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Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy
Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy
Michigan Law Review
A Review of Justices and Presidents: A Political History of Appointments to the Supreme Court (2d edition) by Henry J. Abraham
Judge Picking, Abner J. Mikva
Judge Picking, Abner J. Mikva
Michigan Law Review
A Review of God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History by Laurence H. Tribe
Statesman Of The Old Republic, Craig Joyce
Statesman Of The Old Republic, Craig Joyce
Michigan Law Review
A Review of Supreme Court Justice Joseph Story: Statesman of the Old Republic by R. Kent Newmyer
Is The Burger Court Really Like The Warren Court?, Paul Bender
Is The Burger Court Really Like The Warren Court?, Paul Bender
Michigan Law Review
A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi
Does Doctrine Matter?, Frederick Schauer
Does Doctrine Matter?, Frederick Schauer
Michigan Law Review
A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi
Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review
Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review
Michigan Law Review
A Review of Toward Increased Judicial Activism: The Political Role of the Supreme Court by Arthur Selwyn Miller
Brandeis, Michigan Law Review
Brandeis, Michigan Law Review
Michigan Law Review
A Review of Brandeis by Lewis J. Paper
Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum
Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum
Michigan Law Review
What is to be learned from this review of the various analyses offered in dissenting tax opinions over the past five terms of the Supreme Court? When the Court has decisively interpreted narrow or technical language in the statute, dissenters all too often indulge in lengthy analyses that can only serve to create further confusion. Only when the Court focuses on a judicially made rule or an issue with constitutional implications is a broader dissent appropriate. If dissenters generally adhered to the guidelines set forth at the outset of this Article the tax world would, I believe, be at least …
Of Standards For Extra-Judicial Behavior, Russell R. Wheeler
Of Standards For Extra-Judicial Behavior, Russell R. Wheeler
Michigan Law Review
A Review of The Brandeis/Frankfurter Connection: The Secret Political Activities of Two Supreme Court Justices by Bruce Allen Murphy
Louis D. Brandeis And The Progressive Tradition, Michigan Law Review
Louis D. Brandeis And The Progressive Tradition, Michigan Law Review
Michigan Law Review
A Review of Louis D. Brandeis and the Progressive Tradition by Melvin I. Urofsky
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Michigan Law Review
A Review of Earl Warren: A Public Life by G. Edward White, and Super Chief: Earl Warren and His Supreme Court--A Judicial Biography by Bernard Schwartz
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, Michigan Law Review
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, Michigan Law Review
Michigan Law Review
A Review of The Court Years, 1939-1975: The Autobiography of William O. Douglas by William O. Douglas
Psycho-Enigmatizing Felix Frankfurter, Eugene Gressman
Psycho-Enigmatizing Felix Frankfurter, Eugene Gressman
Michigan Law Review
A Review of The Enigma of Felix Frankfurter by H.N. Hirsch
A Psychohistorical View Of Mr. Justice Frankfurter, Andrew S. Watson
A Psychohistorical View Of Mr. Justice Frankfurter, Andrew S. Watson
Michigan Law Review
A Review of The Enigma of Felix Frankfurter by H.N. Hirsch
Preserving The Progressive Spirit In A Conservative Time: The Joint Reform Efforts Of Justice Brandeis And Professor Frankfurter, 1916-1933, David W. Levy, Bruce Allen Murphy
Preserving The Progressive Spirit In A Conservative Time: The Joint Reform Efforts Of Justice Brandeis And Professor Frankfurter, 1916-1933, David W. Levy, Bruce Allen Murphy
Michigan Law Review
On January 28, 1916, President Wilson sent the name of Louis D. Brandeis to the Senate for confirmation as a Justice of the United States Supreme Court. Wilson's act surprised many Americans and sparked one of the bitterest confirmation struggles in the history of the Republic. The nomination and the confirmation that followed also created a painful and highly personal dilemma for the new Justice. This dilemma led Brandeis to a private arrangement that opened an unusual and revealing chapter in the story of the extra judicial activities of American justices. Even more important, the arrangement constitutes a noteworthy episode …
The Eighteenth-Century Background Of John Marshall's Constitutional Jurisprudence, William E. Nelson
The Eighteenth-Century Background Of John Marshall's Constitutional Jurisprudence, William E. Nelson
Michigan Law Review
This analysis of Marshall's constitutional jurisprudence avoids the pitfalls of previous theories. It does not see the Federalist political program as the source of Marshall's constitutional doctrines and thus does not need to explain how Marshall qualified his political principles or how he convinced non-Federalist judges to accept them. Instead, this essay argues that legal, not political, principles underlay Marshall's jurisprudence, but it attempts to understand those principles in a manner consistent with the unavoidable twentieth-century assumption that law is a body of flexible rules responsive to social reality rather than a series of immutable, unambiguous doctrines derived from a …
Mr. Justice Powell And The Emerging Nixon Majority, A.E. Dick Howard
Mr. Justice Powell And The Emerging Nixon Majority, A.E. Dick Howard
Michigan Law Review
In recent years, we have come to expect the debate over Supreme Court nominations to reflect ideological passions in the Government and the country at large; the Fortas, Haynsworth, and Carswell cases remain fresh in memory. In the hearings on the nominations of Lewis F. Powell, Jr., and William H. Rehnquist to the Court, Senate Democratic liberals made clear their intention to probe not only the nominees' integrity and legal qualifications, but also their judicial philosophies. It was ironic, therefore, to watch as liberal members of the Judiciary Committee, through their questions and comments at the confirmation hearings, made Powell, …
Friedman And Israel: The Justices Of The United States Supreme Court, 1789-1969: Their Lives And Major Opinions, Philip B. Kurland
Friedman And Israel: The Justices Of The United States Supreme Court, 1789-1969: Their Lives And Major Opinions, Philip B. Kurland
Michigan Law Review
A Review of The Justices of the United States Supreme Court, 1789-1969: Their Lives and Major Opinions edited by Leon Friedman and Fred L. Israel
On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr.
On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr.
Michigan Law Review
On that Monday in June of this year when Earl Warren removed his robe for the last time, a significant era in the history of the country, not just that of the Supreme Court, came to an end. It was in recognition of this (and somewhat in anticipation, as events turned out) that the Michigan Law Review published a symposium on the so-called "Warren Court" in its December 1968 issue. Those articles were ·written by distinguished scholars and practitioners and are of consistently high quality. All but one of them dealt with important substantive matters considered and decided by the …
The Fortas Controversy: The Senate's Role Of Advice And Consent To Judicial Nominations, Prospectus: A Journal Of Law Reform
The Fortas Controversy: The Senate's Role Of Advice And Consent To Judicial Nominations, Prospectus: A Journal Of Law Reform
University of Michigan Journal of Law Reform
Introduction to the Articles, The Broad Role by Robert P. Griffin, and The Discriminating Role by Philip A. Hart
The Discriminating Role, Philip A. Hart
The Discriminating Role, Philip A. Hart
University of Michigan Journal of Law Reform
The controversy which arose in the summer of 1968 over the nomination of Mr. Justice Abe Fortas to be Chief Justice of the United States has raised serious questions about the proper role of the Senate in advising and consenting to such nominations. That Sen. Hart’s remarks may be read in perspective, it should be mentioned that he supported strongly the nomination of Mr. Fortas. Hart believes that were it not for the unique circumstances of the summer of 1968- the erosion of the power of the President with the approach of a political campaign, the nearness of the end …
The Broad Role, Robert P. Griffin
The Broad Role, Robert P. Griffin
University of Michigan Journal of Law Reform
This article will expand on two major points: first, the nature of the higher responsibility which the Senate owes to considerations of judicial nominations; and second, the factors generally influencing non-consent in the Fortas case. The purpose is not to reopen a discussion of the particularities of Justice Abe Fortas' quality for appointment as Chief Justice of the United States. Rather we will be concerned only with the types of factors influencing a Senate determination.
Howard: Mr. Justice Murphy, A Political Biography, Eugene Gressman
Howard: Mr. Justice Murphy, A Political Biography, Eugene Gressman
Michigan Law Review
A Review of Mr. Justice Murphy, A Political Biography by J. Woodford Howard
Earl Warren, The "Warren Court," And The Warren Myths, Philip B. Kurland
Earl Warren, The "Warren Court," And The Warren Myths, Philip B. Kurland
Michigan Law Review
"It" is not enough for the knight of romance," Justice Holmes once reminded us, "that you agree that his lady is a very nice girl-if you do not admit that she is the best that God ever made or will make, you must fight." So, too, with the admirers of the Chief Justice and their "fair lady." For the moment, Earl Warren is enjoying the lavish praise that is not uncommonly ladled out when a man voluntarily decides to end a long and important government career. The contents of this issue of the Michigan Law Review may be taken as …
Friendly: Benchmarks, Manuel F. Cohen
Friendly: Benchmarks, Manuel F. Cohen
Michigan Law Review
A Review of Benchmarks by Henry J. Friendly