justice of the United States, William Howard Taft convinced Congress to pass two reform bills that substantially enhanced the power of the federal courts, the Supreme Court, and the Chief Justice. In this article, I explore the causes and the consequences of those reforms. I detail how Taft’s political entrepreneurship— specifically the building of reputations, the cultivation of networks, and the pursuit of change through measured action—was instrumental in forging judicial autonomy and, subsequently, how that autonomy was employed to introduce judicial bureaucracy. By asking both how judicial reform was accomplished and what judicial reform accomplished, I offer an analytically grounded and historically rich account of the politics surrounding two of the most substantively important legislative actions relating to the federal judiciary in American history. In the process, I also draw attention to a largely neglected story of political development: the politics surrounding the building of the federal judiciary as an independent and autonomous institution of governance in American politics. “The spirit of speed and efficiency lurking in the corpulent powerful than they had previously been. Thus, it does form of an ex-President of the United States has entered the not seem an exaggeration to say that, in only nine years Court and broken up its old lethargy.” on the Court, Taft had surpassed even his own wish of —Herbert Little in The American Mercury (1928) “reasonable betterment by practical means” (Taft hen, after an extensive career in politics, 1916–17, 10).
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The Hughes Court Docket Books: the Late Terms, 1937–1940, 55 Am
Notre Dame Law School NDLScholarship Journal Articles Publications 2015 The uH ghes Court Docket Books: The Late Terms, 1937–1940 Barry Cushman Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Supreme Court of the United States Commons Recommended Citation Barry Cushman, The Hughes Court Docket Books: The Late Terms, 1937–1940, 55 Am. J. Legal Hist. 361 (2015). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1300 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. The Hughes Court Docket Books: The Late Terms, 1937-1940 by BARRY CUSHMAN* ABSTRACT For many years, the docket books kept by a number of the justices of the Hughes Court have been held by the Office of the Curator of the Supreme Court. Yet the existence of these docket books was not widely known, and access to them was highly restricted. Recently, however, the Court adopted new guidelines designed to increase access to the docket books for researchers. This article offers the first-ever examination of the available docket book entries relevant to what scholars commonly regard as the major decisions of rendered during the late years of the Hughes Court, from the 1937 through the 1940 Terms. The decisions examined concern the Commerce Clause, the dormant Commerce Clause, substantive due process, equal protection, the general law, anti- trust, labor relations, intergovernmental tax immunities, criminal procedure, civil rights, and civil liberties.
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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.
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The Road to Bush V. Gore: the History of the Supreme Court's Use of the Per Curiam Opinion, 79 Neb
Nebraska Law Review Volume 79 | Issue 3 Article 2 2000 The Road to Bush v. Gore: The iH story of the Supreme Court's Use of the Per Curiam Opinion Laura K. Ray Widener Law, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation Laura K. Ray, The Road to Bush v. Gore: The History of the Supreme Court's Use of the Per Curiam Opinion, 79 Neb. L. Rev. (2000) Available at: https://digitalcommons.unl.edu/nlr/vol79/iss3/2 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Laura Krugman Ray* The Road to Bush v. Gore:' The History of the Supreme Court's Use of the Per Curiam Opinion TABLE OF CONTENTS I. Introduction .......................................... 518 II. The History of the Per Curiam Opinion as a Form of Judicial Expression ................................... 521 A. The Background: An Instrument of Consensus ..... 521 B. The Transformation: The Decline of Consensus .... 524 III. The Per Curiam and the Idea of Individualism ........ 530 A. The Emergence of the Separate Voice .............. 530 B. The Pursuit of Consensus ..................... 533 IV. The Per Curiam as a Strategic Device ................. 536 A. Achieving Efficiency ............................... 537 B. Working by Indirection ............................ 538 C. Creating New Law ................................ 541 D. Using Procedure as a Screen ...................... 548 E. Disciplining Courts and Litigants .................. 549 V. The Per Curiam and Individual Expression ............ 550 A. The Minimalist Opinion and Efficiency: New York Times Co.
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The Supreme Court Opinion As Institutional Practice: Dissent, Legal Scholarship, and Decisionmaking in the Taft Court
The Supreme Court Opinion as Institutional Practice: Dissent, Legal Scholarship, and Decisionmaking in the Taft Court Robert Postt In 1921, when William Howard Taft became Chief Justice, the Supreme Court did not occupy the serene and imposing marble building that has since become its contemporary icon.1 Its courtroom was instead located in the old Senate Chamber, whose intimate, elegant surroundings echoed with the debates of Webster, Clay, and Calhoun.2 Its administrative staff and offices were scattered haphazardly and inefficiently throughout the Capitol.3 It was Taft who, with great skill and patience, t I am very grateful for the advice and insight of friends and colleagues. I would particularly like to thank Paul Carrington, Jesse Choper, Meir Dan- Cohen, Mel Eisenberg, Dan Farber, Phil Frickey, Barry Friedman, Howard Gillman, Jim Gordley, Morton Horowitz, Laura Kalman, Robert Kagan, Larry Kramer, David Lieberman, Sandy Levinson, David and Miranda McGowan, Paul Mishkin, William Nelson, Judith Resnik, Dan Rubinfeld, Reva Siegel, and Mark Tushnet. I am especially grateful for the stalwart and heroic efforts of Linda Lye, Cathy Shuck, and Sambhav Nott Sankar. Copyright 2001 by Robert Post. Many of the materials cited and quoted herein are archival and on file with the author. The Minnesota Law Review was thus unable to independ- ently verify this authority. Unless otherwise noted, figures are based on the independent research of the author or annual reports of the Attorney General of the United States. 1. Writing in 1984, Margaret P. Lord noted that to the Justices who first moved into the contemporary Supreme Court building in 1935, "the spaces were too huge, the corridors were too long and cold, the rooms too formal." Margaret P.
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The Constitution in the Supreme Court: Civil War and Reconstruction, 1865-1873 David P
The Constitution in the Supreme Court: Civil War and Reconstruction, 1865-1873 David P. Curriet The appointment of Salmon P. Chase as Chief Justice in De- cember 1864, like that of his predecessor in 1836, marked the be- ginning of a new epoch in the Court's history. Not only had the Civil War altered the legal landscape dramatically; Chase was to preside over an essentially new complement of Justices. Of those who had sat more than a few years with Chief Justice Roger Ta- ney, only Samuel Nelson and Robert Grier were to remain for a significant time. With them were six newcomers appointed be- tween 1858 and 1864, five of them by Abraham Lincoln and four of them Republicans: Nathan Clifford, Noah H. Swayne, Samuel F. Miller, David Davis, Stephen J. Field, and Chase himself. These eight Justices were to sit together through most of the period until Chase's death in 1873. Taney's longtime colleagues James M. Wayne and John Catron were gone by 1867; William Strong, Jo- seph P. Bradley, and Ward Hunt, appointed at the end of Chase's tenure, played relatively minor roles. The work of the Chase period was largely done by eight men.1 Chase was Chief Justice for less than nine years, but his ten- ure was a time of important constitutional decisions. Most of the significant cases fall into three categories. The best known cases, which serve as the subject of this article, involve a variety of ques- tions arising out of the Civil War itself. Less dramatic but of com- parable impact on future litigation and of comparable jurispruden- tial interest were a number of decisions determining the inhibitory effect of the commerce clause on state legislation.
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Supreme Court Stenographers and Law Clerks, 1910-1940
JOURNAL OF S UPREME C OURT H ISTORY Fountain Pens and Typewriters: Supreme Court Stenographers and Law Clerks, 1910-1940 CLARE CUSHMAN Until the law clerk function at the U.S. The “clerical” model, practiced by the Supreme Court became standardized in the majority of the Justices between 1886 and 1940s, wide variations in hiring, tenure, 1940, is characterized by the hiring of duties, and remuneration existed. Nonethe- students or graduates from local Washington less, historians have tended to divide the law schools to serve for multiple Terms. stafﬁng culture of the Fuller, White, Taft, and These clerks, often called “private secretar- Hughes Courts neatly into two clerkship ies” or “career stenographers,” have been models. One is the “modern” model, which is largely ignored by historians because they characterized by recruitment of clerks from performed dull clerical tasks for their Justices among the top students at elite national law and did not write memoirs touting their schools such as Harvard, Yale, and Columbia, experiences. Indeed, Justice David J. Brewer with the clerks given substantive legal dismissed the clerk function in 1905 as research duties, rotated after a year or two, “simply a typewriter, a fountain pen, used and then mentored into stellar careers. Horace by the judge to facilitate his work.”2 In 1914, Gray, Oliver Wendell Holmes, Jr., Louis D. a reporter noted that the Supreme Court Brandeis, Harlan Fiske Stone, William H. clerks’ purpose was simply “to relieve their Taft, Benjamin N. Cardozo and Charles superiors of much of the drudgery that is Evans Hughes practiced this model, which involved in conning over the briefs and gradually became the institutional norm.
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