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Court History COMri History (ISSN is published three times year in March, July, and November by the Court Historical Society Blackwell Publishers, Inc., with offices at 350 Main Street, Malden, MA 02148, USA, and 108 Cowley Road, Oxford OX4 IJF, UK. Call US 1-800-835-6770 or fax: (7811 388-8232 c-mail: other at Main Street, Malden, MA 02148, USA, or 108 free in the US 1-800-835-6770, fax: 781-388-8232, or email: --~= ....... Sultlscription Rates for Volume 26, 200 I Institutions, The Americas $85.00, UK/Resr of World £65.00; Single Issues: Institutions: The Americas $34.00, UK/Rest ofVvorld £26.00. Checks in US dollars must be drawn on a US bank. Checks In must be drawn on UK bank. Checks should be made to Blackwell Publishers. individual orders may be paid by personal check. Canadian residents please add 7% GST. Electronic Access Abstract ,rm'm""",n for this ublish- Back Issues Back issues of the current and previous three volumes are available from the Malden oHice at the current single-issue rate. Microfonn The Journal is available on microfilm. For microfilm service, address to Universiry Microfilms Library SerVIces, Ann Arbor, MY 48106, USA. The mailed class in North and by IMEX to rest of the world. All reserved by the CouC[ Historical or transmission of this work in any form or by any means that by Sections 107 and 108 of the U.S. Law is unlawful without prior in writing of the Publisher, or in accordance with the terms of licenses issued by the Copytight Clearance Center and other authorized by the to administer Please note, however, that all institutions with a paid to this journal purposes free such copies are not resold, For educational pho­ requests that do not from an institution WIth paid subscription, contact the Copyright Clearance Center, 222 Rosewood Drive. Danvers, MA 01923, phone: 978-750-8400. fax: 978-750-4470. For all other nerrnl$$fOnS requests to repUblIsh Per- Oxford office, I08 791100, fax: +441865791347. Advertising For information and rates, please contact Publishers Communication Phone 7) 395-4055, Fax (6I7) 354-6875, or e-mail .............____~'....2'____ SUPREME OURT rSTORICAL SOCIETY HONORARY CHAIRMAN William H. HONORARY TRUSTEE Whirl' (HAIRMAN PRESIDEN Leon Sdvennan VICE PRESIDENTS Vincent C Burke, Jr. Goldman SECRETARY TREASURER TRUSTEES \V, Evans Fisher W, Nealon Charles 0, Calvin Gordon 0, Kennerh S. Geller Leon Herman Bdz Frank B, GilberT B, Renfrew Barbara A, Black Wdlram BradFord Hugo L, Black, )1'. Rider Frank Rishikof Brown WiJIiamP, Wade Pamela Dwinndl R, Civilcttl Kenneth Starr Andrew M, Cathleen \Vdli,m1 Cokman, J1. Ch,H'ieS J, 1. Lancaster, Jr, Elwood Davis B, LlblJ1 Didden Maureen E. Chadron Dietz Robert E. T. DoLlll Marshal! emerai COlAnsel C Duff Mmhall, Jr, William Edlund Vincent L McKusick David T. Pride C EIJm FrancIs J, McN,lmaca, Jr. Ex[cuNy! Director R, Moderow Shurrleff W, MaillS, III Amslimi Direr/or JOURNAL OF SUPREME COURT HISTORY 200 1 vol. 26 no. PUBLICATIONS COMMITTEE E. Barren Prettyman, Jr. Chairman Donald B. Ayer Louis R. Cohen Charles Cooper Kenneth S. Geller James J. Kilpatrick Melvin 1. Urofsky BOARD OF EDITORS Melvin 1. Urofsky, Chairman H erman Belz David J.Bodenhamer Kermit Hail Craig Joyce Lau rrt Kalman Maeva Marcus David O'Brien Michael Parrish EDITORIAL STAff Clare Cushman , Mal1aging Edi/or Patri cia R. Evans, Researcher Jill Ann Duffy, Resea rcher Savina Lamberr, Pho/o Researcher Bbckwell Publishers, Boston, Mil. :,~;t chLtS c{"rs & Ox"-ord. UK GENERAL STATEMENT TH E SUPREME COURT HISTORICAL SOCIETY is a private non-profit organization, incorporated in the District of Columbia in 1974. The Society is dedicated to the collection and preservation of the history of the Supreme Court of the United States. The Society seeks to accomplish its mission by supporting historical research, collecting antiques and artifacts relating ro the Court's history, and publishing books and other materials that increase public awareness of the Court's contribution to our nation's rich constitutional heritage. Since 1975, the Society has been publishing a QHarterly newsletter, distributed to its membership, which contains short historical pieces on the Court and articles detailing the Society's programs and activities. In 1976, the Society began publishing an annual collec­ tion of scholarly articles on the Court's bistory entitled the Yearbook, which was renamed the Journal oj Supreme Court History in [990 and became a trimester pu blication in 1999. The Society initiated the DocumentalY HistOlY of the Supreme Comt of the United States, 1789-1800 in [977 with a matching grant from the Nati onal Historical Publicati ons and Records Commission (NHPRC). The Supreme Court became a cospon­ sor in 1979. Since that time the project has completed six volumes. The Society has also copublished several books with CQ Press. The first, The Supreme Court Justices: Illustrated Biographies, 1789-1995, is a 588-page book that was develo ped by the Society and includes bibliographies of all J08 Justices as well as rare pho­ tographs and other illustrations. The second, which the Society cosponsored in 2000, is a high school textbook ti ti ed We the Students: Supreme Court Cases For and About High School Students. Most recently, the Society developed Supreme Court Decisions and Women's Rights: Milestones to Equality, a guide to gender law that is also ai med at students. In addition to its reseatch/publications projects, the Society is now cooperating with the Federal Judicial Center on a pilot oral history project on the Supreme Court. The Society is also conducting an active acquisitions program, which has contributed substan­ tially to the completion of the Court's permanent collection of busts and portraits, as well as period furnishings, private papers, and other artifacts and memorabilia relating to the Court's history. These materials are incorporated into displays prepared by the Court Curator's Office for the benefit of the Court's one million annual visitors. The Society also funds outside research, awards cash prizes to promote scholarship on the Court, and sponsors or cosponsors various lec ture series and other educational col­ loquia to further public understanding of the Court and its history. The Society has approximately 5,600 members whose financial support and volunteer participation in the Society's standing and ad hoc committees enables the organization to function. These committees report to an elected Board of Trustees and an Executive Committee, the latter of which is principally responsible for policy decisions and for supervising the Society's permanent staff. Requests for additional information should be directed to the Society's headquarters at 244 East Capitol Street, NE, Washington, D.C. 20003, telephone (202) 543-0400, or to the Society's website at www.supremecourthistoly.org. The Society has been determined eligible to receive t.1X' deductible gifrs under seerion 501 (c) (3) under rhe Intern:ll Revenue Code. JOURNAL OF SUPREME COURT HISTORY 2001, vol 26, no. INTRODUCTION Melvin T Uro/sky v ARTICLES Citacors Beware: Stylistic Variations in Different Publishers' Versions of Early Supreme Court Opinions Jon O. Newman The Role of the Supreme Court Reporter in Hiscor), Frank D. Wagner 9 Conscience in the Court, 1931- 1946: Religion as Duty and Choice Jif.frey MAnderson 25 Felix Frankfurter, Incorporation, and the \Villie Francis Case Willia11l M. Wiecek 53 Women Advocates Before the Supreme Court C/Me Cushman 67 Revivifying Politica l Science: Lucas A. Powe, Jr. on the W arren Court Melvin L Uro/sky 89 CONTRIBUTORS 95 PHOTO CREDITS 95 Copyri ght © 2001, by The Supreme Court Historical Society at Opperman H ouse, 224 East Capitol Street, N.E. \Vas hington, D.C.. 20003 ISBN 0-9'4785-24-9 ISSN 1059-4329 Introduction Melvin I. Urofsky Chairman, Board of Editors This issue of the Journal contains a rather mitted to the Journal. Several years ago, the diverse set of articles. One of them, by Frank Publications Committee approved the offering Wagner, derives from the 2000 lecture series of a second Hughes-Gossett Prize. This would called "The Art of the Written Word" that the go to an article written while the author was a Society is sponsoring at the Court. These lec­ student in college, graduate school, or law tures explore the literary side of the Court, one school. In doing thi s, we are tracking what not often examined. Frank Wagner, the Re­ many other scholarly societies do as a way of porter of Decisions, traces the role of the encouraging younger scholars, and we have Reporter through history and describes his been very pleased with the results. Our win­ current duties. ners have indeed come from colleges, gradu­ As it turned out, we also received an arti­ ate schools, and law schools, and from all over cle from Judge Jon Newman on a literary sub­ the country. This year's winner, Jeffrey An­ ject. His article recounts problems he faced derson, wrote his prize essay while a master's when trying to hunt down a correct citation student at the University of Virginia, under the for an old case. Those of us who now face direction of Professor Charles McCurdy. three different reporter citations for nearly These pages also offer a glimpse into one every case may never confront such a prob­ of the forthcoming volumes of The Oliver lem, but scholars-and jurists-working in Wendell Holmes, Jr. Devise History of the earlier eras do so routinely. Supreme Court. Professor William Wiecek We are also pleased to offer the winning of Syracuse University Law School is writing entry of the Hughes-Gossett Student Essay the volume on the Stone and Vinson Courts, Prize.
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