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A Tale Of Two Greenmoss Builders, Robert M. O'Neil
A Tale Of Two Greenmoss Builders, Robert M. O'Neil
Washington Law Review
If ever a pending Supreme Court case deserved the merciful disposition of “improvidently granted,” it would seem to be Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. Many factors seem to warrant such interment for an elusive and wholly unsatisfying controversy. Arguably, by any objective standard, this case should never have gone beyond a routine and little noted denial of certioriari. Against this unhappy background, let me offer several countervailing and compelling factors that seem to warrant an alternative disposition.
The Landmark That Wasn't: A First Amendment Play In Five Acts, Lee Levine, Stephen Wermiel
The Landmark That Wasn't: A First Amendment Play In Five Acts, Lee Levine, Stephen Wermiel
Washington Law Review
What follows is an original case study of our First Amendment law of free expression and how it is created by the Supreme Court. Drawing heavily on heretofore unpublished internal papers from the chambers of Justice William Brennan and other Justices, this Article reveals how the 1964 landmark decision in New York Times Co. v. Sullivan was once in serious jeopardy of being overruled. In the course of this discussion, and in their examination of the evolution of the Court’s decision in Dun & Bradstreet v. Greenmoss Builders (1985), the authors describe and analyze: (1) how and to what extent …
Dun And Bradstreet Revisited—A Comment On Levine And Wermiel, Scott L. Nelson
Dun And Bradstreet Revisited—A Comment On Levine And Wermiel, Scott L. Nelson
Washington Law Review
Lee Levine and Stephen Wermiel’s account of the internal history of the Supreme Court’s decision in Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. convincingly demonstrates the utility of the papers of retired Justices in facilitating a painstaking reconstruction of the Court’s deliberations. As someone who clerked for Justice Byron White in the October 1984 and 1985 Terms and was thus present during the second of the two years in which the Court considered Dun & Bradstreet, I will not comment on the accuracy of the particular details the Article reports or add any inside information about the Court’s …
Dun & Bradstreet V. Greenmoss Builders As An Example Of Justice Powell's Approach To Constitutional Jurisprudence, Paul M. Smith
Dun & Bradstreet V. Greenmoss Builders As An Example Of Justice Powell's Approach To Constitutional Jurisprudence, Paul M. Smith
Washington Law Review
Given this welcome opportunity to comment on the Levine and Wermiel account, I thought I would use it to offer some thoughts about Justice Powell’s approach to constitutional jurisprudence, particularly in First Amendment cases—an approach well illustrated by the story of Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc.