Harold H. Burton Papers [Finding Aid]
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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. -
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). -
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. -
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. -
American Trucking Associations V. Scheiner: Truckers Challenge Pennsylvania's Highway User Fees Under the Dormant Commerce Clause
University of Miami Law Review Volume 41 Number 5 Article 10 5-1-1987 American Trucking Associations v. Scheiner: Truckers Challenge Pennsylvania's Highway User Fees Under the Dormant Commerce Clause Robert J. Borrello Follow this and additional works at: https://repository.law.miami.edu/umlr Part of the State and Local Government Law Commons Recommended Citation Robert J. Borrello, American Trucking Associations v. Scheiner: Truckers Challenge Pennsylvania's Highway User Fees Under the Dormant Commerce Clause, 41 U. Miami L. Rev. 1117 (1987) Available at: https://repository.law.miami.edu/umlr/vol41/iss5/10 This Casenote is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. CASENOTES American Trucking Associations v. Scheiner: Truckers Challenge Pennsylvania's Highway User Fees Under the Dormant Commerce Clause I. INTRODUCTION .. ....................................................... 1117 II. STATEMENT OF THE CASE ............................................... 1119 III. THE DORMANT COMMERCE CLAUSE ...................................... 1121 A. The Axle Tax Discriminatesin Effect ................................ 1122 B. The Complementary Tax Doctrine ................................... 1124 1. JUSTIFICATION FOR THE COMPLEMENTARY TAX: ONE-SIDED TAX BURDEN . -
1949 Journal
: I OCTOBEK TEEM, 1949 STATISTICS Miscel- Original Appellate Total laneous Number of cases on dockets 13 867 568 1, 448 Cases disposed of__ — 0 757 551 1, 308 Remaining on dockets 13 110 17 140 Cases disposed of—Appellate Docket By written opinions 108 By per curiam opinions 93 By motion to dismiss or per stipulation (merit cases) 1 By denial or dismissal of petitions for certiorari 555 Cases disposed—Miscellaneous Docket: By written opinions 0 By per curiam opinions - 1 By denial or dismissal of petitions for certiorari 436 By denial or withdrawal of other applications 107 By transfer to Appellate Docket 7 Number of written opinions 87 Number of petitions for certiorari granted 92 Number of admissions to bar 849 REFERENCE INDEX Page Murphy, J., death of (July 19, 1949) announced 1 Rutledge, J., death of (Sept. 10, 1949) announced 1 Clark, J., announcement of appointment 1 Minton, J., announcement of appointment 1 Hughes, C. J., resolutions of the bar presented 198 J. Howard McGrath, Attorney General, presented 1 Maynard E. Pirsig, dean of Law School of University of Min- nesota, appointed a member of the Civil Rules Advisory Committee 188 Allotment of Justices 34 Attorney—change of name 37, 79, 171, 189 850087—50 77 II Rules of Supreme Court : page Rule 27, par. 9, amended (amicus curiae briefs) 70 Rule 32, par. 7, amended (flat fee system adopted) . Court also ordered abandoned the practice of awarding attor- ney's docket fee and concurrently authorized a change in practice whereby but one docket fee would be charged and one docket number assigned where a petition for certiorari seeks review of two or more judgments in consolidated cases 192, 193 Rule 13, par. -
Petitioners' Brief in American Trucking Associations Et Al. V. Michigan Public Service Commission, Et Al., 03-1230
No. 03-1230 In the Supreme Court of the United States AMERICAN TRUCKING ASSOCIATIONS, INC., AND USF HOLLAND, INC., Petitioners, v. MICHIGAN PUBLIC SERVICE COMMISSION, ET AL., Respondents. On Writ of Certiorari to the Michigan Court of Appeals __________ BRIEF FOR THE PETITIONERS ROBERT DIGGES, JR. CHARLES ROTHFELD ATA Litigation Center Counsel of Record 2200 Mill Road EVAN TAGER Alexandria, VA 22314 Mayer, Brown, Rowe & (703) 838-1865 Maw LLP 1909 K Street, NW Washington, DC 20006 (202) 263-3000 QUESTION PRESENTED As reformulated by the Court, the question presented is: “Whether the $100 fee [imposed by Michigan in Mich. Comp. Laws § 478.2(1)] upon vehicles conducting intrastate operations violates the Commerce Clause of the United States Constitution.” (I) ii PARTIES TO THE PROCEEDING AND RULE 29.6 STATEMENT The parties to the proceeding in the Michigan Court of Appeals were Westlake Transportation, Inc., Vanverkooi Carriers, Inc., El Toro Motor Freight, Inc., Myriah, Inc., Prism, Inc., Gerrigs Trucking & Leasing, Inc., Best Way Ex- press, Inc., Troy Cab., Inc., Deeco Services, Inc. d/b/a Deeco Transportation, Tiberio Frank d/b/a Fairfield Towing, Elex, Inc. d/b/a/ Lafond Express, Dale Constine & Sons, Inc., Cal- cut Sales & Services, Inc. d/b/a Calcut Trucking Company, Ambassador Transportation, Inc., Hawkins Steel Cartage, Inc., Midcon Freight Systems, Inc., JLH Transfer, Inc., H & H Enterprises, Inc. d/b/a S & M Cartage, Inc., Central Trans- port, Inc., Bancroft Trucking Company, US Truck Company, Inc., West End Cartage, Inc., Central Cartage Company, CTX, Inc., Mohawk Motor Michigan, Inc., Economy Trans- port, Inc., McKinlay Transport Limited, Mason & Dixon Lines, Inc., Universal Amcan Limited, Romeo Expediters, Inc., Tom Thumb Services, Inc. -
Evansville-Vanderburgh Airport Authority Dist. V. Delta Airlines, Inc., 405 U.S
Florida State University Law Review Volume 1 Issue 2 Article 6 1973 Evansville-Vanderburgh Airport Authority Dist. v. Delta Airlines, Inc., 405 U.S. 707 (1972) Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Constitutional Law Commons Recommended Citation Evansville-Vanderburgh Airport Authority Dist. v. Delta Airlines, Inc., 405 U.S. 707 (1972), 1 Fla. St. U. L. Rev. 354 (1973) . https://ir.law.fsu.edu/lr/vol1/iss2/6 This Comment is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FloridaState University Law Review [VOL 1 signals the judicial recognition in Florida of a valuable scientific de- vice which will aid in identifying the guilty while protecting the innocent.32 Constitutional Law - STATE TAXATION-AIRPORT USE TAXES IMPOSED ON DEPARTING COMMERCIAL AIRLINE PASSENGERS ONLY AS COMPEN- SATION FOR USE OF FACILITIES VIOLATE No FEDERAL CONSTITUTIONAL PROVISIONS.-Evansville-Vanderburgh Airport Authority Dist. v. Delta Airlines, Inc., 405 U.S. 707 (1972). The rapid increase in private and commercial aviation operations' has necessitated concomitant airport development and expansion. One method of generating funds for these purposes is the so-called air- port use tax. Prior to 1972, only Montana, New Hampshire, New Jersey and an Indiana airport authority district had actually imposed such taxes. 2 With slight variations, the tax in each instance took the printed. In such a situation the voiceprint could be excluded as the "fruit" of a con- stitutionally impermissible seizure. -
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. -
Mr. Justice Stanton by James W
At Sidebar Mr. Justice Stanton by James W. Satola I love U.S. Supreme Court history. Sometimes, the more arcane the better. So, for my At Sidebar con- tribution, I want to share a little bit of what I love.1 Perhaps calling to mind the well-known story behind Marbury v. Madison, here is a lesser-known story of a presidential commission not delivered on time (though in this case, it was not anyone’s fault). The story of Mr. Justice Edwin M. Stanton.2 James W. Satola is an As one walks through the Grand Concourse of attorney in Cleveland, Ohio. From 2010 to the Ohio Supreme Court building in Columbus, Ohio 2016, he served as (officially, the Thomas J. Moyer Ohio Judicial Center, an FBA Circuit Vice which had a first life as the “Ohio Departments Build- President for the Sixth ing,” opening in 1933, then restored and reopened as Circuit, and from 2002 the home of the Ohio Supreme Court in 2004), one’s to 2003, he was Presi- dent of the FBA Northern eye is drawn to nine large bronze plaques mounted District of Ohio Chapter. on the East Wall, each showcasing one of the U.S. © 2017 James W. Satola. Supreme Court justices named from Ohio.3 This story All rights reserved. is about the fourth plaque in that series, under which reads in brass type on the marble wall, “Edwin Mc- Masters Stanton, Justice of the United States Supreme Court, 1869-1869.” Justice Stanton? One finds no mention of “Justice Stanton” among the lists of the 113 men and women who have served on the Supreme Court of the United States. -
A Tale of Two Textualists: a Critical Comparison of Justices Black and Scalia Michael J
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 1994 A Tale of Two Textualists: A Critical Comparison of Justices Black and Scalia Michael J. Gerhardt Repository Citation Gerhardt, Michael J., "A Tale of Two Textualists: A Critical Comparison of Justices Black and Scalia" (1994). Faculty Publications. 990. https://scholarship.law.wm.edu/facpubs/990 Copyright c 1994 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs ARTICLES A TALE OF TWO TEXTUALISTS: A CRITICAL COMPARISON OF JUSTICES BLACK AND SCALIA MICHAEL J. GERHARDT* The idea that Justices Hugo Black and Antonin Scalia have anything in common jurisprudentially is counterintuitive. Justice Black is associated with the progressive social and economic legislation symbolized by the New Deal and with judicial activism in protecting the poor and disen franchised.1 He is beloved by many liberals as a champion of individual rights, especially freedom of speech and of the press. In contrast, Justice Scalia is revered by conservatives as a true believer-combating the rising tide of liberalism, big government, and judicial activism-set on restoring traditional notions of federalism and judicial restraint.2 Any effort to liken these two Justices makes both liberals and conservatives recoil. * Professor of Law, Marshall-Wythe School of Law, The College of William and Mary. B.A. Yale University; M.Sc. London School of Economics; J.D. University of Chicago. I am grateful for the encouragement and helpful comments on earlier drafts I received from Marc Arkin, Erwin Chemerinsky, George Cochran, Neal Devins, Jill Fisch, Tracy Higgins, Michael Herz, Sandy Levinson, Chip Lupu, Tracey Maclin, John McGinnis, Peter Shane, Bill Treanor, Steve Wermiel, and Ron Wright. -
BROWN V. BOARD of EDUCATION: MAKING a MORE PERFECT UNION
File: Seigenthaler.342.GALLEY(7) Created on: 5/9/2005 4:09 PM Last Printed: 7/5/2005 9:17 AM BROWN v. BOARD OF EDUCATION: MAKING A MORE PERFECT UNION John Seigenthaler* It is impossible for me to reflect on Brown v. Board of Educa- tion1 and its meaning these five decades later without revisiting in my mind’s eye the white Southern racist society of my youth and young adulthood. That was a time when my hometown, Nashville, Tennessee, was as racially segregated as any city in South Africa at the height of Apartheid; when every city in the South, large and small, was the same; when African-American residents of those communities were denied access to any place and every place they might need or wish to go. The legal myth of “separate but equal” had cunningly banned black citizens from every hospital, school, restaurant, trolley, bus, park, theater, hotel, and motel that catered to the white public. These tax-paying citizens were denied access to these places solely on the basis of their race by tradition, custom, local ordi- nance, state statute, federal policy, and by an edict of the United States Supreme Court fifty-eight years before Brown in Plessy v. Ferguson.2 In too many of these cities, black citizens were even denied access to the ballot box on election day. The posted signs of the times read, “White Only.” If you never saw those signs, it is difficult to imagine their visible presence in every city hall, county courthouse, and public building, including many federal buildings.