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History of Supreme Court Nominations History of Supreme Court Nominations Featuring: The History of Supreme Court Nominations collection brings together hundreds of articles, • Complete series of Supreme hearings, documents, and titles to create a Court of the U.S. Hearings historical database of some of the most influential and Reports on Successful and Supreme Court Justices to serve in the United Unsuccessful Nominations of States. Supreme Court Justices by the Senate Judiciary Committee History of Supreme Court Nominations focuses by Roy M. Mersky & J. Myron on past and present Supreme Court Justices Jacobstein beginning with the first Supreme Court Justice, • Links to scholarly articles John Jay. This collection includes all existing • Full-text searching, along Senate documents from 1916 to date, including with title and author search various hearings that have never before been capabilities made public for Louis Brandeis through Elena • More than 120 titles related Kagan. to the Supreme Court and its justices • Browse by Justice option History of Supreme Court Nominations Browse the Supreme Court Nominations Set The full text of Supreme Court of the U.S. Hearings and Reports on Successful and Unsuccessful Nominations of Supreme Court Justices by the Senate Judiciary Committee is the focal point of this library. It features full-text searching, beginning with three volumes devoted to the controversial confirmation of Louis Brandeis, the first nominee subject to public hearings. This ongoing series is considered to be the definitive documentary history of the nominations and confirmation process of both successful and unsuccessful nominations through Elena Kagan. Each nomination includes relevant materials, such as: • Confirmation Hearing and Transcript on the Nomination • Senate Judiciary Committee Vote on the Nomination • Memoranda Drafted • Presidential Statements • Resignation Announcements • Pre-nomination Speculation • Nomination Announcement • Confirmation Date Featured Justices include: • Elena Kagan • Clarence Thomas • Thurgood Marshall • Sonya Sotomayor • David Souter • Potter Stewart • Samuel Alito, Jr. • Douglass H. Ginsburg • Harlan Fiske Stone • John G. Roberts, Jr. • William Rehnquist • Louis D. Brandeis • Stephen Breyer • Sandra Day O’Connor • Ruth Bader Ginsburg • Abe Fortas Browse Other Related Works & Bibliography This sub-collection offers more than 120 additional titles by pioneers in the United States judicial system as well as a bibliography of books related to the Supreme Court and its justices, including: • Autobiographical Sketch by John Marshall • May It Please the Senate: An Empirical Analysis of the • Chief Justice Taft by Harlow Lindley and Allen E. Ragan Senate Judiciary Committee Hearing of Supreme Court • First One Hundred Eight Justices by William D. Bader and Nominees, 1939-2009 by Lori A. Ringhand and Paul M. Roy M. Mersky Collins, Jr. • John Marshall and the Constitution - A Chronicle of the • Memorials of Justices of the Supreme Court of the United Supreme Court (Abraham Lincoln ed.) by Edward Samuel States by Roger Jacobs and H. Kumar Percy Jayasuriya Corwin • Supreme Court of the United States: A Series of • Judges of the United States, 1v. Washington: The Bibliographies by William Horatio Barnes Committee, 1978 • Works of James Wilson by James Wilson • Judges of the United States (2nd ed.), 1v. Washington, D.C.: • Life of McLean: A Politician on the United States Supreme The Committee, 1983 Court by Francis P. Weisenburger • Lives and Times of the Chief Justices of the Supreme Court of • William H. Rehnquist, Chief Justice of the United States: the United States by Henry Flanders Memorial Tributes in the Congress of the United States History of Supreme Court Nominations Browse by Justice The Browse by Justice option allows the user to link directly to relevant content and chapters, articles, and a bibliography as applicable to each justice! For classic works where a single chapter discusses a justice, we will bring you to the exact place in the book where the justice is discussed. Browse by Justice includes: • Commentaries & Other Relevant Sources • Bibliography • Includes an extensive bibliography of select books related to each justice • Contains OCLC and ISSN links to WorldCat • Scholarly Articles Chosen by Our Editors • Includes articles written about and written by the justice BROWSE BY JUSTICE LINK TO SCHOLARLY ARTICLES RELEVANT TO EACH JUSTICE! View & Link to Scholarly Articles The collection also has the option to view and link to scholarly articles about the Supreme Court and the Justices that served. The scholarly articles can be viewed by title, author or most-cited, or they can be searched by article title or author. *Please note you must be subscribed to the appropriate HeinOnline collection to access all articles. Pricing Options Initial Subscription Price.........................................................................................$425.00 Annual Access Charge.............................................................................................$100.00 Don’t wait; subscribe today! For more information about this collection, including pricing, please contact your sales representative or contact our Marketing department at [email protected] or 800-828-7571. Looking for MARC21 Catalog Records? Cassidy Cataloging Services offers RDA/MARC21 catalog records for this collection. For details and pricing, please contact [email protected] or (973) 586-3200. This collection will continue to grow! If you have a book, suggestion for an article, or any other related work, please contact us at [email protected]. William S. Hein & Co., Inc. & HeinOnline 2350 N. Forest Rd. 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  • 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).
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  • Book Review: the Brandeis/Frankfurter Connection
    BOOK REVIEW THE BRANDEIS/FRANKFURTER CONNECTION; by Bruce Allen Murphy. New York: Oxford University Press, 1982. 473 pp. $18.95. Reviewed by Judith Resnikt Shouldl be more serviceableto the State, ifI took an employment, where function would be wholly bounded in my person, and take up all my time, than I am by instructing everyone, as I do, andin furnishing the Republic with a great number of citizens who are capable to serve her? XENoHON'S M EMORABIL bk. 1, ch. 6, para. 15 (ed 1903), as quoted in a letter by Louis . Brandeis to Felix Frankfurter(Jan. 28, 1928).' I THE RELATIONSHIP BETWEEN JUSTICE BRANDEIS AND PROFESSOR FRANKFURTER From the same bits of information-letters, fragmentary notes, in- dividuals' recollections, newspaper and historical accounts-several different stories can emerge, as the storyteller brings to the materials his or her own personal concerns and hypotheses. From reading some of the correspondence between Justices Brandeis and Frankfurter,2 biog- raphies of each,3 and assorted articles about them and the times in which they lived,4 I envision the following exchanges between Brandeis and Frankfurter: The year was 1914. A young law professor, Felix Frankfurter, went to t Associate Professor of Law, University of Southern California Law Center. B.A. 1972, Bryn Mawr College; J.D. 1975, New York University School of Law. I wish to thank Dennis E. Curtis, William J. Genego, and Daoud Awad for their helpful comments. 1. 5 LETTERS OF Louis D. BRANDEIS 319 (M. Urofsky & D. Levy eds. 1978) [hereinafter cited as LETTERS]. 2. E.g., 1-5 LETTERs, supra note 1.
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    LOUIS BRANDEIS: A MAN FOR THIS SEASON JONATHAN SALLET* In the early years of the 20th century, Louis Brandeis was America’s most influential advocate for antitrust enforcement, but his contributions to antitrust have been much debated ever since. Given the current, prominent discussion of the future of antitrust in these economic times, this essay proposes a five-part framework to describe Brandeis’s approach, which relies heavily on institutional roles and responsibilities: (1) legislators creating antitrust laws should consider broad economic and social issues, including democratic values; (2) antitrust laws should translate those broad motivations into administrable legal standards within the scope of professional obligations familiar to antitrust enforcers and the courts; (3) legal professionals vindicate the legislature’s larger social and economic goals by relying on learnings from economics and the social sciences and applying the chosen legal standard to the facts in a determined and detailed manner, while avoiding day-to-day political considerations; (4) sectoral regulation should be used where Justified by specific industry circumstances, such as the existence of local utility monopolies or in circumstances in which normal competitive forces cannot get the Job done; and (5) competition policy, both in antitrust and sectoral regulation, is to be informed by a spirit of experimentation. * Senior Fellow, The Benton Foundation. I am very appreciative to the following for their comments on drafts of this essay: Jonathan Baker, Gerald Berk, Teddy Downey, Kenneth Ewing, Adrianne Furniss, Renata Hesse, Caroline Holland, Herbert Hovenkamp, Lina Khan, Fiona Scott Morton, Carl Shapiro, George Slover, Kevin Taglang, and Tom Wheeler as well as to Andrew Manley and Ryland Sherman for their research assistance.
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    William and Mary Law Review VOLUME 43 NO. 4, 2002 THE USE THAT THE FUTURE MAKES OF THE PAST: JOHN MARSHALL’S GREATNESS AND ITS LESSONS FOR TODAY’S SUPREME COURT JUSTICES JACK M. BALKIN* John Marshall’s greatness rests on a relatively small number of Supreme Court opinions, of which the most famous are Marbury v. Madison,1 McCulloch v. Maryland,2 and Gibbons v. Ogden.3 Beyond these are a number of less famous but also important cases, including his opinions in the Native American cases,4 Fletcher v. Peck,5 and Dartmouth College v. Woodward.6 What makes Marshall a great Justice? One feature is certainly his institutional role in making the U.S. Supreme Court much more important to American politics than it had been previously. That is a function, however, of the sorts of cases that were brought before the Court, and of the opinions he chose to write. Marshall was also important as an early intellectual leader of the Court, as opposed * Knight Professor of Constitutional Law and the First Amendment, Yale Law School. My thanks to Bruce Ackerman and Sanford Levinson for their comments on previous drafts. 1. 5 U.S. (1 Cranch) 137 (1803). 2. 17 U.S. (4 Wheat.) 316 (1819). 3. 22 U.S. (9 Wheat.) 1 (1824). 4. Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832); Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1 (1831); Graham's Lessee v. M'Intosh, 21 U.S. (8 Wheat.) 543 (1823). 5. 10 U.S. (6 Cranch) 87 (1810).
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  • Connecticut Law Review
    CONNECTICUT LAW REVIEW VOLUME 36 SUMMER 2004 NUMBER 4 An Open Discussion with Justice Ruth Bader Ginsburg On March 12, 2004, the University of Connecticut School of Law welcomed Associate Justice Ruth Bader Ginsburg, of the Supreme Court of the United States, to campus as the Day, Berry & Howard Foundation Visiting Scholar. As part of her visit, Justice Ginsburg gave some brief remarks on "The Lighter Side of Life at the Court" to an assembled gathering and then participated in a question-and-answer session moderated by Professor Paul Schiff Berman, who clerked for Justice Ginsburg during the 1997-98 term. Pro- fessor Berman gathered the questions in advance from stu- dents and faculty members, but Justice Ginsburg was not given the questions before the session. What follows is the text of Justice Ginsburg'sprepared remarks, followed by an edited transcriptof the question-and-answersession. Justice Ginsburg: Thank you. I appreciate the most hearty welcome I have received here, and am glad to devote most of this hour to a conversation with you based on the questions Paul has gathered. As a lead into that conversation, I will speak not of the heavy work of the U.S. Supreme Court, but of some things less grave--customs that promote collegiality among the nine Justices, and the lighter side of life in our Marble Palace. Before each Court day begins and before each of our conference dis- cussions, as we enter the robing room or the conference room, we shake 1034 CONNECTICUT LAW REVIEW [Vol. 36:1033 hands, each Justice with every other.
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    CONFLICT AMONG THE BRETHREN: FELIX FRANKFURTER, WILLIAM 0. DOUGLAS AND THE CLASH OF PERSONALITIES AND PHILOSOPHIES ON THE UNITED STATES SUPREME COURT MELVIN I. UROFSKY* Following the constitutional crisis of 1937, the personnel of the United States Supreme Court changed rapidly as Franklin Roosevelt named new Justices whom he believed committed to the modem views of the New Deal. Roosevelt appointees constituted a majority of the Court by 1942, but instead of harmony, the Court entered one of the most divi- sive periods in its history. The economic issues which had dominated the Court's calendar for nearly a half-century gave way to new questions of civil liberties and the reach of the Bill of Rights, and these cast the juris- prudential debate between judicial restraint and judicial activism in a new light. The struggle within the Court in the early 1940s can be ex- amined not only in terms of competing judicial philosophies, but by look- ing at personalities as well. Felix Frankfurter and William 0. Douglas, both former academics, both intimates of Franklin Roosevelt and par- tisans of the New Deal, both strong-willed egotists, and both once friends, personified in their deteriorating relationship the philosophical debate on the Court and how personality conflicts poisoned the once placid waters of the temple pool. I. THE PRE-COURT YEARS On January 4, 1939, shortly after Franklin D. Roosevelt had sent to the Senate the nomination of Felix Frankfurter as Associate Justice of the United States Supreme Court, a group of top New Dealers gathered to celebrate in the office of Secretary of the Interior Harold L.
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  • The Hughes Court and the Beginning of the End of the Separate But
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