Abington School District V. Schempp 1 Ableman V. Booth 1 Abortion 2
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Reminiscences of the United States Supreme Court
YALE LAW JO URNAL. REMINISCENCES OF THE UNITED STATES SUPREME COURT. On motion of Reverdy Johnson, at one time Attorney-General and afterward Senator in Congress from Maryland, I was admitted to the bar of the Supreme Court in 1865. Salmon P. Chase was then Chief Justice, and the associates were James M. Wayne, Robert C. Grier, Noah H. Swayne, David Davis, Samuel Nelson, Nathan Clifford, Samuel F. Miller and Stephen J. Field. All of these, ex- cepting Justice Field,* are now dead. I was in Washington at the inauguration of Franklin Pierce in 1853 and attended some of the sessions of the Supreme Court at that time. That court then con- sisted of Roger B. Taney, Chief Justice; John McLean, James M. Wayne, John Catron, Peter V. Daniel, Samuel Nelson, Robert C. Grier, Benjamin R. Curtis and John A. Campbell, associates, none of whom are now living. I never saw Taney, Catron or Daniel afterward, and have no very distinct impressions as to Catron or Daniel, but Chief Justice Taney was a noticeable man and his ap- pearance is still daguerreotyped upon my memory. He was a tall, angular and exceedingly slim man. Apparently there was little or no flesh upon his bones and his face was deeply furrowed by the ravages of time. His eyes surmounted by shaggy eyebrows were deeply set under a remarkably low forehead. There was a rough and rugged distinctness about all his features. He was appointed Chief Justice in 1836 and died in office when he was 88 years old. He was 8o years of age when he delivered the opinion of the court in the celebrated Dred Scott case. -
The Debs Case: Labor, Capital, and the Federal Courts of the 1890S By
The Debs Case: Labor, Capital, and the Federal Courts of the 1890s by David Ray Papke, Professor of Law Marquette University Law School Revised by the Federal Judicial Center for inclusion in the project Federal Trials and Great Debates in United States History Federal Judicial Center Federal Judicial History Offi ce 2008 This Federal Judicial Center publication was undertaken in furtherance of the Centerʼs statutory mission to “conduct, coordinate, and encourage programs relating to the history of the judicial branch of the United States government.” The views expressed are those of the author and not necessarily those of the Federal Judicial Center. The Debs Case: Labor, Capital, and the Federal Courts of the 1890s Contents The Debs Case: A Short Narrative, 1 The town of Pullman, 1 A strike and boycott, 2 Management organizes, 3 Federal response, 4 A petition to the Supreme Court of the United States, 6 The Federal Courts and Their Jurisdiction, 9 U.S. Circuit Court for the Northern District of Illinois, 9 U.S. District Court for the Northern District of Illinois, 9 Supreme Court of the United States, 10 The Judicial Process: A Chronology, 11 Legal Questions Before the Courts, 13 Did the U.S. Circuit Court for the Northern District of Illinois have authority to issue an injunction against Eugene V. Debs and the offi cers of the American Railway Union? 13 Did the Sherman Anti-Trust Act of 1890 apply to labor unions as well as trusts and monopolies? 14 Did Eugene V. Debs and the other offi cers of the American Railway Union violate the injunction? 14 Did the U.S. -
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. -
2007-2008 Annual Review
School for Advanced Research on the Human Experience A GALAXY OF THOUGHT Annual Review 2007–2008 SCHOOL FOR ADVANCED RESEARCH ON THE HUMAN EXPERIENCE SANTA FE, NEW MEXICO ANNUAL REVIEW 2008 In Memory of Richard Canon 1940–2008 The School for Advanced Research gratefully acknowledges the very generous support of the Paloheimo Foundation for publication of this report. The Foundation’s grant honors the late Leonora Paloheimo and her mother, Leonora Curtin, who served on the Board of Managers of the School from 1933 to 1972. CONTENTS President’s Message: A Galaxy of Thought 4 Poet-in-Residence: Malena Mörling 34 A Constellation of Programs 6 The Poetics of the Human Experience 34 REFLECTION IMAGINATION Resident Scholar: Silvia Tomášková 8 Short Seminar: Women’s Empowerment for Health 36 SAR Press: The Chaco Experience 9 SAR Press: New Landscapes of Inequality 37 Visiting Research Associate: Monica L. Smith 10 SAR Press: The Gender of Globalization 38 Visiting Research Associate: James E. Snead 10 Advanced Seminar: Archaeology and Public Policy 39 SAR Press: The Hohokam Millennium 11 SAR Press: Opening Archaeology 40 Resident Scholar: Tiya Miles 12 Short Seminar: Archaeology and Sustainability 41 SAR Press: Small Worlds 13 Visiting Research Associate: Tutu Alicante: 41 The Pecos Conference 14 Michael S. Currier Environmental Service Short Seminar: Modernity and the Voice 14 Award Ceremony 42 SAR Press: Kenneth Chapman’s Santa Fe 15 Santa Fe Science Writers’ Workshop 42 SAR Press: Santa Fe: A History 16 SITE Santa Fe Biennial at SAR 43 SAR Prize Session in Dublin 17 Short Seminar: Indians and Energy 44 New Mexico Heritage Preservation Alliance Conference 17 PUBLIC OUTREACH AND EDUCATION ATTENTION Public Lectures: Humans in a Changing Landscape 46 J. -
Does Eliminating Life Tenure for Article Iii Judges Require a Constitutional Amendment?
DOW & MEHTA_03_15_21 (DO NOT DELETE) 3/17/2021 6:41 PM DOES ELIMINATING LIFE TENURE FOR ARTICLE III JUDGES REQUIRE A CONSTITUTIONAL AMENDMENT? DAVID R. DOW & SANAT MEHTA* ABSTRACT Beginning in the early 2000s, a number of legal academicians from across the political spectrum proposed eliminating life tenure for some or all Article III judges and replacing it with a term of years (or a set of renewable terms). These scholars were largely in agreement such a change could be accomplished only by a formal constitutional amendment of Article III. In this Article, Dow and Mehta agree with the desirability of doing away with life tenure but argue such a change can be accomplished by ordinary legislation, without the need for formal amendment. Drawing on both originalism and formalism, Dow and Mehta begin by observing that the constitutional text does not expressly provide for lifetime tenure; rather, it states that judges shall hold their office during good behavior. The good behavior criterion, however, was not intended to create judicial sinecures for 20 or 30 years, but instead aimed at safeguarding judicial independence from the political branches. By measuring both the length of judicial tenure among Supreme Court justices, as well as voting behavior on the Supreme Court, Dow and Mehta conclude that, in fact, life tenure has proven inconsistent with judicial independence. They maintain that the Framers’ objective of insuring judicial independence is best achieved by term limits for Supreme Court justices. Copyright © 2021 David R. Dow & Sanat Mehta. * David Dow is the Cullen Professor at the University of Houston Law Center; Sanat Mehta, who graduated magna cum laude from Rice University in 2020 with a degree in computer science and a minor in Politics, Law, and Social Thought, is a data analyst at American Airlines. -
Naval Affairs
.t .j f~Ji The New I American State Papers I ~ '* NAVAL AFFAIRS Volume 2 Diplomatic Activities Edited lJy K. Jack Bauer ~c:!:r~ourres Inc. I q8/ Leadership ofthe Navy Department 1798-1~61 Sea:etaries o/the NfZJJYl Benjamin Stoddert2 18 June 1798-31 March 1801 Robert Smith 27 July 1801-7 March 1809 Paul Hamilton 15 May 1809-31 December 1812 William Jones 19 January 1813-1 December 1814 Benjamin W. Crowninshield 16 January 1815-30 September 1818 Smith Thompson 1January 1819-31 August 1823 Samuel L. Southard 16 Septe~ber 1823-3 March 1829 John Branch 9 March 1829-.12 May 1831 Levi Woodbury 23 May 1831-30June 1834 Mahlon Dickerson 1July 1834-30June 1838 James K. Paulding 1July 1838-3 March 1841 George E. Badger 6 March 1841-11 September 1841 Abel P. Upshur 11 October 1841-23July 1843 David Henshaw 24 July 1843-18 February 1844 Thomas W. Gilmer 19 February 1844-28 February 1844 John Y. Mason 26 March 1844-10 March 1845 George Bancroft 11 March 1845-9 September 1846 John Y. Mason 10 September 1846-7. March 1849 William B. Preston 8 March 1849-23July 1850 William A. Graham 2 August 1850-25July 1852 John P. Kennedy 26 July 1852-7 March 1853 James C. 'Dobbin 8 March 1853-6 March 1857 Isaac Toucey 7 March 1857-6 March 1861 Board o/Naval Commissioners, 7 February 181'-)1 August 1842 Comm. John Rodgers3 25 April 1815-15 December 1824 Comm. Isaac Hull 25 April 1815-.30 November 1815 I Prior to 1798 naval affairs were administered by the War Department. -
G:\Trimble Families, July 22, 1997.Wpd
Trimble Families a Partial Listing of the Descendants of Some Colonial Families Revised Eugene Earl Trimble July 22, 1997 1 PREFACE This Trimble record deals primarily with the ancestral line of the writer and covers the period from the time of arrival of James Trimble (or Turnbull; born ca. 1705; died 1767) in America which may have been prior to March 11, 1734, until in most instances about 1850. Some few lines are, however, brought up to the present. The main purpose of this account is to present the earliest generations. With the census records from 1850 on, enumerating each individual, it is much easier to trace ancestors and descendants. Any one who has researched a family during the l700's knows how limited the available data are and how exceeding difficult the task is. One inevitably reaches the point where the search becomes more conjecture than fact, but man is an inquisitive creature and the lure of the unknown is irresistible. No attempt has been made to give all possible references. For this Trimble line and other Trimble lines the reader is referred to the 62 page manuscript on the Trimble Family by James Augustus LeConte (born Adairsville, Ga., July 19, 1870; died Atlanta, Ga., July 18, 1941) whose papers are at the University of Georgia at Athens; the Trimble Family research located in the Manuscript Department of The University of Virginia, by Kelley Walker Trimble (born Feb. 21, 1884; died Route l, Staunton, Va., after Feb. 12, 1955); the Trimble and related research and writings of Mrs. Jerome A. -
The Constitution in the Supreme Court: State and Congressional Powers, 1801-1835 David P
The University of Chicago Law Review Law__Review _VOLUME 49 NUMBER 4 FALL 1982 1982 by The University of Chicago The Constitution in the Supreme Court: State and Congressional Powers, 1801-1835 David P. Curriet This article is the third installment of an attempt to analyze and criticize the constitutional work of the Supreme Court in his- torical sequence, from the lawyer's point of view.' In the twelve years of its existence before the appointment of John Marshall as Chief Justice, the Supreme Court began to de- velop lasting principles of constitutional adjudication, but it de- cided few significant constitutional questions. In the first decade of Marshall's tenure, apart from Marbury v. Madison,2 the Court's constitutional docket consisted almost entirely of relatively minor matters respecting the powers of the federal courts. Although im- t Harry N. Wyatt Professor of Law, University of Chicago. I should like to thank my colleagues Frank Easterbrook, Richard Epstein, Richard Helmholz, Dennis Hutchinson, Stanton Krauss, Philip B. Kurland, Phil C. Neal, Rayman Solomon, and James B. White for their helpful comments and encouragement, and Locke Bowman and Paul Strella, Chicago class of 1982, for their valuable research assistance. I 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 Constitu- tion in the Supreme Court: The Powers of the Federal Courts, 1801-1835, 49 U. CH. L. REv. 646 (1982) [hereinafter cited as Currie, FederalCourts, 1801-1835]. These articles form the beginning of a study to be published in book form by The University of Chicago Press. -
Table of Contents
U.S. Court Cases Editor:Thomas Tandy Lewis, St. Cloud State Univ. August 2010 · 3 volumes · 1,346 pages · 6"x 9" ISBN: 978-1-58765-672-9 List Price: $225 e-ISBN: 978-1-58765-676-7 eBook Single User Price: $225 Table of Contents Volume 1 Contents Publisher’s Note Contributors U.S. Supreme Court Citation Numbers Law and the Courts Anglo-American Legal Systems Law Jurisprudence The U.S. Constitution The Bill of Rights Constitutional Law The U.S. Judicial System State and Local Courts The U.S. Supreme Court Judicial Review Due Process of Law Court Cases Abington School District v. Schempp Ableman v. Booth Abrams v. United States Adair v. United States Adamson v. California Adarand Constructors v. Peña Adderley v. Florida Adkins v. Children’s Hospital Afroyim v. Rusk Agostini v. Felton Akron v. Akron Center for Reproductive Health Albemarle Paper Co. v. Moody Albertson v. Subversive Activities Control Board Alcoa v. Federal Trade Commission Alexander v. Holmes County Board of Education Allegheny County v. American Civil Liberties Union Greater Pittsburgh Chapter Allgeyer v. Louisiana Alsager v. District Court American Booksellers Association, Inc. v. Hudnut American Communications Association v. Douds Antelope, The Aptheker v. Secretary of State Argersinger v. Hamlin Arizona v. Fulminante Arlington Heights v. Metropolitan Housing Development Corp. Ashcroft v. Free Speech Coalition Ashwander v. Tennessee Valley Authority Atkins v. Virginia Atwater v. City of Lago Vista Automobile Workers v. Johnson Controls Bailey v. Drexel Furniture Co. Baker v. Carr Baker v. Vermont Ballard v. United States Ballew v. Georgia Bank of Augusta v. -
Supreme Court of the United States Washington, D.C
Supreme Court of the United States Washington, D.C. Pointe-au-Pic, Canada, July 25, 1928. My dear George: I have your letter of July 3d, and am delighted to read it and to follow you and Mrs. Sutherland in your delightful journey through Italy. My wife’s sister, Miss Maria Herron, has done a great deal of traveling in Italy and elsewhere, and she says that you have marked out for yourselves one of the most delightful trips in the World. I have been through part of it myself, and therefore know enough to congratulate you. I sincerely hope that you find Cadenabbia just as good now as it was when you wrote the letter, and that you find that your rest is accomplishing the result that your doctor had in mind. Of course we are most anxious about the election of Hoover, and I am bound to say that I think the Republicans feel that the chances are strongly in favor of Hoover’s election, but I don’t know how wisely they judge. There are so many cross currents in the election that it is hard to calculate what their effect will be, but as the campaign opens, it is fairly clear that the farm question is entirely out of the picture. Even old Norris says that they can not have another party, and the consequence is that if Smith is going to win, he has got to do it with New York, New Jersey, Connecticut and Massachusetts, and by a retention of all the southern States. -
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. -
The Appointment of Hugo L. Black
The University of Chicago Law Review VOLUME 41 NUMBER 1FALL 1973 A Klansman Joins the Court: The Appointment of Hugo L. Black William E. Leuchtenburgj I. THE NOMINATION On August 12, 1937, Franklin Delano Roosevelt, rebounding from the worst setback of his long Presidency, took the first of a series of steps toward creating what historians would one day call "the Roose- velt Court." Galling defeat had come less than a month before when the Senate had killed his scheme to add a Justice to the Supreme Court for every member aged seventy or over who did not resign or retire. The original plan would have allowed the President to name as many as six new Justices, but after a bitter 168-day fight, the measure was buried, amid loud rejoicing from FDR's opponents. Roosevelt was not finished yet, however, for one legacy of the protracted struggle was the creation of a vacancy on the Supreme Court, and it was the President's prerogative to nominate a successor. The choice he finally made would trigger an acrimonious controversy and would have a momentous im- pact on the disposition of the Court. The vacancy resulted, at least indirectly, from Roosevelt's "Court- packing" plan. The President had advanced his bold proposal in February because he was frustrated by the performance of the Supreme Court, particularly the conservative "Four Horsemen"--Willis Van t De Witt Clinton Professor of History, Columbia University. This article is an expanded version of a paper presented as the second annual William Winslow Crosskey Lecture in Legal History at The University of Chicago Law School on February 28, 1973.