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Edward Douglas White: Frame for a Portrait Paul R
Louisiana Law Review Volume 43 | Number 4 Symposium: Maritime Personal Injury March 1983 Edward Douglas White: Frame for a Portrait Paul R. Baier Louisiana State University Law Center Repository Citation Paul R. Baier, Edward Douglas White: Frame for a Portrait, 43 La. L. Rev. (1983) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol43/iss4/8 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. V ( TI DEDICATION OF PORTRAIT EDWARD DOUGLASS WHITE: FRAME FOR A PORTRAIT* Oration at the unveiling of the Rosenthal portrait of E. D. White, before the Louisiana Supreme Court, October 29, 1982. Paul R. Baier** Royal Street fluttered with flags, we are told, when they unveiled the statue of Edward Douglass White, in the heart of old New Orleans, in 1926. Confederate Veterans, still wearing the gray of '61, stood about the scaffolding. Above them rose Mr. Baker's great bronze statue of E. D. White, heroic in size, draped in the national flag. Somewhere in the crowd a band played old Southern airs, soft and sweet in the April sunshine. It was an impressive occasion, reported The Times-Picayune1 notable because so many venerable men and women had gathered to pay tribute to a man whose career brings honor to Louisiana and to the nation. Fifty years separate us from that occasion, sixty from White's death. -
Remarks of the Chief Justice: My Life in the Law Series
REHNQUIST IN FINAL READ.DOC 07/31/03 2:14 PM Lecture REMARKS OF THE CHIEF JUSTICE: MY LIFE IN THE LAW SERIES WILLIAM H. REHNQUIST† INTRODUCTION This afternoon I shall speak about my predecessors as Chief Jus- tice, except for Chief Justice Warren Burger, with whom I served. I am the sixteenth Chief Justice, and certainly one noteworthy fact is that in the 213 years of our country’s existence, while there have been forty-three Presidents, there have been only sixteen Chief Justices. I am going to go in chronological order, starting with John Jay, who was the first Chief Justice, and ending with the fourteenth Chief Jus- tice, Earl Warren. But I shall pass quickly over the first three who held this office, because they really had little or no influence on the institution, and they sat at a time when the Supreme Court was far different from what it is today. During the first ten years of its exis- tence, the Court decided only a total of sixty cases—that is not sixty cases per year, but six cases per year. There was so little business that the Justices sat in Washington for only a few weeks during February and early March, spending the rest of their time riding circuit as trial judges. It was only with the arrival of John Marshall, the fourth Chief Justice, that the Court acquired its co-equal status—along with Con- gress and the President—in our tripartite system of federal govern- ment. Copyright © 2003 by William H. Rehnquist. † Chief Justice of the United States. -
The Supreme Court and Superman
THE SUPREME COURT AND SUPERMAN THE JUSTICES AND THE FAMOUS PEOPLE IN THEIR FAMILY TREES Stephen R. McAllister† HILE EXAMINING a photograph of the 1911 U.S. Supreme Court, I spotted Joseph Rucker Lamar, but was initially confused because I thought Justice Lamar served on the Court in the nineteenth century. I quickly discovered that Joseph was the cousin (distant, it turns out) of an earlier Justice, Lu- W 1 cius Quintus Cincinnatus Lamar II. I was aware of two other family rela- tionships between Justices who served on the Court: John Marshall Harlan and his grandson, John Marshall Harlan II, and Stephen Johnson Field and his nephew, David Josiah Brewer,2 with the service of only Field and Brewer overlapping.3 † Stephen McAllister is United States Attorney for the District of Kansas, and on leave of absence from the University of Kansas where he is the E.S. & Tom W. Hampton Distinguished Professor of Law. 1 His namesake presumably is Lucius Quinctius Cincinnatus, the Roman farmer-statesman who legend holds was appointed dictator and left his farm in 458 B.C. to defend Rome against an attacking army, quickly defeated the enemy, and then immediately gave up his power and returned to his farm. 2 The Kansas Justice, David Josiah Brewer, 19 Green Bag 2d 37 (2015). 3 A particularly observant reader of the chart that accompanies this article, or a knowl- edgeable student of Supreme Court history, might wonder whether some other Justices 21 GREEN BAG 2D 219 Stephen R. McAllister Justice John Marshall Harlan, left (1833-1911) and right (1899-1971). -
The Religion of the Justice: Does It Affect Constitutional Decision Making
Tulsa Law Review Volume 42 Issue 3 Supreme Court Review Spring 2007 The Religion of the Justice: Does It Affect Constitutional Decision Making John T. Noonan Jr. Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation John T. Noonan Jr., The Religion of the Justice: Does It Affect Constitutional Decision Making, 42 Tulsa L. Rev. 761 (2013). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol42/iss3/11 This Article is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. Noonan: The Religion of the Justice: Does It Affect Constitutional Decisi REMARKS THE RELIGION OF THE JUSTICE: DOES IT AFFECT CONSTITUTIONAL DECISION MAKING? John T. Noonan, Jr.* "[N]o religious test shall ever be required as a qualification to any office or public trust under the United States."1 Here, in the body of the Constitution, antedating the First Amendment, is the first commitment of our country to religious freedom in the sense of the eligibility of every citizen, whatever his or her religion, to be appointed to federal office. At a time when religious tests were still employed by states such as Massachusetts and New Hampshire to limit state office to Protestants, this provision was a bold and sweeping challenge to religious bigotry. In its light, should we ever be concerned about the religion of a judge? Human nature being what it is, there cannot help being some inquiry as to the impact of religion on a judge's decisions. -
The Celebration Bicentennial Louisiana Supreme Court
The Celebration of the Bicentennial of the Louisiana Supreme Court Ceremonies The Louisiana Supreme Court celebrated its 200th anniversary on March 1, 2013. As a special session of court, the Louisiana Supreme Court justices presided over the Bicentennial ceremony, which commemorated the Court’s two centuries of legal heritage. The ceremony took place at the Louisiana Supreme Court’s courtroom at 400 Royal Street in New Orleans. The event was free and open to the public, with the option of one hour of CLE accreditation for Louisiana attorneys. Justice Greg G. Guidry chaired the Court’s Bicentennial Committee, which was in charge of planning the ceremony. Louisiana Lieutenant Governor Jay Dardenne was the master of ceremonies. After Lieutenant Governor Dardenne’s opening address, the Washington Artillery presented the colors, which was followed by the Pledge of Allegiance, led by Donna D. Fraiche, President of the Supreme Court of Louisiana Historical Society. Bishop Shelton J. Fabre gave the invocation, and Chief Justice Bernette J. Johnson delivered welcoming remarks to the attendees. Four speakers discussed various aspects of the Court’s history, including A Walk Through the Streets of New Orleans at the Time of the Court’s Foundation, by Tulane Professor Richard Campanella; The Civilian Aspects of Louisiana Law, by LSU Law Professor John Randall Trahan; The Role of the Louisiana Supreme Court in the Early Civil Rights Movement, by UNO Emeritus Professor Raphael Cassimere, Jr.; and The History of the Louisiana Supreme Court, by UNO Emeritus Distinguished Professor of History and Bicentennial Court Historian Warren M. Billings. Students from the International High School of New Orleans took the stage following the speakers to present a short, trilingual play entitled An Uncommon Birth: Shaping Louisiana’s Legal Tradition for Statehood. -
The Waite Court at the Bar of History
Denver Law Review Volume 81 Issue 2 Article 8 December 2020 The Waite Court at the Bar of History Donald Grier Stephenson Jr. Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Donald Grier Stephenson, The Waite Court at the Bar of History, 81 Denv. U. L. Rev. 449 (2003). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. THE WAITE COURT AT THE BAR OF HISTORY DONALD GRIER STEPHENSON, JR.t INTRODUCTION "I have at last finished the opinion," Chief Justice Waite wrote to Bancroft Davis, the Court's Reporter of Decisions, on March 5, 1888. One suspects that Waite audibly exhaled as he penned that sentence.2 His reference was to the Telephone Cases,3 arguably the most significant patent litigation in the late nineteenth century, at least in terms of its ef- fects on the development of the telecommunications industry in the United States. Waite had been at work on his opinion for months, and understandably so. 4 Arguments in the cases had been heard over twelve days in January and February 1887. 5 The bench had split four to three over these eight challenges in circuit courts to Alexander Graham Bell's 1876 patent for the telephone. 6 A description of each of the patent dis- putes, Waite's opinion sustaining the patent, and Justice Bradley's much shorter dissent, all consumed more than five hundred pages-the entirety of volume 126 of the United States Reports.7 Waite's effort had been a burden, even for a Chief Justice accustomed to overwork. -
Chief Justice Edward Douglass White and the Birth of the Rule of Reason
FEATURES Antitrust, Vol. 24, No. 3, Summer 2010. © 2010 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. Court in 1894 just as the drama was beginning and whose ascen- dancy to Chief Justice presaged its successful culmination in the Court’s twin 1911 decisions in Standard Oil and American Tobacco, dissolving two of the country’s largest and most infa- mous trusts. Like John Sherman, Edward Douglass White was a most unlike- ly trustbuster. “Ned,” as he was known to family and friends, was born into a prominent family in antebellum Louisiana.4 His grand- father, James White, had moved from Pennsylvania to Louisiana shortly after the Revolutionary War, well before Louisiana became part of the United States in 1807. Devout Catholics, the Whites were quickly accepted into the circle of wealthy Creoles who dom- inated the territory both financially and politically. His father, the first Edward D. White, served one term as governor of Louisiana and five terms in the U.S. House of Representatives, before retir- TRUST BUSTERS ing in 1843 to assume active management of his sugar plantation in one of the most picturesque areas of Louisiana. “Ned” White was born in 1845, just two years before his Chief Justice father’s death, the youngest of five children. He was raised until the age of six on the plantation, when he left to begin his school- Edward Douglass White ing in New Orleans. -
Hail, No: Changing the Chief Justice
HAIL, NO: CHANGING THE CHIEF JUSTICE † EDWARD T. SWAINE Whatever his substantive accomplishments, the late William Rehnquist’s tenure as Chief Justice of the United States reinforced that office’s distinctive character. Prone to admonish advocates who addressed him merely as “Justice” Rehnquist,1 he designed spiffy new robes for himself—inspired, apparently, by the character of the Lord Chancellor in Iolanthe2—that were on display during the impeach- ment trial of President Clinton. This reflected, however idiosyncrati- cally, a widely shared understanding of the importance of the office and the glory of holding it. Life tenure is a key part of its appeal. Wil- liam Howard Taft famously preferred being Chief Justice to being President,3 and John Quincy Adams noted that while “the power of constructing the law is almost equivalent to the power of enacting it[, t]he office of Chief Justice of the Supreme Court is held for life, that of the President of the United States only for four, or at most for eight, years.”4 † Associate Professor of Legal Studies, The Wharton School, and Associate Profes- sor of Law, University of Pennsylvania Law School. 1 Tony Mauro, Rehnquist Is the Chief, LEGAL TIMES, Dec. 3, 1990, at 15 (noting that when an advocate addressed Rehnquist as “Justice Rehnquist” for a second time, “Rehnquist leaned forward to interrupt and, shaking his finger, reminded [him], ‘I am the chief justice.’”). Rehnquist reportedly went so far as to write a letter to the Court clerk, suggesting that lawyers be cautioned against that particular mistake. See Morning Edition: Relationship Among Supreme Court Justices, as Reflected in Justice Harry Blackmun’s Notes (NPR radio broadcast Mar. -
Changing the Chief Justice
GW Law Faculty Publications & Other Works Faculty Scholarship 2006 Hail, No: Changing the Chief Justice Edward T. Swaine George Washington University Law School, [email protected] Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation University of Pennsylvania Law Review, Vol. 154, No. 6, 2006 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. Hail, No: Changing the Chief Justice Edward T. Swaine† The trappings of (chief) justice may never have been so alluring. Chief Justice Rehnquist, approaching 20 years in that office, designed for himself spiffy new robes with gold striping – inspired, apparently, by the character of the Lord Chancellor in Iolanthe.1 He has admonished advocates who make the mistake of addressing him as “Justice” Rehnquist,2 and wrote a letter to caution lawyers against that particular mistake.3 Amid talk of Rehnquist’s retirement, media reports have speculated whether public appearances by one colleague, Justice Scalia, are actually part of a campaign to improve his chances of succeeding Rehnquist.4 All this reflects the importance of the office and the glory of holding it. The chief justice is the highest non-elected position mentioned in the U.S. Constitution, and probably the most important legal job in the land; unlike the Attorney General, who serves at the President’s pleasure (as abundantly demonstrated by President Nixon), the chief justice holds office during “good behavior.” Life tenure ramps up its appeal considerably. -
S P E E C H E S
S P E E C H E S BY PAUL R. BAIER. NEW ORLEANS : LOUISIANA BAR FOUNDATION 2014. S P E E C H E S BY PAUL R. BAIER. NEW ORLEANS: LOUISIANA BAR FOUNDATION 2014. Copyright, 2014, BY PAUL R. BAIER. NEW ORLEANS: LOUISIANA BAR FOUNDATION. THESE chance utterances of faith and doubt are printed for a few friends who will care to keep them. Oliver Wendell Holmes, Jr. SPEECHES, 1891. To the memory of Albert Tate, Jr. William V. Redmann Jimmy Gulotta with thanks to the Louisiana Bar Foundation. A WORD ON BEHALF OF THE LOUISIANA BAR FOUNDATION. by Judge Eldon E. Fallon. __________ The Louisiana Bar Foundation invited Professor Paul Baier to be its first Scholar-in-Residence some twenty-plus years ago. I was a member of the inviting committee of three. We waited on Paul in confidence at the Louisiana Bar Center on St. Charles Ave. in New Orleans. Judge Jimmy Gulotta and Marcel Garsaud joined me in putting the squeeze on Paul, whose first reaction was one of curiosity. “Must I move in with you?” “No, of course not.” So far so good. Next, Paul asked inquisitively, “What would you have me do as your scholar-in-residence?” Our committee really had no firm idea. The program was new. It was an experiment. We suggested arranging a few educational programs. Perhaps Paul could give some speeches during his two-year tenure, 1990-1992. I distinctly remember Paul’s acceptance of our offer. He quoted Holmes, something about shooting an arrow into the sky. He said he welcomed the company of the Bar—“real lawyers on Poydras Street”—beyond the “joy of the classroom.” He hugged Jimmy Gulotta. -
The Evolution of United States Supreme Court Jurisprudence Under the Leadership of Chief Justices Melville Fuller and Edward White from 1888 to 1911
Providence College DigitalCommons@Providence History & Classics Undergraduate Theses History & Classics Fall 2019 The Evolution of United States Supreme Court Jurisprudence under the Leadership of Chief Justices Melville Fuller and Edward White from 1888 to 1911 Christine Cromie Providence College Follow this and additional works at: https://digitalcommons.providence.edu/history_undergrad_theses Part of the History Commons Cromie, Christine, "The Evolution of United States Supreme Court Jurisprudence under the Leadership of Chief Justices Melville Fuller and Edward White from 1888 to 1911" (2019). History & Classics Undergraduate Theses. 34. https://digitalcommons.providence.edu/history_undergrad_theses/34 This Thesis is brought to you for free and open access by the History & Classics at DigitalCommons@Providence. It has been accepted for inclusion in History & Classics Undergraduate Theses by an authorized administrator of DigitalCommons@Providence. For more information, please contact [email protected]. The Evolution of United States Supreme Court Jurisprudence under the Leadership of Chief Justices Melville Fuller and Edward White from 1888 to 1911 By Christine Cromie HIS 490 History Honors Thesis Department of History and Classics Providence College Fall 2019 I am dedicating this thesis to my parents for their love, support, and guidance. TABLE OF CONTENTS INTRODUCTION……………………………………………… 1 CHAPTER 1. THE GILDED AGE AND THE PROGRESSIVE RESPONSE………………………………………………………. 5 CHAPTER 2. THE FULLER COURT…………………………... 19 Background of the United States Supreme Court………… 19 Profile of Melville Fuller ……………………………….. 22 Legacy of the Fuller Court………………………………. 28 Lochner v. New York Analysis and Impact……………… 32 Muller v. Oregon Analysis and Impact………………… 38 CHAPTER 3. THE WHITE COURT…………………………… 42 Profile of Edward White ………………………………. 42 Legacy of the White Court……………………………… 46 Standard Oil of New Jersey v. -
“Father Chief Justice”: Ed White and the Constitution
D-4 PROMOTING THE PAST TO ASSURE THE FUTURE: THE LURE OF LEGAL HISTORY “COURT REPORTS” A film historiography of the Supreme Court of the United States tracing the Court’s history from 1790 to 1953, in National Archives’s Universal Newsreels and music, featuring Justice Oliver Wendell Holmes, Jr., Louis D. Brandeis, Chief Justice Charles Evans Hughes, Albert Lévitt, Hugo Black, Earl Warren. “FATHER CHIEF JUSTICE”: E. D. WHITE AND THE CONSTITUTION, A Play by Paul R. Baier AMERICAN ASSOCIATION OF LAW LIBRARIES CENTENNIAL July 8-12, 2006 St. Louis, Missouri [T]he power for good of that ideal and undying personality, the Supreme Court of the United States.... So noble AFATHER CHIEF JUSTICE@ in conception and yet so simple in execution; so ordinary in its A PLAY incidents and yet so majestic as the servant of the whole people; by Paul R. Baier so weak and yet so strong, because founded upon the affection of all people and depending for its existence upon their continued support. BATON ROUGE LAW DAY RUN featuring Justice Harry T. Lemmon, Judge Mary Ann Vial Lemmon, BChief Justice Edward Douglass White, Chief Judge William V. Redmann, Hon. W. Fox McKeithen, Proceedings on the death of Mr. Justice Harlan, Mrs. Alvin B. Rubin, Judge Louis Phillips, Harry Rosenberg, 222 U.S. xxv-xxvi (1912). David Madden, Professor James West, Garland R. Rolling OLD STATE CAPITOL Saturday, April 29, 2000 7:00 P.M. For O.W. Holmes, Jr., and E.D. White, the blue and the gray as one C with a red rose for loved ones.