DOCSLIB.ORG

The Antitrust Legacy of Justice William O. Douglas

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Antitrust Legacy of Justice William O. Douglas Cleveland State Law Review Volume 56 Issue 4 Article 5 2008 The Antitrust Legacy of Justice William O. Douglas C. Paul Rogers III Dedman School of Law, Southern Methodist University Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Antitrust and Trade Regulation Commons How does access to this work benefit ou?y Let us know! Recommended Citation C. Paul Rogers III, The Antitrust Legacy of Justice William O. Douglas, 56 Clev. St. L. Rev. 895 (2008) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol56/iss4/5 This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. THE ANTITRUST LEGACY OF JUSTICE WILLIAM 0. DOUGLAS C. PAUL ROGERS III' I. INTRODUCTION .................................................................... 895 II. BIOGRAPHICAL SKETCH ....................................................... 897 III. DOUGLAS AND LEGAL REALISM .......................................... 901 IV. PRICE FIXING ............................................ ··················· ........ 908 v. MONOPOLIZATION ............................................................... 924 VI. THE PATENT/ANTITRUST INTERSECTION ............................. 936 VII. RELEVANT MARKET ISSUES ................................................. 938 VIII. DIVESTITURE ....................................................................... 945 IX. MERGERS AND ACQUISITIONS .............................................. 948 X. BANK MERGERS ................................................................... 954 XI. POTENTIAL COMPETITION .................................................... 957 XII. VERTICAL RESTRAINTS ........................................................ 969 XIII. THE ROBINSON-PATMAN ACT ............................................. 979 XIV. ANTITRUST AND THE REGULATED ECONOMY ...................... 986 XV. LABOR AND ANTITRUST ....................................................... 995 XVI. CONCLUSION .... ················································· ................... 998 l. INTRODUCTION One cannot study the history of antitrust law without running headlong into the opinions of Associate Justice William 0. Douglas. In his thirty-six years on the Supreme Court, he authored thirty-five majority opinions and nearly as many dissenting or concurring opinions in cases involving antitrust questions or issues. It is quite probable that Justice Douglas authored more antitrust opinions, both for the majority and in dissent, than any Supreme Court justice in history. And since antitrust law is largely case law, it seems axiomatic that Douglas, one of the Court's leading liberals, must have had a significant influence on the development of antitrust law. The question remains, however. whether this influence was positive or negative and. given recent doctrinal changes, lasting. In teaching the antitrust course for thirty years, I have annually been surprised by the unevenness of the Douglas antitrust opinions. One, United States v. Socony- "Professor of Law and former Dean. Dedman School of Law. Southem Methodist University. B.A. 1970. J.D. 1973. University of Texas; LL.M. 1977, Columbia University. The author would like to express appreciation to Julie Patterson Forrester for her unwavering support of this project, as well as to a number of very able former research assistants including Mark Hanna, Catherine Bright. Jed Franklin, Lila Johnson. Patrick Hanchey, and Daniel Gomez. Special thanks also to the always professional and timely research support of Greg Ivy and Laura Justice of the Underwood Law Library and to the financial support of the Tucker Law Faculty Research Fund. 895 Published by EngagedScholarship@CSU, 2008 1 896 CLEVELAND STATE LAW REVIEW [Vol. 56:895 Vacuum Oil Co., 1 has stood the test of time and become a bedrock of antitrust law. Many more, however, are quite dated and, dare I suggest, result-oriented.2 Certainly Justice Douglas is thought of as one of the leading antitrust hawks of the Warren Court era, when the government or private plaintiff seemingly always prevailed.3 Antitrust law has evolved and changed dramatically over the thirty-three years since Douglas finally and most reluctantly retired from the Supreme Court. One can almost imagine the good justice's upset as more and more of his opinions are discarded or simply ignored by the present day Court. Justice Douglas' antitrust philosophy can be easily characterized. He firmly believed that "big is bad" and that the Sherman Act was designed to make illegal significant concentrations of economic power, no matter how attained. As a result, he has been characterized as an economic conservative in apparent contrast to his political liberalism.4 He believed in the expansive power of the federal government to regulate the economi and thought that the Sherman and Clayton Acts gave effect to that authority. There is also significant evidence that Douglas believed that a principal aim of antitrust was to protect the viability of small businesses, even at the expense of the consumer." Those ideals have arguably all been discarded by contemporary antitrust policy. Justice Douglas did have a lasting impact on antitrust law, however. He understood the havoc that competitor collaboration could wreak on a competitive 1Unitcd States v. Socony-Vacuum Oil Co .. 310 U.S. 150 (1940). 2 0thers have come to the same conclusion looking at Justice Douglas' opinions in other areas of the law. See, e.g., G. Edward White, The Anti-Judge: William 0. Douglas and the Ambiguities of Individuality, 74 VA. L. REV. 17, 46 (1988) (''The doctrinal dimensions of judging, for Douglas, were relatively insignificant; what counted were the results in cases and the political philosophies that those results signified."). See also Melvin I. Urofsky, William 0. Douglas as a Common Law Judge, 41 DUKE L.J. 133, 134 (1991); Robert J. McKeever, The Fall and Rise of' Judicial Activism in the United States: The Case of Justice William 0. Douglas, II J. OF LEGAL HIST. 437, 442-45 ( 1990). 3 See, e.g., United States v. Von's Grocery Co., 384 U.S. 270, 301 (1966) (Stewart, J., dissenting) ("The sole consistency that I can tind is that in litigation under [Section] 7, the [g]overnment always wins."). See also United States v. Grinnell Corp., 384 U.S. 563, 585 ( 1966) (Fortas, J., dissenting). 4 See Alden Whitman. William 0. Douglas is Dead at 81: Served 36 Years on Supreme Court, N.Y. TIMES, Jan. 20, 1980, at I. 28. 5 This was in stark contrast to his "vittually uncompromising stand in behalf of protection for civil liberties against usurpations by federal and state governments ...." G. EDWARD WHITE, THE AMERICAN JUDICIAL TRADITION: PROFILES OF LEADING AMERICAN JUDGES 246 (1976). "See. e.g., Standard Oil Co. of Cal. v. United States, 337 U.S. 293, 320-21 (1949) (Douglas, J., dissenting) ("[W]c can expect that the oil companies will move in to supplant [independent stations] with their own stations. There will still be competition between the oil companies. But there will be a tragic loss to the nation. The small, independent business man will be supplanted by clerks."). https://engagedscholarship.csuohio.edu/clevstlrev/vol56/iss4/5 2 20081 THE ANTITRUST LEGACY OF JUSTICE WILLIAM 0. DOUGLAS 897 economy, even if he did sometimes take that notion too far. 7 He was a staunch advocate of the so-called "price mechanism," believing that the free and open market should determine output and price. He authored the seminal opinion on the issue8 shortly after taking his seat on the Supreme Court and never wavered from the idea that any collective interference with the setting of price was illegal. With this background, this Article will attempt to further define and refine Justice Douglas' antitrust philosophy by examining his written opinions and writings. It will then attempt to measure that philosophy's effect on the Supreme Court during his tenure and its contemporary impact in the context of the rapidly shifting antitrust doctrine of the last thirty years or so. II. BIOGRAPHICAL SKETCH William 0. Douglas was appointed to the Supreme Court from the chairmanship of the Securities Exchange Commission in 1939 by President Franklin Delano Roosevelt. He was, at forty years of age, the second youngest person ever appointed to our highest court. 9 He would become the longest serving justice upon his retirement in 197 5. Raised in very humble circumstances in Yakima, Washington, he lost his father at the age of six. He then contracted polio before working his way through Whitman College in nearby Walia Walia by holding three jobs so he could send money home. He headed east for law school at Columbia virtually penniless where, after working his way through law school, he claimed, to his chagrin, to have graduated only number two in his class. 10 He was bitterly disappointed when Supreme Court Justice Harlan F. Stone, who each year selected a Columbia law graduate as his law clerk, picked the person who had finished first in the class, AI McCormack. 11 While in law school he worked as a research assistant for Professor Underhill Moore who had been commissioned to write a treatise by the trade association for the cement industries, one of many trade associations under antitrust attack by the 7 See, e.g., United States v. Container Corp. of Am., 393 U.S. 333, 338 n.4
Load more

Recommended publications
  • Hugo Lafayette Black and John Harlan - Two Faces of Constitutional Law with Some Notes on Teaching of Thayer's Subject
    Louisiana State University Law Center LSU Law Digital Commons Journal Articles Faculty Scholarship 1982 Hugo Lafayette Black and John Harlan - Two Faces of Constitutional Law With Some Notes on Teaching of Thayer's Subject O. W. Wollensak Paul R. Baier Louisiana State University Law Center, [email protected] Follow this and additional works at: https://digitalcommons.law.lsu.edu/faculty_scholarship Part of the Law Commons Repository Citation Wollensak, O. W. and Baier, Paul R., "Hugo Lafayette Black and John Harlan - Two Faces of Constitutional Law With Some Notes on Teaching of Thayer's Subject" (1982). Journal Articles. 372. https://digitalcommons.law.lsu.edu/faculty_scholarship/372 This Article is brought to you for free and open access by the Faculty Scholarship at LSU Law Digital Commons. It has been accepted for inclusion in Journal Articles by an authorized administrator of LSU Law Digital Commons. For more information, please contact [email protected]. HUGO LAFAYETTE BLACK AND JOHN MARSHALL HARLAN: TWO FACES OF CONSTITUTIONAL LAW-WITH SOME NOTES ON THE TEACHING OF THAYER'S SUBJECT Bv 0. W. WoLLENSAK* I. It was a great surprise last semester when Supreme Court Justices Hugo Black and John Marshall Harlan visited the LSU Law Center for what turned out to be a heated dialogue on color video tape. The program was hosted by LSU's media mastermind, Professor Paul Baier,** who apparently has given up suing hospitals, see Baier v. Woman's Hospital, 1 and turned to producing television shows, his latest entitled "Hugo Lafayette Black and John Marshall Harlan: Two Faces of Constitutional Law."2 Professor Baier believes that constitutional law includes • Editor's note: Professor Baier is following Karl Llewellyn in using a pseudo­ nym.
    [Show full text]
  • Two Cheers for Judicial Restraint: Justice White and the Role of the Supreme Court Justice White and the Exercise of Judicial Power
    University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2003 Two Cheers for Judicial Restraint: Justice White and the Role of the Supreme Court Justice White and the Exercise of Judicial Power Dennis J. Hutchinson Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Dennis J. Hutchinson, "Two Cheers for Judicial Restraint: Justice White and the Role of the Supreme Court Justice White and the Exercise of Judicial Power," 74 University of Colorado Law Review 1409 (2003). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. TWO CHEERS FOR JUDICIAL RESTRAINT: JUSTICE WHITE AND THE ROLE OF THE SUPREME COURT DENNIS J. HUTCHINSON* The death of a Supreme Court Justice prompts an account- ing of his legacy. Although Byron R. White was both widely admired and deeply reviled during his thirty-one-year career on the Supreme Court of the United States, his death almost a year ago inspired a remarkable reconciliation among many of his critics, and many sounded an identical theme: Justice White was a model of judicial restraint-the judge who knew his place in the constitutional scheme of things, a jurist who fa- cilitated, and was reluctant to override, the policy judgments made by democratically accountable branches of government. The editorial page of the Washington Post, a frequent critic during his lifetime, made peace post-mortem and celebrated his vision of judicial restraint.' Stuart Taylor, another frequent critic, celebrated White as the "last true believer in judicial re- straint."2 Judge David M.
    [Show full text]
  • Constitutional Avoidance and the Roberts Court Neal Devins William & Mary Law School, [email protected]
    College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2007 Constitutional Avoidance and the Roberts Court Neal Devins William & Mary Law School, [email protected] Repository Citation Devins, Neal, "Constitutional Avoidance and the Roberts Court" (2007). Faculty Publications. 346. https://scholarship.law.wm.edu/facpubs/346 Copyright c 2007 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs CONSTITUTIONAL A VOIDANCE AND THE ROBERTS COURT Neal Devins • This essay will extend Phil Frickey's argument about the Warren Court's constitutional avoidance to the Roberts Court. My concern is whether the conditions which supported constitutional avoidance by the Warren Court support constitutional avoidance by today's Court. For reasons I will soon detail, the Roberts Court faces a far different Congress than the Warren Court and, as such, need not make extensive use of constitutional avoidance. In Getting from Joe to Gene (McCarthy), Phil Frickey argues that the Warren Court avoided serious conflict with Congress in the late 1950s by exercising subconstitutional avoidance. 1 In other words, the Court sought to avoid congressional backlash by refraining from declaring statutes unconstitutional. Instead, the Court sought to invalidate statutes or congressional actions based on technicalities. If Congress disagreed with the results reached by the Court, lawmakers could have taken legislative action to remedy the problem. This practice allowed the Court to maintain an opening through which it could backtrack and decide similar cases differently without reversing a constitutional decision. In understanding the relevance of Frickey's argument to today's Court, it is useful to compare Court-Congress relations during the Warren Court of the late 1950s to those during the final years of the Rehnquist Court.
    [Show full text]
  • 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).
    [Show full text]
  • Justice Sherman Minton and the Protection of Minority Rights, 34 Wash
    Washington and Lee Law Review Volume 34 | Issue 1 Article 6 Winter 1-1-1977 Justice Sherman Minton And The rP otection Of Minority Rights David N. Atkinson Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Civil Rights and Discrimination Commons Recommended Citation David N. Atkinson, Justice Sherman Minton And The Protection Of Minority Rights, 34 Wash. & Lee L. Rev. 97 (1977), https://scholarlycommons.law.wlu.edu/wlulr/vol34/iss1/6 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. JUSTICE SHERMAN MINTON AND THE PROTECTION OF MINORITY RIGHTS* DAVID N. ATKINSON** Discrimination in education, in housing, and in employment brought cases before the Vinson Court which were often resolved by a nearly unanimous vote, but they frequently raised constitutional and institutional dilemmas of agonizing dimensions. A fundamental commitment of the Court at this time was accurately reflected by Justice Jackson's off-the-Court admonition to his colleagues on the inadvisability of seizing "the initiative in shaping the policy of the law, either by constitutional interpretation or by statutory construc- tion."' There were strong voices within the Vinson Court which held rigorously to Justice Holmes' dictum that "judges do and must legis- late, but they can do so only interstitially; they are confined from molar to molecular motions." Institutional caution, theoretically at * This is the fifth and final of a series of articles written by Professor Atkinson dealing with the Supreme Court career of Justice Sherman Minton.
    [Show full text]
  • The Warren Court and the Pursuit of Justice, 50 Wash
    Washington and Lee Law Review Volume 50 | Issue 1 Article 4 Winter 1-1-1993 The aW rren Court And The Pursuit Of Justice Morton J. Horwitz Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Constitutional Law Commons Recommended Citation Morton J. Horwitz, The Warren Court And The Pursuit Of Justice, 50 Wash. & Lee L. Rev. 5 (1993), https://scholarlycommons.law.wlu.edu/wlulr/vol50/iss1/4 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. THE WARREN COURT AND THE PURSUIT OF JUSTICE MORTON J. HoRwiTz* From 1953, when Earl Warren became Chief Justice, to 1969, when Earl Warren stepped down as Chief Justice, a constitutional revolution occurred. Constitutional revolutions are rare in American history. Indeed, the only constitutional revolution prior to the Warren Court was the New Deal Revolution of 1937, which fundamentally altered the relationship between the federal government and the states and between the government and the economy. Prior to 1937, there had been great continuity in American constitutional history. The first sharp break occurred in 1937 with the New Deal Court. The second sharp break took place between 1953 and 1969 with the Warren Court. Whether we will experience a comparable turn after 1969 remains to be seen.
    [Show full text]
  • 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.
    [Show full text]
  • AP Government: Due Process & Roe V. Wade
    Social Studies Virtual Learning AP Government: Due Process & Roe v. Wade April 13, 2020 AP Government Lesson: April 13, 2020 Objective: LOR 3.B Explain the extent which states are limited by the due process clause from infringing upon individual rights. Warm Up: Write down your answer the following question. There are no right or wrongs here, but this is the focus of the lesson today! What is the right to privacy? What are 3 aspects of everyday life that it includes? Lesson: Roe v. Wade As this is a required case for the test, there are some ideas that are important to remember. Please write these down in your own words so you know what they are. Term Definition Due process The 14th Amendment clause guaranteeing that no state clause shall “deprive any person of life, liberty, or property, without due process of law.” The Supreme Court has interpreted the due process clause to provide for “selective incorporation” of amendments into the states, meaning that neither the states nor the federal government may abridge individual rights protected by the Constitution. Term Definition “Penumbra Derived from the Latin for “partial shadow.” The Supreme of privacy” Court has ruled that several amendments in the Bill of Rights cast a “penumbra” of the right to privacy, although the right to privacy itself is never explicitly named. For example, the Court has interpreted that the 4th Amendment right of the people to be secure in their houses from unreasonable searches and seizures implies a right to privacy in the home. Right to The right to be “left alone,” or to be free of government privacy scrutiny into one’s private beliefs and behavior.
    [Show full text]
  • 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.
    [Show full text]
  • Earl Warren: a Political Biography, by Leo Katcher; Warren: the Man, the Court, the Era, by John Weaver
    Indiana Law Journal Volume 43 Issue 3 Article 14 Spring 1968 Earl Warren: A Political Biography, by Leo Katcher; Warren: The Man, The Court, The Era, by John Weaver William F. Swindler College of William and Mary Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Judges Commons, and the Legal Biography Commons Recommended Citation Swindler, William F. (1968) "Earl Warren: A Political Biography, by Leo Katcher; Warren: The Man, The Court, The Era, by John Weaver," Indiana Law Journal: Vol. 43 : Iss. 3 , Article 14. Available at: https://www.repository.law.indiana.edu/ilj/vol43/iss3/14 This Book Review is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. BOOK REVIEWS EARL WARREN: A POLITICAL BIOGRAPHY. By Leo Katcher. New York: McGraw-Hill, 1967. Pp. i, 502. $8.50. WARREN: THEi MAN, THE COURT, THE ERA. By John D. Weaver. Boston: Little. Brown & Co., 1967. Pp. 406. $7.95. Anyone interested in collecting a bookshelf of serious reading on the various Chief Justices of the United States is struck at the outset by the relative paucity of materials available. Among the studies of the Chief Justices of the twentieth century there is King's Melville Weston, Fuller,' which, while not definitive, is reliable and adequate enough to have merited reprinting in the excellent paperback series being edited by Professor Philip Kurland of the University of Chicago.
    [Show full text]
  • The Supreme Court of the United States
    The Supreme Court of the United States Hearings and Reports on the Successful and Unsuccessful Nominations Now Includes the Kavanaugh and Preliminary Barrett Volumes! This online set contains all existing Senate documents for 1916 to date, as a result of the hearings and subsequent hearings on Supreme Court nominations� Included in the volumes are hearings never before made public! The series began with three volumes devoted to the controversial confirmation of Louis Brandeis, the first nominee subject to public hearings. The most recent complete volumes cover Justice Kavanaugh. After two years, the Judiciary Committee had finally released Kavanaugh’s nomination hearings, so we’ve been able to complete the online volumes� The material generated by Kavanaugh’s nomination was so voluminous that it takes up 8 volumes� The definitive documentary history of the nominations and confirmation process, this ongoing series covers both successful and unsuccessful nominations� As a measure of its importance, it is now consulted by staff of the Senate Judiciary Committee as nominees are considered� Check your holdings and complete your print set! Volume 27 (1 volume) 2021 Amy Coney Barrett �����������������������������������������������������������������������������������������Online Only Volume 26 (8 volumes) - 2021 Brett Kavanaugh ���������������������������������������������������������������������������������������������Online Only Volume 25 (2 books) - 2018 Neil M� Gorsuch ����������������������������������������������������������������������������������������������������$380�00
    [Show full text]
  • The Department of Justice and the Limits of the New Deal State, 1933-1945
    THE DEPARTMENT OF JUSTICE AND THE LIMITS OF THE NEW DEAL STATE, 1933-1945 A DISSERTATION SUBMITTED TO THE DEPARTMENT OF HISTORY AND THE COMMITTEE ON GRADUATE STUDIES OF STANFORD UNIVERSITY IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY Maria Ponomarenko December 2010 © 2011 by Maria Ponomarenko. All Rights Reserved. Re-distributed by Stanford University under license with the author. This work is licensed under a Creative Commons Attribution- Noncommercial 3.0 United States License. http://creativecommons.org/licenses/by-nc/3.0/us/ This dissertation is online at: http://purl.stanford.edu/ms252by4094 ii I certify that I have read this dissertation and that, in my opinion, it is fully adequate in scope and quality as a dissertation for the degree of Doctor of Philosophy. David Kennedy, Primary Adviser I certify that I have read this dissertation and that, in my opinion, it is fully adequate in scope and quality as a dissertation for the degree of Doctor of Philosophy. Richard White, Co-Adviser I certify that I have read this dissertation and that, in my opinion, it is fully adequate in scope and quality as a dissertation for the degree of Doctor of Philosophy. Mariano-Florentino Cuellar Approved for the Stanford University Committee on Graduate Studies. Patricia J. Gumport, Vice Provost Graduate Education This signature page was generated electronically upon submission of this dissertation in electronic format. An original signed hard copy of the signature page is on file in University Archives. iii Acknowledgements My principal thanks go to my adviser, David M.
    [Show full text]