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Mr. Justice Murphy And Civil Rights, Thurgood Marshall Apr 1950

Mr. Justice Murphy And Civil Rights, Thurgood Marshall

Michigan Law Review

There is constant danger that the unpopularity of an individual, or of the group of which he is a member, will be reflected in dealings with his rights by his neighbors or by the organized community. In America today this bias is most likely to stern from differences of race, origin, nationality, or religious or political belief. Prejudice may victimize an entire group or any of its members. Any charge of shocking or anti-social conduct against one who is already thus unpopular increases the likelihood of unfair treatment. Not only private citizens, but legislators, judges and administrative officers of government …


Mr. Justice Murphy, Fred M. Vinson Apr 1950

Mr. Justice Murphy, Fred M. Vinson

Michigan Law Review

I count it a rare privilege to have known Frank Murphy. Gentle, kindly, and amiable of temperament, yet he had a strength of character and tenacity of purpose that enabled him to uphold the right, as God gave him to see the right, no matter what the pressures and constraints. His untimely death deeply touched the hearts of all who knew him, while the poor, the underprivileged, the accused, and minorities of many different shades of belief mourned the passing of one who had been their protagonist.


The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox Apr 1950

The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox

Michigan Law Review

When Mr. Justice Murphy took his place on the Supreme Court in 1940, a period of major development in labor law was beginning. In 1935 Congress had laid one of the two principal foundation stones by enacting the Wagner Act. But the NLRA did not become effective in any practical sense until after its constitutionality was upheld in 1937, and it was in the next decade that the farthest reaching questions of interpretation and application were to be decided. The second stone was laid in 1938 when passage of the Fair Labor Standards Act committed the nation to the policy …


Isaacs: Oath Of Devotion, Michigan Law Review May 1949

Isaacs: Oath Of Devotion, Michigan Law Review

Michigan Law Review

A Review of OATH OF DEVOTION By Julius Isaacs


Frank: Mr. Justice Black: The Man And His Opinions, Michigan Law Review Mar 1949

Frank: Mr. Justice Black: The Man And His Opinions, Michigan Law Review

Michigan Law Review

A Review of MR. JUSTICE BLACK: THE MAN AND HIS OPINIONS By John P. Frank.


Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin Feb 1948

Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin

Michigan Law Review

We have already become familiar with Johnson's awareness of the unconsciousness of mankind "of the shackles which superstition and tyranny had thrown around" it. He was also sensitive to the part which the law had played in preserving such a state of affairs. His keen and analytic mind was unwilling to accept as final what he knew was the illusive mirage of reality. The situation was a frustrating one-so much so that few minds today are prepared to accept the challenge which such a dynamic attitude entailed for him. He began anticipating beyond the capacities of the minds of those …


Mr. Justice William Johnson, Jurist In Limine: The Judge As Historian And Maker Of History, A. J. Levin Dec 1947

Mr. Justice William Johnson, Jurist In Limine: The Judge As Historian And Maker Of History, A. J. Levin

Michigan Law Review

In the year 1822 A. E. Miller of No. 4 Broad-street, near the Bay, Charleston, South Carolina, "Printed for the Author" the Sketches of the Life and Correspondence of Nathanael Greene, Major General of The Armies of The United States, In The War of The Revolution. The fly-leaf announced that the work was "Compiled Chiefly from Original Materials" and that it was in "Two Volumes" by William Johnson of Charleston, South Carolina. It was, indeed, a substantial publication "grown to a bulk . . . never anticipated" of some nine hundred thirty-eight pages exclusive of numerous pages in small …


Mr. Justice William Johnson, Creative Dissenter, A. J. Levin Dec 1944

Mr. Justice William Johnson, Creative Dissenter, A. J. Levin

Michigan Law Review

Until the advent of Justice Oliver Wendell Holmes, the masterful and magnetic figure of Chief Justice John Marshall well-nigh overshadowed the whole field of constitutional jurisprudence. That Marshall made inestimable additions to our ideas of cooperative living at the very beginning of our democracy, and that his repute was well deserved, cannot be gainsaid. But one has good cause to wonder why the name of so distinguished a colleague as William Johnson, who sat on the same bench with Marshal for almost thirty years during that formative period, should have been almost completely obscured all these years. Rare, indeed, is …


Valedictory Opinions Of Mr. Justice Holmes, Edward Dumbauld Jun 1944

Valedictory Opinions Of Mr. Justice Holmes, Edward Dumbauld

Michigan Law Review

Mr. Justice Holmes was ninety on March 8, 1931. That anniversary brought him a "shower of birthday congratulations and tributes in writing and print," which included thoughtful appraisals of his work up to then as scholar and judge. But that work was not yet done. There remained "a little finishing canter before coming to a standstill." The aging justice was to participate in the work of two more terms of court before his retirement on January 12, 1932. In Holmes's quiver, waiting to be "fired off," were a dozen opinions which now grace the pages of volume 283 of the …


Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin Apr 1944

Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin

Michigan Law Review

A policy of judicial avoidance, otherwise referred to as "judicial restraint," has clearly been the dominant trend in the United States Supreme Court since Mr. Justice Holmes began to sit upon that bench at the beginning of this century. There has been an inclination to explain this change as revealing a tendency of the Court to follow a policy of laissez-faire toward the legislative and executive departments, and to stop at this formalistic explanation of this important aspect of the judicial function. The Court's increasing awareness of its own lack of technical competence in dealing with the many complex governmental …


Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson Feb 1939

Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson

Michigan Law Review

The sorrow with which the entire nation learned of the death of Mr. Justice Cardozo bears witness to the sense of loss felt by the great body of his fellow citizens. Few of the people who mourn him had personal opportunity to know the high qualities of his mind or his saintly character. Yet they truly feel that between him and the thought and spirit of his time there was fundamental sympathy and understanding. In a real sense the cast of his thinking was the product of his age. This awareness of his time was coupled in him with sensitiveness …


James Valentine Campbell, Victor H. Lane Jan 1908

James Valentine Campbell, Victor H. Lane

Articles

Judge James Valentine Campbell was born in Buffalo in the State of New York on the 25th day of February, 1823, and his sixty-seventh year had just closed when he died in the City of Detroit on the 26th day of March, 1890.


Benjamin Franklin Graves, Hoyt Post Apr 1907

Benjamin Franklin Graves, Hoyt Post

Michigan Law Review

BENJAMIN FRANKLIN GRAVES, the oldest and last surviving of the four noted judges-Cooley, Campbell, Christiancy and Graves-who composed the Supreme Court of Michigan in 1868 and succeeding years, died in Detroit, Michigan, on the third day of March, 1906, at the age of eighty-eight years and five months.


Thomas Mcintyre Cooley, Jerome C. Knowlton Mar 1907

Thomas Mcintyre Cooley, Jerome C. Knowlton

Michigan Law Review

In the early fifties, there were four young men practicing at the bar of the State of Michigan who became so influential during the formative period in the jurisprudence of the state that we cannot name one of them without thinking of the others. James V. Campbell, Isaac P. Christiancy, Thomas M. Cooley arid Benjamin F. Graves came from New York parentage and from New England stock. The three last name received their education in the primary schools and academies of New York. As young men seeking their future they came west and settled in different parts of this state. …


Isaac Peckham Christiancy, Joseph B. Moore Feb 1907

Isaac Peckham Christiancy, Joseph B. Moore

Michigan Law Review

Isaac P. Christiancy was born on the 12th of March, 1812, at Johnstown, New York. His life is another of, the many illustrations that great as are the advantages of the possession of wealth, when properly used, and the opportunity of attending the higher institutions of learning, they are not essentials to the attaining of great influence and a position of well deserved eminence. His education was obtained by attending the district schools, supplemented by a short term in the academy at Dow, New York. He was an omnivorous reader of such books, magazines and newspapers as were obtainable by …


James Valentine Campbell, Charles A. Kent Jan 1907

James Valentine Campbell, Charles A. Kent

Michigan Law Review

The Campbell ancestors of Judge Campbell were, as the name shows, Scotch. The earliest one in this country, his grandfather, was Thomas Campbell, an officer in an Highland Regiment, who settled on the Hudson. His son, Henry M. Campbell, was born in Ulster County, New York, September 10th, 1783. In early manhood he removed to Buffalo. When the War of 1812 broke out, he joined the American army, and was made Captain of an artillery company. In October, 1812, he married Lois Bushnell, a member of a New England family. Her nephew, the Reverend Horace Bushnell, became a very distinguished …


Thomas Mcintyre Cooley, Jerome C. Knowlton Jan 1907

Thomas Mcintyre Cooley, Jerome C. Knowlton

Articles

In the early fifties, there were four young men practicing at the bar of the State of Michigan who became so influential during the formative period in the jurisprudence of the state that we cannot name one of them without thinking of the others. James V. Campbell, Isaac P. Christiancy, Thomas M. Cooley and Benjamin F. Graves came from New York parentage and from New England stock. The three last named received their education in the primary schools and academies of New York. As young men seeking their future they came west and settled in different parts of this state. …


Thomas Mcintyre Cooley, Harry B. Hutchins Jan 1906

Thomas Mcintyre Cooley, Harry B. Hutchins

Articles

The Department of Law of the University was opened in the fall of 1859. The wisdom of the step was doubted by many, and it cannot be said to have had the hearty support of the profession of the State. Systematic legal education through the instrumentality of formal instruction was in its infancy. It was practically unknown in the west, for outside of New England and New York there was at the time no law school of standing and influence. The profession generally, the country over, had little sympathy with any method of training for the bar excepting the historic …


Justice William Rufus Day, Harry B. Hutchins Jan 1903

Justice William Rufus Day, Harry B. Hutchins

Articles

The University of Michigan , when measured by the standard of public services rendered by its graduates, must certainly be accorded an honorable rank. For a quarter of a century the number of its alumni occupying high official station has been large. The list includes state executives, judges of state courts of last resort, senators and representatives in the national congress, cabinet officers, and members of important commissions raised by the general government for international and executive purposes. The character of the services has in some cases been conspicuous for its excellence and in all cases such as to bring …