Bennett Boskey's Book, Some Joys of Lawyering
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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. -
Military Tribunals: the Quirin Precedent
Order Code RL31340 CRS Report for Congress Received through the CRS Web Military Tribunals: The Quirin Precedent March 26, 2002 Louis Fisher Senior Specialist in Separation of Powers Government and Finance Division Congressional Research Service The Library of Congress Military Tribunals: The Quirin Precedent Summary On November 13, 2001, President George W. Bush issued a military order to provide for the detention, treatment, and trial of those who assisted the terrorist attacks on the two World Trade Center buildings in New York City and the Pentagon on September 11. In creating a military commission (tribunal) to try the terrorists, President Bush modeled his tribunal in large part on a proclamation and military order issued by President Franklin D. Roosevelt in 1942, after the capture of eight German saboteurs. This report describes the procedures used by the World War II military tribunal to try the eight Germans, the habeas corpus petition to the Supreme Court, and the resulting convictions and executions. Why was the tribunal created, and why were its deliberations kept secret? How have scholars evaluated the Court’s decision in Ex parte Quirin (1942)? The decision was unanimous, but archival records reveal division and disagreement among the Justices. Also covered in this report is a second effort by Germany two years later to send saboteurs to the United States. The two men captured in this operation were tried by a military tribunal, but under conditions and procedures that substantially reduced the roles of the President and the Attorney General. Those changes resulted from disputes within the Administration, especially between the War Department and the Justice Department. -
Ex Parte Quirin", the Nazi Saboteur Case Andrew Kent
Vanderbilt Law Review Volume 66 | Issue 1 Article 3 1-2013 Judicial Review for Enemy Fighters: The ourC t's Fateful Turn in "Ex parte Quirin", the Nazi Saboteur Case Andrew Kent Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the International Law Commons Recommended Citation Andrew Kent, Judicial Review for Enemy Fighters: The ourC t's Fateful Turn in "Ex parte Quirin", the Nazi Saboteur Case, 66 Vanderbilt Law Review 150 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol66/iss1/3 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]. Judicial Review for Enemy Fighters: The Court's Fateful Turn in Exparte Quirin, the Nazi Saboteur Case Andrew Kent 66 Vand. L. Rev. 153 (2013) The last decade has seen intense disputes about whether alleged terrorists captured during the nontraditional post- 9/11 conflict with al Qaeda and affiliated groups may use habeas corpus to challenge their military detention or military trials. It is time to take a step back from 9/11 and begin to evaluate the enemy combatant legal regime on a broader, more systemic basis, and to understand its application to future conflicts. A leading precedent ripe for reconsideration is Ex parte Quirin, a World War II-era case in which the Supreme Court held that saboteurs admittedly employed by an enemy nation's military had a right to access civilian courts during wartime to challenge their trial before a military commission. -
Articles Recollections of West Virginia State Board of Education V. Barnette∗
BARNETTE FINAL 9/25/2007 11:11:19 AM ARTICLES RECOLLECTIONS OF WEST VIRGINIA STATE BOARD OF ∗ EDUCATION V. BARNETTE GREGORY L. PETERSON E. BARRETT PRETTYMAN, JR. SHAWN FRANCIS PETERS BENNETT BOSKEY GATHIE BARNETT EDMONDS MARIE BARNETT SNODGRASS JOHN Q. BARRETT WELCOMING REMARKS GREGORY L. PETERSON† Welcome. The Robert H. Jackson Center exists to preserve and advance the legacy of Justice Jackson through education, events, and exhibitry. Today’s special gathering, featuring the Barnett sisters and the attorney who served during 1943 as the senior law clerk to the Chief Justice of the United States, Harlan Fiske Stone, furthers that mission. During World War II, Gathie and Marie Barnett, along with their parents and other Jehovah’s Witnesses, challenged the constitutionality of compelling school children to pledge allegiance and salute the American flag. Their Supreme Court victory, West Virginia State Board of Education v. Barnette,1 is now a constitutional law landmark. It is a case in which Justice ∗ These proceedings, cosponsored by the Robert H. Jackson Center and the Supreme Court Historical Society, occurred at the Jackson Center in Jamestown, New York, on April 28, 2006. The following remarks were edited for publication. † Partner, Phillips Lytle LLP and Chair of the Board of Directors, Robert H. Jackson Center, Inc. 1 319 U.S. 624 (1943). During the litigation, courts misspelled the Barnett family surname as “Barnette.” 755 BARNETTE FINAL 9/25/2007 11:11:19 AM 756 ST. JOHN’S LAW REVIEW [Vol. 81:755 Jackson wrote for the Court one of his most eloquent and important opinions during his thirteen years as a Justice. -
Amicus Brief by Quirin Historians
No. 08-368 ================================================================ In The Supreme Court of the United States --------------------------------- ♦ --------------------------------- ALI SALEH KAHLAH AL-MARRI, Petitioner, v. DANIEL SPAGONE, United States Navy Commander, Consolidated Naval Brig, Respondent. --------------------------------- ♦ --------------------------------- On Writ Of Certiorari To The United States Court Of Appeals For The Fourth Circuit --------------------------------- ♦ --------------------------------- BRIEF OF HISTORIANS AND SCHOLARS OF EX PARTE QUIRIN AS AMICUS CURIAE IN SUPPORT OF PETITIONER --------------------------------- ♦ --------------------------------- JONATHAN M. FREIMAN KENNETH D. HEATH Of Counsel ALISON M. WEIR NATIONAL LITIGATION PROJECT WIGGIN AND DANA LLP OF THE ALLARD K. One Century Tower LOWENSTEIN CLINIC P.O. Box 1832 YALE LAW SCHOOL New Haven, CT 06508-1832 127 Wall Street (203) 498-4400 New Haven, CT 06511 (203) 498-4584 ================================================================ COCKLE LAW BRIEF PRINTING CO. (800) 225-6964 OR CALL COLLECT (402) 342-2831 i TABLE OF CONTENTS Page INTERESTS OF AMICI CURIAE ......................... 1 SUMMARY OF THE ARGUMENT ....................... 4 ARGUMENT........................................................... 5 I. The Historical Circumstances Surrounding Quirin........................................................... 5 A. Background: the covert invasion, cap- ture and military commission trial....... 5 B. The Legal Challenge: habeas petitions, -
A Festschrift in Honor of Seymour J. Rubin
American University International Law Review Volume 10 | Issue 4 Article 3 1995 A Festschrift in onorH of Seymour J. Rubin Claudio Grossman Tom Farer Andreas J. Jacovides Herman Schwartz Bennett Boskey See next page for additional authors Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Grossman, Claudio, et al. "A Festschrift in onorH of Seymour J. Rubin." American University International Law Review 10, no. 4 (1995): 1215-1274. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Authors Claudio Grossman, Tom Farer, Andreas J. Jacovides, Herman Schwartz, Bennett Boskey, William Diebold, and Christina M. Cerna This article is available in American University International Law Review: http://digitalcommons.wcl.american.edu/auilr/vol10/ iss4/3 SEYMOUR J. RUBIN FESTSCHRIFT IN HONOR OF SEYMOUR J. RUBIN Opening Remarks Claudio Grossman Dean, Washington College of Law at The American University It is my honor and pleasure to open this issue of The American Uni- versity Journal of International Law and Policy dedicated to Emeritus Professor of Law, Seymour J. Rubin. Professor Rubin has been a distin- guished member of the faculty and long-time friend of the Washington College of Law. It is very difficult to summarize the tremendous contributions Profes- sor Rubin has made to the field of international law and the Washington College of Law. -
Supreme Court Nomination - Letters to the President” of the Richard B
The original documents are located in Box 11, folder “Supreme Court Nomination - Letters to the President” of the Richard B. Cheney 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 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 11 of the Richard B. Cheney Files at the Gerald R. Ford Presidential Library .§n:prtlttt <!Jomt trf tltt ,-mtt.b- .§taftg Jfu£tittghtn. Jl. <!}. 2tl~'!~ CHAMBERS OF THE CHIEF .JUSTICE November 10, 1975 GONFiDEUTI:A:f::t Dear Mr. President: Against the possibility that a vacancy may occur on the Court there are certain factors, not always present when vacancies occur, that deserve consideration and I venture to submit them to you privately for such utility as they may have. (1) Rarely have the geographical factors been as neutral as at present. As you know, the two youngest Justices are from the West (White and Rehnquist); there are three from the Midwest (Burger, Stewart, Blackmun); one from a border state, Maryland (Marshall); one from the Northeast (Brennan); and one from the South (Powell). -
From E Bag Felix Frankfurter's “Soliloquy” in Ex Parte Quirin
v5n4.book Page 423 Friday, June 28, 2002 9:19 PM From e Bag Felix Frankfurter’s “Soliloquy” in Ex parte Quirin Nazi Sabotage Constitutional Conundrums G. Edward White ccasionally Supreme Court Justices Court ratiÕed President Franklin Roosevelt’s Õnd themselves confronted with cases decision to try eight Nazi-sponsored sabo- Othat present an awkward combination teurs, who had been arrested by the fbi in June of relatively novel constitutional issues, poten- of that year, before a specially constituted tially momentous short-run consequences, military commission rather than in the civilian and considerable pressure for a quick decision. courts. That commission had been created by Such cases – the Steel Seizure case, the Pentagon an executive order by Roosevelt on July 2. The Papers case, and Bush v. Gore are examples – are, order was accompanied by a Presidential on the whole, loathed by members of the proclamation that closed the civilian courts to Court, and the fact that they are entertained at all, given the Court’s largely discretionary all persons who are subjects, citizens or docket, signals that the justices involved have residents of any nation at war with the United concluded that their resolution amounts to a States or who give obedience to or act under the necessary response to a perceived domestic or direction of any such nation, and who during time of war enter the United States … and are international emergency. charged with committing or attempting or Ex parte Quirin, decided by the Court in preparing to commit sabotage … or violations 1942, was such a case. In Quirin the Supreme of the law of war.1 Te d White is University Professor, John Barbee Minor Professor of Law and History, and Sullivan Cromwell Research Professor at the University of Virginia. -
Quirin Revisited A
University of Cincinnati College of Law University of Cincinnati College of Law Scholarship and Publications Faculty Articles and Other Publications College of Law Faculty Scholarship 2003 Quirin Revisited A. Christopher Bryant University of Cincinnati College of Law, [email protected] Carl Tobias University of Richmond School of Law, [email protected] Follow this and additional works at: http://scholarship.law.uc.edu/fac_pubs Part of the Constitutional Law Commons Recommended Citation Bryant, A. Christopher and Tobias, Carl, "Quirin Revisited" (2003). Faculty Articles and Other Publications. Paper 72. http://scholarship.law.uc.edu/fac_pubs/72 This Article is brought to you for free and open access by the College of Law Faculty Scholarship at University of Cincinnati College of Law Scholarship and Publications. It has been accepted for inclusion in Faculty Articles and Other Publications by an authorized administrator of University of Cincinnati College of Law Scholarship and Publications. For more information, please contact [email protected]. QUIRIN REVISITED A. CHRISTOPHER BRYANT AND CARL TOBIAS* INTRODUCTION Six decades ago, the U.S. Supreme Court decided Ex parte Quirin,' in which the Justices determined that President Franklin Delano Roosevelt possessed the requisite constitutional authority to institute and use a military commission. That military commission contemporaneously tried, found guilty, and recommended sentences, which the Chief Executive promptly imposed on, eight Nazi saboteurs. Before the commission ruled, the Supreme Court rejected the defendants' petitions for writs of habeas corpus. On November 13, 2001, President George W. Bush promulgated an Executive Order (Bush Order) that authorized the establishment and application of military commissions as well as purported to eliminate whatever jurisdiction federal courts might have by statute and to deny federal court access to individuals prosecuted or detained for terrorism.2 The Bush administration substantially premised that the Order and jurisdiction-stripping proviso on Ex parte Quirin. -
Reflections on Teaching About Race and Gender
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2003 Learning from Conflict: Reflections oneaching T About Race and Gender Susan Sturm Columbia Law School, [email protected] Lani Guinier Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Law and Gender Commons, Law and Race Commons, and the Legal Education Commons Recommended Citation Susan Sturm & Lani Guinier, Learning from Conflict: Reflections oneaching T About Race and Gender, 53 J. LEGAL EDUC. 515 (2003). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1002 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Learning from Conflict: Reflections on Teaching About Race and Gender Susan Sturm and Lani Guinier Narrative Reflections' Lani Guinier's In 1992 1 had been teaching for four years at the University of Pennsylvania Law School. I taught voting rights and criminal procedure, subjects related to what I had done as a litigator. Preparing for class meant reading many of the same cases I had read preparing for trial. Some were even cases I had tried. Teaching offered me a fresh chance to read those cases with new interest. I could see the subtle linkages between cases that I had not previously noticed. From the distance of the academy, I observed the evolution of the doctrine without feeling overcome by the lawyer's instrumental urge to plumb each case for useful language or helpful analysis of an issue. -
The American Law Institute, 1923-1998 John P
Hofstra Law Review Volume 26 | Issue 3 Article 4 1998 The American Law Institute, 1923-1998 John P. Frank Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Frank, John P. (1998) "The American Law Institute, 1923-1998," Hofstra Law Review: Vol. 26: Iss. 3, Article 4. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol26/iss3/4 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Frank: The American Law Institute, 1923-1998 THE AMERICAN LAW INSTITUTE, 1923-1998 John P. Frank* I. IN THE BEGINNING In 1923, President Warren G. Harding died from pneumonia in San Francisco, Adolph Hitler staged his "Beer Hall Putsch," Colonel Jacob Schick patented the first electric razor, and author Felix Salton wrote Bambi. Also, The American Law Institute was incorporated on February 23rd. The incorporators were William Howard Taft, former President and then Chief Justice of the United States, and Charles Evans Hughes, past member of the Supreme Court and future Chief Justice. Elihu Root, Secre- tary of State under Theodore Roosevelt, became Honorary President of the Institute in 1923, serving in that limited capacity for fourteen years. George W. Wickersham, Attorney General in the Taft Administration, was President from 1923 to 1936; former Pennsylvania Senator George Wharton Pepper from 1936 to 1947; Harrison Tweed from 1947 to 1961; Norris Darrell from 1961 to 1976; R. -
Changing the Wind: Notes Toward a Demosprudence of Law and Social Movements Abstract
2740.GUINIER&TORRES.2804 6/17/2014 3:15 PM Lani Guinier & Gerald Torres Changing the Wind: Notes Toward a Demosprudence of Law and Social Movements abstract. This essay was influenced by a class on Law and Social Movements that Professors Guinier and Torres taught at the Yale Law School in 2011. This essay was also informed by numerous conversations with Bruce Ackerman regarding his book that is under review in this Symposium. While we are in fundamental agreement with Professor Ackerman’s project, as well as the claims he makes as to the new constitutional canon, we supplement his analysis with the overlooked impact of the lawmaking potential of social movements. In particular, we focus on those social movements that were critical to the legal changes that formed the core of Professor Ackerman’s book. The strong claim that we are making is that the social movements of the civil rights era were actually sources of law. The weaker claim is that these social movements deeply influenced the formal legal changes represented by the statutes and Supreme Court decisions that framed the constitutional moment so convincingly illustrated by Professor Ackerman. In order to make the stronger claim, we demonstrate how social movements made some legal conclusions not just more likely, but for all intents and purposes, inevitable. The way the Court interpreted existing racial justice jurisprudence and was responsive to the constitutional understanding represented by non-elite actors in the civil rights and social justice movements that had their high water mark in the 1950s and ’60s. authors. Gerald Torres recently joined the permanent faculty at the Cornell Law School, where he is currently the Marc and Beth Goldberg Distinguished Visiting Professor.